NAB reports (Jan-Dec 1937)

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NAB REPORTS

Vol.5

The National Association of Broadcasters

NATIONAL PRESS BUILDING ..... WASHINGTON, D. C.

JAMES W. BALD WEN, Managing Director

NAB REPORTS * *

Copyright, 1936. The National Association of Broadcasters

Vol. 5 - - No. 1
JAN. 7, 1937

IN THIS ISSUE

Page

Duffy Copyright Bill . 1849

New Stations Granted . 1849

Annual Communications Commission Report . 1849

License Renewal for WHBC Recommended . 1849

Actors Bill Reintroduced . 1849

New Texas Station Recommended . 1849

Internal Revenue Cites Some Depreciation Averages for

Radio . 1849

Copeland Reintroduces Food Bill . 1850

Culkin Liquor Bill . 1850

Drys Protest Broadcasting . 1850

Federal Trade Commission Action . 1850

FTC Closes Cases . 1851

Federal Communications Commission Action . 1851

Dickstein Bill . 1857

Culkin Bill . 1857

Copeland Statement . 1858

Copeland Bill . 1860

DUFFY COPYRIGHT BILL

Senator Duffy of Wisconsin has reintroduced his copyright bill
of the last session of Congress. Copies of the bill were not avail¬
able as NAB Reports went to press but the Senator stated that
the new bill contains some “minor” changes in the text as ap¬
proved by the Senate last session.

NEW STATIONS GRANTED

The Federal Communications Commission this week granted a
construction permit for the erection of a new broadcast station
at Superior, Wis., to use 1200 kilocycles, 100 watts power and
unlimited time on the air.

A construction permit for a new broadcast station at Visalia,
Calif., was also granted to use 1190 kilocycles, 250 watts power
and daytime operation.

A third construction permit for a new broadcast station was
also granted for Bridgeton, N. J., to use 1210 kilocycles, 100 watts
power and daytime operation.

ANNUAL COMMUNICATIONS COMMISSION
REPORT

The second annual report of the Federal Communications Com¬
mission for the fiscal year ending June 30, 1936, was made to
Congress on Tuesday of this week.

The Commission made no recommendations for legislation. If
any legislative recommendations are to be made this year they
will be forwarded to Congress by another method.

The report is divided up into different sections including the
office of the secretary ; the examining department ; law department ;
engineering department; and accounting, statistical and tariff de¬
partment. The purpose of the report is to put into historical form
the activities of the Commission during the past fiscal year.

LICENSE RENEWAL FOR WHBC RECOMMENDED

Nolan S. Walker applied to the Federal Communications Com¬
mission for a construction permit for the erection of a new station
at Canton, Ohio, to use 1200 kilocycles, 100 watts and 250 watts
LS and unlimited time on the air. Also station WHBC, at Canton,
operating on the same frequency and with the same power asked
for a license renewal; an application for consent to voluntary assign¬
ment of the station license and of the construction permit from
Edward P. Graham to the Ohio Broadcasting Company; an ap¬
plication for modification of the construction permit, including an
extension of time for completion; and an application of Nolan S.

SALES MANAGERS MEET CHICAGO
January 18 and 19

The Sales Managers Division, under the leader¬
ship of Buryi Lotteridge (KFAB-KOIL, Omaha)
will meet in Chicago at the Sherman Hotel January
18 and 19. Chairman Lotteridge has given a lot of
time and effort to this meeting and the schedule
promises an excellent opportunity to exchange view¬
points on some extremely important sales problems.

Walker to acquire the facilities heretofore granted to Edward P.
Graham, licensee of WHBC.

Examiner Melvin H. Dalberg in Report No. 1-332 recommended
that the application of Nolan S. Walker for a construction permit
for a new station be denied ; that the application of license renewal
for station WHBC be granted; that the application of Edward P.
Graham for consent to voluntary assignment of license and con¬
struction permit to the Ohio Broadcasting Company be granted;
and that the modification of construction permit for additional
time for the erection of the station be granted.

ACTORS BILL REINTRODUCED

Representative Dickstein of New York has reintroduced his bill
(H. R. 30) “to protect the artistic and earning opportunities in the
United States for American actors, vocal musicians, operatic singers,
solo dancers, solo instrumentalists and orchestral conductors and
for other purposes.” The bill which has been referred to the House
Committee on Immigration and Naturalization is identical with the
bill which passed the House at the last session of Congress but was
not taken up by the Senate. The bill will be found on page 1857.
of this issue.

NEW TEXAS STATION RECOMMENDED

The Sweetwater Broadcasting Company applied to the Federal
Communications Commission to grant it a construction permit for
the erection of a new station at Sweetwater, Texas, to use 1310
kilocycles, 100 watts power, daytime operation.

Examiner R. H. Hyde, in Report No. 1-331 recommended that
the application be granted. He found that “there is no local broad¬
cast station or primary service from any station available in the
applicant’s area, and it is therefore concluded that there is a need
for the proposed new station.” The Examiner found also in this
case that “the establishment of the proposed station would pro¬
vide a needed broadcast service not otherwise available, and the
granting of a permit, therefore would serve public interest, con¬
venience and necessity.”

INTERNAL REVENUE CITES SOME DEPRECIA¬
TION AVERAGES FOR RADIO

In a letter dated January 5 Deputy Commissioner Russell of the
Bureau of Internal Revenue gives the ranges of serviceable lines
within which the cases of many broadcasting companies have been
approved. The letter reads as follows:

“In response to your request over the telephone, the following
is submitted in regard to depreciation on the physical assets owned
by the average broadcasting company.

“Depreciation, including obsolescence, for income tax purposes is
determined with consideration being given to the facts available in
each particular case. It has been found that due to different oper¬
ating conditions and locations, various financial policies and ac¬
counting practices, the allowance for depreciation cannot be predi¬
cated upon a general average.

1849

“The cases of many broadcasting companies before the Internal
Revenue Bureau have been approved within the following ranges
of serviceable lives; the depreciation deduction including both
depreciation and normal obsolescence, the latter being recognized
as a substantial factor in this particular industry:

“Studio control, speech input and transmitter equipment, 8 to
10 years.

“Antenna equipment, 10 to 12 years.

“Towers, 10 to IS years.

“Buildings, 25 to SO years.

“Furniture and Fixtures — Office, 10 years.

“Furniture and Fixtures— Studio, 5 years.

“Pianos and other musical instruments, 10 years.”

Members will observe that allowance for depreciation cannot be
predicated upon a general average. Each broadcaster should pro¬
duce all the facts pertinent to his own case and press for a
decision thereon without reliance upon general practices.

COPELAND REINTRODUCES FOOD BILL

Senator Copeland of New York has reintroduced his pure food
bill (S. S) which will be found, together with a statement on page
1860 of this issue.

CULKIN LIQUOR BILL

A bill has been introduced in the House (H. R. 13) which would
prohibit the advertising of liquor by radio. The bill which has
been referred to the House Committee on Interstate and Foreign
Commerce will be found on page 1857 of this issue.

DRYS PROTEST BROADCASTING

Organized “drys” of the United States are using a “bootleg” radio
station, barred from this country in the interest of public health
and welfare, as a propaganda medium, is the charge made in a
complaint filed with the Federal Communications Commission by
C. D. Cecil, secretary of the National Institute of Manufacturers
and Distributors, Inc.

The complaint specifically asks investigation of an announce¬
ment by Miss Ethel Hubler, editor and publisher of “The National
Voice,” of Los Angeles, Calif., of “dry” broadcasts from Del Rio,
Texas, by means of Station XERA, which is located in Villa Acuna,
Mexico, “and over approximately 60 other stations in 30 different
states.” The XERA Station is operated by Dr. John R. Brinkley,
whose station, KFBB at Milford, Kans., was closed by the Federal
Radio Commission about six years ago after a public hearing on
charges that its broadcasts were “inimical to public health and wel¬
fare” and the nature of its programs conflicted with the law pro¬
hibiting the broadcasting of “profane, obscene, or indecent” utter¬
ances.

The complaint made by the National Institute of Manufacturers
and Distributors, Inc., which is an organization of industrialists
opposed to Prohibition, contends that the broadcast as announced
by the “dry” publication, indicates violation of United States Law.
It quotes Miss Hubler’s statement that her broadcast will emanate
from Del Rio, Texas, and be transmitted by Station XERA, and
declares :

“This announcement would indicate violation of the Federal
‘Communications Act of 1934’ (Public Law No. 416). The radio
broadcasting station named XERA, is located on foreign soil, at
Villa Acuna, Mexico, and the Communications Act of 1934 spe¬
cifically prohibits transmission of programs from the United States
to foreign stations which can be heard in the United States.

“Further, this announcement by The National Voice suggests
that this foreign station, XERA, one of the so-called “bootleg” sta¬
tions along the Rio Grande, which seriously interfere with the
operation of stations in the United States licensed by your Com¬
mission, has been made an integral part of a broadcasting chain in
this country which includes 60 stations in 30 states.”

The complaint also cites that the action of the Federal Radio
Commission in closing the station operated by Brinkley in Kansas,
was upheld by the United States District Court of Appeals for the
District of Columbia in a decision which quoted the Biblical in¬
junction: “By their fruits ye shall know them.”

FEDERAL TRADE COMMISSION ACTION
Complaints

The Federal Trade Commission has alleged unfair competition
in complaints 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.

No. 3021. Charging unfair competition in the sale of soap, a
complaint has been issued against Allen B. Wrisley Company
and Allen B. Wrisley Distributing Company, also trading as
Regal Soap Company, both of 6801 West 65th Street, Chicago,
and Karl Mayer, George A. Wrisley, and Wrisley B. Oleson,
copartners, trading as Karl Mayer & Co., all of' Merchandise
Mart Building, Chicago.

The respondents are alleged to have advertised certain soaps as
olive oil soaps, when in fact the oil or fat ingredient of these
products was not entirely olive oil, according to the complaint.

In genuine olive oil soap, the complaint points out, the oil
ingredient is olive oil to the exclusion of all other oils and fats.
Such product is in demand as a high quality soap, free from sub¬
stances harmful to the skin or to delicate fabrics.

No. 3022. Unfair trade representation in the sale of radio
receiving sets, radio tubes, and supplies, are alleged in a complaint
issued against Sun Radio Service & Supply Corporation, 938
F. Street, N. W., Washington, D. C.

Advertising its products as “Newest R. C. A. Licensed Auto¬
matic Featuring the New Metal Tube,” the respondent company,
through its representations, is alleged to have deceived buyers into
believing that its products were those of the Radip Corporation
of America and its subsidiaries, and that its glass tubes were metal
tubes in which the technical elements were sealed in a vacuum of
steel, when these were not the facts.

Thirteen wholesalers and distributors of sponges in interstate
commerce, said to constitute a large and important part of such
wholesale trade in the United States, are named respondents in a
complaint alleging practices which have the effect of monopoly and
unreasonable restraint of trade.

Nos. 3024 and 3025. Principal respondents are The Sponge
Institute, of Washington, D. C., its officers and members, in¬
cluding the thirteen companies, and the Florida Sponge Packers
Association, of Tarpon Springs, Fla., its officers and members,
including six packing firms located at Tarpon Springs, Fla.

The Commission has also issued a complaint against the Tarpon
Springs Sponge Exchange, Inc., of Tarpon Springs, Fla.,
charging conspiracy and restraint of trade by member sponge pack¬
ers and producers. They are alleged to have combined to prevent
all purchases of wool sponges, in or outside the exchange, between
February 15, 1935, and May 1, 1935. One effect, it is alleged,
was an increase in the price of wool sponges to wholesalers, re¬
tailers and the public.

All respondents named in the complaint against The Sponge
Institute are charged with entering into an agreement, combination
and conspiracy to create monopoly in themselves in the sale of
sponges to wholesalers and retailers throughout the United States.
The packers, comprising the Florida Sponge Packers Association,
are alleged to have1 agreed with the institute and its members, to
whom they furnished sponges for wholesale and retail distribution,
that such packers would not circularize any trade outside of the
“bona fide sponge houses” regularly established by the institute,
and would either confine their sales to such bona fide houses or
would make a price difference of 20 per cent to other houses not
designated as bona fide. The packers are alleged to have agreed
to sell to such other houses, even at the 20 per cent increase, only
if they received the order unsolicited or placed by personal call.

The packers are alleged to have adhered to this plan, and, by
concert of action, to have failed and refused to sell sponges to
dealers not listed by the institute as bona fide.

Pursuant to the agreement, the institute is alleged to have fur¬
nished its members with a list of the packers who were cooperating
in the plan to restrict sales, causing them to confine their purchases
to such cooperating packers, and according to the complaint,
whenever the institute discovered that a packer had made a sale
contrary to the agreement, its name was taken off the list and
such packer was blacklisted and thereafter denied the business of
institute members.

Stipulations and Orders

The Commission has issued the following cease and desist orders
and stipulations:

No. 1863. Lancaster Cigars, Inc., Red Lion, Pa., agrees to
stop using on labels attached to containers the word “Havana”
to describe cigars not composed of or manufactured from Havana
tobacco grown in Cuba, and to cease employing the word “Havana”
in any way to imply that such cigars are made entirely from
Havana tobacco. The expression “Havana Blend” will not be
printed on labels, implying that the cigars so marked are composed
in substantial part of Havana tobacco, when such is not a fact.

1850

No. 1864. The Harker Pottery Company, Chester, W. Va.,

stipulates that it will stop employing the words “china” and
“chinaware” to describe articles which are not non-porous, vitreous
or translucent. The stipulation sets out that to well-informed
members of the trade and purchasing public, the word “china”
or “chinaware” means an earthen vessel which is non-porous,
vitreous and translucent, but that the respondent’s products, as
represented, does not possess these properties.

No. 1868. R. S. Bacon Veneer Co., 4702 Augusta Blvd.,
Chicago, agrees not to use in its printed matter the term “African
Walnut” to describe its products, implying that they are made of
wood derived from trees of the walnut or “Juglandaceae” family.
The respondent company also agrees not to use the word “walnut,”
either alone or in connection with the word “African” or “Tiger-
wood,” or in any other way which may have the effect of causing
buyers to believe that the articles so described are made of wood
derived from trees of the walnut family, when such is not a fact.

No. 1869. Union Pharmacal Co., Inc., 67 Irving Place,
New York City, selling so-called “Economy First-Aid Kits,” will
discontinue printing on the cartons in which the kits are packed
certain exaggerated or misleading assertions concerning the value
of the kits or the price at which they are sold, or are intended to
be sold, in the usual course of trade. The stipulation points out
that these kits were marked for sale at a certain price, when in
fact this was much in excess of the price at which they were
actually sold, or intended to be sold.

No. 2565. The National Electrical Manufacturers Asso¬
ciation, of New York City, and sixteen member manufacturers of
power cable and wire, have been served with an order to cease and
desist from certain unfair trade practices held to have been per¬
formed under an illegal agreement, combination or conspiracy.
The practices prohibited included, principally, the maintenance of
uniform selling prices.

All material facts alleged in the amended complaint were ad¬
mitted by the respondents to be true and the findings in the case
are a paraphrase of the admitted allegations.

Member companies named as respondents are American Elec¬
trical Works, Philadelphia, now known as Kennecott Wire and
Cable Company; American Steel and Wire Company, Worcester,
Mass.; Anaconda Wire and Cable Co., New York; Bishop Wire
and Cable Corporation, New York; Boston Insulated Wire and
Cable Co., Boston; Crescent Insulated Wire and Cable Co., Tren¬
ton, N. J.; General Cable Corporation, New York; General Elec¬
tric Co., Schenectady, N. Y.; Habirshaw Cable and Wire Cor¬
poration, New York; National Electrical Products Corporation,
Pittsburgh; The Okonite Co., Passaic, N. J.; Phelps-Dodge Copper
Products Corporation, New York; John A. Roebling’s Sons Co.,
Trenton, N. J.; Simplex Wire and Cable Co., Boston; Triangle
Conduit and Cable Co., Brooklyn; and United States Rubber
Products, Inc., New York.

Nos. 2939 and 2515. Cease and desist’ orders have been issued
against two New York cosmetics and toilet goods companies,
requiring them to cease and desist from unfair competition in
violation of section 5 of the Federal Trade Commission Act. The
respondent companies are Helena Rubinstein, Inc., 8 E. Fifty-
Seventh St., and B. H. Krueger, Inc., 151 W. Nineteenth St.

The order against Helena Rubinstein, Inc., directs that it cease
advertising that its cosmetics, facial creams and toilet prepara¬
tions will serve as a food for, or nourish, the skin, muscles, or
tissues; will prevent crow’s feet and wrinkles, strengthen eye
nerves, rebuild worn-out cells and dissolve fatty tissues or act as
effective weight reducers.

B. H. Krueger, Inc., is ordered to stop representing that its
cosmetics and toilet preparations, including perfumes, soaps, toilet
water and similar articles, are of English manufacture or origin,
or imported from England. The respondent company is also
ordered to cease asserting that its articles are made for, or dis¬
tributed by, an English company or a company with offices in
England or Canada, when such is not a fact.

No. 2964. Pratt Food Co., 126 Walnut St., Philadelphia,
has been ordered to discontinue certain unfair trade representa¬
tions in the sale of poultry medicine.

In selling “Pratt’s ‘Split-Action’ N-K Capsules” or any product
of substantially the same composition and effect, the respondent
company is directed to cease and desist representing that its prep¬
aration will destroy all worms and all parts of worms, including
tapeworm heads, with which poultry may be infested.

FTC CLOSES CASES

No. 2379. The Federal Trade Commission has entered an
order closing its case against Samson Paper Products Corpora¬

tion, 118 Greene St., New York City, and Louis, Harry and
Moe Hyman, who had been charged with use of unfair methods
of competition in connection with the sale of roll paper, in viola¬
tion of Section S of the Federal Trade Commission Act.

The Commission reserved the right to reopen the case should the
facts so warrant.

No. 2906. The Commission has also issued an order closing its
case against R. H. Macy & Co., New York City, following that
company’s signing of a stipulation to discontinue certain unfair
trade practices in the sale of razor blades as alleged in a complaint
directed against it by the Commission in August, 1936.

In its stipulation, the respondent company agrees not to resume
the use of representations contained in an advertisement, or similar
representations implying that razor blades sold by it have been
made under its own supervision, when such is not a fact.

FEDERAL COMMUNICATIONS COMMISSION
ACTION

HEARING CALENDAR

The following broadcast hearings are scheduled for hearing at
the Commission for the week beginning Monday, January 11.

Monday, January 11
HEARING BEFORE AN EXAMINER
(Broadcast)

NEW — Peninsula Newspapers, Inc., Palo Alto, Calif. — C. P., 1160
kc., 250 watts, daytime.

NEW — W. H. Marolf, Escanaba, Mich. — C. P., 1500 kc., 100
watts, unlimited time.

NEW — Escanaba Daily Press Co., Escanaba, Mich. — C. P., 1500
kc., 100 watts, daytime.

Tuesday, January 12

HEARING BEFORE AN EXAMINER
(Broadcast)

NEW — H. W. Wilson & Ben Farmer, Wilson, N. C. — C. P., 1310
kc., 100 watts, daytime.

NEW — Vincennes Newspapers, Inc., Vincennes, Ind. — C. P., 1200
kc., 100 watts, 250 watts LS, unlimited time.

KWBG — The Nation’s Center Broadcasting Co. Inc., Hutchinson,
Kans. — C. P., 550 kc., 250 watts, unlimited time. Present
assignment: 1420 kc., 100 watts, unlimited time.

Wednesday, January 13
HEARING BEFORE AN EXAMINER
(Broadcast)

WILM— Delaware Broadcasting Co., Wilmington, Del. — C. P.,
1420 kc., 100 watts, share WAZL.

WMBD — Peoria Broadcasting Co., Peoria, Ill. — C. P., 1440 kc.,
1 KW, 5 KW LS, unlimited time. Present assignment:
1440 kc., 500 watts, 1 KW LS, unlimited time.

WHOM — New Jersey Broadcasting Corp., Jersey City, N. J. —
C. P., 1450 kc., 250 watts, 1 KW LS, unlimited time. Pres¬
ent assignment: 1450 kc., 250 watts, unlimited time.

Thursday, January 14

HEARING BEFORE THE COMMISSION EN BANC

WBBC — Brooklyn Broadcasting Corp., Brooklyn, N. Y. — Modifi¬
cation of license, 1400 kc., 500 watts, unlimited time. (Re¬
quests facilities of WARD, WVFW & WLTH.) Present
assignment: 1400 kc., 500 watts, share WLTH, WARD &
WVFW.

WBBC — Brooklyn Broadcasting Corp., Brooklyn, N. Y. — Renewal
of license, 1400 kc., 500 watts, share WLTH, WARD &
WVFW.

WBBC — Brooklyn Broadcasting Corp., Brooklyn, N. Y. — Re¬
newal of license, 1400 kc., 500 watts (auxiliarv transmitter),
share WARD, WLTH & WVFW.

WVFW — Paramount Broadcasting Corp., Brooklyn, N. Y.— Modi¬
fication of license, 1400 kc., 500 watts, unlimited time
(Request facilities of WARD, WLTH & WBBC). Present
assignment: 1400 kc., 500 watts, share WARD, WLTH &
WBBC.

1851

WVFW — Paramount Broadcasting Corp., Brooklyn, N. Y. — Re¬
newal of license, 1400 kc., 500 watts, share WARD, WLTH
& WBBC.

WVFW — Paramount Broadcasting Corp., Brooklyn, N. Y. — C. P.,
to make changes in equipment; 1400 kc., 500 watts, share
WARD, WLTH & WBBC.

WVFW — Paramount Broadcasting Corp., Brooklyn, N. Y. — Trans¬
fer of control of corporation; 1400 kc„ 500 watts, share
WARD, WLTH & WBBC.

NEW — Brooklyn Daily Eagle Broadcasting Co., Inc., Brooklyn,
N. Y. — C. P., 1400 kc., 500 watts, unlimited time. (Requests
facilities of WBBC, WLTH, WARD & WVFW.)

WEVD — Debs Memorial Radio Fund, Inc., New York, N. Y.—
Modification of license; 1400 kc., 1 KW, unlimited time.
(Requests facilities of WBBC, WLTH, WARD & WVFW.)

WARD — United States Broadcasting Corp., Brooklyn, N. Y. —
C. P. to move transmitter; 1400 kc., 500 watts, share
WVFW, WLTH & WBBC.

WARD — United States Broadcasting Corp., Brooklyn, N. Y. —
Renewal of license; 1400 kc., 500 watts, share WVFW,
WLTH & WBBC.

WARD — United States Broadcasting Corp., Brooklyn, N. Y. —
Voluntary assignment of license to Kings Broadcasting
Corp.; 1400 kc., 500 watts, share WVFW, WLTH & WBBC.

WLTH — Voice of Brooklyn, Inc., Brooklyn, N. Y.— Renewal of
license; 1400 kc., 500 watts, share WARD, WVFW & WBBC.

WLTH — Voice of Brooklyn, Inc., Brooklyn, N. Y. — Voluntary
assignment of license to Kings Broadcasting Corp.;1400 kc.,
500 watts, share WARD, WVFW & WBBC.

Friday, January 15

HEARING BEFORE AN EXAMINER
(Broadcast)

KLPM — John B. Cooley, Minot, N. Dak. — C. P., 1300 kc., 1 KW,
unlimited time.

WCOA — Pensacola Broadcasting Co., Pensacola, Fla. — C. P., 1340
kc., 1 KW, unlimited time. Present assignment: 1340 kc.,
500 watts, unlimited time.

NEW — Bay County Publishers, Inc., Panama City, Fla. — C. P.,
1420 kc., 100 watts, unlimited time.

FURTHER HEARING BEFORE AN EXAMINER
(Broadcasting)

NEW — Richard M. Casto, Johnson City, Tenn. — C. P., 1200 kc.,
100 watts, 250 watts LS, unlimited time.

APPLICATIONS GRANTED

KXRO — KXRO, Inc., Aberdeen, Wash. — Granted C. P. approving
transmitter and studio sites, installation of new equipment
and vertical radiator, and increase in day power from 100
watts to 250 watts.

KGEZ — Donald C. Treloar, Kalispell, Mont. — Granted C. P. to
install new antenna and move transmitter locally south of
city limits 2)4 miles.

WNBZ — Earl J. Smith & Wm. Mace, d/b as Smith and Mace,
Saranac Lake, N. Y. — Granted C. P. to make changes in
equipment.

WHAS — The Louisville Times Co., Louisville, Ky. — Granted C. P.
to move transmitter site and install new equipment and
vertical radiator.

WJTN — James Broadcasting Co., Inc., Jamestown, N. Y. — Granted
C. P. to move transmitter and studio locally; install new
equipment and vertical radiator, and increase power from
50 to 100 watts night, 250 watts day.

NEW — McNary & Chambers, College Park, Md. — Granted C. P.
for new experimental station, frequency of 1080 kc., 100
watts, 12 midnight to 6 a. m., EST, for the purpose of ex¬
perimenting with synchronizing a booster broadcast station
without the use of wire lines.

WLW — The Crosley Radio Corp., Cincinnati, Ohio. — Granted C. P.,
for changes in equipment.

WJBK — James F. Hopkins, Inc., Detroit, Mich. — Granted license
to cover C. P. as modified, for installation of new equip¬
ment, extension of commencement and completion dates;
1500 kc., 100 watts night, 250 watts day, unlimited time.

WNEL — Juan Piza, San Juan, P. R. — Granted license to cover
C. P. for changes in equipment, increase in night power

from 500 watts to 1 KW, and day power from 500 watts to
2)4 KW; 1290 kc., unlimited.

KEHE — The Evening Herald Pub. Co., Los Angeles, Cal. — Granted
license to cover C. P. for move of transmitter and studio
sites; installation of new equipment and vertical radiator;
increase in power from 500 watts night, 1 KW day,. sharing
KELW to 1 KW night, 5 KW day, unlimited; 780 kc.
Also granted authority to determine operating power by
direct measurement of antenna input.

KFWB — Warner Bros. Broadcasting Corp., Hollywood, Cal. —
Granted license to cover C. P. authorizing new transmitter
site, installation of vertical radiator and new equipment; in¬
crease in day power from 2)4 KW to 5 KW; unlimited.
Also granted authority to determine operating power by
direct measurement of antenna input.

KPLT — North Texas Broadcasting Co., Paris, Tex. — Granted
license to cover C. P. for new station; 1500 kc., 100 watts,
daytime only.

KID — KID Broadcasting Co., Idaho Falls, Idaho. — Granted license
to cover C. P. authorizing local move of transmitter site,
installation of vertical radiator; increase in power from 250
watts night, 500 watts day, to 500 watts night, 1 KW day,
unlimited, 1320 kc.

KFXD — Frank E. Hurt, Nampa, Idaho — Granted license to cover
C. P. authorizing installation of new equipment.

WABY— The Adirondack Broadcasting Co., Inc., Albany, N. Y. —
Granted license to cover C. P. authorizing changes in trans¬
mitter and studio sites, installation of new equipment, and
vertical radiator.

WABI— Community Broadcasting Service, Bangor, Me. — Granted
license to cover C. P. authorizing move of transmitter site, in¬
stallation of new equipment and vertical radiator, increase
in day power to 250 watts, 1200 kc., 100 watts night.

WLBZ — Maine Broadcasting Co., Inc., Bangor, Me. — Granted
license to cover C. P. authorizing installation of new equip¬
ment.

KVOA— Arizona Broadcasting Co., Inc., Tucson, Ariz. — Granted
license to cover C. P. as modified, authorizing installation
of new equipment, and vertical radiator; increase in power
from 500 watts to 1 KW, 1260 kc., unlimited.

KSCJ — Perkins Bros. Co. (The Sioux City Journal), Sioux City,
la. — Granted license to cover C. P. authorizing changes in
equipment and increase in daytime power to 5 KW ; 1330
kc., 1 KW night.

WDBO — Orlando Broadcasting Co., Inc., Orlando, Fla. — Granted
license to cover C. P. authorizing local move of station, in¬
stallation of new equipment and increase in power to 1
KW ; 580 kc., unlimited.

KLS — S. W. Warner & E. N. Warner, d/b as Warner Bros., Oak¬
land, Cal. — Granted license to cover C. P. authorizing in¬
stallation of new equipment.

WBLK — The Exponent Co., Clarksburg, W. Va. — Granted modifi¬
cation of C. P. for change in equipment.

WMFR — Hart and Nelson (J. A. Hart & Wayne M. Nelson),
High Point, N. C. — Granted voluntary assignment of license
to radio station WMFR, Inc.; 1200 kc., 100 watts, daytime
only.

WATL — J. W. Woodruff and S. A. Cisler, Jr., d/b as Atlanta
B/c Co., Atlanta, Ga. — Granted voluntary assignment of
C. P. to J. W. Woodruff, d/b as Atlanta B/c Co.; 1370 kc.,
100 watts night, 250 watts day, unlimited.

WSPD — Toledo Broadcasting Co., Toledo, Ohio. — Granted volun¬
tary assignment of license to the Fort Industry Co.; 1340 kc.,
1 KW night, 5 KW day, unlimited.

WFTC — Jonas Wieland, Kinston, N. C. — Granted modification of
C. P. to install different equipment than authorized in C. P.

WTAR — WTAR Radio Corp., Norfolk, Va. — Granted modification
of C. P. to move auxiliary transmitter to same location as
that authorized by C. P. for the main transmitter and use
same directional antenna with that station operating with
power of 1 KW for emergency operation only.

WNOX — Continental Radio Co., Knoxville, Tenn. — Granted modi¬
fication of C. P. to install new equipment and extend com¬
mencement date to 60 days after grant, and completion date
to 180 days thereafter.

KFRO — Voice of Longview, Longview, Tex. — Granted modifica¬
tion of C. P. to make changes in equipment and extend
commencement date to 30 days after grant.

WMIN — Edward Hoffman, St. Paul, Minn. — Granted modifica¬
tion of license to change name from Edw. Hoffman to Ed¬
ward Hoffman, d/b as WMIN Broadcasting Co.

1852

KFXJ — R. G. Howell and Chas. Howell, d/b as Western Slope
Broadcasting Co., Grand Junction, Colo. — Granted authority
to install automatic frequency control equipment.

WORC — Alfred F. Kleindienst, Worcester, Mass. — Granted author¬
ity to install automatic frequency control equipment.

WJTN— James Broadcasting Co., Inc., Jamestown, N. Y. — Granted
license to cover C. P. authorizing changes in equipment.

WEAN — Shepard Broadcasting Service, Inc., Providence, R. I. —
Granted license to cover C. P.; 780 kc., 1 KW, unlimited
time employing directional antenna system.

KRBC — Reporter Broadcasting Co., Abilene, Tex. — Granted license
to cover C. P. authorizing installation of new equipment
and increase in day power from 100 watts to 250 watts;
1420 kc., 100 watts night, unlimited.

NEW — The Croslev Radio Corp., Cincinnati, Ohio, Mobile. —
Granted C. P. for new low relay b/c station; frequencies of
1622, 2058, 2150 and 2790 kc., 50 watts.

NEW — The WGAR Broadcasting Co., Mobile, Cleveland, Ohio. —
Granted C. P. for new low relay b/c station; frequencies of
1622, 2058, 2150 and 2790 kc., 100 watts.

NEW — The WGAR Broadcasting Co., Mobile, Cleveland, Ohio. —
Granted license covering above.

NEW — National Broadcasting Co., Inc., Fixed, New York City. —
Granted C. P. and license for new general experimental sta¬
tion for relay broadcasting; frequencies of 31100, 34600,
37600 and 40500 kc., 100 watts.

NEW — National Broadcasting Co., Inc., Fixed, New York City. —
Granted C. P. and license for new general experimental sta¬
tion for relay broadcasting; frequencies of 31100, 34600,
37600 and 40600 kc., 25 watts.

W4XBW— WDOD Broadcasting Corp., Chattanooga, Tenn. —
Granted C. P. to move transmitter locally and install an¬
tenna system on roof of Hotel Patten.

W8XIK — The Crosley Radio Corp., Mobile (Cincinnati, Ohio). —
Granted C. P. to increase power from 30 to 50 watts.

W8XIL — The Crosley Radio Corp., Mobile (Cincinnati, Ohio). —
Granted C. P. to increase power from 30 to 50 watts.

NEW — Cleveland Radio Broadcasting Corp., Mobile — Granted
C. P. for new high relay experimental b/c station; frequen¬
cies of 31100, 34600, 37600 and 40600 kc., 10 watts.

Also granted license covering same.

NEW — Cleveland Radio Broadcast Corp., Mobile — Granted C. P.
for new high relay experimental b/c station; frequencies of
38900, 39100, 39300 and 39500 kc., 100 watts.

Also granted license covering same.

NEW — Cleveland Radio Broadcast Corp., Mobile — Granted C. P.
and license for new experimental high relay b/c station ;
frequencies of 39700, 39900, 40800, 41400 kc., 10 watts.

NEW— Rockford Broadcasters, Inc., Mobile (Rockford, Ill.). —
Granted C. P. for new low relay station; frequencies of
1646, 2090, 2190 and 2830 kc., 50 watts.

NEW — Rockford Broadcasters, Inc., Mobile (Rockford, Ill.) . —
Granted C. P. for new experimental high relay station;
frequencies of 31100, 34600, 37600 and 40600 kc., 2 watts.

W9XAK — Kansas State College of Agriculture and Applied Science,
Manhattan, Kans. — Granted modification of license authoriz¬
ing addition of A3 emission for oral broadcasting associated
with visual broadcasting.

W6XKG — Ben S. McGlasahan, Los Angeles, Cal. — Granted modi¬
fication of license to change frequencies from all four in
Group C to 25950 kc. under Group A of Rule 1053(a).

W1XAL — World Wide Broadcasting Corp., Boston, Mass. — Granted
modification of license to increase power from 10 KW to
20 KW.

W4XH — Virgil V. Evans, d/b as The Voice of South Carolina,
Spartanburg, S. C. — Granted modification of license to change
frequencies from all four listed in Group C to 25950 kc.,
listed in Group A of Rule 1053(a).

W9XPT — Woodmen of the World Life Ins. Assn. — Mobile, Omaha,
Neb. — Granted license to cover C. P. for new relay broadcast
station; frequencies of 31100, 34600, 37600 and 40600 kc.,
2 watts.

W9XPX — Woodmen of the World Life Ins. Assn., Mobile, Omaha,
Neb. — Granted license to cover C. P. for new relay broadcast
station; frequencies of 31100, 34600, 37600 and 40600 kc.,
2 watts.

WlXLV — The WATR Co., Inc., Mobile (Waterbury, Conn.). —
Granted license to cover C. P. for new relay broadcast
station; frequencies of 31100, 34600, 37600 and 40600 kc.,
10 watts.

WAAK — WSOC, Inc., Mobile (Charlotte, N. C.).— Granted license

to cover C. P. for new relay broadcast station; frequencies
of 1622, 2058, 2150 and 2790 kc., 40 watts.

W4XCH — Wilton E. Hall, Mobile (Anderson, S. C.).- — Granted
license to cover C. P. for new experimental relay broadcast
station ; frequencies of 31100, 34600, 37600 and 40600 kc.,
0.5 watts power.

W4XCI — The Atlanta Journal Co., Mobile (Atlanta, Ga.). —
Granted license to cover C. P. for new relay broadcast sta¬
tion ; frequencies 31100, 34600, 37600 and 40600 kc., 10
watts.

KAAD — Fort Worth Broadcasters, Inc., Mobile (Fort Worth,
Tex.). — Granted license to cover C. P. for new relay station;
frequencies 1622, 2058, 2150, and 2790 kc., 40 watts.

APPLICATIONS DISMISSED

The following applications, heretofore set for hearing, were dis¬
missed at request of applicants:

NEW — Eastern Broadcasting Co., Portland, Maine. — C. P., 1210
kc., 100 watts, unlimited.

WIOD — Isle of Dreams Broadcasting Corp., Miami, Fla. — C. P.,
970 kc., 5 KW, unlimited.

NEW — St. Petersburg Chamber of Commerce, St. Petersburg, Fla.
— C. P., 1050 kc., 5 KW, limited.

NEW — Carolina Adv. Corp., Florence, S. C.— C. P., 1200 kc., 100
watts, unlimited.

WKZO — WKZO, Inc., Kalamazoo, Mich. — Special experimental
authority, 590 kc., 250 watts, 1 KW LS, unlimited.

APPLICATION DENIED

WQDM — E. J. Regan and F. Arthur Bostwick, d/b as Regan and
Bostwick, St. Albans, Vt.— Denied special temporary au¬
thority to operate on frequency 1390 kc., with 100 watts
power, at location authorized by C. P., employing Class AB
or a prime modulation using 845 Tubes, in order to facilitate
installation of 1-KW equipment authorized by C. P.

SET FOR HEARING

NEW — Malcolm H. Clack (Clack Radio Service), Amarillo, Tex. —
Application for C. P. for new broadcast station at Amarillo,
Tex., to operate on 1500 kc., 100 watts, unlimited time.
Transmitter and studio sites are to be determined with
Commission approval.

NEW — David J. Mercier and Geo. F. Warren, d/b as Northern
Broadcasting Co., Traverse City, Mich. — Application for
C. P. for new broadcast station at Traverse City, Mich.,
as amended 11-2-36, to operate on 830 kc., 500 watts, day¬
time only.

NEW — Beaumont Broadcasting Assn., Beaumont, Tex. — Applica¬
tion as amended 12-8-36 for C. P. for new broadcast station
at Beaumont, Tex., to operate on 1420 kc., 100 watts, un¬
limited time.

KMA — May Seed & Nursery Co., Shenandoah, Iowa. — Hearing
before Broadcast Division on application for modification of
license to increase night power from 1 KW to 5 KW.

WMBO — WMBO, Inc., Auburn, N. Y. — Application for Commis¬
sion’s consent to transfer control of WMBO, Inc., licensee
of Station WMBO, from Roy L. Albertson to Auburn Pub¬
lishing Co.

WSAU — Northern Broadcasting Co., Inc., Wausau, Wis. — Appli¬
cation for modification of C. P. requesting increase in time
of operation from daytime to unlimited.

SPECIAL AUTHORIZATIONS

WTHT — The Hartford Times, Inc., Hartford, Conn. — Granted
special temporary authority to operate from local sunset
(4:45 p. m.) to 12 midnight, EST, January 6, 1937, in order
to broadcast inaugural ceremonies, also opening of State
Legislature.

WABL — American Airlines, Inc., Washington, D. C. — Granted ex¬
tension of special temporary authority to operate a mobile
relay broadcast transmitter aboard an American Airlines
plane some time between January 4th and 14th, 1937,
weather permitting, for transmission to NBC of program
material from plane while flying over Exline, Ill.

KFRO — Voice of Longview, Longview, Tex. — Granted special tem¬
porary authority to operate from local sunset (5:15 p. m.,
CST) to 9 p. m. on Sundays, January 3, 10, 17, 24, and 31,
1937, in order to broadcast services of the Kelly Memorial
Methodist Church, Longview, Tex.

1853

WRBL — WRBL Radio Station, Inc., Columbus, Ga.— Granted
special temporary authority to operate a 100-watt portable
transmitter on 1200 kc. between the hours of 12 midnight
and 6 a. m., CST, for period beginning January 4, 1937,
and ending in no event later than February 2, 1937, in order
to determine most efficient antenna location, provided such
tests are not permitted during those hours prescribed for
Commission monitoring schedule.

WILL — University of Illinois, Urbana, Ill. — Granted special tem¬
porary authority to operate simultaneously with KFNF
from 3 p. m. to 4 p. m., CST, January 12, 13, 14, 1937, and
simultaneously with KUSD from 4 p. m. to S p. m., CST,
January 12, 13, 14, 1937 (provided WBAA remains silent),
in order to broadcast special Farm and Home Week pro¬
grams.

WOSU — Ohio State University, Columbus, Ohio. — Granted special
temporary authority to operate from 12:30 p. m. to 1 p. m.
Wednesday, January 20, 1937 (provided WKBN remains
silent), in order to broadcast the Farm and Home Hour
program.

WOI — Iowa State College of Agriculture & Mechanic Arts, Ames,
Iowa. — Granted extension of special temporary authority to
rebroadcast over WOI, Ames, Iowa, the emergency pro¬
grams of station KGHO, licensed for emergency police
service in Des Moines, Iowa, for period beginning 3 a. m.,
CST, February 1, 1937, and ending in no event later than
3 a. m., CST, August 1, 1937.

WNYC — City of New York, Department of Plant and Structures,
New York, N. Y. — Granted extension of special temporary
authority to use auxiliary transmitter, located at 29 Ft.
Greene Place, Brooklyn, N. Y., as main transmitter while
moving, in accordance with C. P., for period beginning
3 a. m., EST, February 1, 1937, and ending in ho event
later than May 27, 1937.

KFDY — South Dakota State College, Brookings, S. Dak. — Denied
special temporary authority to operate from 7 p. m. to 9:30
p. m., CST, December 16, 1936, January 8, 11, 1937, in
order to broadcast District Parent Teachers Association
programs.

WTRC — The Truth Publishing Co., Inc., Elkhart, Ind. — Granted
special temporary authority to operate simultaneously with
WLBC from 7:30 p. m. to 10 p. m., CST, January 8, 9,
15, 16, 22, 23 and 29, 1937, for purpose of broadcasting
Elkhart High School basketball games.

WSVS — Elmer S. Pierce Principal, Seneca Vocational High School,
Buffalo, N. Y. — Granted special temporary authority to
remain silent from January 1 to 3, 1937, inclusive, in order
to observe balance of Christmas vacation; February 12,
1937, Lincoln’s birthday; February 22, 1937, Washington’s
birthday; March 25 to April 4, inclusive, Easter vacation;
May 31, 1937, Memorial Day; June 26 to June 30, 1937,
in order to observe summer vacation.

KEX — The Oregonian Publishing Co., Portland, Ore. — Granted
special temporary authority to operate simultaneously with
KOB from 7:30 p. m. to 8 p. m., PST, Tuesday, January 5,
1937, in order to broadcast speeches on the Pacific Coast
Maritime strike situation by Mayor Rossi of San Francisco,
Mayor Carson of Portland, and other civic leaders.

WELI — City Broadcasting Corp., New Haven, Conn. — Denied
special temporary authority to operate from 8 p. m. to 12
midnight, EST, January 20, 1937, in order to broadcast
Annual Meeting of shareholders of the First Federal Savings
and Loan Association at the Hotel Taft.

WPHR — WLBG, Inc., Petersburg, Va.— Denied special temporary
authority to operate from 8:15 p. m. to 10:30 p. m., EST.,
in order to broadcast boxing matches January 16, VMI v.
Virginia, at Lexington; January 23, Virginia v. VPI, at
Charlottesville; January 30, Maryland v. VMI, at Lexing¬
ton; February 6, Virginia v. Maryland, at Charlottesville;
and February 13, Maryland v. Rutgers, at College Park.

KGDY — Voice of South Dakota, Huron, S. Dak. — Denied special
temporary authority to operate from 7:45 p. m. to 11 p. m.,
CST, January 8, 15, 16, 21, 22, 26, 29 and February 4,
1937, in order to broadcast basketball games.

WSAJ — Grove City College, Grove City, Pa.— Denied special tem¬
porary authority to operate from 7:30 p. m. to 10:30 p. m„
EST, January 8, 19 and February 5, 1937, in order to broad¬
cast home basketball games.

ACTION ON EXAMINERS’ REPORTS

NEW — Ex. Rep. 1-243: Nathan N. Baure, Miami, Fla. — Applica¬
tion for C. P. for new broadcast station to operate on 1420

kc., 100 watts, unlimited time (site to be determined), was
remanded to Dockets.

WTJS — Ex. Rep. 1-244: The Sun Publishing Co., Inc., Jackson,
Tenn.— Denied C. P. to move transmitter from Hall St.,
Jackson, Tenn., to northwest of Jackson, Tenn.; install
new equipment (directional antenna) ; change frequency
from 1310 kc, to 920 kc.; increase power from 100 watts
night, 250 watts day, to 250 watts night, 500 watts day,
unlimited time. Examiner R. L. Walker sustained. Order
effective February 16, 1937.

KTFI — Ex. Rep. 1-249: Radio Broadcasting Corp., Twin Falls,
Idaho.- — -Granted renewal of license, 1240 kc., 500 watts
night, 1 KW day, unlimited time. Denied modification of
license to change frequency from 1240 kc. to 630 kc., 500
watts night, 1 KW day, unlimited time. Examiner Geo. H.
Hill sustained in part. Order effective February 23, 1937.

NEW — Ex. Rep. 1-150: Clark Standiford, Visalia, Calif. — Denied
C. P. for new broadcast station to operate on 1310 kc., 100
watts, unlimited time (transmitter site to be determined).
Examiner David G. Arnold reversed. Order effective Feb¬
ruary 2, 1937.

NEW — Ex. Rep. 1-266: Fred A. Baxter, Superior, Wis. — Granted
C. P. for new broadcast station to operate on 1200 kc.,
100 watts, unlimited time (site to be determined subject to
Commission’s approval). Examiner M. H. Dalberg sus¬
tained. Order effective January 19, 1937.

WJBO — Ex. Rep. 1-267: Baton Rouge Broadcasting Co., Inc.,
Baton Rouge, La. — Granted C. P. to install new equipment;
change frequency from 1420 kc. to 1120 kc.; increase power
from 100 to 500 watts; change hours of operation from un¬
limited to specified (unlimited except from 8 to 9 p. m.
Mondays and Fridays). Examiner M. H. Dalberg sustained.
Order effective January 26, 1937.

NEW — Ex. Rep. 1-268: Tulare-Kings Counties Radio Associates,
Chas. A. Whitmore, Pres., Visalia, Calif. — Granted C. P. for
new broadcast station to operate on 1190 kc., 250 watts,
daytime. Examiner R. H. Hyde sustained. Order effective
February 2, 1937.

NEW — Ex. Rep. 1-279: Eastern States Broadcasting Corp., Bridge-
ton, N. J. — Granted C. P. for new broadcast station to
operate on 1210 kc., 100 watts, daytime (site to be deter¬
mined subject to Commission’s approval). Order effective
February 9, 1937.

NEW — Ex. Rep. 1-314: Walker Jamar, Duluth, Minn. — Denied
C. P. for new broadcast station to operate on 1200 kc.,
100 watts, unlimited time (site to be determined). Ex¬
aminer R. L. Irwin sustained. Order effective January 5,
1937.

ORAL ARGUMENTS GRANTED

KVOS — Ex. Rep. 1-309: KVOS, Inc., Bellingham, Wash. — Granted
oral argument to be held February 4, 1937.

NEW — Ex. Rep. 1-310: Telegraph Herald, Dubuque, Iowa. —
Granted oral argument to be held February 11, 1937.

NEW — Ex. Rep. 1-313: Glenn Van Auken, Indianapolis, Ind. —
Granted oral argument to be held February 11, 1937.

WSBT — Ex. Rep. 1-315: The South Bend Tribune, South Bend,
Ind. — Granted oral argument to be held February 11, 1937.

NEW— Ex. Rep. 1-316: Dr. F. P. Cerniglia, Monroe, La. — Granted
oral argument to bd held February 11, 1937.

WHAT — Ex. Rep. 1-317: Independence Broadcasting Co., Inc.,
Philadelphia, Pa.- — Granted oral argument to be held Feb¬
ruary 18, 1937.

MISCELLANEOUS

The effective date in the case of Interstate Broadcasting Corp.,

Ogden, Utah (Ex. Rep. 1-221), was extended to January 19, 1937.

Hildreth & Rogers Co., Lawrence, Mass. — Denied petition asking
Commission to deny motion of Bay State Broadcasting Corp.
to reinstate its application. The Broadcast Division on
December 1, 1936, decided to reinstate and hear the appli¬
cation of the Bay State Broadcasting Corp. for C. P. for
new station at Providence, R. I., to operate on 720 kc., 1
KW, limited time. No date has been set.

KVOE — The Voice of the Orange Empire, Inc., Ltd., Santa Ana,
Calif. — Granted modification of C. P. authorizing change
in equipment and location of station.

NEW — Vincennes Newspapers, Inc., Vincennes, Ind. — Granted
motion to postpone hearing on application for new station
scheduled for January 12, 1937, as applicant plans to amend
application to request different frequency.

1854

NEW — H. W. Wilson and Ben Farmer, Wilson, N. C. — Denied
petition asking for reconsideration of action in designating
application for new radio station at Wilson, N. C., to op¬
erate on 1310 kc., 100 watts, daytime, for hearing and to
grant same without a hearing. Hearing to be held as
scheduled.

NEW — Radio Enterprises, Lufkin, Tex. — Denied petition asking
Commission to continue hearing schedule for February 5,
1937, on application for authority to build and operate new
broadcasting station at Lufkin, Tex., using frequency 1310
kc., 100 watts, daytime.

KSD — Pulitzer Publishing Co., St. Louis, Mo. — Granted petition
asking Commission to consolidate its application for un¬
limited time on 550 kc. and the application of KFUO (shar¬
ing the same frequency) to increase its power and hours of
operation to half time and to hear both cases at the same
time.

NEW — Faith Broadcasting Co., Wichita Falls, Tex. — Granted peti¬
tion for a consolidated hearing upon three pending applica¬
tions for new broadcast stations in Wichita Falls, Tex.,
namely, Faith Broadcasting Co., to operate on 1380 kc.,
1 KW, unlimited time; Wichita Broadcasting Co., to operate
on 620 kc., 250 watts night, 1 KW LS, unlimited time; and
West Texas Broadcasting Co., to operate on 1380 kc., 1 KW,
unlimited time. The Broadcast Division also approved
recommendation that application involving the removal of
station KFPL from Dublin, Tex., to Wichita Falls, be heard
in the same proceeding with the three applications for new
stations.

WMBR — Florida Broadcasting Co., Jacksonville, Fla. — Granted
petition to intervene in hearing on application for The
Metropolis Company for new broadcast station at Jackson¬
ville, Fla., to operate on 1290 kc., 250 watts, unlimited time,
hearing on which is scheduled for February 9, 1937.

KTUL— Tulsa Broadcasting Co., Inc., Tulsa, Okla., and KVOO —
Southwestern Sales Corp., Tulsa, Okla. — Granted petition to
intervene at hearing of application of World Publishing Co.,
Tulsa, Okla., for C. P. to erect and operate a radio broad¬
casting station on 940 kc., 1 KW night, 5 KW day, un¬
limited.

WJAS — Pittsburgh Radio Supply House, Pittsburgh, Pa. — Denied
petition asking Commission to continue hearing of applica¬
tion of WATR, Waterbury, Conn., to operate on 1290 kc.,
250 watts, unlimited time, scheduled for January 18, 1937,
until Commission sets a definite date to hear WJAS’s appli¬
cation to operate with 5 KW night, on frequency 1290 kc.

NEW — Richard M. Casto, Johnson City, Tenn. — Denied motion
to receive deposition in connection with his application for
new station to operate on 1200 kc., 100 watts night, 250
watts day, unlimited time, and sustained opposition of W.
Hanes Lancaster and J. W. Birdwell, d/b as Johnson City
Broadcasting Co., respondents, to receipt of the depositions.

RATIFICATIONS

WTMV — Miss. Valley Broadcasting Co., Inc., E. St. Louis, Ill. —
Granted modification of C. P. to install new equipment and
extend commencement date from December 13 to 30 days
after grant and completion date to 6 months thereafter.

WSAN— WSAN, Inc., Allentown, Pa. — Granted modification of
C. P. approving vertical radiator and transmitter site near
junction of Route 309 and W. Catasauqua Road., Allen¬
town.

WCBA — B. Bryan Musselman, Allentown, Pa. — Granted modifica¬
tion of C. P. approving new equipment and vertical radiator
and transmitter site near junction of Route 309 and W.
Catasauqua Road, Allentown.

KOCA — Oil Capital Broadcasting Assn., Kilgore, Tex. — Granted
modification of C. P. approving transmitter and studio sites,
installation of new; equipment and vertical radiator.

KPLC — Calcasieu Broadcasting Co., Lake Charles, La. — Granted
modification of C. P. approving transmitter site in Lake
Charles.

KGFI — Eagle Broadcasting Co., Corpus. Christi, Tex. — Granted
renewal of license for period January 1 to July 1, 1937.

WMEX — The Northern Corp., Boston, Mass. — Granted renewal
of license for period January 1 to July 1, 1937.

KUJ — KUJ, Inc., Walla Walla, Wash. — Granted renewal of license
for period January 1 to July 1, 1937.

KDB — Santa Barbara Broadcasters, Ltd., Santa Barbara, Calif. —
Granted renewal of license for period January 1 to July 1,
1937.

WTMJ — The Journal Co., Milwaukee, Wis. — Granted authority to

transfer control of The Journal Co. (Station WTMJ) from
estate of Lucius W. Nieman to The Journal Co. and Faye
McBeath.

WOEG-W2XIL-W2XIM-W2XJH — General Electric Co., New
York City. — Granted authority to operate as licensed on
February 6 and 7, relay broadcast program National A. A. U,
Bob Sled Championships.

WIEF — Miami Broadcasting Co., Inc., Miami, Fla. — Granted au¬
thority to operate as licensed for period of 30 days December
16 to January 14, inclusive, relay broadcast description of
Miami from Blimp Puritan.

WALR — WALR Broadcasting Corp., Zanesville, Ohio. — Granted
extension of program test period 30 days from December 11,

1936.

WSGN — The Birmingham News Co., Birmingham, Ala. — Granted
extension of program test period 30 days from December 23.

W9XPV-W9XPN — WDZ Broadcasting Co., Tuscola, Ill. — Granted
authority to operate as licensed for period of 30 days be¬
ginning December 24 and ending January 22, inclusive, for
relay broadcast from train between Villagegrove and Tus¬
cola, Ill.

WMFS — National Broadcasting Corp., Inc., New York City. —
Granted authority to operate as licensed from January 4 to
7, 1937, inclusive, for relay broadcast of program from
plane flying over Exline, Ill.

WNEL — Juna Piza, San Juan, P. R. — Granted extension of pro¬
gram test period for 30 days from January 2, 1937.

W9XES — Midland Broadcasting, Kansas City, Mo. — Granted au¬
thority to operate as licensed for a period of 30 days be¬
ginning December 30 to January 28, inclusive, for relay
broadcasting series of children educational programs.

WJTN — James Broadcasting Co., Inc., Jamestown, N. Y. — Granted
authority to extend program test period for 30 days from
December 28.

WGPC — Americus Broadcasting Corp., Albany, Ga. — Granted au¬
thority to extend program test period for 30 days from
December 30.

WIOD — Isle of Dreams Broadcasting Corp., Miami, Fla. — Granted
authority to extend program test period for 30 days from
December 30.

KFOX — Nichols & Warinner, Inc., Long Beach, Calif. — Granted
extension of special temporary authority to operate a 50-
watt portable test transmitter between hours of 12 mid¬
night and 6 a. m. for period December 20 to January 18,

1937.

KFNF — KFNF, Inc., Shenandoah, Iowa. — Granted extension of
special temporary authority to operate simultaneously with
station WILL from 8 to 11 a. m., CST, daily except Sun¬
days, during month of January, 1937.

WCAX — Burlington Daily News, Inc., Burlington, Vt. — Granted
special temporary authority to operate from 7:30 to 10:30
p. m., EST, January 5 and 12, and from 10 to 10:30 p. m.,
EST, January 8, 15, 22, 29, 1937.

WMBQ — Jos. Husid, Receiver, Radio Station WMBQ, Brooklyn,
N. Y. — Granted special temporary authority to remain
silent for a period not to exceed 30 days, pending liquida¬
tion and sales.

KDON — Monterey Peninsula Broadcasting Co., Del Monte, Calif. —
Granted special temporary authority to move main studio
from Del Monte to Monterey, for period December 29 to
January 27, pending receipt and action on modification of
license and consolidation of business office and studio.

WINS — Hearst Radio, Inc., New York City. — Granted special
temporary authority to operate from 7:15 to 7:30 p. m.,
EST, during month of January, 1937.

KUMA — Albert H. Schermann, Yuma, Ariz. — Granted special tem¬
porary authority to operate from 10 to 11:30 p. m., MST,
January 5, 12, 19 and 26, in order to broadcast wrestling
bouts.

WJEJ — Hagerstown Broadcasting Co., Hagerstown, Md. — Granted
extension of special temporary authority to operate with
power of 50 watts from local sunset (5:15 p. m.) to 11
p. m., EST, on Tuesdays, Thursdays, Saturdays and Sun¬
days during month of January, pending compliance with
Rule 131.

WSYB — Philip Weiss, d/b as Philip Weiss Music Co., Rutland,
Vt. — Granted special temporary authority to operate from
9 to 10 a. m., EST, January 1 to February 1, inclusive.

WRR — City of Dallas, Tex. — Granted extension of special tem¬
porary authority to suspend tests on KVPA’s transmitter,
used by station WRR as an auxiliary transmitter, as re¬
quired by Sec. D of Rule 148, for period December 31 to

1855

January 29, pending necessary changes to comply with
Rule 132.

KGKB — E. Texas Broadcasting Co., Tyler, Tex. — Granted special
temporary authority to operate from 8 to 10 p. m., CST,
January 1 to February 1, 1937, or until construction is com¬
pleted under C. P.

WLBC — Donald A. Burton, Muncie, Ind. — Granted special tem¬
porary authority to operate simultaneously with WTRC
from 6 to 7:30 p. m., CST, January S, 8, 12, 13, IS, 16, 18,
20, 22, 23, 28, 29, 30, 1937, in order to broadcast basket¬
ball games.

WMFF — Plattsburg Broadcasting Corp., Plattsburg, N. Y. —
Granted special temporary authority to operate from 4:45
to 10:30 p. m., EST, the following Saturdays: January 9,
16, 23 and 30, and each Sunday from 4:45 to 5:30 p. m.,
EST, namely, January 10, 17, 24 and 31.

WHBF — Rock Island Broadcasting Co., Rock Island, Ill. — Granted
extension of special temporary authority to maintain main
studio of WHBF at 1630 5th Ave., Moline, instead of 102
18th St., Rock Island, for a period January 2 to 31, 1937.
KALE — KALE, Inc., Portland, Ore.- — Granted extension of special
temporary authority to operate unlimited time for period
December 31 to January 29, pending construction of vertical
radiator in compliance with Rule 131.

KGFG — Oklahoma Broadcasting Co., Inc., Oklahoma City, Okla. —
Granted modification of C. P. approving transmitter site at
1800 W. Main St. and studio site at 200 Parrine Bldg., Okla¬
homa City, and approval of vertical radiator.

The Broadcast Division granted the petition of the Pottsville
News and Radio Corporation to intervene in the hearing on the
application of The Schuylkill Broadcasting Company, Pottsville,
Pa., for construction permit, Docket No. 4176.

The Broadcast Division granted the petition of WOAX, Inc.
(WTNJ), to intervene in the hearing on the applications of Trenton
Times, Trenton, N. J., for construction permits, Docket Nos.
4198, 4199 and 4200, respectively.

The Broadcast Division granted the petition by the City of
Dallas (WRR) to intervene in the hearing on the application of
the Oak Cliff-Dallas County Broadcasting Company, for construc¬
tion permit, Docket No. 4304.

The Broadcast Division waived Rule 104.6 (b) and permitted
the Sunbury Broadcasting Corporation to file answer to notice of
appearance submitted by John H. Stenger, Jr. (WBAX), applicant
for modication of license, Docket No. 4150.

The Broadcast Division denied the motions of (a) James Broad¬
casting Co. (WJTN), Jamestown, N. Y., and (b) Sunbury Broad¬
casting Corp. (WKOK), Sunbury, Pa., to strike appearance, de¬
fault and deny application of John J. Stenger, Jr. (WBAX),
Wilkes-Barre, Pa., for modification of license, Docket No. 4150.

The Broadcast Division denied the motion by New England
Radio Corporation for leave to amend its application for con¬
struction permit for new station at Bridgeport, Conn., Docket No.
3480, so as to use the frequency 1190 kc., instead of 1420 kc.

The Broadcast Division granted the request filed on behalf of
the Pulitzer Publishing Company (KSD), St. Louis, Mo., and
directed that the present license of KSD be modified so as to
permit it to radiate 70 per cent of its entire effective field with a
power of 1 KW for nighttime operation in the direction of WKRC.

The Broadcast Division granted the request of May Radio
Broadcasting Corporation (WHBI), Newark, N. J., for waiver of
Rule 131, and directed that a modified license be issued to WHBI
including therein the description and authority to use the present
antenna.

The Broadcast Division denied petition of Oklahoma Broadcast¬
ing Co., Inc. (KGFG), requesting special temporary authority to
operate unlimited time on frequency of 1370 kc., with power of
10O watts for a period not to exceed 30 days.

The Broadcast Division granted the petition of Durham Radio
Corporation (WDNC), Durham, N. C., and reinstated its appli¬
cation for construction permit, Docket No. 2689. which was de¬
nied on September 22, 1936, as in case of default for failure to
file appearance.

KTEM — Bell Broadcasting Co.. Temple, Tex. — Granted special
temporary authority to conduct DX programs from 3 to 5
a. m., CST, on Jan. 8, and 22, 1937.

In the matter of the application of Iowa Broadcasting Company
(KRNT), Des Moines, Iowa, for construction permit. Docket No.
3854, on which an order was heretofore entered on November 10,
1936, the Broadcast Division adopted and published a statement
of facts and grounds for decision.

In the matter of the application of Nichols and Warinner, Inc.

(KFOX), Long Beach, California, for modification of license,
Docket No. 3297, on which an order was heretofore entered on
November 17, 1936, the Broadcast Division adopted and published
a statement of facts and grounds for decision.

In the matter of the applications of Harold H. Hanseth, Fresno,
California, for construction permit, Docket No. 2911, and Fresno
Broadcasting Company, Fresno, California, for construction per¬
mit, Docket No. 3370, on which an order was heretofore entered
on November 17, 1936, the Broadcast Division adopted and pub¬
lished a statement of facts and grounds for decision.

The Broadcast Division granted the petition of the City of Dallas,
Texas, to intervene in the hearing on the application of A. L.
Chilton for construction permit, Docket No. 3277, and for post¬
ponement of the hearing, and directed that said hearing be post¬
poned to January 21, 1937.

The Broadcast Division granted the petitions of the Centennial
Broadcasting Corporation; KRLD Radio Corporation; Richard S.
Gozzaldi, doing business as Oak Cliff-Dallas County Broadcasting
Company, and Dallas Broadcasting Company to intervene in the
hearing on the application of A. L. Chilton for construction permit,
Docket No. 3277.

WHIO — Miami Valley Broadcasting Corp., Dayton, Ohio. — Granted
renewal of license for period ending April 1, 1937. Correct
description of antenna to agree with affidavit submitted
under date of Dec. 8, 1935.

WFBM — Indianapolis Power & Light Co., Indianapolis, Ind. —
Granted renewal of license for period ending April 1, 1937.
WBBZ — Estate of Chas. Lewis Carrell Adelaide Lillian Carrell,
Repr., Ponca City, Okla. — Granted renewal of license on a
temporary basis for period ending June 1, 1937, condi¬
tionally.

WTAL — Fla. Capitol Broadcasters, Inc., Tallahassee, Fla. — Granted
temporary extension of existing license for period of 1 month
from Jan. 1, 1937, subject to such action as may be taken
upon application for renewal pending before Commission.
KWTN — Greater Kampeska Radio Corp., Watertown, S. Dak. —
Application for renewal of license and C. P. to move station,
change frequency from 1210 to 1340 kc., increase power
from 100 watts to 500 watts daytime only (facilities of
KDGY), designated for hearing, to be heard with applica¬
tion for renewal of KDGY and C. P.; KWTN granted
temporary license pending hearing and hearing scheduled
for Jan. 6, 1937, continued.

APPLICATIONS RECEIVED

First Zone

WCOP — Massachusetts Broadcasting Corp., Boston, Mass. —
1120 Authority to transfer control of corporation from Joseph
M. Kirby (deceased) by Mary A. Kirby, Administratrix,
to Arde Bulova, 3000 shares common stock.

NEW — Howitt-Wood Radio Co., Inc., Binghamton, N. Y. — Con-
1240 struction permit for a new station to be operated on 1240
kc., 1 KW, unlimited time. To use directional antenna night.
WCBM — Baltimore Broadcasting Corp., Baltimore, Md. — License
1370 to cover construction permit (Bl-P-1247) for new trans¬
mitter and antenna and for move of transmitter.

WSAR — Doughty & Welch Electric Co., Inc., Fall River, Mass. — •
1450 License to cover construction permit (Bl-P-225) as modi¬
fied, for change in equipment and increase in power.

Second Zone

WPAY — Vee Bee Corporation, Portsmouth, Ohio. — Authority to
1370 install automatic frequency control.

WSMK, Incorporated, Dayton, Ohio. — Construction permit to
1380 install a new transmitter, increase power from 200 watts to
250 watts, 500 watts daytime, change hours of operation
from simultaneous daytime, specified hours night to un¬
limited time, move transmitter from Fractional Section No.
8. Twp. 1, Range 7, between Little & Great Miami Rivers
(near) Dayton, Ohio, to Town 2, Range 7, Mrs. of Mad-
river Twp., Montgomery County, Ohio, and install direc¬
tional antenna for night use.

Third Zone

KWKH — International Broadcasting Corp., Shreveport, La. —
850 License to cover special experimental authorization to op¬
erate on 1100 kc.. unlimited time, using 10 KW power with
directional antenna at night, at Mooringsport Road, near
Shreveport, La.

1856

WKY — WKY Radiophone Co., Oklahoma City, Okla. — License to
900 cover construction permit (B3-P-903) for new equipment
and increase in power.

NEW — World Publishing Co., Tulsa, Okla. — Construction permit
940 for a new station to be operated on 940 kc., 1 KW night,
S KW daytime, unlimited time. Amended to change trans¬
mitter site from Tulsa, Okla., to 4 )4 miles southeast of the
center of Tulsa, Olka.

WRBL — WRBL Radio Station, Inc., Columbus, Ga. — Modifica-
1200 tion of construction permit (B3-P-1396) for new trans¬
mitter and antenna, increase in power, and move of studio
and transmitter, requesting approval of transmitter site at
Talbotton Road, Columbus, Ga., and studio at 12th and
Broadway, Columbus, Ga., and approval of vertical antenna.
WIOD-WMBF — Isle of Dreams Broadcasting Corp., Miami, Fla. —
1300 Modification of license to change frequency from 1300 kc.
to 610 kc.

KFPL — C. C. Baxter, Dublin, Tex. — License to cover construction
1310 permit (B3-P-34S) as modified for new equipment, move of
transmitter, and increase in power.

WALA — Pape Broadcasting Corp., Inc., Mobile, Ala. — Authority to
1380 determine operating power by direct measurement of an¬
tenna.

KBST — The Big Spring Herald Broadcasting Co., Big Spring, Tex.
1500 — License to cover construction permit (B3-P-440) as modi¬
fied for a new station.

Fourth Zone

WCBS — WCBS, Inc., Springfield, Ill. — License to cover construc-
1420 tion permit (B4-P-1304) for changes in equipment and move
of transmitter.

KGNF — Great Plains Broadcasting Co. (a corp.), North Platte,
1430 Nebr. — Modification of license to change hours of operation
from daytime to specified hours (6 a. m. to 7 p. m., CST),
using 1 KW power.

NEW — Howard A. Miller, Galesburg, Ill. — Construction permit for
1500 a new station to be operated on 1500 kc., 100 watts, speci¬
fied hours. Amended to change hours of operation from
specified hours to daytime only.

Fifth Zone

NEW — Twin City Broadcasting Corp., Longview, Wash. — Con-
780 struction permit for a new station to be operated on 1500
kc., 100 watts night, 2S0 watts daytime, unlimited time.
Amended to change frequency from 1500 kc. to 780 kc.,
hours of operation from unlimited time to daytime, using
250 watts power.

KFPY — Symons Broadcasting Co., Spokane, Wash. — Modification
890 of license to change power from 1 KW, 5 KW daytime, to
5 KW day and night.

KOMO — Fisher’s Blend Station, Inc., Seattle, Wash. — License to
920 cover construction permit (B5-P-1346) for changes in equip¬
ment and move of auxiliary transmitter.

KJR — Fisher’s Blend Station, Inc., Seattle, Wash. — License to cover
970 construction permit (B5-P-1428) for changes in equipment
and move of auxiliary transmitter.

KSUN — Copper Electric Co., Inc., Lowell, Ariz. — Authority to
1200 transfer control of corporation from James S. Maffeo and
L. R. Jackson to Carleton W. Morris, 473)4 shares of com¬
mon stock.

KGGC — The Golden Gate Broadcasting Co. (Robert J. Craig),
1420 San Francisco, Calif. — License to cover construction permit
(B5-P-1283) for a new transmitter.

Puerto Rican Zone

WPRP — Julio M. Conesa, Ponce, P. R. — Modification of license
1420 to operate additional hours on Sunday from 3 p. m. to 6
p. m.

H. R. 30

IN THE HOUSE OF REPRESENTATIVES
January 5, 1937

Mr. Dickstein introduced the following bill; which was referred
to the Committee on Immigration and Naturalization and
ordered to be printed

A BILL

To protect the artistic and earning opportunities in the United
States for American actors, vocal musicians, operatic singers, solo
dancers, solo instrumentalists, and orchestral conductors, and for
other purposes.

"Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That, not¬
withstanding any other provision of the immigration lav/ to the
contrary, no alien actor, vocal musician, operatic singer, solo dancer,
solo instrumentalist, or orchestral conductor shall hereafter be
admitted to the United States, whether seeking entry for temporary
stay or for permanent residence, unless prior to issuance of visa
the Secretary of Labor has received an application for permission
to enter for professional engagements and such permission has been
granted to the alien, prior to his embarkation from foreign terri¬
tory, by the Secretary of Labor pursuant to provisions hereinafter
stated in this Act.

Sec. 2. The number of otherwise admissible alien actors, vocal
musicians, operatic singers, solo dancers, solo instrumentalists, and
orchestral conductors admissible to the United States under this
Act from any foreign country during any calendar year shall here¬
after be limited to the number of American actors, vocal musicians,
operatic singers, solo dancers, solo instrumentalists, and orchestral
conductors, of similar qualifications which the government of such
foreign country has, upon application, granted permission to enter
such foreign country for professional engagements during the same
calendar year.

Sec. 3. Notwithstanding the limitations as prescribed by section
2 herein, the Secretary of Labor may authorize the admission for
temporary stay for professional engagements during specified
periods of time of any alien actor, vocal musician, operatic singer,
solo dancer, solo instrumentalists, or orchestral conductor, subject
to the provisions of this Act, if otherwise found admissible as a
nonimmigrant under the immigration laws, upon application made
to and approved by the Secretary of Labor prior to the alien’s
departure from any foreign country upon a finding by the Secre¬
tary of Labor, after a full hearing and investigation, that an
artist, having qualifications similar to those of the alien seeking
admission under this section, cannot be found in the United States
among unemployed citizens or lawful permanent resident aliens.

Sec. 4. Notwithstanding the limitations as prescribed by section
2 herein, the Secretary of Labor may authorize the admission for
permanent residence for professional engagements or career of any
alien actor, vocal musician, operatic singer, solo dancer, solo in¬
strumentalists, or orchestral conductor, subject to provisions of
this Act, if otherwise found admissible as an immigrant under the
immigration laws, upon application to and approved by the Secre¬
tary of Labor after a full hearing and investigation prior to the
alien’s departure from any foreign country upon a finding by the
Secretary of Labor that the permanent admission of such alien
artist would not immediately displace, or prevent employment of,
a citizen or lawful permanent resident alien having similar pro¬
fessional qualifications to those possessed by the alien seeking ad¬
mission under this section.

Sec. 5. The question of availability in the United States of citi¬
zens or lawful permanent resident aliens who are actors, vocal
musicians, operatic singers, solo dancers, solo instrumentalists, or
orchestral conductors, and who are unemployed or subject to dis¬
placement by admission of alien artists under this Act, shall be
determined by the Secretary of Labor who is directed to seek the
cooperation and counsel of reputable American organizations and
associations of actors, vocal musicians, operatic singers, solo
dancers, solo instrumentalists, or orchestral conductors before mak¬
ing such determination.

Sec. 6. The Commissioner of Immigration and Naturalization,
with the approval of the Secretary of Labor, shall prescribe rules
and regulations for the enforcement of the provisions of this Act;
but all rules and regulations insofar as they relate to the adminis¬
tration of this Act by consular officers abroad shall be prescribed
by the Secretary of State, on the recommendation of the Secretary
of Labor. This Act and rules and regulations issued pursuant
thereto are in addition to and not in substitution for the existing
immigration laws and shall be enforced as part of such laws, rules,
and regulations.”

H. R. 13

IN THE HOUSE OF REPRESENTATIVES
January 5, 1937

Mr. Culkin introduced the following bill; which was referred to
the Committee on Interstate and Foreign Commerce and ordered
to be printed

A BILL

To prohibit the transportation in interstate commerce of adver¬
tisements of intoxicating liquors, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That it shall be

1857

unlawful for any distiller, brewer, vintner, manufacturer, whole¬
saler, or retailer or for the agent, broker, or factor of any of them,
engaged in the sale of intoxicating liquors to cause to be trans¬
ported in the mails or otherwise from any State or Territory or the
District of Columbia to any other State or Territory or the District
of Columbia any newspaper, periodical, news reel, photographic
film, or record for mechanical reproduction advertising intoxicating
liquor or containing the solicitation of an order for intoxicating
liquor.

Sec. 2. It shall be unlawful for any publisher or for the agent of
any publisher to cause to be transported in the mails or otherwise
from any State or Territory or the District of Columbia to any
other State or Territory or the District of Columbia any news¬
paper, periodical, news reel, photographic film, or record for me¬
chanical reproduction advertising intoxicating liquor or containing
the solicitation of an order for intoxicating liquor.

Sec. 3. It shall be unlawful for any common carrier or for any
private carrier for hire to transport from any State or Territory or
the District of Columbia to any other State or Territory or the
District of Columbia any newspaper, periodical, news reel, pho¬
tographic film, or record for mechanical reproduction advertising
intoxicating liquor or containing the solicitation of an order for
intoxicating liquor.

Sec. 4. It shall be unlawful to broadcast by means of any radio
station for which a license is required by any law of the United
States, or for any person operating any such station, to permit
the broadcasting of any advertisement of intoxicating liquor or the
solicitation of an order for intoxicating liquor.

Sec. S. No letter, postal card, circular, or pamphlet of any kind
containing any advertisement of intoxicating liquor or a solicitation
of an order for intoxicating liquor shall be deposited in or carried
by the mails of the United States, or be delivered by any postmaster
or letter carrier, when addressed or directed to any place in any
State or Territory of the United States, or the District of Columbia,
at which it is by the law in force in the State or Territory or the
District of Columbia at the time unlawful to advertise or solicit
orders for such liquor.

Sec. 6. When applied to any advertisement or solicitation of an
order, the term “intoxicating liquor”, as used in this Act, shall be
construed to include all intoxicating liquor as defined by the law
of the State or Territory or District of Columbia into which such
advertisement or solicitation of an order may be transported. The
Postmaster General is authorized and directed to make public from
time to time suitable bulletins or notices giving the names of the
States in which it is unlawful to advertise or solicit orders for in¬
toxicating liquor.

Sec. 7. Any person knowingly violating any of the provisions
of this Act shall be fined not more than $1,000 or imprisoned not
more than six months, or both; and for any subsequent offense
shall be imprisoned not more than one year.

STATEMENT ON FOOD AND DRUG BILL

By Senator Royal S. Copeland

This bill has been prepared with three basic principles in mind:
First, it must not weaken the existing laws; second, it must
strengthen and extend that law’s protection of the consumer; and,
third, it must impose on honest industrial enterprise no hardship
which is unnecessary or unjustified in the public interest.

This bill meets these three principles. It has been prepared after
many and extensive conferences with the enforcement agencies of
the Government and with representatives of various consumer
groups or associations, professional groups, and the industries to
be regulated.

Separate called meetings were held with representatives of the
food, drug, and cosmetic industries. Letters inviting suggestions
were sent to many people known to have an interest in the subject.
Several volumes of suggestions have been received from persons in
the groups just mentioned. These suggestions have been carefully
studied; many of them rejected; some accepted; some accepted in
part or in effect. The hearings which have been held by com¬
mittees of the Senate and House of Representatives on previous
bills in former sessions of the Congress have been reviewed and
studied to take advantage of the knowledge and discussions con¬
tained in them.

The legislative effort to secure a better law on this subject began
in June 1933, with the introduction of S. 1944. Since that time
there have been many bills and many revisions of bills. There
have been numerous hearings by committees of the Congress. The
subject has been debated on the floors of Congress, in the press,
throughout the industries, and by the public. This has gone on
over a period of 3 years. In the preparation of this bill there

has been an earnest, painstaking effort to take advantage of what
light has been shed from these various courses.

This bill is presented with the confident assurance that, insofar as
it is possible, these previous considerations have been utilized, and
that this bill is capable of accomplishing the purposes declared for
it. And it is a fair bill which will enable honest business to be
carried on without interference, except such as is necessary to safe¬
guard the public health.

It must be realized that the preparation of a bill which affects
so many and such varied industrial interests in intricate and tech¬
nical particulars, and which concerns and appeals to so many,
including consumers and others not immediately in the businesses
affected, necessarily presents a task of almost indescribable diffi¬
culty. It is only natural that many emphasize their immediate
concerns without proportionate regard to the rights of others in
the bill and which do not directly interest them. Many advance
their particular interests without consideration for the technical and
legal requirements that are presented in the preparation of a bill.

Conflict also develops in the clash of extreme positions. There
are some who would give no regard whatever to the fairness of the
bill’s application to business. Unfortunately, there are some who
give no regard, or very little, to the effectiveness of the bill for
protection of the consumer. It should be said with emphasis that
all business does not fall in that latter class. Business has not been
unsympathetic to the effort for a better law. Strong support for
a better law exists in the industries affected.

Considering the variety and diversity of interest, the unavoid¬
able controversies that honestly arise among these interests, a so-
called “perfect” bill hardly can be formulated. This bill is not a
thing of perfection. It simply represents an earnest effort to serve
its declared purposes. It is introduced in the hope that all who
desire to see its purposes accomplished and all who are friends of
the movement for a better law, will give it unbiased, impartial, and
careful consideration, and. after so doing, will see their way clear
to support and advocate its enactment.

It will be noted that the sequence has been changed from that of
previous bills. That has been done with a view to making it
simpler to read, both while it is a bill and later as a law, when it
will be constantly examined by enforcement officials, courts, and
lawyers. It was thought that it would be an advantage to have
the prohibited acts and the enforcement machinery put in the fore¬
part of the bill so that one may quickly learn those requirements,
and then move deeper into the bill for details on the particular
problem in which he is interested.

The bill has been made shorter and less verbose than previous
bills. That has been done without deleting any effective provisions.
It has been done by avoiding unnecessary repetitions which existed
in previous bills, and by consolidating at a single place in a few
lines what appeared heretofore at several different places.

That was also accomplished by eliminating some provisions
which, while lending nothing to the strength of the bill, presented
the possibility of confusion in enforcement and perhaps raised the
issue of its constitutionality. For instance, the requirement that
claims for drug products should be supported by medical opinion
was deleted. Great difficulty always has been found in defining
“medical opinion”. In one State, certain practitioners are licensed
and their opinions would be considered medical opinion, whereas
in another State such practitioners would not be licensed. Further¬
more, as shown, in the previous discussions, it would often be im¬
possible to determine what the state of medical opinion is on con¬
troverted subjects.

When those considerations were added to the possibility that the
guilty might escape through the uncertainties of such a provision,
and the strong likelihood that courts would invalidate a statute
making medical opinion the criterion of truth and the gage of a
criminal offense, the provision was deleted. The bill is stronger for
the deletion. Medical testimony can and will be adduced in enforc¬
ing the law. It will be received as evidence. But, the bill will
avoid the danger of making it a legal standard, usually undetermin¬
able, the violation of which incurs criminal penalties.

The bill also includes a provision that a drug shall be deemed
to be misbranded if it is dangerous to health when used in the
dosage, or with the frequency or duration, prescribed or recom¬
mended in the labeling or advertising thereof. That provision has
been in previous bills.

The controversial subject of control of advertising has been met
by providing for the prohibition of false advertising by injunction.
The bill also states differently the offense of false advertisement.
Previous bills have defined false advertisements as those which are
“false or misleading in any particular”. That definition has oc¬
casioned no end of controversy — some of it quite meritorious — on
the ground that when applied to the unlimited field of advertising

1858

it was too elastic and encompassed things far beyond the purposes
of the bill. Also, it would lend itself to unnecessary and unjustified
governmental interference in the affairs of business, and impose
upon the Government a job far beyond the Government’s financial
and personnel capacities to enforce. The statement of the offense
in the bill defines those subjects pertaining to food, drugs, and
cosmetics which should be under Government control.

There has been controversy as to whether the Food and Drug
Administration or the Federal Trade Commission should enforce
the bill’s provisions on advertising. On the premise that adver¬
tisements of foods, drugs, and cosmetics are nothing more than
extensions of the labeling, this bill proposes that the control be
vested in the Food and Drug Administration which enforces the
provisions on adulteration and labeling. But, it does not have
the effect of depriving the Federal Trade Commission of its juris¬
diction to proceed against false advertising in such form as to
make it an unfair method of competition. The bill specifically
provides that it shall not be construed as impairing or diminishing
the powers of the Federal Trade Commission.

The bill simply provides that the district courts of the United
States shall have the power to grant temporary and permanent in¬
junctions against the dissemination of any advertisement which
contains —

any statement, design, or device regarding a food, drug, device, or
cosmetic, or the ingredients thereof, or the subsistences therein, or
the nutritional, dietary, curative, therapeutic, or beneficial effects
thereof, or the dosage, frequency or duration of use pertaining
thereto, which is false or misleading in any particular.

It is submitted that that is a perfectly proper power to vest in
the district courts of the United States, and that it not only is
proper, but necessary, that the Food and Drug Administration which
has foods, drugs, and cosmetics under observation, shall be author¬
ized to seek such injunctions at the hands of the courts. No one
can dispute that such advertisements should be enjoined. The fact
that the Federal Trade Commission may proceed against adver¬
tisers using unfair methods of competition should not prevent the
grant to the Food and Drug Administration of this additional,
necessary, and very desirable power to protect the public against
advertisements which bear directly on public health.

The provisions of the previous bills with respect to seizure also
have been subject to much controversy. Again, it has been at¬
tempted to take advantage of what has been learned in previous
studies. This bill permits multiple seizures of any food, drug, de¬
vice, or cosmetic that is adulterated. It permits multiple seizures
for misbranding when the misbranding has been the basis of a
prior judgment in favor of the Government, or when the Secretary
of Agriculture has probable cause to believe, from facts found by
him, that the misbranding renders the article dangerous to health
or is in a material respect false, grossly misleading, or fraudulent.

The only limitation is that misbranding which does not render
an article dangerous to health, or is not in a material respect false,
grossly misleading, or fraudulent, shall not be handled by multiple
seizures made at the will of enforcement officers. That has been
the declared policy of the Food and Drug Administration in en¬
forcing the existing law. The bill therefore does no more than
write into the law what is declared to be the policy of the Admin¬
istration. But it is important that that policy be written into the
bill because it is the proper policy, and because succeeding admin¬
istrations should be held to that policy.

There is no comparison between this bill and the existing law as
to the extent of their respective applications and the extent of the
enforcement officers’ powers under them. Where the existing law is
entirely negative in its labeling requirements, this bill is affirmative.
Where the existing law limits its attacks against misbranding on
therapeutic matters to statements which are false and fraudulent,
this bill expands them to those which are false or misleading.

Technical, innocent violations of this bill will frequently arise.
Overzealous enforcement officers could cause honest business untold
damage and annoyance. The bill, therefore, limits the enforcement
officers in the drastic power of unlimited seizure to cases of adul¬
teration and those cases of misbranding where, in the public in¬
terest, the power should be exercised. In addition, this bill increases
the criminal penalties for adulteration and misbranding over those
in the existing law, and adds injunction, temporary and perma¬
nent, as a means of prohibiting adulteration and misbranding.
The existing law does not have such a provision.

The only other change of consequence in the seizure provision is
that when seizures have been made the trial may be held in a dis¬
trict of reasonable proximity to the claimant’s place of business,
and where there are multiple seizures they may be consolidated in
one action. Nothing is claimed for this provision except that it is
fair. Goods must be seized wherever found. But, there is no

reason why a claimant for the goods, who perhaps may reside across
the continent, should be compelled to cross the country to try the
case. There is no reason, if many seizures have been made, why
the trials should not be consolidated, so that one trial may de¬
termine the question at issue.

A summary of the principal respects in which this bill increases
the scope of the old law and affords the public greater protection
follows:

ADVERTISING

1. Prohibits false advertising of food, drugs, therapeutic devices,
and cosmetics.

FOODS

2. Provides for the promulgation of standards of identity and a
reasonable standard of quality for food. (A standard of quality
is authorized by the present law for canned food only.)

3. Requires the labeling of unstandardized food to disclose the
ingredients by name.

4. Prohibits traffic in food which is dangerous to health. (The
present law permits regulation of dangerous food only in the event
that the poison is added.)

5. Prohibits addition of poison. If it cannot be avoided in pro¬
duction or manufacture, when it reaches the consumer the product
must be safe for human use.

6. Eliminates the “distinctive name” proviso of the existing law
under which the sale of products, the labels of which are mislead¬
ing, are now permitted sale.

7. Requires fully informative labeling of infant and invalid food.

8. Requires label declaration of artificial colors and artificial
flavors in food.

9. Forbids traffic in confectionery containing metallic trinkets
and other inedible substances which have been found to be a
menace to the welfare of children.

10. Authorizes emergency license control of food that might be
dangerous by reason of contamination with micro-organisms. Such
licensing is limited to operations in which the public health cannot
be protected otherwise.

COSMETICS

11. For the first time places cosmetics under Federal supervision.
Requiring cosmetics to be truthfully sold and outlaws those in¬
jurious to health.

DRUGS

12. Prohibits traffic in drugs and devices which are dangerous
to health under the conditions of use prescribed in the labeling or
advertising.

13. Requires habit-forming drugs to bear warning labels.

14. Requires adequate directions for use of drugs and devices
and appropriate warnings against their probable misuse through
overdosage, or by children, or in disease conditions where they
may be dangerous.

15. Sets up special protection to consumers against drugs liable
to deterioration.

16. Requires that claims of effect of drugs and devices must not
be false or misleading in any particular. (The present law makes
fraud, that is, wilful intent to deceive, an element of the offense ;
unwarranted therapeutic claims resulting from sheer ignorance of
the manufacturer are not actionable.)

17. Defines “nonofficial” drugs as illegal if the standard of
strength varies from the standard claimed. (The present law
prescribes only those which fall below the standard claimed. Drugs
which are too strong may be quite dangerous.)

18. Requires that antiseptics possess germicidal power.

19. Requires declaration on the label of the names of active
ingredients of nonofficial drugs.

GENERAL

20. Prohibits the use of poisonous containers for food, drugs,
and cosmetics.

21. Requires that food, drugs, and cosmetics be prepared and
handled under conditions of reasonable cleanliness.

22. Forbids the use of uncertified and impure coal-tar colors in
food, drugs, and cosmetics.

23. Prohibits slack-filling and the use of deceptive containers for
foods and drugs.

24. Provides for factory inspection and the procurement of
records needed to prove Federal jurisdiction.

25. Provides increased penalties for violations.

26. Authorizes the Federal courts to enjoin violations.

1859

The text of the Bill (S. S) follows:

S. 5

IN THE SENATE OF THE UNITED STATES
January — , 1937

Mr. Copeland introduced the following bill ; which was read twice
and referred to the Committee on Commerce

A BILL

To prevent the adulteration, misbranding, and false advertisement
of food, drugs, devices, and cosmetics in interstate, foreign, and
other commerce subject to the jurisdiction of the United States,
for the purposes of safeguarding the public health, preventing
deceit upon the purchasing public, and for other purposes.

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

FEDERAL FOOD, DRUG, AND COSMETIC ACT
Chapter I — Title

Sec. 1.

Chapter II — Definition of Terms

Sec. 2.

Chapter III — Prohibited Acts and Penalties

Sec. 3. Prohibited acts.

Sec. 4. Injunction.

Sec. S. Criminal.

Sec. 6. Seizure.

Sec. 7. Notice and hearing.

Sec. 8. Settlement of minor violations.

Sec. 9. Duties of United States attorney.

Chapter IV — Food

Sec. 10. Definitions and standards of identity and quality for
foods.

Sec. 11. Adulterated food.

Sec. 12. Misbranded food.

Sec. 13. Emergency permit control.

Sec. 14. Exemptions.

Sec. IS. Tolerances for poisonous ingredients and certification of
coal-tar colors.

Chapter V — Drugs and Devices

Sec. 16. Adulterated drugs.

Sec. 17. Misbranded drugs and devices.

Sec. 18. Exemptions.

Sec. 19. Certification of coal-tar colors.

Chapter VI— Cosmetics

Sec. 20. Adulterated cosmetics.

Sec. 21. Misbranded cosmetics.

Sec. 22. Exemptions.

Sec. 23. Certification of coal-tar colors.

Chapter VII — Administrative Provisions

Sec. 24. Authority to promulgate regulations.

Sec. 25. Examinations and investigations.

Sec. 26. Records of interstate shipment.

Sec. 27. Factory inspection.

Sec. 28. Publicity.

Chapter VIII — Imports and Exports

Sec. 29.

Chapter IX — Court Review of Regulations And Administra¬
tive Actions

Sec.' 30.

Chapter X — Separability — Effective Date — Repeals

Sec. 31. Separability.

Sec. 32. Effective date and repeals.

CHAPTER I

Section 1. This Act may be cited as the Federal Food, Drug,
and Cosmetic Act.

CHAPTER II

DEFINITION OF TERMS

Sec. 2. As used in this Act, unless the context otherwise indi¬
cates —

(a) The term “Territory” includes the District of Columbia and
the possessions of the United States, and excludes the Canal Zone.

(b) The term “interstate commerce” means (1) commerce be¬
tween any State or Territory and any place outside thereof, and

(2) commerce or manufacture within any Territory.

(c) The term “Department” means the Department of Agri¬
culture of the United States.

(d) The term “Secretary” means the Secretary of Agriculture.

(e) The term “Administration” means the Food and Drug Ad¬
ministration of the Department.

(f) The term “person” includes individual, partnership, corpora¬
tion, and association unless otherwise hereinafter provided, the
act, omission, or failure of any director, officer, employee, or agent
acting for or employed by any person, within the scope of his em¬
ployment agency or office, shall in every case be deemed to be the
act, omission, or failure of such person, as well as that of the
director, officer, or agent who personally ordered or did any of the
acts constituting, in whole or in part, such violation.

(g) The term “food” includes all substances and preparations
used for, or entering into the composition of, food, drink, confec¬
tionery, chewing gum, or condiment for man or other animals.

(h) The term “drug”, for the purposes of this Act, includes (1)
all substances and preparations recognized in the official United
States Pharmacopoeia, official Homoeopathic Pharmacopoeia of the
United States, or official National Formulary, or any supplement
to any of them; and (2) all substances and preparations intended
for use in the diagnosis, cure, mitigation, treatment, or prevention
of disease in man or other animals; and (3) all substances and
preparations, other than food, intended to affect the structure or
any function of the body.

(i) The term “device”, for the purposes of this Act, includes
all devices intended (1) for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in man or other animals; and
(2) to affect the structure or any function of the body.

(j) The term “cosmetic” includes all substances and prepara¬
tions intended for cleansing, or altering the appearance of, or pro¬
moting the attractiveness of, the person, except that such term
shall not include soaps represented for cleansing purposes only.

(k) The term “antiseptic” when used in labeling and advertise¬
ments shall be deemed to have the same meaning as the word
“germicide”, except, however, in the case of a drug purporting to
be, or represented as, an antiseptic for inhibitory use as a wet
dressing, ointment, dusting powder, or such other use as involves
prolonged contact with the body.

(l) The term “official compendium” means the United States
Pharmacopoeia, Homoepathic Pharmacopoeia of the United States,
National Formulary, or any supplement to any of them, official at
the time any drug to which the provisions thereof relate is intro¬
duced into interstate commerce.

(m) The term “label” means the principal display or displays
of written, printed, or graphic matter (1) upon any food, drug,
device, or cosmetic, or the immediate container thereof, and (2)
upon the outside container or wrapper, if any there be, of the
retail package of any food, drug, device, or cosmetic.

(n) The term “labeling” includes all labels and all written,
printed, and graphic matter, in any form whatsoever, accompany¬
ing any food, drug, device, or cosmetic.

(o) The term “advertisement” means all representations of fact
or opinion disseminated in any manner or by any means, other
than by the labeling, for the purpose or inducing, directly or in¬
directly, the purchase of food, drugs, devices, or cosmetics.

CHAPTER III

PROHIBITED ACTS AND PENALTIES

Sec. 3. The following acts and the causing thereof are hereby
prohibited:

(1) The introduction or delivery for introduction into interstate
commerce of any food, drug, device, or cosmetic that is adulterated
or misbranded.

(2) The adulteration or misbranding of any food, drug, device,
or cosmetic in interstate commerce.

(3) The receipt in interstate commerce of any food, drug, device,
or cosmetic that is adulterated or misbranded, and the delivery
or proffered delivery thereof in the original unbroken package for
pay or otherwise.

(4) The dissemination, by United States mails, or in interstate

1860

commerce by radio broadcast or otherwise, or by any other means,
of any advertisement which represents any drug, or device to have
any therapeutic effect in the treatment of Bright’s disease, cancer,
tuberculosis, poliomyelitis (infantile paralysis), venereal diseases,
or heart or vascular diseases, unless such advertisement, not in vio¬
lation of subdivision 5 of this section, is disseminated only to mem¬
bers of the medical profession and/or appears only in the scientific
periodicals of that profession.

(5) (a) The dissemination, by United States mails, or in inter¬
state commerce by radio broadcast or otherwise, of any advertise¬
ment which contains any statement, design, or device regarding
any food, drug, device, or cosmetic, or the ingredients thereof, or
the substances therein, or the nutritional, dietary, curative, thera¬
peutic, preventive, or beneficial effects thereof or the dosage,
frequency, or duration of use pertaining thereto, which is false or
misleading in any particular.

(b) The dissemination by any means for the purpose of induc¬
ing, directly or indirectly, the purchase of any food, drug, device,
or cosmetic, in interstate commerce, of an advertisement which
contains any statement, design, or device regarding such food,
drug, device, or cosmetic, or the ingredients thereof, or the sub¬
stances therein, or the nutritional, dietary, curative, therapeutic,
preventive, or beneficial effects thereof, or the dosage, frequency,
or duration of use pertaining thereto, which is false or misleading
in any particular.

(6) The introduction into interstate commerce of any food in
violation of section 13.

(7) The refusal to permit access to or copying of any record
as required by section 26.

(8) The refusal to permit entry or inspection as authorized by
section 27.

(9) Forging, counterfeiting, simulating, or falsely representing,
or without proper authority using, any mark, stamp, tag, label,
or other identification device authorized or required by regulations
promulgated under the provisions of section 13.

(10) The using by any person to his own advantage, or reveal¬
ing, other than to the Secretary or officers or employees of the
Department, or to the courts when relevant in any judicial pro¬
ceeding under this Act, any information acquired under authority
of section 13 or 27 concerning any method or process which as a
trade secret is entitled to protection.

INJUNCTION

Sec. 4. (a) The district courts of the United States are hereby
given jurisdiction to prevent or restrain by injunction, temporary
or permanent, any violation of any of the provisions of subdi¬
visions 1 to 10, inclusive, of section 3. In such injunction pro¬
ceedings, discontinuance of the violation shall not be grounds for
denial of injunction.

(b) Any injunction granted pursuant to this section may be
served on the person, or persons, against whom such injunction is
granted anywhere in the United States, or in the Territories
thereof, where he, or they, may be found, and shall be operative,
and may be enforced by proceedings to punish for contempt, or
otherwise, by the court by which such injunction was granted, or
by any other district court, or judge thereof, in the United States,
or in the Territories thereof. The said courts, or judges thereof,
shall have jurisdiction to enforce said injunction, as herein pro¬
vided, as fully as if the injunction had been granted by the district
court in which it is sought to be enforced. The clerk of the
court or judge granting the injunction shall, when required to do
so by the court before which application to enforce said injunc¬
tion is made, transfer without delay to said court a certified copy
of all the papers on which the said injunction was granted that
are on file in his office. Such proceedings to punish for contempt,
or otherwise, may be instituted by order of the court or by the
filing of an information by the United States attorney; and
process of the court for the arrest of the violator of any injunc¬
tion, or order, granted hereunder, may be served at any place in
the United States, or in the Territories thereof.”

(c) No person shall be deemed to have violated an injunction,
issued pursuant to this section, by reason of the dissemination,
subsequent to such injunction, of an advertisement which was the
basis of the injunction, if such dissemination was beyond the
control of such person.

CRIMINAL

Sec. S. (a) Any person who violates any of the provisions of
subdivisions (1), (2), (3), (4), (6), (7), or (8) of section 3 shall
be guilty of a misdemeanor and shall on conviction thereof be
subject to imprisonment for not more than one year or a fine
of not more than $1,000, or both such imprisonment and fine;

and for a second or subsequent offense imprisonment for not
more than two years, or a fine of not more than $5,000, or both
such imprisonment and fine.

(b) Notwithstanding the provision of paragraph (a) of this
section, in case of a willful violation of any of the provisions of
subdivisions (1), (2), (3), (4), (6), (7), or (8) of section 3 the
penalty shall be imprisonment for not more than three years or a
fine of not more than $10,000, or both such imprisonment and
fine.

(c) Any person who violates any of the provisions of sub¬
divisions (9) or (10) of section 3 shall be guilty of a misdemeanor
and shall on conviction thereof be subject to imprisonment for
not more than one year or a fine of not more than $5,000, or
both such imprisonment and fine.

(d) No dealer shall be subject to the penalties of paragraph (a)
of this section for having received in interstate commerce any
article of food, drug, device, or cosmetic and delivered it or pro-
offered delivery of it as received, if such delivery or proffer was
made in good faith, unless he refuses to furnish on request of an
officer or employee duly designated by the Secretary the name
and address of the person from whom he purchased or received
such article and copies of all documents, if any there be, pertain¬
ing to the delivery of the article to him, or if he establishes a
guaranty or undertaking signed by the person residing in the
United States from whom he received in good faith the article
of food, drug, device, or cosmetic, as the case may be, to the effect
that such article is not adulterated or misbranded, within the
meaning of this Act, designating this Act. To afford protection,
such guaranty or undertaking shall contain the name and address
of the person furnishing such guaranty or undertaking, and such
person shall be amenable to the prosecution and penalties which
would attach in due course to the dealer under the provisions of
this Act.

SEIZURE

Sec. 6. (a) Any article of food, drug, device, or cosmetic that
is adulterated or misbranded when introduced into or while in
interstate commerce, or which may not, under the provisions of
section 13, be introduced into interstate commerce, shall be liable
to be proceeded against while in interstate commerce, or at any
time thereafter, on libel of information and condemned in any
district court of the United States within the jurisdiction of which
the article is found: Provided, however, That no libel for con¬
demnation shall be instituted under this Act, for any alleged mis¬
branding if there is pending in any court a libel for condemnation
proceeding under this Act based upon the same alleged misbrand¬
ing, and not more than one such proceeding shall be instituted
if no such proceeding is so pending, except that such limitations
shall not apply (1) when such misbranding has been the basis of
a prior judgment in favor of the United States, in a criminal in¬
junction or libel for condemnation proceeding under this Act, or
(2) when the Secretary has probable cause to believe from facts
found by him that such misbranding of the article renders it
dangerous to health or is, in a material respect, false, grossly mis¬
leading, or fraudulent; and in any case where the number of libel
for condemnation proceedings is limited as above provided the
proceeding pending or instituted shall, on application of the
claimant, seasonably made, be removed for trial to any district
of reasonable proximity to the district of the claimant’s principal
place of business which may be agreed upon by stipulation between
the parties to the proceeding.

(b) The article shall be liable to seizure by process pursuant to
the libel, and the procedure in cases under this section shall con¬
form, as nearly as may be, to the procedure in admiralty; except
that either party may demand trial by jury of any issue of fact
joined in any such case. In cases of articles of food, drugs, de¬
vices, or cosmetics seized under the provisions of this section when
the same issues of adulteration or misbranding under the pro¬
visions of this Act, raised by the same claimant, are pending in
various jurisdictions, the United States district court for any dis¬
trict where one of such seizures is pending, or for any district of
reasonable proximity to the district of the claimant’s principal
place of business, which may be agreed upon by stipulation be¬
tween the parties to the proceeding, is hereby vested with juris¬
diction to consolidate and try such cases; and on application of
the claimant, seasonably made, such cases may be tried in any
such jurisdiction.

(c) The court at any time after seizure up to a reasonable
time before trial shall by order allow any party to a condemna¬
tion proceeding, his attorney or agent, to obtain a representative
sample of the article seized.

(d) Any food, drug, device, or cosmetic condemned under this
section shall, after entry of the decree, be disposed of by destruc-

1861

tion or sale as the court may, in accordance with the provisions
of this section, direct; and the proceeds thereof, if sold, less the
legal costs and charges, shall be paid into the Treasury of the
United States; but such article shall not be sold under such decree
contrary to the provisions of this Act or the laws of the jurisdiction
in which sold: Provided, That after entry of the decree and upon
the payment of the costs of such proceedings and the execution of
a good and sufficient bond conditioned that such article shall not
be sold or disposed of contrary to the provisions of this Act or the
laws of any State or Territory in which sold, the court may by
order direct that such article be delivered to the owner thereof to
be destroyed or brought into compliance with the provisions of
this Act under the supervision of an officer or employee duly
designated by the Secretary, and the expenses of such supervision
shall be paid by the party obtaining release of the article under
bond. Any article condemned by reason of its being an article
which may not, under section 13, be introduced into interstate
commerce, shall be disposed of by destruction.

(e) When a decree of condemnation is entered against the article,
court costs and fees, and storage and other proper expenses, shall
be awarded against the person, if any, intervening as claimant of
the article.

NOTICE AND HEARING

Sec. 7. Before reporting any violation of this Act to any United
States attorney for institution of criminal proceedings, the Secre¬
tary shall, in accordance with regulations prescribed by him, afford
appropriate notice and opportunity for hearing to the person
against whom the proceedings are contemplated. If after such
hearing the Secretary decides to make such report, then the report
shall be accompanied by findings of the appropriate officers and
employees, duly authenticated under their oaths.

SETTLEMENT OF MINOR VIOLATIONS

Sec. 8. Nothing in this Act shall be construed as requiring the
Secretary to report for prosecution, or for the institution of libel
or injunction proceedings, minor violations of this Act whenever
he believes that the purposes of the Act can be accomplished by a
suitable written notice or warning.

duties of united states attorney

Sec. 9. It shall be the duty of each United States attorney to
whom the Secretary, consistently with the provisions of sections
6 and 7, reports any violation for institution of criminal, libel of
information for condemnation, or other proceedings under this
Act, or to whom any health, food, or drug officer of any State
or Territory, or political subdivision thereof, presents evidence
satisfactory to the United States attorney of any such violation
and that appropriate notice and opportunity for hearing has been
afforded to the person against whom the proceedings are contem¬
plated, to cause appropriate proceedings to be instituted in the
proper courts of the United States without delay. All suits in¬
stituted under this Act, except those arising under section 30 and
under subdivision (10) of section 3, shall be by and in the name
of the United States. Notwithstanding the provisions of section
876 of the Revised Statutes, subpenas for witnesses who are re¬
quired to attend a court of the United States, in any district, may
run into any other district in any proceeding under this Act.

CHAPTER IV
Food

DEFINITIONS AND STANDARDS FOR FOOD

Sec. 10. For the effectuation of the purposes of this Act the Sec¬
retary is hereby authorized to promulgate regulations fixing and
establishing for any food a definition and standard of identity, and
a reasonable standard of quality and fill of container: Provided,
That no standard of quality shall be established for fresh fruits or
fresh vegetables and no standard of identity for fresh fruits (ex¬
cept fresh citrus fruits) or fresh vegetables.

ADULTERATED FOOD

Sec. 11. A food shall be deemed to be adulterated —

(a) (1) If it bears or contains any poisonous or deleterious sub¬
stance which may render it dangerous to health; or (2) if it bears
or contains any added poisonous or added deleterious substance
which may render it injurious to health, or which is unsafe within
the meaning of section IS, or in excess of the limits of tolerance
prescribed by regulations as provided by section IS; or (3) if it
consists in whole or in part of any filthy, putrid, or decomposed
substance, or if it is otherwise unfit for food; or (4) if it has been

prepared, packed, or held under insanitary conditions whereby
it may have become contaminated with filth, or whereby it may
have been rendered injurious to health; or (5) if it is, in whole
or in part, the product of a diseased animal or of an animal which
has died otherwise than by slaughter; or (6) if its container is
composed, in whole or in part, of any poisonous or deleterious sub¬
stance which may render the contents injurious to health.

(b) (1) If any valuable constituent has been in whole or in
part abstracted therefrom; or (2) if any substance has been sub¬
stituted wholly or in part therefor; or (3) if damage or inferiority
has been concealed in any manner; or (4) if any substance has
been added thereto or mixed or packed therewith so as to increase
its bulk or weight, or reduce its quality or strength, to make it
appear better or of greater value than it is.

(c) If it contains a coal-tar color other than one from a batch
that has been certified in accordance with regulations as provided
by section 15.

(d) If it is confectionery it shall also be deemed to be adul¬
terated if it bears or contains any alcohol, resinous glaze, or non¬
nutritive substance except harmless coloring, harmless flavoring,
natural gum, and pectin: Provided, That this paragraph shall not
apply to any confectionery by reason of its containing less than
one-half of 1 per centum by volume of alcohol derived solely from
the use of flavoring extracts, or to any chewing gum by reason
of its containing harmless nonnutritive masticatory substances.

MISBRANDED FOOD

Sec. 12. A food shall be deemed to be misbranded —

(a) If its labeling is false or misleading in any particular.

(b) If it is offered for sale under the name of another food.

(c) If it is an imitation of another food, and its label fails to
bear, in type of uniform size and prominence, the word “imita¬
tion” and, immediately thereafter, the name of the food imitated.

(d) If its container is so made, formed, or filled as to mislead
the purchaser.

(e) If in package form unless it bears a label containing (1) the
name and place of business of the manufacturer, packer, seller, or
distributor; and (2) an accurate statement of the quantity of the
contents in terms of weight, measure, or numerical count: Pro¬
vided, That under subdivision (2) of this paragraph reasonable
variations shall be permitted, and exemptions as to small packages
shall be established, by regulations prescribed by the Secretary.

(f) If any word, statement, or other information required on the
label under any provision of this Act is not prominently placed
thereon in such a manner as to be easily seen and in such terms
as to be readily understood by purchasers and users of such articles
under customary conditions of purchase and use, due considera¬
tion being given to the size of the package.

(g) If it purports to be or is represented as a food for which
a definition and standard of identity has been prescribed by regu¬
lations as provided by section 10, and (1) it fails to conform to
such definition and standard, or (2) its label fails to bear the
name of the food prescribed in the definition and standard, or if
so required by such regulations when such definition and standard
permits optional ingredients other than spices, flavors, and color¬
ing, the common names of such optional ingredients as are present
in such food.

(h) If it purports to be or is represented as a food for which
a standard of quality or fill of container has been prescribed by
regulations as provided by section 10, and its quality or fill falls
below such standard of quality or fill of container and its label
fails to bear a statement, in such manner as the regulations specify,
showing that it falls below such standard of quality or fill of con¬
tainer.

(i) If it is not subject to the provisions of paragraph (g) of
this section and its label fails to bear (1) the common or usual
name of the food, if any there be, or (2) in case it is fabricated
from two or more ingredients, the common or usual name of each
such ingredient; except that spices, flavors, and colorings, other
than those sold as such, may be designated as spices, flavors, and
colorings without naming each: And provided, That, to the extent
that compliance with the requirements of subdivision (2) of this
paragraph is impracticable, exemptions shall be established by
regulations promulgated by the Secretary.

(j) If it purports to be or is represented for special dietary uses,
such as by infants or invalids or for other special nutritional re¬
quirements, and its label fails to bear, if so required by such regu¬
lations as may be prescribed by the Secretary, statements concern¬
ing its vitamin, mineral, and other dietary properties which fully
inform the purchaser as to its nutritional value.

(k) If it bears or contains any artificial flavor, artificial color,
or chemical preservative, which is not prohibited by section 11

1862

and it fails to bear a label stating that fact: Provided, That to the
extent that compliance with the requirements of this paragraph
is impracticable, exemptions shall be established by regulations
promulgated by the Secretary.

EMERGENCY PERMIT CONTROL

Sec. 13. (a) Whenever the Secretary finds after investigation
that the distribution in interstate commerce of any class of food
may, by reason of contamination with micro-organisms during the
manufacture, processing, or packing thereof in any locality, be
injurious to health, and that such injurious nature cannot be ade¬
quately determined after such articles have entered interstate com¬
merce, he is then, and in such case only, authorized to promulgate
regulations providing for the issuance, to manufacturers, proces¬
sors, or packers of such class of food in such locality, of permits
to which shall be attached such conditions governing the manufac¬
ture, processing, or packing of such class of food, for such tem¬
porary period of time, as may be necessary to protect the public
health, and after the effective date of such regulations, and during
such temporary period, no person shall introduce into interstate
commerce any such food manufactured, processed, or packed by
any such manufacturer, processor, or packer unless such manufac¬
turer, processor, or packer holds a permit issued by the Secretary
as provided by such regulations.

(b) The Secretary is authorized to suspend immediately upon
notice any permit issued under authority of this section if it is
found that any of the conditions of the permit have been violated.
The holder of a permit so suspended shall be privileged at any
time to apply for the reinstatement of such permit, and the
Secretary shall immediately after prompt hearing and in inspec¬
tion of the establishment, reinstate such permit if it is found
that adequate measures have been taken to comply with and
maintain the conditions of the permit, as originally issued or as
amended.

(c) Any officer or employee duly designated by the Secretary
shall have access to any factory or establishment, the operator of
which holds a permit from the Secretary, for the purpose of
ascertaining whether or not the conditions of the permit are being
complied with, and denial of access for such inspection shall be
ground for suspension of the permit until such access is freely
given by the operator.

EXEMPTIONS

Sec. 14. The Secretary is hereby directed to promulgate regula¬
tions exempting from any labeling requirement of this Act (1)
small open containers of fresh fruits and fresh vegetables and
(2) food which is, in accordance with the practice of the trade,
to be processed, labeled, or repacked in substantial quantities at
establishments other than those where originally processed or
packed, on condition that such food is not adulterated or mis¬
branded under the provisions of this Act upon removal from such
processing, labeling, or repacking establishment.

TOLERANCES FOR POISONOUS INGREDIENTS IN FOOD AND CERTIFICATION
OF COAL-TAR COLORS FOR FOOD

Sec. 13. (a) Any poisonous, contaminating, or deleterious sub¬
stance added to any food, except where such substance is required
in the production thereof or cannot be avoided by good manu¬
facturing practice shall be deemed to be unsafe for purposes of
the application of section 11 (a) ; but when such substance is so
required or cannot be so avoided, the Secretary is authorized to
promulgate regulations limiting the quantity therein or thereon
to such extent as he finds necessary for the protection of public
health. In determining the quality of such added substance to be
tolerated in or on different articles of food the Secretary shall
take into account the extent to which the use of such substance is
required or cannot be avoided in the production of each such
article, and the other ways in which the consumer may be affected
by the same or other poisonous or deleterious substances.

(b) The Secretary is hereby authorized to promulgate regula¬
tions for the certification of coal-tar colors which are harmless
and suitable for use in food.

CHAPTER V
Drugs and Devices

ADULTERATED DRUGS

Sec. 16. A drug shall be deemed to be adulterated —

(a) (1) If it consists in whole or in part of any filthy, putrid,
or decomposed substance; or (2) if it has been prepared, packed,

or held under insanitary conditions whereby it may have been
contaminated with filth, or whereby it may have been rendered
injurious to health; or (3) if its container is composed, in whole
or in part, of any poisonous or deleterious substance which may
render it injurious to health; or (4) if it contains, for purposes
of coloring only, a coal-tar color other than one from a batch
that has been certified in accordance with regulations as provided
by section 19.

(b) If its name is recognized in an official compendium, or if
it purports to be a drug the name of which is so recognized, and
it differs from the standard of strength, quality, or purity as
determined by the tests or methods of assay set forth therein;
except that whenever tests or methods of assay have not been
prescribed therein, or such tests or methods of assay as are pre¬
scribed are insufficient, for determining whether or not such drug
complies with such standard, the Secretary is hereby authorized to
bring such fact to the attention of the appropriate body charged
with the revision of such compendium and if such body fails
within a reasonable time to prescribe tests or methods of assay
which are sufficient, then the Secretary may by regulations pre¬
scribe for the purposes of this Act such tests or methods of assay.
No drug defined in an official compendium shall be deemed to be
adulterated under this paragraph because it differs from the
standard of strength, quality, or purity therefor set forth in an
official compendium, if its standard of strength, quality, or purity
be plainly stated on its label. Whenever a drug is recognized in
both the United States Pharmacopoeia and the Homoeopathic
Pharmacopoeia of the United States it shall be subject to the re¬
quirements of the United States Pharmacopoeia unless it is labeled
and offered for sale as a homoeopathic drug, in which case it shall
be subject to the provisions of the Homoeopathic Pharmacopoeia
of the United States and not to those of the United States Phar¬
macopoeia.

(c) If it is not subject to the provisions of paragraph (b) of
this section and its identity or strength differs from, or its purity
or quality falls below, that which it purports or is represented to
possess.

MISBRANDED DRUGS AND DEVICES

Sec. 17. A drug or device shall be deemed to be misbranded —

(a) If its labeling is false or misleading in any particular.

(b) If it is dangerous to health when used in the dosage, or
with the frequency or duration, prescribed or recommended in the
labeling or advertisement thereof.

(c) If in package form unless it bears a label containing (1) the
name and place of business of the manufacturer, packer, seller,
or distributor; and (2) an accurate statement of the quantity of
the contents in terms of weight, measure, or numerical count:
Provided, That under subdivision (2) of this paragraph reasonable
variations shall be permitted, and exemptions as to small packages
shall be established, by regulations prescribed by the Secretary.

(d) If any word, statement, or other information required on
the label under any provision of this Act is not prominently placed
thereon in such a manner as to be easily seen and in such terms
as to be readily understood by purchasers and users of such articles
under customary conditions of purchase and use, due considera¬
tion being given to the size of the package.

(e) If it is for use by man and contains any quantity of Alpha
eucaine, barbituric acid, beta eucaine, bromal, cannabis, carbromal,
chloral, cocoa, cocaine, codeine, heroin, marihuana, morphine,
opium, paraldehyde, peyote, sulphonmethane, or any substance
chemically derived therefrom or any other narcotic or hypnotic
substance, which derivative or other narcotic or hypnotic sub¬
stance has been designated as habit forming by regulations pre¬
scribed by the Secretary, and, except when dispensed on the
written order of a member of the medical profession, its label
fails to bear the name and quantity or proportion of such sub¬
stance or derivative and in juxtaposition therewith the statement
“Warning — May be habit forming.”

(f) If it is a drug and is not designated by a name recognized
in an official compendium and its label fails to bear (1) a common
or usual name of the drug, if such there be; or (2), in case it is
fabricated from two or more ingredients, the name of each active
ingredient, including the quantity, kind, and proportion of any
alcohol; and also including, whether active or not, the name and
quantity or proportion of any ether, chloroform, acetanilid, acet-
phenetidin, amidopyrine, antipyrine, atropine, hyoscine, hyoscya-
mine, arsenic, digitalis, glucosides, mercury, ouabain, strophanthin,
strychnine, thyroid, or any derivative or preparation of any such
substances, contained therein: Provided, That to the extent that
compliance with the requirements of subdivision (2) of this para-

1863

graph is impracticable, exemptions shall be established by regula¬
tions promulgated by the Secretary.

(g) If its labeling fails to bear plainly and conspicuously (1)
adequate directions for use, or (2) adequate warnings against use
in those pathological conditions or by children where its use may
be dangerous to health, or against unsafe dosage or methods or
duration of administration or application: Provided, That where
any requirement of subdivision (1) of this paragraph, as applied
to any drug or device, is not necessary for the protection of the
public health, the Secretary shall promulgate regulations exempting
such drug or device from such requirement.

(h) If its name is recognized in an official compendium, or if it
purports to be a drug the name of which is so recognized, and it
is not packaged and labeled as prescribed therein. Whenever a
drug is recognized in both the United States Pharmacopoeia and
the Homoepathic Pharmacopoeia of the United States, it shall be
subject to the requirements of the United States Pharmacopoeia
with respect to packaging and labeling unless it is labeled and
offered for sale as a homopathic drug, in which case it shall be
subject to the provisions of the Homoepathic Pharmacopoeia of the
United States, and not to those of the United States Pharma¬
copoeia.

(i) If it has been designated by regulations prescribed by the
Secretray as a drug liable to deterioration, and is not packaged in
such form and manner, or its label fails to bear a statement of such
precautions, as such regulations require for the protection of public
health. No such regulation shall be established for any drug
recognized in an official compendium until the Secretary shall have
informed the appropriate body charged with the revision of such
compendium of the need for such packaging or labeling require¬
ments and such body shall have failed within a reasonable time to
prescribe such requirements.

(j) (1) If its container is so made, formed, or filled as to mis¬
lead the purchaser; or (2) if it is an imitation of another drug;
or (3) if it is offered for sale under the name of another drug.

EXEMPTIONS

Sec. 18. The Secretary is hereby directed to promulgate regula¬
tions exempting from any labeling or packaging requirement of
this Act drugs and devices which are, in accordance with the
practice of the trade, to be processed, labeled, or repacked in sub¬
stantial quantities at establishments other than those where origi¬
nally processed or packed, on condition that such drugs and de¬
vices are not adulterated or misbranded under the provisions of
this Act upon removal from such processing, labeling, or repacking
establishment.

CERTIFICATION OF COAL-TAR COLORS FOR DRUGS

Sec. 19. The Secretary is hereby authorized to promulgate regu¬
lations for the certification of coal-tar colors which are harmless
and suitable for use in drugs for purposes of coloring only.

CHAPTER VI
Cosmetics

ADULTERATED COSMETICS

Sec. 20. A cosmetic shall be deemed to be adulterated —

(a) If it bears or contains any poisonous or deleterious substance
which may render it injurious to users under the condidtions of
use prescribed in the labeling thereof, or under such conditions of
use as are customary or usual, provided that this provision shall
not apply to coal-tar hair dyes, the label of which bears the
following legend conspicuously displayed thereon: “Caution — This
product contains ingredients which may cause skin irritation on
certain individuals and a preliminary test according to accompany¬
ing directions should first be made. This product must not be
used for dyeing the eyelashes or eyebrows.”

(b) If it consists in whole or in part of any filthy, putrid, or
decomposed substance.

(c) If it has been prepared, packed, or held under insanitary
conditions whereby it may have become contaminated with filth,
or whereby it may have been rendered injurious to health.

(d) If its container is composed, in whole or in part, of any
poisonous or deleterious substance which renders or will render it
injurious to health.

(e) If it contains a coal-tar color other than one from a batch
that has been certified in accordance with regulations as provided
by section 23.

MISBRANDED COSMETICS

Sec. 21. A cosmetic shall be deemed to be misbranded —

(a) If its labeling is false or misleading in any particular.

(b) If in package form unless it bears a label containing (1) the
name and place of business of the manufacturer, packer, seller, or
distributor; and (2) an accurate statement of the quantity of the
contents in terms of weight, measure, or numerical count: Pro¬
vided, That under subdivision (2) of this paragraph reasonable
variations shall be permitted, and exemptions as to small packages
shall be established, by regulations prescribed by the Secretary.

(c) If any word, statement, or other information required on
the label under any provision of this Act is not prominently placed
thereon in such a manner as to be easily seen and in such terms as
to be readily understood by the purchasers and users of such
articles under customary conditions of purchase and use, due con¬
sideration being given to the size of the package.

EXEMPTIONS

Sec. 22. The Secretary is hereby directed to promulgate regula¬
tions exempting from any labeling requirement of this Act cos¬
metics which are, in accordance with the practice of the trade, to
be processed, labeled, or repacked in substantial quantities at
establishments other than those where originally processed or
packed, on condition that such cosmetics are not adulterated or
misbranded under the provisions of this Act upon removal from
such processing, labeling, or repacking establishment.

CERTIFICATION OF COAL-TAR COLORS FOR COSMETICS

Sec. 23. The Secretary is hereby authorized to promulgate regu¬
lations for the certification of coal-tar colors which are harmless
and suitable for use in cosmetics, and for coal-tar colors used in
hair dyes as provided in section 20, paragraph (a) .

CHAPTER VII

Administrative Provisions

AUTHORITY TO PROMULGATE REGULATIONS

Sec. 24. (a) The authority to promulgate regulations for the
efficient enforcement of this Act, except as otherwise provided in
this section, is hereby vested in the Secretary.

(b) The Secretary of the Treasury and the Secretary of Agri¬
culture shall jointly prescribe regulations for the efficient enforce¬
ment of the provisions of section 29, except as otherwise provided
therein. Such regulations shall be promulgated in such manner
and take effect at such time, after due notice, as the Secretary
of Agriculture shall determine.

(c) Hearings authorized or required by this Act, shall be con¬
ducted by the Secretary or such officer or employee as he may
designate for the purpose.

(d) The definitions and standards of identity promulgated by
or in accordance with the provisions of this Act shall be effective
for the purposes of the enforcement of this Act, notwithstanding
such definitions and standards as may be contained in other laws
of the United States and regulations promulgated thereunder.

(e) Whenever the Secretary deems that there should be estab¬
lished any regulation contemplated by section 11, paragraph (a) or
(c) ; section 12, paragraph (g), (h), or (j) ; section 10; section IS,
paragraph (a) or (b) ; section 13, paragraph (a) ; section 16,
paragraph (a) or (b) ; section 17, paragraph (e) or (i) ; section
19; section 20, paragraph (e) ; or section 23, he shall give appro¬
priate notice of the proposal and of the time and place for a public
hearing to be held thereon not less than thirty days after the date
of such notice. After such hearing the Secretary is authorized to
formulate and promulgate such regulation as he shall find to be
necessary to effectuate the purposes of such provision. The regula¬
tion so promulgated shall become effective on a date fixed by the
Secretary, which date shall not be prior to ninety days after its
promulgation, and may be amended or repealed in the same manner
as is provided for its adoption ; except that public hearing on regu¬
lations under section 13 (a) may be held within a reasonable time
after notice thereof, and the Secretary may fix the effective date
of such regulations at any reasonable time after promulgation
thereof.

examinations and investigations

Sec. 25. (a) The Secretary is authorized to conduct examinations
and investigations for the purposes of this Act through officers

1864

and employees of the Department or through any health, food, or
drug officer or employee of any State, Territory, or political sub¬
division thereof, duly commissioned by the Secretary as an officer
of the Department. In the case of food packed in a Territory, the
Secretary shall attempt to make inspection of such food at the
first point of entry within the territorial limits of the United States
when, in his opinion and with due regard to the enforcement of all
the provisions of this Act, the facilities at his disposal will permit
of such inspection.

(b) Where a sample of a food, drug, or cosmetic is collected
for analysis under this Act, the Secretary shall, upon request,
provide a part of such official sample for examination or analysis
by any person named on the label of the article; except that the
Secretary is authorized, by regulations, to make such reasonable
exceptions from, and impose such terms and conditions relating to,
the operation of this sentence as he deems necessary for the effec¬
tuation of the purposes of this Act.

(c) For purposes of enforcement of this Act, records kept by the
Treasury Department in accordance with laws, and regulations
thereunder, relating to alcoholic beverages and medicinal liquors,
shall be open to inspection by any official of the Department of
Agriculture duly authorized by the Secretary of Agriculture to
make such inspection.

(d) For the purpose of enforcement of this Act records kept by
the Post Office Department in accordance with laws and regulations
thereunder, relating to shipment by parcel post of foods, drugs,
devices, and cosmetics, shall be open to inspection by the official
of the Department of Agriculture duly authorized by the Secre¬
tary of Agriculture to make such inspection.

RECORDS 03? INTERSTATE SHIPMENT

Sec. 26. For the purpose of enforcing the provisions of this Act,
carriers engaged in interstate commerce, and persons receiving
food, drugs, devices, or cosmetics in interstate commerce, shall,
upon the request of an officer or employee duly designated by the
Secretary, permit such officer or employee, at reasonable times, to
have access to and to copy all records showing the movement in
interstate commerce of any food, drug, device, or cosmetic, and
the quantity, shipper, and consignee thereof ; and it shall be un¬
lawful for any such carrier or person to fail to permit such access
to and copying of any such record so requested when such request
is accompanied by a statement in writing specifying the nature or
kind of food, drug, device, or cosmetic to which such request
relates: Provided , That evidence obtained under this section shall
not be used in a criminal prosecution of the person from whom
obtained: Provided further, That carriers shall not be subject to
the other provisions of this Act by reason of their receipt, carriage,
or delivery of food, drugs, devices, cosmetics, or advertising matter
in the usual course of business as carriers.

FACTORY INSPECTION

Sec. 27. For purposes of enforcement of this Act, officers or em¬
ployees duly designated by the Secretary, after first making request
and obtaining permission of the owner, operator, or custodian
thereof, are authorized (1) to enter, at reasonable times, any fac¬
tory, warehouse, or establishment in which food, drugs, devices,
or cosmetics are manufactured, processed, packed, or held for ship¬
ment in interstate commerce or are held after such shipment, or to
enter any vehicle being used to transport such food, drugs, de¬
vices, or cosmetics in interstate commerce; and (2) to inspect, at
reasonable times, such factory, warehouse, establishment, or vehicle
and all pertinent equipment, finished and unfinished materials, con¬
tainers, labeling, or advertising matter therein.

PUBLICITY

Sec. 28. (a) The Secretary shall cause to be published from
time to time reports summarizing all judgments, decrees, and court
orders which have been rendered under this Act, including the
nature of the charge and the disposition thereof.

(b) The Secretary may also cause to be disseminated informa¬
tion regarding food, drugs, devices, or cosmetics in situations in¬
volving, in the opinion of the Secretary, imminent danger to health
or gross deception of the consumer. Nothing in this section shall
be construed to prohibit the Secretary from collecting, reporting,
and illustrating the results of the investigations of the Depart¬
ment.

CHAPTER VIII

IMPORTS AND EXPORTS

Sec. 29. (a) The Secretary of the Treasury shall deliver to the
Secretary of Agriculture, upon his request, samples of food, drugs,
devices, and cosmetics which are being imported or offered for
import into the United States, giving notice thereof to the owner
or consignee, who may appear before the Secretary of Agriculture
and have the right to introduce testimony. If it appears from
the examination of such samples or otherwise that (1) any false
advertisement of such article has been disseminated in the United
States by the importer or exporter thereof, or any person in privity
with him, within three months prior to the date such article is
offered for import, or (2) such article has been manufactured,
processed, or packed under insanitary conditions, or (3) such arti¬
cle is forbidden or restricted in sale in the country in which it was
produced or from which it was exported, or (4) such article is
adulterated or misbranded, then such article shall be refused ad¬
mission.

(b) The Secretary of the Treasury shall refuse delivery to the
consignee and shall cause the destruction of any such article re¬
fused admission, unless such article is exported by the consignee
within three months from the date of notice of such refusal, under
such regulations as the Secretary of the Treasury may prescribe:
Provided, That the Secretary of the Treasury may deliver to the
consignee any such article pending examination and decision in
the matter on execution of a bond as liquidated damages for the
amount of the full invoice value thereof together with the duty
thereon, and on refusing for any cause to return such article or any
part thereof to the custody of the Secretary of the Treasury when
demanded for the purpose of excluding it from the country or for
any other purpose, such consignee shall forfeit the full amount of
the bond as liquidated damages.

(c) All charges for storage, cartage, and labor on any article
which is refused admission or delivery shall be paid by the owner
or consignee and in default of such payment shall constitute a lien
against any future importations made by such owner or con¬
signee.

(d) A food, drug, device, or cosmetic intended for export shall
not be deemed to be adulterated or misbranded under this Act if
it (1) accords to the specifications of the foreign purchaser, (2)
complies with the laws of the country to which it is intended for
export, and (3) is labeled on the outside of the shipping package
to show it is intended for export. But if such article is sold or
offered for sale in domestic commerce, this paragraph shall not
exempt it from any of the provisions of this Act.

CHAPTER IX

COURT REVIEW OF REGULATIONS AND ADMINISTRATIVE ACTIONS

Sec. 30. The district courts of the United States are hereby
vested with jurisdiction, on petition by any interested person, (1)
to restrain by injunction, temporary or permanent, the enforce¬
ment by any officer, representative, or employee of the Depart¬
ment of any regulation promulgated in accordance with section 24
if it is found as a fact or conclusion of law by the judge of such
court that the regulation is unreasonable, arbitrary, or capricious,
or not in accordance with law, and that the petitioner may suffer
substantial damage by reason of its enforcement; and (2) to grant
appropriate injunctive relief from any act or omission of any
officer, representative, or employee of the Department in the ad¬
ministration of this Act, if it has been shown that such act or
omission is unreasonable, arbitrary, or capricious, or not in ac¬
cordance with law, and that the petitioner may suffer substantial
damage thereby: Provided, That nothing in this section shall be
deemed to abridge the right of any person against whom a criminal
prosecution or suit for injunction shall have been brought under
this Act, or who shall intervene as claimant in any proceeding of
libel for condemnation, to plead that the regulation, the violation
of which is alleged as the ground for such prosecution, suit, or
libel is invalid on any of the grounds set forth above.

CHAPTER X

SEPARABILITY CLAUSE

Sec. 31. If any provision of this Act is declared unconstitutional,
or the applicabiltiy thereof to any person or circumstances is held
invalid, the constitutionality of the remainder of the Act and the
applicability thereof to other persons and circumstances shall not
be affected thereby.

1865

EFFECTIVE DATE AND REPEALS

Sec. 32. (a) This Act shall take effect twelve months after the
date of its enactment. The Federal Food and Drugs Act of June
30, 1906, as amended (U. S. C., 1934 ed., title 21, secs. 1-15), shall
remain in force until such effective date, and, except as otherwise
provided in this paragraph, is hereby repealed effective upon such
date: Provided, That the provisions of section 24 shall become
effective on the enactment of this Act, and thereafter, the Secre¬
tary is authorized hereby to (1) conduct hearings and to promul¬
gate regulations which shall become effective on or after the effec¬
tive date of this Act as the Secretary shall direct, and (2) designate
prior to the effective date of this Act food having common or usual
names and exempt such food from the requirements of subdivision
(2) of paragraph (i) of section 12 for a reasonable time to permit
the formulation, promulgation, and effective application of defini¬
tions and standards of identity therefor as provided by section 10:
Provided further, That the Act of March 4, 1923 (U. S. C., 1934
ed., title 21, sec. 6; 42 Stat. 1500, ch. 268), defining butter and

providing a standard therefor, and the provisions of the Act of
July 24, 1919 (U. S. C., 1934 ed., title 21, sec. 10; 41 Stat. 271,
ch. 26), defining wrapped meats as in package form, shall remain
in force and effect and be applicable to the provisions of this Act:
And provided further, That amendment to the Food and Drugs
Act, section 10A, approved August 27, 1935 (U. S. C., 1934 ed.,
Supp. I, title 21, sec. 14a), shall remain in force and effect and be
applicable to the provisions of this Act.

(b) The provisions of this Act shall not be held to modify or
repeal any of the existing laws of the United States except as pro¬
vided by paragraph (a) of this section.

(c) Meats and meat food products shall be exempt from the
provisions of this Act to the extent of the application or the ex¬
tension thereto of the Meat Inspection Act, approved March 4,
1907, as amended (U. S. C., 1934 ed., title 21, secs. 71-91; 34
Stat. 1260 et seq.).

(d) Nothing in this Act shall impair, or be construed to impair
or diminish, the powers of the Federal Trade Commission under
existing law.

1866

The National Association of Broadcasters

NATIONAL PRESS BUILDING ***** WASHINGTON, D. C.

JAMES W. BALDWIN, Managing Director

NAB REPORTS * * .

Copyright, 1937. The National Association of Broadcasters

Vol. 5 - - No. 2
JAN. 14, 1937

IN THIS ISSUE

Page

Commission Gets Broadcast Engineering Report . 1867

Congressional Committees Named . 1867

Examiner Recommends for Former Senator Dill . 1867

Wheeler Asks Broadcast Information . 1867

FCC Appropriations . 1868

New Station Recommended for Miami Beach . 1868

Radio Under Commerce Department . 1868

Payne Speaks of Radio At Harvard . 1868

Broadcast Advertising in November . 1868

Federal Trade Commission Action . 1871

Federal Communications Commission Action . 1873

COMMISSION GETS BROADCAST ENGINEERING
REPORT

T. A. M. Craven, chief engineer of the Federal Communications
Commission, on Tuesday of this week submitted an engineering
report to the Broadcast Division of the Commission on the alloca¬
tion hearing held during last October.

The full text of the report will be found on page 1877.

CONGRESSIONAL COMMITTEES NAMED
Senate Committee on Interstate Commerce

Radio matters in the Senate are handled by the Committee on
Interstate Commerce. The new set-up of the Committee in this
session of Congress includes Senators Burton K. Wheeler, of Mon¬
tana (chairman) ; Ellison D. Smith of South Carolina ; Robert F.
Wagner of New York; Alben W. Barkley, of Kentucky; Matthew
N. Neely, of West Virginia; William H. Dieterich of Illinois;
Augustine Lonergan, of Connecticut; Fred H. Brown, of New
Hampshire; Homer T. Bone, of Washington; Vic Donahey, of
Ohio; Sherman Minton, of Indiana; A. Harry Moore, of New
Jersey; Harry S. Truman, of Missouri; Charles O. Andrews, of
Florida; Edwin C. Johnson, of Colorado; H. H. Schwartz, of
Wyoming; Wallace H. White, Jr., of Maine; James J. Davis, of
Pennsylvania; Warren R. Austin, of Vermont; and Henrik Ship-
stead, of Minnesota.

Senate Committee on Patents

Senator William Gibbs McAdoo, of California, has been named
chairman of the Senate Committee on Patents which will handle
the copyright bill in that body.

Other members of the Committee include Senators Ellison D.
Smith, of South Carolina ; Homer T. Bone, of Washington ; George
L. Radcliffe, of Maryland ; F. Ryan Duffy, of Wisconsin ; George
W. Norris, of Nebraska; and William H. White, Jr., of Maine.

House Committee on Interstate Commerce

The majority members of the House Committee on Interstate
and Foreign Commerce include the following: Representatives
Clarence F. Lea, of California (chairman) ; Robert Crosser, Ohio;
Alfred L. Bulwinkle, North Carolina; Virgil Chapman, Kentucky;
Paul H. Maloney, Louisiana; William P. Cole, Jr., Maryland;
Samuel B. Pettengill, Indiana; Edward A. Kelly, Illinois; Edward
A. Kenney, New Jersey; George G. Sadowski, Michigan; John
H. Martin, Colorado ; Edward C. Eicher, Iowa ; Theodore A.
Peyser, New York; Thomas J. O’Brien, Illinois; Henry Ellenbogen,
Pennsylvania; Herron Pearson, Tennessee; Jerry J. O’Connell,
Montana; George B. Kelly, New York; Lyle H. Boren, Oklahoma;
and Gardner H. Witherow, Wisconsin.

House Patents Committee

The majority members of the House Committee on Patents
includes Representatives William I. Sirovich, of New York (chair¬

man) ; Fritz G. Lanham, Texas; Braswell D. Deen, Georgia;
Thomas O’Malley, Wisconsin; Matthew A. Dunn, Pennsylvania;
Charles Kramer, California; Graham A. Barden, North Carolina;
John L. McClellan, Arkansas; Frank W. Boykin, Alabama; Wil¬
liam B. Barry, New York; William P. Connery, Jr., Massachu¬
setts; John McSweeney, Ohio; Edwin V. Champion, Illinois;
Thomas R. Amlie, Wisconsin; and Dewey W. Johnson, Minnesota.

The minority members of the above House Committees are ex¬
pected to be announced shortly.

EXAMINER RECOMMENDS GRANTING APPLI¬
CATION OF FORMER SENATOR DILL

Former Senator Clarence C. Dill applied to the Federal Com¬
munications Commission for a construction permit for a new
broadcasting station at Washington, D. C., to use 1390 kilocycles,
1,000 watts power, and unlimited time on the air.

Examiner John P. Bramhall, in Report No. 1-334, recommended
that the application be granted. The Examiner states that “there is
need for an additional service in the area proposed to be served.”
He states that the proposed site is satisfactory to the Commission ;
that a directional antenna will be used at the station; that the
radio towers will be marked in accordance with engineering specifi¬
cations and that “the granting of this application will serve public
interest, convenience and necessity.”

WHEELER ASKS BROADCAST INFORMATION

Senator Wheeler of Montana, chairman of the Senate Committee
on Interstate Commerce, has sent two letters to Chairman Prall
of the Federal Communications Commission asking for specified
information in regard to the ownership or control of broadcasting
stations by the NBC, CBS, Hearst Syndicate, and other chains.
He also asks questions relative to the ownership of stations by
newspapers of the country.

Senator Wheeler says:

“As chairman of the Committee on Interstate Commerce, I would
like to be furnished with the following information:

“1. How many cleared channels are today owned and controlled
or operated by, or in connection with, any of the so-called chain
broadcasting companies?

“2. How many stations have been sold or transferred within the
past three years, giving the date of such transfer, the name of the
station, its location, and the price paid, and whether purchased by
a newspaper or by one of the chain broadcasting companies?

“3. Kindly furnish me with the number of stations owned or
controlled by the National Broadcasting network.

“4. Kindly furnish me with the number of stations owned or
controlled by the Columbia Broadcasting System.

“5. Kindly furnish me with the number of stations controlled by
the Hearst Syndicate.

“6. Kindly furnish me with the number of stations controlled,
or in the network of any other chain system.”

In his second letter Senator Wheeler says:

“Will you kindly furnish me with the following information:

“1. How many newspapers in the country at the present time
own radio stations?

“2. How many have been acquired within the past year?

“3. How many applications pending at the present time by news¬
papers for radio stations?

“4. I would like to have an opinion from the Chief Counsel of
the Commission on the question as to whether or not the Commis¬
sion has the authority, at the present time, to deny an application
of a newspaper for radio facilities, on the ground that it is against
public policy.

“5. Whether, if the Commission has not such authority at the
present time, legislation could be passed, denying the right for news¬
papers to acquire them in the future, and requiring all newspapers
within a reasonable time to divest themselves of the ownership and
control of such radio stations?”

1867

FCC APPROPRIATIONS

In the annual budget sent to Congress last week recommendation
was made that the appropriation for the fiscal year 1938 for the
Federal Communications Commission be $1,629,000 compared with
the present appropriation of $1,874,000.

In connection with the budget message the following statement
is made relative to the Commission: “The Federal Communica¬
tions Commission has an actual reduction of $246,000, with a de¬
crease of $400,000 due to the expiration of the telegraph and tele¬
phone investigations offsetting increases of $100,000 in connection
with radio telegraphy provisions of the Convention on Safety at
Sea, and non-recurring items of $54,000 for new monitor equip¬
ment.”

NEW STATION RECOMMENDED FOR MIAMI
BEACH

A. Frank Katzentine applied to the Federal Communications
Commission for a construction permit for the erection of a new
broadcasting station at Miami Beach, Florida, to use 1500 kilo¬
cycles, 100 watts power, and unlimited time on the air.

Examiner John P. Bramhall, in Report No. 1-333, recommended
that the application be granted. The Examiner states that “a need
for additional service in the area proposed to be served has been
definitely shown.” He stated further that “the granting of this
application should be conditioned upon the applicant’s selection of
a transmitter site, which would comply with the engineering stand¬
ards of the Commission.”

RADIO UNDER COMMERCE DEPARTMENT

President Roosevelt on Tuesday sent a special message to Con¬
gress on the reorganization of government departments as outlined
in the Brownlow report, made at the specific request of the
President.

Under the Brownlow plan, which has the endorsement of the
President, the Federal Communications Commission would be placed
under the Department of Commerce. The entire plan for reorgan¬
ization is subject to Congressional approval.

PAYNE SPEAKS OF RADIO AT HARVARD

George Henry Payne, Federal Communications Commissioner,
delivered two lectures on Monday in Harvard University before
the School of Business Administration on the work of the Com¬
munications Commission and its problems.

He said that one of the outstanding accomplishments of the
Commission during the past year was the reduction of $22,000,000
in telephone tolls as a result of the Commission’s investigation of
the telephone industry. One of the most important problems that
the Commission has yet to solve, he said, was the voluntary transfer
of licenses in which transactions large sums of money are being
paid for licenses, resulting in a trafficking in frequencies which, he
declared, was counter to not only the spirit but the letter of the
Communications Act of 1934.

The main portion of his second lecture was taken up with the
discussion of the necessity of evolving an American policy for the
control of our international communications. In elucidating this,
he referred to the establishment of a radio telephonic channel with
France as the beginning of our freedom from control by foreign
nations in communication.

Commissioner Payne very sharply criticized the radio lobby in
Washington which has been working for years to get control of
the short wave broadcasting facilities which belong to the United
States Government and the absorption of which, Commissioner
Payne said, would be a public scandal redolent of the Teapot Dome.

In this connection, Commissioner Payne said:

“When a little over a year ago I discussed at Syracuse University
the proposed Government short wave broadcasting stations which
had been planned for several years, and which had been enthusiasti¬
cally supported, not only by high officials of the Government,
including the Secretary of State, the Secretary of the Navy, and the
President himself, but also the communication leaders of the House
and Senate, I mentioned at the same time that certain unscrupulous
and misguided captains of industry were attempting to block the
entire project, even though they recognized its great importance
from a national standpoint, merely because at some later date it
might be looked upon as the entering wedge for the Government
operation of all broadcasting. I tried to point out the absurdity
of such a position, showing that a station of this sort, far from
leading in that direction, would rather tend to allay the fears of
those who have felt that broadcasting is in the hands of a selfish
minority whose only object is to exploit the public with commer¬

cial nostrums for tneir own financial enrichment. The plans for
this Pan American station provided as a definite step in the cement¬
ing of the bonds of friendship and the cultural understanding be¬
tween the nations on the Western Hemisphere, the setting up of
governmental shortwave broadcasting stations in each of the par¬
ticipating countries. These stations were to be used in ‘promoting
better understanding among the republics of the American con¬
tinent through the broadcasting’ of whatever would tend to give
these American countries a better understanding of one another.
In accordance with the plan that the United States was to take the
lead in the development of this project, an Executive Order of the
President was issued, allocating radio frequencies for a proposed
station in Washington, D. C. The Berne Bureau was notified that
these frequencies had been set aside; an engineering survey was
made. And that was as far as the matter had gone when, a year
ago, I called attention to the fact that one of the reasons for the
long delay was supposed to be the clever opposition of commercial
interests who had apparently succeeded in opposing the building
of this station on the ground that it might be the entering wedge
of government control and operation of broadcasting.

“I stated then and I state now that unless constructive steps
are taken by the industry itself to clean up some of the flagrant
violations of public confidence and support, Congress itself will be
obliged to take an active hand in the matter.

“One of the first steps in the development of a national policy,
particularly a policy dealing with our foreign friends, is the con¬
struction of a national broadcasting station owned and controlled
solely by the United States. Every other nation in the world has
such a station.

“Every other nation in the world is prepared to defend itself
over the air from the attack of foreign or unfriendly agencies.

“Every other nation in the world is prepared to see that the
world understands its point of view — and yet this nation, where
the greatest development of radio has taken place, is absolutely
without control over the commercial interests within its own
borders and outside of its borders is at the mercy of every propa¬
gandizing nation.

“We ought to have a station through which the President of the
United States could speak to the world, particularly at this time
of world unrest and stress !

“I am sorry to say this morning that my fears were fully justified,
and that not only have these same interests continued to block the
development of this essentially American project, but actually
within the last few months a vicious attempt has been made to
take over from the Government these precious five frequencies
which were allocated for this service by Executive Order of the
President, to take them over for commercial operation on the
specious plea that since little progress had been made in the
development of this project by the Government itself, it is now
necessary for private interests to operate stations on the frequen¬
cies, in order to protect the use of these frequencies for the United
States as a whole.

“It is hardly necessary for me to point out to you that the very
people who are urging this are the ones who have been opposing
the project all along, and who, until the present, have effectively
succeeded in sabotaging it.

“I have complete documentary evidence to support all this,
including the names of the persons and the organizations involved.
I hope that it will not be necessary to wash all this dirty linen in
public, and I am refraining from saying any more at this time,
because I know that steps are being taken in the very highest
administration circles to clear away all this barrage of interference
and start immediately operation of the project. I mentioned it,
however, to point out the dangers to our American system of Gov¬
ernment of the sort of insidious back-door lobbying of the type
which led to such scandals as Teapot Dome.”

BROADCAST ADVERTISING IN NOVEMBER
Highlights of the Month

Broadcast advertising in November amounted to $11,-
419,143, less than a one per cent decline from the record-
breaking level registered in October. Continuing the
seasonal trend of last year, network advertising declined
while non-network business increased in volume. Na¬
tional non-network business rose 19.6%. All portions of
the medium increased as compared to November of last
year with the exception of regional network advertising
which declined 4.6%. Total broadcast advertising in¬
creased 39.1% over the corresponding month of last year.

Broadcast advertising during the first eleven months of
1936 amounted to $96,503,945, an increase of 22.4% over

1868

the corresponding period of the preceding year. Gains
with regard to various portions of the medium were as
follows: national networks 18.7%, regional networks
28.9%, national non-network advertising 41.2%, and local
broadcast advertising 15.1%.

Total non-network advertising during November was
11.0% greater than during October and 45.0% greater
than during the corresponding month of last year. Clear
channel station and regional station advertising increased
18.7% and 9.1%, respectively, over October, while local
station advertising declined 3.5%. All sections of the
country experienced gains over October, non-network
advertising in the New England-Middle Atlantic Area
and in the Pacific and Mountain Area rising 23.5% and
23.9%, respectively. All sizes of stations and sections of
the country registered marked gains over November 1935.

Total transcription volume increased 19.9% over Octo¬
ber. Live talent and announcement volume rose 7.6%
and 10.8%, respectively, while total record volume de¬
clined 5.9%. Transcription volume in the national non¬
network field and announcements in the local field showed
the greatest gains. All types of rendition in both the
national non-network and local field showed marked in¬
creases over the corresponding month of last year.

Principal increases over October occurred in the fol¬
lowing sponsoring groups: national network confec¬
tionery, household equipment and financial advertising;
regional network toilet goods advertising; national non¬
network automotive, accessory, beverage, radio set, and
tobacco advertising; and local automotive and soap and
kitchen supply advertising. Total retail broadcast adver¬
tising, increased 8.7% over last month and 24.0% over
November 1935.

Total Broadcast Advertising

Total broadcast advertising for the month of November is found
in Table I.

TABLE I

TOTAL BROADCAST ADVERTISING

1936 GrossTime Sales

Cumulative

Class of Business October November Jan.-Nov.

National networks . $6,722,926 $6,149,818 $53,558,419

Regional networks . 154,979 122,725 1,268,396

National non-network . 2,401,800 2,873,200 21,680,160

Local . 2,234,800 2,273,400 19,996,970

Total . $11,514,505 $11,419,143 $96,503,945

Despite the record-breaking October level, total broadcast adver¬
tising declined less than one per cent from the previous month’s
gross time sales. This is a usual seasonal decline which has like¬
wise been experienced in past years. National network volume
declined 8.5% and regional network advertising dropped 20.8%.
National non-network advertising experienced a marked increase,
rising 19.6%, while local business rose 1.7%.

With the exception of regional network advertising, which de¬
clined only 4.6%, all portions of the medium showed increases
when compared to the corresponding month of last year. National
network volume rose 35.6%, national non-network advertising
73.8%, and local business 19.8%. Total broadcast advertising
increased 39.1% over November 1935.

Comparison with Other Media

Advertising volume by major media during the month of No¬
vember is found in Table II.

TABLE II

ADVERTISING BY MAJOR MEDIA

Advertising Medium

Radio broadcasting .

National magazines1 .

National farm papers 1 . . . .
Newspapers 2 .

1936 Gross Time and Space Sales

Cumidative

October November Jan.-Nov.

$11,514,505

14,324,291

624,835

55,242,000

$11,419,143

14,781,528

607,976

53,362,000

$96,503,945

132,393,128

6,382,128

515,726,000

Total . $81,705,631 $80,170,647 $751,005,201

1 Publishers Information Bureau.

2 Estimated.

National magazine volume increased 3.2% over the October level
and 21.9% over the corresponding month of last year. Farm paper
advertising declined 2.7% from last month but was 26.3% ahead
of the level of last November. Newspaper advertising experienced
the usual November seasonal decline, dropping 3.4% as compared
with the previous month. However, newspaper advertising for
November was 9.4% greater than for the same month of 1935.

Non-network Advertising

Total non-network advertising increased 11.0% as against October
and registered an increase of 45.0% over the level of November
1935. Clear channel and high-powered regional stations continued
to show the greatest gain, rising 18.7% over the previous month.
Regional station volume rose 9.1%, while local station business
declined 3.5%.

All classes of stations experienced increases as compared to the
corresponding month of last year. Clear channel and high-
powered regional station business rose 40.3%, regional station ad¬
vertising 59.2%, and local business 22.1%.

Non-network advertising by power of station is shown in Table
III.

TABLE III

NON-NETWORK ADVERTISING BY POWER OF
STATION

1936 Gross Time Sales

Cumulative

Power of Station October November Jan.-Nov.

Over 1,000 watts . $1,845,600 $2,191,200 $17,633,540

250-1,000 watts . 2,076,900 2,266,400 17,591,450

100 watts . 714,100 689,000 6,452,140

Total . $4,636,600 $5,146,600 $41,677,130

While all sections of the country showed gains over October,
the New England-Middle Atlantic Area and the Pacific and Moun¬
tain Area registered the greatest increases, rising 23.5% and 23.9%,
respectively. Non-network advertising in the South Atlantic-
South Central Area increased 3.9% and in the North Central Area
1.8%.

Compared to the corresponding month of the preceding year,
gains were as follows: New England-Middle Atlantic Area 80.7%,
South Atlantic-South Central Area 33.3%, North Central Area
43.9%, and the Pacific and Mountain Area 21.7%.

Non-network advertising by major geographical districts is found
in Table IV.

TABLE IV

NON-NETWORK BROADCAST ADVERTISING BY
GEOGRAPHICAL DISTRICTS

1936 Gross Time Sales

Geographical District

October

November

Cumulative

Jan.-Nov.

New England-Middle Atlantic

Area .

$1,121,400

$1,385,400

$9,528,950

South Atlantic-South Central

Area .

936,900

973,900

8,298,570

North Central Area .

1,845,600

1,879,000

16,218,330

Pacific and Mountain Area. . .

732,700

908,300

7,631,280

Total .

$4,636,600

$5,146,600

$41,677,130

Non-network Advertising by Type of Rendition

Transcription volume continued to show the greatest gain over
the previous month, rising 19.9%. Total live talent business rose
7.6% and announcement volume 10.8%. Record business declined
5.9% from the level of the previous month. All types of rendition
registered gains when compared to the corresponding month of last
year. Transcription volume rose 79.2%, live talent business 29.3%,
record volume 21.5%, and announcements 52.3%.

In the national non-network field transcription volume rose
25.6% over October, live talent business 17.6%, and announcements
14.5%. Record volume dropped 9.3%. Compared to last Novem¬
ber, transcriptions rose 95.1%, live talent 49.1%, records 13.5%,
and announcements more than doubled.

1869

In the local broadcast advertising field, transcriptions remained
at approximately the same level as last month, while live talent
and record business declined 1.2% and 5.4%, respectively. An¬
nouncement volume increased 8.1%. Compared to the previous

November, transcription volume rose 31.7%, live talent business
13.6%, record volume 22.7%, and announcements 26.8%.

Non-network advertising by type of rendition is found in
Table V.

TABLE V

NON-NETWORK BROADCAST ADVERTISING BY TYPE OF RENDITION

1936 Gross Time Sales

National Non-network Local Total Cumulative

Type of Rendition

October

November

October

November

October

November

Jan.-Nov.

Electrical transcriptions .

Live talent programs .

Records .

Announcements .

$830,800

1,051,000

12,500

507,500

$1,043,890

1,236,490

11,340

581,480

$235,920

1,196,470

82,480

719,930

$235,260

1,181,730

78,060

778,350

$1,066,720

2,247,470

94,980

1,227,430

$1,279,150

2,418,220

89,400

1,359,830

$10,304,000

19,965,570

831,100

10,576,460

Total .

. . . . $2,401,800

$2,873,200

$2,234,800

$2,273,400

$4,636,600

$5,146,600

$41,677,130

Sponsor Trends in November

With few exceptions, national network advertising by various
sponsoring industries remained at approximately the same level as
last month. Network confectionery and household equipment
advertising increased materially and financial advertising volume
rose 31.9%. The miscellaneous group declined 60.9% due mainly
to the decline in sponsored political broadcasts. The principal
gain in the regional network field was in the toilet goods group,
which rose 42.0%. Foodstuffs and the miscellaneous group de¬
clined 39.7 % and 65.5%, respectively.

Gains were general in the non-network field, principal increases
being registered in the automotive, accessory, beverage, radio set

and tobacco groups. In the local field, automotive advertising
increased 51.6% and soap and kitchen supply volume 66.2%.

Compared to November 1935, principal increases in the national
network field occurred in the automotive, household furnishings,
financial and miscellaneous groups. The automobile accessories,
toilet goods, beverage and financial groups gained in the regional
network field, while the drug, foodstuffs, and tobacco groups
showed declines. National non-network automobile accessory,
soaps and kitchen supply, radio set, department store and tobacco
groups showed marked gains. In the local field, the automotive
and financial groups showed the principal gains.

Broadcast advertising by type of sponsoring business is found
in Table VI.

TABLE VI

RADIO BROADCAST ADVERTISING BY TYPE OF SPONSORING BUSINESS

(November, 1936)

Type of Sponsoring Business

la. Amusements .

1-2. Automobiles and accessories:

(1) Automobiles .

(2) Accessories, gas and oil .

3. Clothing and apparel .

4-5. Drugs and toilet goods:

(4) Drugs and pharmaceuticals .

(5) Toilet goods .

6-8. Food products:

(6) Foodstuffs .

( 7 ) Beverages .

(8) Confections .

9-10. Household goods:

(9) Household equipment and furnishings .

(10) Soap and kitchen supplies .

11. Insurance and financial .

12. Radios .

13. Retail establishments .

14. Tobacco products .

15. Miscellaneous .

Total .

Detailed information regarding various sponsor groups during
the month of November is as follows:

la. Amusements * National non-network business 28.8% over
October, while local declined 15.8%. National non-network busi¬
ness increased materially over November 1935, while local rose
4.1%.

1. Automotive. National network advertising 16.6% below
October. National non-network and local business increased
38.6% and 51.6%, respectively, while regional network business
gained materially. National network business 84.1% above last
November, national non-network up 35.4%, and local business
up 64.4%.

2. Gasoline and accessories. Compared to last month, na¬
tional network and regional network business down 3.6% and
8.2%, respectively, while national non-network and local business
gained 58.1% and 11.6%, respectively. National network business
16.6% above November of last year. Regional network business

Gross Time Soles

National

Networks

Regional

Networks

National

Non-network

Local

Total

—

—

$14,120

$31,760

$45,880

$578,574

$4,600

312,040

157,380

1,052,594

452,463

37,739

282,190

78,270

850,662

55,849

420

49,260

350,100

455,629

465,817

5,499

518,790

64,280

1,054,386

1,162,943

7,860

153,630

16,670

1,341,103

1,197,782

20,521

559,700

316,890

2,094,893

403,034

6,867

89,720

104,470

604,091

122,770

2,184

49,940

6,720

181,614

41,308

3,446

85,300

211,780

341,834

481,656

4,088

157,410

7,200

650,354

70,345

2,113

11,240

88,300

171,998

123,212

—

49,310

21,070

33,030

205,552

52,088

4,237

198,720

276,115

390,867

9,800

123,770

5,770

530,207

551,110

13,351

395,710

602,060

1,562,231

$6,149,818

$122,725

$2,873,200

$2,273,400

$11,419,143

increased 95.2% and national non-network business 171.5%. Local
business dropped 15.6%.

3. Clothing. Compared to October, national network business
rose 9.5%, national non-network volume 5.8%, and local adver¬
tising 14.3%. Regional network advertising amounted to $420.
As against the corresponding month of last year, national network
business rose 46.6%, national non-network business 15.6%, and
local advertising 11.0%. Regional network business declined
materially.

4. Drugs and pharmaceuticals. National network business
1.4% below October. Regional network business rose 14.9%, na¬
tional non-network volume 20.3%, and local advertising 8.6%.
National network business 9.6% below November 1935. Regional
networks down 55.5% and local down 29.6%. National non¬
network increased 55.2% over November 1935.

5. Toilet goods. National network volume 15.9% above last
month, regional 42.0%, and national non-network 29.1%. Local

1870

down 27.4%. Compared to the corresponding month of 1935,
national network volume rose 34.0%, national non-network 51.1%,
and regional network business materially. Local advertising
dropped 49.4%.

6. Foodstuffs. National network business increased 5.9% over
October, national non-network 20.4%, and local 21.3%. Regional
network advertising declined 39.7%. Compared to November
1935, national networks gained 35.4%, national non-network
64.7%, and local 32.3%. Regional advertising dropped 22.3%.

7. Beverages. National network and national non-network
gained 2.2% and 32.6% over October, respectively, while regional
network and local advertising declined 8.1% and 5.6%. Gains
as compared to corresponding month of last year as follows: na¬
tional networks 37.2%, regional networks 68.2%, national non¬
network 51.8%, and local 7.5%.

8. Confectionery. National network volume more than tripled
October’s level and national non-network gained 3.3%. Regional
network business dropped 18.5% and local advertising 7.9%. Com¬
pared to November 1935, national network gained 2.9% and
national non-network 63.1%, while regional network declined
materially and local advertising 40.2%.

9. Household equipment. National network advertising five
times as great as October. Regional networks increased 3.2% and
national non-network business 9.2%, while local advertising
dropped 3.3%. Compared to last November, national networks
increased 27.3%, national non-network 53.2%, and local 14.9%.
Regional network advertising declined 36.8%.

10. Soaps and kitchen supplies. National network adver¬
tising 5.3% greater than October. National non-network rose
2.9% and local 66.2%, while regional network remained the same
as last month. Compared to the corresponding month of last
year, national networks rose 97.9% and national non-network
more than tripled. Regional networks declined 23.8% and local
21.4%.

11. Insurance and financial. National network up 31.9%
over October, regional network 6.5%, and local advertising 28.1%.
National non-network volume declined 36.7%. National network
up 93.0% over November 1935, regional network more than
doubled, and local advertising up 37.0%. National non-network
dropped 19.6%.

12. Radios. National network up 1.4% compared to October,
national non-network up 68.5%, and local advertising down 4.5%.
Compared to November of the preceding year, national network
business rose 3.9%, national non-network volume more than
doubled, and local advertising rose 7.6%.

13. Department and general stores. National network vol¬
ume declined 19.8% and local advertising 1.1% compared to
October. Regional network business amounted to $4,237 and na¬
tional non-network business rose 13.9%. Compared to November
1935, national non-network advertising tripled and local business
increased 22.1%.

14. Tobacco products. National network volume 8.8% above
October, regional networks up 4.8%, and national non-network up
37.6%. Local advertising declined 18.9%. National network vol¬
ume 9.3% greater than November 1935, and national non-network
more than tripled. Regional network and local business dropped
37.5% and 18.7%, respectively.

15. Miscellaneous. Declines as compared to October as fol¬
lows: national networks 60.9%, regional networks 65.5%, national
non-network 6.4%, and local 16.4%. Compared to the correspond¬
ing month of last year, national networks up 69.9%, national non¬
network 74.6%, and local 39.5%. Regional network business
declined 24.2%.

Retail Broadcast Advertising

Total retail broadcast advertising increased 8.7% over October.
Principal gains were registered by the following groups: automobile
agencies 35.0%, gasoline stations 21.1%, clothing shops 15.7%,
drug stores 13.8%, beverage retailers three and one-half times as
great, and hardware stores 22.6%. Grocery store advertising
dropped 23.2% and confectionery store volume declined mate¬
rially.

Compared to November 1935, total retail advertising increased
24.0%. Automotive advertising increased 50.8%, clothing 15.9%,
beauty parlors 16.1%, household equipment dealers 63.0%, furni¬
ture stores 44.7%, hardware stores 92.6%, radio retailers 24.9%,
and department stores 29.5%. Grocery store advertising declined
31.6%' and drug store advertising 27.9%.

Broadcast advertising by retail establishments during November
is found in Table VII.

TABLE VII

RETAIL BROADCAST ADVERTISING OVER
INDIVIDUAL STATIONS

1936 Gross Time Sales

Type oj Sponsoring Business October November

Automobiles and accessories:

Automobile agencies and used car dealers $109,100 $147,310

Gasoline stations, garages, etc . 33,660 40,780

Clothing and apparel shops . 327,050 378,370

Drugs and toilet goods:

Drug stores . 16,180 18,420

Beauty parlors . 9,550 9,100

Food products:

Grocery stores, meat markets, etc . 55,230 42,420

Restaurants, eating places . 21,750 24,720

Beverage retailers . 990 3,480

Confectionery stores . 6,390 1,230

Household goods:

Household equipment dealers . 76,120 77,510

Furniture stores . 129,260 129,360

Hardware stores . 18,330 22,480

Radio retailers . 31,460 30,910

Department and general stores . 219,360 219,790

Tobacco shops . — —

Miscellaneous . 138,300 151,140

Total . $1,192,730 $1,297,020

FEDERAL TRADE COMMISSION ACTION
Complaints

The Federal Trade Commission has alleged unfair competition in
complaints 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.

No. 3019. Ten card clothing manufacturers, and their trade
association, are charged, in a complaint, with suppressing competi¬
tion among the members of their industry and with maintaining
uniform prices and terms of sale for their product. The respond¬
ents’ practices are alleged to be in violation of Section 5 of the
Federal Trade Commission Act.

Named in the complaint is the Card Clothing Manufacturers’
Association, 41 East 42nd St., New York City. The other re¬
spondents are engaged in manufacturing a tough, close-woven
fabric studded with steel teeth, used principally by textile manu¬
facturers in combing out wool and cotton preparatory to spinning.
They comprise substantially all, if not all, of the producers of
that commodity in the United States. They are:

Ashworth Brothers, Inc., Fall River, Mass., also trading as
American Card Clothing Co., Philadelphia; Benjamin Booth Co.,
Philadelphia; Charlotte Manufacturing Co., Charlotte, N. C.;
Davis & Furber Machine Co., North Andover, Mass.; Howard
Brothers Manufacturing Co., Worcester, Mass.; J. Sherlock, trading
as Methuen Napper Clothing Co., Methuen, Mass.; Merrimac
Card Clothing Co., Andover, Mass.; Standard Card Clothing Co.,
Stafford Springs, Conn.; Wickwire-Spencer Steel Co., New York
City; and Frederick C. Redman, Lowell, Mass., trading as Redman
Card Clothing Co.

Redman is not a member of the association, but allegedly has
cooperated with it and its members.

No. 3026. False and misleading representations concerning the
results to be obtained through use of “Koatsal,” sold as a motor
lubricant, are alleged in a complaint issued against Kidder Oil
Company, 818 South Third St., LaCrosse, Wis.

The respondent corporation allegedly advertises that “Koatsal”
perfects lubrication and is more efficient than any other method
because it is scientifically correct; that it reduces vibration in air¬
plane motors to a remarkable degree ; penetrates and adheres to all
metal surfaces it reaches, reduces friction as much as 50 per cent,
and provides perfect protection against burned-out bearings, and
that an automobile conditioned with the product and having no
oil in the crank-case can run an amazing distance without damage
to any part of the car.

No. 3027. Flori Mothproofing Method, Inc., 252 South
Broad St., Philadelphia, is charged in a complaint with unfair
methods of competition in connection with the sale of “Flori,” a
liquid preparation for use on garments, rugs, furniture and other
articles as a protection against moths, carpet beetles, and insects.

In advertising matter, the respondent corporation allegedly

1871

represents, among other things, that “Flori” makes a fabric inedible
to moth larvae and carpet beetles, and that the “Flori” moth¬
proofing method gives permanent protection and is “a guaranteed
service and is backed with a five-year policy of a reputable insur¬
ance company guaranteeing against moth damage.”

According to the complaint, such representations are false in
that the product does not kill moths and other insects, and does
not render articles impregnated with “Flori” permanently immune
to damage or injury.

No. 3028. A complaint has been issued charging Julius Good¬
man & Son., Inc., 43 South Main St., Memphis, Tenn., with use
of unfair methods of competition in the sale of silver tableware.

The respondent corporation allegedly purchases old, second-hand
silver tableware, renovates it, and represents in advertising matter
that it is new and unused. According to the complaint, the prod¬
ucts so advertised have the appearance of being new, bear no
marking or symbol to indicate they are other than new, and are
sold without the respondent corporation disclosing the fact that
they had been used previously and then renovated.

No. 3029. Unfair disparagement of the goods of competitors is
alleged in a complaint issued against Johnson & Johnson, New
Brunswick, N. J., engaged in manufacturing and selling absorbent
cotton, gauze, bandages, and other first-aid and surgical dressing
products.

Certain advertisements of the respondent corporation allegedly
are misleading and deceptive in that they represent, directly or by
innuendo, that users of first-aid and surgical dressing products of
unknown make, or which are manufactured by other than well-
known and extensively advertised organizations, run grave risk of
infecting wounds or cuts upon which such dressings are used.

Such representations, the complaint charges, constitute an un¬
warranted disparagement of the merchandise of those competitors
who, although they do not advertise extensively and may not be
as well known, manufacture first-aid and surgical dressing products
that are equal in antiseptic properties to, and are as safe and in as
sanitary condition when opened for use, as the products of the
respondent corporation.

No. 3030. Misrepresentation of the effectiveness of a medicinal
preparation called “Zo-Ro-Lo” is alleged in a complaint issued
against Zo-Ro-Lo, Inc., of Ada, Ohio.

In advertisements and radio broadcasts, the respondent company
is alleged to have represented that its product is an effective cure
and remedy for arthritis, asthma, brain disease, Bright’s disease,
and other ailments, and starts one on the road to health, building
up a resistance to combat the cause of a majority of all diseases.

These representations are alleged to have been untrue.

The respondent company is given twenty days in which to file
answer to the charges of violation of Section 5 of the Federal Trade
Commission Act.

Stipulations and Orders

The Commission has issued the following cease and desist orders
and stipulations:

No. 1871. Henry I. Scott, 1716 Pennsylvania Ave., N. W.,
trading as Gordon’s Radio Shop, in his stipulation, agrees to
stop using as a trade name or brand for his products, the word
“Majestic,” either alone or in connection with “International” or
other words so as to imply that these articles are made by Majestic
Radio and Television Corporation of Illinois, successor to Grigsby-
Grunow Co., of Chicago, original manufacturer of “Majestic” sets.

Scott also agrees not to use the word “Victor” alone or in con¬
junction with “International” so as to imply that the products so
designated are made by RCA Victor Co., Victor Division of the
RCA Manufacturing Co., when such is not a fact.

No. 1872. McKinle.v-Roosevelt University, 4240 Clarendon
Ave., Chicago, agrees to stop using the word “university” as part
of its corporate name and to cease employing such corporate name
containing the word “university” to imply that the respondent
corporation is an educational institution or university organized
for teaching and study in the higher branches of learning, or that
the corporation conducts an educational institution such as the
term “university” is commonly understood and generally accepted
by the public to mean.

This respondent corporation also agrees to ban publication in
advertisements or catalogs of the letters LL.B., LL.M., or Ph.D.,
following the names of its faculty members, when in fact, in a
number of instances, the degrees referred to by such letters are
conferred by the respondent corporation itself and not by an in¬
stitution of higher learning in recognition of study and attainment.

The respondent corporation sells courses in the arts and sciences,
engineering, economics, chemistry and related subjects.

No. 1873. Barnett Cass, Samuel Cummings and Isador
Shapiro, trading as Industrial Silk Mills, New York City,

engaged in the sale of silk goods, agreed to stop using the word
“Mills” as part of or in connection with the trade name under
which they sell their products in interstate commerce. According
to the stipulation, they will stop employing the words “Mills” and
“Manufacturers,” alone or in connection with other words, so as
to imply that they manufacture the articles they sell, or own and
operate the mill in which such products are made, when such is
not a fact.

No. 1875. Metropolitan Radio Co., Lie., 946 F St., N. W.,

will also cease a similar use of the designations “Majestic” and
“General Electric,” and also of the word “Sparta,” or any other
colorable imitation of the word “Spartan,” alone or in conjunction
with “Junior Universal,” or with other words, so as to imply that
sets so branded are made by The Sparks-Withington Co. of Ohio,
when this is not a fact.

The sets so designated by each dealer were not the products
of the well-known companies named, according to the stipulation.

The Metropolitan Radio Co., Inc., will also cease use in adver¬
tising of the word “metal” to describe radio tubes so as to imply
that they are those products which have become known to the
trade and purchasing public as “metal” tubes in which the tech¬
nical elements are sealed in a vacuum in steel and in which the
metal functions instead of glass, when such is not a fact.

No. 1879. Belmont Hosiery Mills, Inc., Belmont, N. C.,
will stop marking, branding or labeling its products with any
representation that they contain two threads of silk for each thread
of rayon, or any other misleading reference to the silk content of
such products comparatively with their content of other materials.
This respondent company is alleged to have labeled certain hosiery
as “Split Foot, Mercerized Cotton, First Quality Rayon, Two
Ends, Pure Thread Silk,” when in fact, according to the stipulation,
it was not made of two threads of silk twisted with each thread
of rayon, but of one thread of silk twisted with each thread of
rayon.

No. 1884. Oxford Institute, 4750 Sheridan Road, Chicago,
selling courses and textbooks in commercial branches, will cease
asserting, through its salesmen or by means of advertising, that
its prospective subscribers are selected or designated by leading
persons in their communities; that the opportunity to become a
subscriber is limited to one or to a small number in each com¬
munity; that the Oxford Institute is a college institution; that
students passing examinations given by Oxford Institute are in a
position to pass a university entrance examination, and other sim¬
ilar representations.

The respondent corporation also agrees to stop publishing and
distributing the lecture by Dr. Russell H. Conweli, entitled “Acres
of Diamonds,” so dressed as to make it appear that this lecture
was delivered especially for the benefit of Oxford Institute pupils,
and without disclosing that such lecture was not so delivered.

No. 2400. Arrow Distilleries, Inc., 401 South Washington
St., Peoria, Ill., has been ordered to cease and desist from repre¬
senting that it is a distiller of whiskey, gin and other spirituous
beverages, when such is not a fact.

Under the order, the respondent corporation is prohibited from
representing, through use of the word “distilleries” in its corporate
name, on labels, or otherwise, that it is a distiller of spirituous
beverages, that it manufactures such products through the process
of distillation, or that it owns or operates a distillery, unless it
actually does own or operate such a place.

The order excepts from its provisions gin made through a process
of rectification whereby alcohol, purchased but not produced by
the respondent corporation, is redistilled over juniper berries and
other aromatics.

No. 2756. Use of the words “Army” and “Navy” as a part of
corporate or trade names, in connection with the sale of mer¬
chandise in interstate commerce, is prohibited under an order to
cease and desist entered against Sternheimer Bros., Inc., 4708
Lester St., Richmond, Va. The respondent corporation, trading
as Army & Navy Supply Co., and Army Goods Store, is said
to operate a chain of retail stores.

The order also directs the respondent corporation to discontinue
advertising in newspapers, catalogues or otherwise, the words
“Army” and “Navy” as descriptive of or in connection with any
merchandise sold, unless such merchandise actually has been pro¬
cured from the Army or Navy Departments of the United States.
This part of the order does not apply to contracts for advertising
entered into prior to issuance and service of the order.

No. 2757. The Retail Furniture Dealers Association of St.
Louis, its officers, and thirty-six merchant members, all of St.
Louis and East St. Louis, HI., have been ordered to cease and

1872

desist from certain unfair trade practices in the interstate sale of
furniture and allied products, including electric refrigerators and
radios.

These practices are held to have tended toward the creation of
a monopoly in certain respondent members and to have restrained
competition and increased the cost of furniture and other allied
products to the consumer.

Under the order, the respondent trade association, its officers
and members, are specifically prohibited from enforcing, main¬
taining, or attempting to put into effect certain policies, standards,
sales methods, and practices held to be in restraint of trade.

No. 2878. Giacomo LaGuardia, 537 Broadway, New York,
trading as Herba Medicinal Laboratory, has been ordered to
discontinue certain unfair representations in the sale of preparations
said to be derived from herbs and to have medicinal value.

LaGuardia is directed to cease asserting that “Stomatic Tea and
Tonic,” “Rheumatic Tea,” “Renal Tea,” and other products, are
effective in the cure or treatment of stomach acid, indigestion,
headache, nervous disturbances, and other ailments, and that they
have therapeutic value for treating skin diseases, vertigo, head-

a<'Nos?<2 902-2903-2904-2905. Four New York jobbers of food¬
stuffs and flavoring extracts have been ordered to discontinue cer¬
tain unfair representations in the interstate sale of flavoring
extracts.

The respondent companies are: Eldeen Spice Co., 336 Delancey
St.; Italian-American Spice Co., 320 Henry St.; Trieste Im¬
porting Co., 19 Vestry St., New York, and Eagle Spice Co., 1412
66th St., Brooklyn.

The order prohibits the use in advertising of words of a foreign
language or symbols or pictures indicating that flavoring extracts
or compounds actually manufactured in the United States are
produced in Italy or any other foreign country and imported into
the United States.

Findings are that the respondent companies represented their
extracts in a manner indicating that they were prepared and com¬
pounded by the National Chemical Laboratory at Milan, Italy,
and imported into the United States, and were awarded prizes at
certain Italian expositions, when these were not the facts.

FEDERAL COMMUNICATIONS COMMISSION
ACTION

HEARING CALENDAR

The following broadcast hearings are scheduled for hearing at
the Commission for the week beginning Monday, January 18.

Monday, January 18

HEARING BEFORE AN EXAMINER
(Broadcast)

NEW — Central States Broadcasting Co., Council Bluffs, Iowa. —
C. P., 1500 kc., 100 watts, unlimited time.

WATR — The WATR Company, Inc., Waterbury, Conn. — C. P.,
1290 kc., 250 watts, unlimited time.

KRLH — Clarence Scharbauer, Midland, Texas. — Modification of
license, 1210 kc., 100 watts, daytime.

Tuesday, January 19
HEARING BEFORE AN EXAMINER
(Special Broadcast)

NEW — The Trenton Times, Trenton, N. J. — C. P., 1570 kc., 250
watts, unlimited time.

NEW — The Trenton Times, Trenton, N. J. — C. P., 1570 kc., 250
watts, unlimited time.

NEW— The Trenton Times, Trenton, N. J— C. P., 1570 kc., 250
watts, unlimited time.

NEW — The Journal Co. (The Milwaukee Journal), Milwaukee,
Wis. — C. P., 1570 kc., 1 KW, unlimited time.

NEW — Mid-Atlantic Corp., Washington, D. C. — C. P., 1570 kc.,

1 KW, unlimited time.

NEW — Loyal K. King, d/b as Radio & Television Research Co.,
Los Angeles, Calif. — C. P., 1570 kc., 1 KW, unlimited time.

Thursday, January 21
HEARING BEFORE AN EXAMINER
(Broadcast)

NEW— Richard S. Cozzaldi, d/b as Oak Cliff-Dallas County
Broadcasting Co., Dallas, Texas.— C. P., 1500 kc., 100
watts, daytime.

NEW— A. L. Chilton, Dallas, Texas.— C. P., 990 kc., 1 KW, day¬
time.

APPLICATIONS GRANTED

WMC— Memphis Commercial Appeal, Inc., Memphis, Tenn.—
Granted C. P. to move auxiliary transmitter to location of
main transmitter and use antenna system of main trans¬
mitter.

WACO— KTSA Broadcasting Co., Waco, Texas.— Granted license
to cover C. P. authorizing installation of new equipment
and vertical radiator.

KRNR— Southern Ore. Pub. Co., Roseburg, Ore.— Granted license
to cover C. P. authorizing changes in equipment; increase
in power to 250 watts day, 100 watts night, time of opera¬
tion to unlimited, 1500 kc.

WSAZ — WSAZ, Inc., Huntington, W. Va. — Granted authority to
determine operating power by direct measurement of an¬
tenna input.

WCBS — WCBS, Inc., Springfield, Ill. — Granted license to cover
C. P. authorizing change in transmitter location locally;
change in equipment and installation of vertical radiator.

WBLY — Herbert Lee Blye, Lima, Ohio. — Granted license to cover
C. P. authorizing new station; 1210 kc., 100 watts, day¬
time.

WCBM— Baltimore Broadcasting Corp., Baltimore, Md— Granted
license to cover C. P. authorizing move of transmitter
locally to Cold Spring Lane; and install new equipment.

KOMO— Fisher’s Blend Station, Inc., Seattle, Wash.— Granted
license to cover C. P. authorizing changes in equipment;
move of present licensed auxiliary transmitter to main
transmitter, site of KOMO and KJR, for auxiliary purposes
only, using same antenna system.

KJR— Fisher’s Blend Station, Inc., Seattle, Wash.— Granted license
to cover C. P. authorizing move of auxiliary transmitter
of KOMO to main transmitter site of KOMO and KJR
as auxiliary transmitter using same antenna.

KLAH— Harney Hubbs, A. J. Crawford, Jack Hawkins, Harold
Miller, d/b as Carlsbad, b/c Co. (a partnership), Carlsbad,
N. M. — Granted license to cover C. P. authorizing erection
of new station ; 1210 kc., 100 watts, unlimited.

WKY— WKY Radiophone Co., Oklahoma City, Okla— Granted
license to cover C. P. authorizing installation of new equip¬
ment and vertical radiator; increase day power to 5 KW;
900 kc., 1 KW night, unlimited time. Also granted authority
to determine operating power by direct measurement of
antenna input.

KBST— The Big Spring Herald B/c Co., Big Spring, Tex.— Granted
license to cover C. P. authorizing erection of new station;
1500 kc., 100 watts, unlimited.

WSAR— Doughty & Welch Electric Co. Inc., Fall River, Mass.

Granted license to cover C. P. authorizing installation of
new equipment and directional antenna system for day
and nighttime operation ; increase power to 1 KW ; 1450 kc.,
unlimited.

KDB— Santa Barbara Broadcasters, Ltd., Santa Barbara, Cal.—
Granted license to cover C. P. authorizing installation of
new equipment, increase day power from 100 to 250 watts;
1500 kc., 100 watts night, unlimited.

KVGB— Ernest Edward Ruehlen, Great Bend, Kans.— Granted
modification of C. P. approving transmitter north of city,
outside of corporation limits, studio at 2103 Forest Ave.;
install standard equipment other than authorized in C. P.

KSO-Iowa Broadcasting Co., Des Moines, la— Granted modifi¬
cation of C. P. for further changes in equipment.

WPRP— Julio M. Conesa, Ponce, P. R.— Granted modification of
license to operate an additional 3 hours (3 to 6 p. m.),
Sundays only.

WBNX— Standard Cahill Co., Inc., New York, N. Y.— Granted
modification of license to change name to WBNX Broad¬
casting Co., Inc.

KDON— Monterey Peninsula Broadcasting Co., Del Monte, Cal.—
Granted modification of license to change studio location
locally in Monterey.

WPAY — Vee Bee Corp., Portsmouth, Ohio. — Granted authority
to install automatic frequency control.

WALA— Pape Broadcasting Corp. Inc., Mobile, Ala.— Granted
authority to determine operating power by direct measure¬
ment of antenna power.

WDBO — Orlando Broadcasting Co. Inc., Orlando, Fla. — Granted
authority to determine operating power by direct measure¬
ment of antenna input.

1873

WTCN— Minnesota Broadcasting Corp., Minneapolis, Minn. —
Granted authority to determine operating power by direct
measurement of antenna input.

W9XAK — Kans. State College of Agr. and Applied Science, Man¬
hattan, Kans.— Granted renewal of visual broadcast station
license for the period Feb. 1, 1937, to Feb. 1, 1938.

NEW — Tulsa Broadcasting Co. Inc., Mobile (Tulsa, Okla.). —
Granted C. P. for new experimental relay station; frequency
of 31100, 34600, 37600, 40600 kc., 2 watts.

NEW — Natl. Broadcasting Co. Inc., Fixed (New York City)—
Granted license to cover C. P. for new experimental relay
station; frequencies of 31100, 34600, 37600 and 40600 kc.,
100 watts.

RENEWAL OF LICENSES

The following stations were granted renewal of licenses for the
regular period:

KDKA and alternate, Pittsburgh, Pa.; KEX, Portland, Ore.;
KFAB, Lincoln, Neb.; KFEQ, St. Joseph, Mo.; KGO and auxiliary,
San Francisco; KJBS, San Francisco; KIEV, Glendale, Cal.; KJR,
Seattle; KMOX, St. Louis, Mo.; KMPC, Beverly Hills, Cal.; KOA,
Denver, Colo.; KOB, Albuquerque, N. M.; KPO and auxiliary,
San Francisco; KRLD, Dallas, Tex.; KSL, Salt Lake City; KTHS,
Hot Springs Nat’l Park, Ark.; KTRB, Modesto, Cal.; KVOO,
Tulsa, Okla.; KXA, Seattle, Wash.; KYW, Philadelphia; WAAW,
Omaha, Neb.; WABC-WBOQ, New York City; WAPI, Birming¬
ham, Ala.; WBAL, Baltimore, Md. ; WBAP, Fort Worth, Tex.;
WBBM and auxiliary, Chicago; WBT, Charlotte, N. C.; WBZ,
Boston; WBZA, Boston; WCAU and auxiliary, Philadelphia, Pa.;
WCAZ, Carthage, Ill.; WCCO, Minneapolis, Minn.; WCFL and
auxiliary, Chicago; WDGY, Minneapolis, Minn.; WEAF and
auxiliary, New York City; WEEU, Reading, Pa.; WENR and
auxiliary, Chicago; WFAA, Dallas, Tex.; WGN, Chicago; WHAM
and auxiliary, Rochester, N. Y.; WHAS, Louisville, Ky.; WHB,
Kansas City, Mo.; WHEB, Portsmouth, N. H.; WKKO, Colum¬
bus, Ohio; WHO, Des Moines, la.; WHDH and auxiliary, Boston;
WINS, New York City; WJJD, Chicago; WJR and auxiliary,
Detroit, Mich.; WKAR, E. Lansing, Mich.; WLS and auxiliary,
Chicago; WLW, Cincinnati, Ohio; WLWL, New York City;
WMAQ, Chicago; WMAZ and auxiliary, Macon, Ga.; WMBI,
Chicago; WNYC and auxiliary, New York City; WOAI and
auxiliary, San Antonio, Tex.; WOI, Amos, la.; WOR, Newark,
N. J., and auxiliary; WOWO, Fort Wayne, Ind.; WPTF, Raleigh,
N. C., and auxiliary; WRUF, Gainesville, Fla.; WRVA, Richmond,
Va.; WSAZ, Huntington, W. Va.; WSB and auxiliary, Atlanta,
Ga.; WTBU, Cumberland, Md.; WTIC, Hartford, Conn.; WWVA
and auxiliary, Wheeling, W. Va.

The following stations were granted renewal of licenses for the
period ending July 1, 1937:

KCMO, Kansas City, Mo.; WCBS, Springfield, Ill.; WKBB, E.
Dubuque, Ill.; WQDM, St. Albans, Vt. ; WRDW, Augusta, Ga.

SET FOR HEARING

NEW — Salinas Newspapers, Inc., Salinas, Calif. — Application for
C. P. for new broadcast station at Salinas, Calif, to operate
on 1390 kc., 250 watts, daytime only. Transmitter and
studio sites are to be determined with Commission’s ap¬
proval.

NEW — Seaboard Investment Co., Inc., Montgomery, Ala. — Appli¬
cation for C. P. for new broadcast station at Montgomery,
Alabama (amended 11-3-36 and 8-15-36), redesignated for
hearing. Application asks for 610 kc., 250 watts night, 500
watts day, unlimited. Transmitter site and type of antenna
to be determined with Commission’s approval.

NEW — Robert Raymond McCulla, Oak Park, Ill. — Application for
C. P. for new broadcast station at Oak Park, Illinois
(amended 5-8-36), to operate on 1500 kc., 100 watts day¬
time, redesignated for hearing.

NEW — R. W. Page Corp., Columbus, Ga. — Application for C. P.
for new broadcast station at Columbus, Georgia (amended
11-21-36), to operate on 610 ltc., 250 watts, unlimited;
redesignated for hearing. Exact location and antenna system
to be determined with Commission’s approval.

NEW — Central Broadcasting Corp., Centralia, Wash. — Application
for C. P. for new broadcast station at Centralia, Washington
(amended 12-5-36), to operate on 1440 kc., 500 watts,
unlimited; redesignated for hearing. Transmitter site to be
determined with Commission’s approval.

KGLO — Mason City Globe Gazette Co., Mason City, Iowa. — Ap¬
plication for C. P. to install new equipment and increase
day power from 100 watts to 250 watts.

KDB — Santa Barbara Broadcasters, Ltd., Santa Barbara, Calif. —
Application (amended 12-3-36) for C. P. to move trans¬
mitter and studio sites locally, install new equipment and
vertical radiator; change frequency from local channel (1500
kc.), to regional channel (1220 kc.) ; and increase power
from 100 watts unlimited, C. P., 250 watts LS, to 500
watts unlimited.

WRBL — WRBL Radio Station, Inc., Columbus, Ga. — Application
for modification of C. P. to install new equipment and ver¬
tical radiator, change frequency from 1200 kc. to 950 kc.,
increase night power from 100 watts to 250 watts, and
day power from 250 watts to 500 watts.

KADA — C. C. Morris, Ada, Okla. — Applications for modification
of license to increase time of operation from 100 watts
daytime to 100 watts, unlimited time.

WIBA — Badger Broadcasting Co. Inc., Madison, Wise. — Hearing
before Broadcast Division on application for modification
of license to eliminate directional antenna for nighttime
operation and increase nighttime power from 1 KW to 5 KW.

KFVD — Standard Broadcasting Co., Los Angeles, Calif. — Appli¬
cation for modification of license to change frequency from
1000 kc. to 990 kc.

WHBB — W. J. Reynolds, Jr., J. C. Hughes and J. S. Allen, d/b
as Selma Broadcasting Co., Selma, Ala. — Application for
Commission’s consent to voluntary assignment of license
of WHBB from W. J. Reynolds, Jr., J. C. Hughes and
J. S. Allen, t/a Selma Broadcasting Co. to the Selma
Broadcasting Co., Inc.

APPLICATIONS DENIED

KFDY — So. Dak. State College, Brookings, S. Dak. — Denied
special temporary authority to operate from 7 to 9:30 p. m.,
CST, Friday, Jan. 15, in order to broadcast program of
Dist. Parent Teachers Assn.

WBCM — James E. Davidson, Bay City, Mich. — Denied special
temporary authority to operate unlimited daytime with
power of 1 KW as granted 11-10-36 in modification of
license pending final disposition of protest filed in opposi¬
tion to above grant; for period not to exceed 30 days.

APPLICATIONS DISMISSED

The following application, heretofore set for hearing, was dis¬
missed at request of applicant:

KGFI — Eagle Broadcasting Co., Inc., Corpus Christi, Tex. — Modi¬
fication of C. P., 1330 kc., 500 watts, unlimited.

RATIFICATIONS

The Broadcast Division ratified the following actions authorized

on the dates shown:

KSCJ— Perkins Bros. Co., Sioux City, Iowa. — Granted extension
of program test auxiliary transmitter KSCJ period of 30
days from Jan. 15, 1937.

WKRC — Columbia Broadcasting System, Inc., Cincinnati, Ohio —
Granted extension of equipment test period 10 days from
Jan. 5. (Action taken 12-31)

WIEK-WIEL-W 10XGJ -W 10XZ-W 10XAL — Columbia Broadcast¬
ing System, Inc., New York City — Granted authority to
operate as licensed for period Jan. 4 to 20, inclusive, con¬
nection short wave tests and air show of Presidential Inaug¬
uration in Washington.

W9XPN-W9XPV — WDZ Broadcasting Co., Tuscola, Ill. — Granted
authority to operate Jan. 13, 15, 17, 18, 20, 22, 24, 25, 27,
29, 31, 1937, relay broadcast material from farms WPA
projects.

KFRU — KFRU, Inc., Columbia, Mo. — Granted extension of pro¬
gram test period 30 days from Jan. 17, 1937.

WBLY— Herbert Lee Blye, Lima, Ohio — Granted extension of
program test period 30 days from Jan. 8, 1937.

W9XPN-W9XPV — WDZ Broadcasting Co., Tuscola, Ill.,— Granted
authority to operate as licensed Jan. 14, 16, 21, 23, 28 and 30,
relay-broadcast material from WPA farms project.

CKLW — Governor Elect Frank Murphy, Lansing, Mich. — Granted
authority transmit inaugural ceremonies originating in Lan¬
sing, Mich., to Station CKLW by wire facilities.

WIEW - W10XAH - W10XY - WlOXAI - W10XDX - W10XAM -
W10XAP - W10XAK - W10XR — National Broadcasting
Co., Inc., New York City. — Granted authority to op¬
erate as licensed period Jan. 14 to Jan. 21, relaybroadcast
description inaugural parade as part of Presidential Inaugu¬
ration Ceremonies.

1874

Granted request of the Continental Radio Company, to extend
the effective date of the Broadcast Division’s decision on the ap¬
plication of American Broadcasting Company (WOL), Docket No.
3856, and directed that the effective date be extended to midnight,
EST, January 6, 1937.

The effective date in the above case was further extended to
midnight, January 13, 1937, by Commission action on January 6.

The Broadcast Division granted the request of The Hournal
Company, Milwaukee, Wise., for an order to take depositions in
support of its application for C. P. (Docket No. 4268).

The Broadcast Division granted petition of The Santa Barbara
Broadcasters, Ltd. (KDB), Santa Barbara, Cal., requesting ex¬
tension of time within which to file exceptions to Ex. Rep. 1-312,
and granted 20 additional days within which to file said exceptions.

The Broadcast Division upon its own motion extended the final
date for filing exceptions to Ex. Rep. 1-324, from Jan. 4 to Jan. 14,
1937.

The Broadcast Division granted the petition of Michael F. Mur¬
ray and extended time within which to file exceptions to Ex. Rep.
1-325, from Jan. 4 to Jan. 9, 1937.

APPLICATION RETIRED TO FILES

KFDY — So. Dak. State College, Brookings, S. Dak. — Denied
special temporary authority to operate from 7 to 9:30 p. m.,
CST, Jan. 8 and 11, 1937, to broadcast Dist. Parent Teach¬
ers Assn, programs.

SPECIAL AUTHORIZATIONS

KFNF — KFNF, Inc., Shenandoah, Iowa. — Granted extension of
special temporary authority to operate simultaneously with
station WILL from 8 to 11 a. m., CST, daily except Sun¬
days, during the month of Feb. 1937.

WHDF — The Upper Mich. Broadcasting Co., Calumet, Mich. —
Granted special temporary authority to operate from 6:30
to 9:30 p. m., CST, Jan. 18, in order to broadcast the 26th
Radio Review and Barndance direct from the Lauriun
Town Hall, Lauriun, Mich., under sponsorship of local
American Legion Post.

Col. Broadcasting System, Inc., New York City. — Granted special
temporary authority to operate a mobile relay b/c station
on Jan. 20, to cover the network broadcast of the Presi¬
dential Inauguration ceremonies.

WOW — Woodman of the World Life Ins. Assn., Lincoln, Neb. —
Granted extension of special temporary authority to operate
with power of 5 KW at night for the period Jan. 27 to
Feb. 26, 1937.

KGFX— Dana McNeil, Pierre, S. Dak. — Granted extension of spe¬
cial temporary authority to Mrs. Dana McNeil to operate
station KGFX for the period beginning Jan. 15, 1937, and
ending no later than March 1, 1937, pending action on
application for consent to involuntary assignment of license.
WKOK — Sunbury Broadcasting Corp., Sunbury, Pa. — Granted
special temporary authority to operate a 50 watt portable
test transmitter between the hours of 1 and 6 a. m., EST,
for a period not to exceed 30 days, in order to obtain a
suitable location for transmitter in and near Sunbury.
WRDW — Augusta Broadcasting Co., Augusta, Ga.— Granted spe¬
cial temporary authority to operate a 100 watt portable
test transmitter between the hours of 12 midnight and 6
a. m., EST, for the period Jan. 14 to Feb. 12, 1937, in
order to locate desirable transmitter site.

ACTION ON EXAMINERS’ REPORTS

NEW — Ex. Rep. 1-222: Century Broadcasting Co., Inc., Rich¬
mond, Va. — Denied C. P. for new broadcast station to
operate on 1370 kc., 100 watts, daytime. Examiner John
P. Bramhall sustained.

WMBG — Havens & Martin, Inc., Richmond, Va. — Granted C. P.
to install new equipment; move transmitter from 914 W.
Broad Street, Richmond, to intersection of Broad St. Road
and Staples Hill Road, near Richmond; change frequency
from 1210 kc. to 1350 kc.; change hours of operation from
unlimited, except Sunday to unlimited; increase power from
100 watts night, 250 watts day, to 500 watts. Examiner
Bramhall reversed. Order effective Feb. 2, 1937.

WPHR — Ex. Rep. 1-225: WLBG, Inc., Petersburg, Va. — Granted
renewal of license; 880 kc., 500 watts daytime. Examiner
John P. Bramhall sustained.

WPHR — Ex. Rep. 1-225: WLBG, Inc., Petersburg, Va. — Granted
C. P. to move transmitter and studio from Petersburg, Va.,
to Richmond, Va. (site to be determined, subject to Com¬

mission’s approval) ; 880 kc., 500 watts, daytime. Examiner
Bramhall reversed.

NEW — Wilbur M. Havens, Chas. H. Woodward, Calomb B. Jones
and Wilfred H. Wood, d/b as Petersburg Broadcasting Co.,
Petersburg, Va. — Denied C. P. for new broadcast station to
operate on 880 kc., 500 watts, daytime (site to be de¬
termined, subject to Commission’s approval). (Facilities
WPHR). Examiner Bramhall sustained. Order effective
Feb. 2, 1937.

NEW — Ex. Rep. 1-285: The Times Dispatch Pub. Co., Inc., Rich¬
mond, Va. — Granted C. P. for new broadcast station to
operate on 1500 kc., 100 watts, unlimited time (site and
antenna to be approved). Examiner John P. Bramhall re¬
versed. Order effective Feb. 2, 1937.

MISCELLANEOUS

NEW — Philadelphia Radio Broadcasting Corp., Philadelphia, Pa. —
Granted petition to intervene in the hearing on the applica¬
tion of the Trenton Times, Trenton, N. J., for authority to
establish a new special broadcast station in Trenton, to
operate on 1570 kc., 250 watts, unlimited time.

NEW — Philadelphia Radio Broadcasting Corp., Philadelphia, Pa. —
Granted authority to intervene in the proceedings upon
application of the Mid-Atlantic Corp., for authority to
establish a new station in Washington, D. C., to operate on
1570 kc., 1 KW, unlimited time, scheduled to be heard
January 19.

WOKO — WOKO, Inc., Albany, N. Y. — Granted authority to inter¬
vene in the hearing on the application of Hearst Radio, Inc.,
for C. P. to erect a new broadcast station at Albany, N. Y.,
to operate on frequency 1240 kc., 1 KW, unlimited time.

WABY — Adirondack Broadcasting Co., Albany, N. Y. — Granted
authority to intervene in the hearing on the application of
Hearst Radio, Inc., for C. P. to erect a new broadcast
station at Albany, N. Y., to operate on frequency 1240 kc.,
1 KW, unlimited time.

WMT — Iowa Broadcasting Co., Cedar Rapids, Iowa. — Granted
authority to intervene in the hearing of the Waterloo Times-
Tribune Pub. Company’s application for a C. P. to establish
a broadcasting station at Waterloo, Iowa, to operate on
1370 kc., 100 watts, daytime only, making use of special
antenna design.

WJAX — The City of Jacksonville, Jacksonville, Fla. — Granted
petition to intervene in the hearing on the application of the
Florida Broadcasting Co. (WMBR), Jacksonville, Fla., for
C. P. to change frequency from 1370 kc. to 1120 kc., in¬
crease power from 100 watts night, 250 watts day, to 1 KW,
unlimited time.

KGDY — Voice of South Dakota, Huron, S. Dak. — Denied request
for extension of Rule 132.

NEW — Hammond-Calumet Broadcasting Corp., Hammond, Ind. —
Granted authority to take depositions in support of appli¬
cation for new station in Hammond, Ind., to operate on
1480 kc., 5 KW, daytime, transmitter to be determined,
scheduled to be heard Feb. 1, 1937.

NEW — F. M. Gleason, d/b as North Georgia Broadcasting Co.,
Rossville, Ga. — Granted continuance of hearing scheduled
for Feb. 8, 1937, for at least 30 days from that date. Appli¬
cant seeks authority to erect a new station at Rossville, Ga.,
to operate on 1200 kc., 100 watts, daytime.

WTAM — National Broadcasting Co., Inc., Cleveland, Ohio. — Re¬
considered action of November 10, 1936, granting applica¬
tion of WCAZ for increase in day power from 100 watts to
250 watts without hearing. Approved recommendation that
WCAZ’s application be set for hearing and that the effective
date of the Commission’s action be postponed to the date
of decision after hearing.

WCBD — WCBD, Inc., Waukegan, Ill. — Entered new order grant¬
ing unconditionally and finally the application for authority
to transfer the control of the corporation from Wilbur Glenn
Voliva, et al., to Gene T. Dyer, E. M. Ringwald, Elizabeth
Hinzman, Louis E. Moulds, and William F. Moss.

NEW — S. H. Patterson, Denver, Colo. — Denied petition for dis¬
missal without prejudice of S. H. Patterson for C. P. for
new broadcast station at Denver, Colo., to operate on 1570
kc., 1 KW, unlimited time. Also denied petition for re¬
instatement of this application.

KGBX — Springfield Broadcasting Co., Inc., Springfield, Mo. —
Denied petition to reconsider and grant without a hearing
application for permit to authorize a local move of the
studio, changes in equipment, and change in power from
500 watts, unlimited time, to 1 KW, unlimited time, with a

1875

directional antenna for nighttime operation. Hearing will
be held as originally scheduled.

WREN — WREN Broadcasting Co., Lawrence, Kansas. — Granted
motion to postpone hearing on application of WCAE, Inc.,
for renewal of license of WCAE which is scheduled for
February 3, 1937, until after Commission shall have acted
upon a pending application for transfer of control of WREN
Broadcasting Co.

NEW — John S. Braun, Waco, Texas. — Denied petition for post¬
ponement of hearing scheduled for February IS, 1937, on
application for C. P. to erect a new broadcast station at
Waco, Texas, to operate on 1500 kc., 100 watts, daytime
only.

WLBC — Donald A. Burton, Muncie, Ind.— Granted permission to
participate in oral argument on Examiner’s Report No. 1-240
on application of Continental Radio Co., Columbus, Ohio,
for C. P. to erect broadcast station at Columbus, Ohio, to
operate on 1310 kc., 100 watts, unlimited time.

NEW — Pee Dee Broadcasting Co., Florence, S. C. — Granted motion
to dismiss without prejudice application for new broadcast
station at Florence, S. C., to operate on 950 kc., 1 KW,
daytime only, site to be determined.

KFBB — Buttery Broadcast Co., Great Falls, Mont. — Reconsidered
action of Sept. 22, 1936, in designating application for re¬
newal of license of KFBB for hearing, and dismissed same
from the hearing docket. The renewal application of KFBB
was designated for hearing because of an application of Ed
Klies for its facilities. The Klies application was dismissed
from the hearing docket on applicant’s request.

NEW — Twin City Broadcasting Co., Inc., Lewiston, Me. — Granted
petition to consider and receive answer as respondent to
application of the Cumberland Broadcasting Co., Portland,
Me., applying for C. P. for new station to operate on 1210
kc., 100 watts, unlimited. Hearing on application scheduled
for January 25, 1937.

NEW — Harold F. Gross and Edmund C. Shields, Saginaw, Mich.,
and WBCM — James E. Davidson, Bay City, Mich. — Sus¬
pended its order of Nov. 10, 1936, granting without hearing
application of WBCM for modification of license to increase
day power from 500 watts to 1 KW, and designated same
for hearing. Also denied petition of WBCM to dismiss and
strike protest of Harold F. Gross and Edmund C. Shields,
who have application for new broadcast station to operate
on 950 kc., 500 watts, daytime, at Saginaw, Mich.

A. W. Hayes, Erie, Pa. — Dismissed petition to set aside decision
and order of the Broadcast Division, reopen and remand the
application for hearing, de novo. (Ex. Rep. 1-212.) The
petitioner sought a C. P. to erect a new station at Erie to
operate on frequency 1270 kc., 500 watts night, 1 KW LS,
unlimited time.

The Commission granted the petition of the Brooklyn Broad¬
casting Corp., WBBC. and directed that hearing de novo before the
full Commission in the Brooklyn case be continued to March 18,
1937.

APPLICATIONS RECEIVED
First Zone

WTIC — The Travelers Broadcasting Service Corp., Hartford, Conn.
1060 —Extension of special experimental authorization to change
frequency from 1060 kc. to 1040 kc., hours of operation
from S-WBAL to simultaneous operation with KRLD (un¬
limited) from 2-1-37 to 8-1-37.

WBAL — The WBAL Broadcasting Co., Baltimore, Md. — Extension
1060 of special experimental authorization to change hours of
operation from S-WTIC to daily simultaneous operation on
1060 kc. with KTHS, from 6 a. m. to local sunset at Hot
Springs, Ark., from local sunset to 9 p. m., unlimited on
1060 kc. — will synchronize with WJZ on 760 kc. from 9
p. m., with power of 2 y2 KW, using directional antenna,
from 2-1-37 to 8-1-37.

WJEJ — Hagerstown Broadcasting Co., Hagerstown, Md. — Con-
1210 struction permit to move transmitter from Lovely Dame
Building, 16 West Washington St., Hagerstown, Md., to near
Hagerstown, Md., and install a vertical antenna. Amended
re transmitter site.

WNAC — The Yankee Network, Inc., Boston, Mass. — Modification
1230 of license to change name from Shepard Broadcasting
Service, Inc., to The Yankee Network, Inc.

W2XE — Columbia Broadcasting System, Inc., Wayne, N. J. —
Modification of construction permit to extend completion
date to 4-28-37.

NEW — Columbia Broadcasting System, Inc., New York, N. Y. —
Construction permit for a new low frequency relay broad¬
cast station to be operated on 1646, 2090, 2190, 2830 kc.,
50 watts.

Second Zone

WFIL — WFIL Broadcasting Co., Philadelphia, Pa. — Modification
560 of construction permit (B2-P-1085) as modified, for new
equipment, increase in power, and move transmitter, request¬
ing extension of commencement date from 11-6-36 to 3-1-37
and completion date from 5-5-37 to 8-31-37.

WLW — The Crosley Radio Corp., Cincinnati, Ohio. — Extension
700 of special experimental authorization to operate with power
of 500 KW, using directional antenna night, for period from
2-1-37 to 8-1-37.

WCKY — L. B. Wilson, Inc., Covington, Ky. — Construction permit
1490 to install new equipment, increase power from 5 KW to 50
KW day and night. Amended: Make changes in equipment
and change requested power from 50 KW to 10 KW.

NEW — The Crosley Radio Corp., Cincinnati, Ohio. — Construction
permit for a new high frequency broadcast station to be
operated on 31600, 35600, 38600, 41000 kc., 200 watts
power.

NEW — The Crosley Radio Corp., Cincinnati, Ohio. — Construction
permit for a new high frequency broadcast station to be
operated on 31600, 35600, 38600, 41000 kc., 200 watts.

Third Zone

WDBO — Orlando Broadcasting Co., Inc., Orlando, Fla. — Authority
580 to determine operating power by direct measurement of
antenna.

WSB — Atlanta Journal Co., Atlanta, Ga. — Construction permit to
740 make changes in transmitter and antenna and increase power
from 50 KW to 500 KW.

WBRC — Birmingham Broadcasting Co., Inc., Birmingham, Ala. —
930 Construction permit to install new transmitter and vertical
antenna and increase power from 1 KW to 1 KW night, 5
KW day.

WWL — Loyola University, New Orleans, La. — Extension of special
850 experimental authorization to operate unlimited time for
period 2-1-37 to 8-1-37.

KWKH — International Broadcasting Corp., Shreveport, La. — Ex-
850 tension of special experimental authorization to operate on
11001 kc., unlimited time, with directional antenna at night,
for period 2-1-37 to 8-1-37.

KARK — Arkansas Radio and Equipment Co., Inc., Little Rock,
890 Ark. — License to cover construction permit (B3-P-197) as
modified for new equipment, increase in power, and move
of transmitter.

KTHS— Hot Springs Chamber of Commerce, Hot Springs National
1040 Park, Arkansas. — Extension of special experimental author¬
ization to change frequency from 1040 kc. to 1060 kc.,
hours of operation from S-KRLD to simultaneous WBAL
from 6 a. m. to local sunset daily, suspend until 8 p. m., and
unlimited from 8 p. m. until midnight, for period 2-1-37 to
8-1-37.

KRLD— KRLD Radio Corp., Dallas, Tex. — Extension of special
1040 experimental authorization to operate simultaneously with
WTIC for period 2-1-37 to 8-1-37.

WJDX — Lamar Life Insurance Co., Jackson, Miss. — Construction
1270 permit to make equipment changes, new antenna, increase
in power from 1 KW night, 2x/2 KW day to 1 KW night
and 5 KW day.

NEW— John C. Hughes, Phoenix City, Ala. — Construction permit
1310 for a new station to be operated on 1310 kc., 100 watts,
daytime.

WATL — J. W. Woodruff, d/b as Atlanta Broadcasting Co., Atlanta,
1370 Ga. — Modification of construction permit (B3-P-1228) for
new equipment, changes in antenna, increase in power, and
move of transmitter and studio, requesting further changes
in authorized equipment and antenna.

WSFA — Montgomery Broadcasting Co., Inc., Montgomery, Ala. —
1410 Authority to make changes in automatic frequency control
apparatus.

WACO— -KTSA Broadcasting Co., Waco, Tex. — License to cover
1420 construction permit (B3-P-1465) for a new transmitter and
antenna.

NEW — James R. Doss, Jr., Mobile, Ala. — Construction permit for
1500 a new station to be operated on 1500 kc., 100 watts, day¬
time.

1876

Fourth Zone

KFAB — KFAB Broadcasting Co., Lincoln, Nebr. — Extension of
770 special experimental authorization to operate synchronously
with WBBM from local sunset at Lincoln, Nebr., to mid¬
night, CST, from 2-1-37 to 8-1-37.

WBBM — Columbia Broadcasting System, Inc., Chicago, Ill. — Ex-
770 tension of special experimental authorization to operate
synchronously with KFAB from local sunset (KFAB local
sunset) to midnight, for period from 2-1-37 to 8-1-37.
Amended to change name from WBBM Broadcasting Corp.
to Columbia Broadcasting System, Inc.

NEW — Western Union College, Le Mars, Iowa. — Construction per-
1210 mit for a new station to be operated on 1210 ltc., 100 watts
night, 2S0 watts day, unlimited time.

KRMC — Roberts-MacNab Co. (Arthur L. Roberts, R. B. Mac-
1310 Nab, A. J. Breitbach, Gen. Manager), Jamestown, N. Dak. —
Modification of construction permit (B4-P-S10) for new
station on 1310 kc., 100 watts, simultaneous day, share
KVOX night, requesting authority to install new transmitter
and increase power from 100 watts to 100 watts night, 250
watts day, approval of vertical antenna and transmitter site
at 1 mile from center of city on U. S. Highway No. 10,
Jamestown, N. Dak.

KROC — Southern Minnesota Broadcasting Co., Rochester, Minn. —
1310 Authority to transfer control of corporation from First
Trust Co. of St. Paul and G. P. Castner, as special adminis¬
trators of the estate of L. J. Shields, deceased, Florence E.
Brown and Emmet Butler, as trustees under the last will
and testament of Frank M. Brown, deceased; Florence E.
Brown as guardian of the estate of James L. Brown, a minor;
and Stanley Hubbard, to Gregory Gentling.

WTAQ — WHBY, Inc., Green Bay, Wis. — Construction permit to
1330 install a new transmitter and increase power from 1 KW to
1 KW, 5 KW day. Amended to use directional antenna
daytime.

KSTP — National Battery Broadcasting Co., St. Paul, Minn.— Con-
1460 struction permit to make changes in transmitting equip¬
ment.

KOVC — Geo. B. Bairey, Valley City, N. Dak. — Voluntary assign-
1500 ment of license from Geo. B. Bairey to KVOC, Inc.

W9XAA — Chicago Federation of Labor, York Township, Ill. —
Modification of construction permit to increase power from
5 KW to 20 KW and make changes in equipment and extend
commencement and completion dates.

NEW — K. E. Schonert, d/b as Schonert Radio Service, Harrisburg,
Ill. — Construction permit for a new high frequency station
to be operated on 31600, 35600, 38600, 41000 kc., 100 watts.

Fifth Zone

KIRO — Queen City Broadcasting Co., Seattle, Wash. — Extension
650 of special experimental authorization to operate on 710 kc.,
1 KW, unlimited time for period 2-1-37 to 8-1-37.

NEW — Earle Yates, Las Cruces, N. M. — Construction permit for
930 a new station to be operated on 1500 kc., 500 watts, day¬
time. Amended: New transmitter and antenna changes,
change frequency from 1500 kc. to 930 kc., power from
100 watts night, 250 watts day, to 500 watts, time from
unlimited to daytime.

NEW — C. P. Sudweeks, Spokane, Wash. — Construction permit for
950 a new station to be operated on 950 kc., 500 watts night,
1 KW daytime, unlimited time.

KWJJ — KWJJ Broadcast Co., Inc., Portland, Ore. — Authority to
1060 determine operating power by direct measurement of an¬
tenna. Amended: Re operating constants.

NEW — The Peoples Forum of the Air, Helena, Mont. — Construc-
1210 tion permit for a new station to be operated on 1210 kc.,
100 watts, unlimited time.

KPPC— Pasadena Presbyterian Church, Pasadena, Calif. — License
1210 to cover construction permit (B5-P-1306) for changes in
equipment.

KDON — Monterey Peninsula Broadcasting Co., Monterey, Calif. —
1210 Modification of license to move studio from Del Monte
Hotel, Del Monte, California, to 498 Washington St., Mon¬
terey, California.

KSUB — Harold Johnson & Leland M. Perry, d/b as Johnson &
1310 Perry, Cedar City, Utah. — Modification of construction
permit (B5-P-84) for a new station, requesting changes in
antenna and approval of transmitter site at West Second
South, Cedar City, Utah and studio at El Escalante Hotel,
Cor. 1st North & Main Sts., Cedar City, Utah.

KRE — Central California Broadcasters, Inc., Berkeley, Calif. —
1370 Construction permit to install new transmitter and antenna,
change frequency from 1370 kc. to 1440 kc., power from
100 watts night, 250 watts day to 1 KW, and move studio
and transmitter locally.

KFEL — Eugene P. O’Fallon, Inc., Denver, Colo. — Construction
permit to supersede B5-ML-360, requesting equipment
changes, installation of vertical antenna, increase in power
from 500 watts to 1 KW, change in hours of operation
from S-KVOD to unlimited time. (Contingent on KVOD’s
application B5-P-1540.)

January 11, 1937.

PRELIMINARY ENGINEERING REPORT TO THE
BROADCAST DIVISION CONCERNING THE
OCTOBER 5, 1936, HEARING— DOCKET 4063

The Chief Engineer and the Assistant Chief Engineer in charge
of broadcasting not only listened to all of the half million words of
testimony presented at the formal hearing held by the Broadcast
Division October 5 to 21, 1936, inclusive, but also have subse¬
quently read and considered the record of 1,741 pages and the
numerous exhibits in addition thereto. Consequently, the Engineer¬
ing Department feels it advisable to submit herewith in preliminary
form our general conclusions and recommendations deduced from
the record, so that the Broadcast Division may have an early op¬
portunity to direct the Engineering Department more specifically in
the matter of detailed revision of the existing regulations concern¬
ing broadcasting. This report should therefore be considered as
general in character and in the nature of a request for specific in¬
structions which will enable us to prepare detailed regulations to
submit to the Broadcast Division for approval.

Inasmuch as the Broadcast Division, as well as other members
of the Commission, listened to the same testimony as did the
Engineering Department, it seems undesirable to burden this pre¬
liminary report with the details of the evidence. Nevertheless, if
the Commission desires from the Engineering Department the de¬
tailed factors of the evidence given at the hearing upon which we
base our conclusions, we are ready to furnish such information. In
any event, the Engineering Department will present to the Com¬
mission, in separate reports, a summary of the evidence given in
the October 5 hearing, Docket 4063.

General

In general, based upon the evidence given at the hearing, the Engi¬
neering Department is of the opinion that from an engineering
standpoint the existing system of allocation of frequencies within
the broadcast band 550-1600 kc. which was inaugurated in 1928, is
sound, particularly with reference to the fundamental 10 kc. sep¬
aration between channels and the use of both clear channels and
shared channels to render service to the nation. However, in
view of the information which has been accumulated since 1928,
and in view of technical improvements as well as an increasing
demand for better facilities, there is need for an improvement in
the engineering features of the structure as well as in some of the
standards of engineering practice which have been followed
hitherto.

In making this report the Engineering Department desires to
make clear the fact that we have not endeavored to determine who
should or should not be the licensees of radio stations, because this is
primarily a matter of policy which the Commission will decide for
itself. Our thought on this subject of allocation has been prompted
primarily from the standpoint of sound engineering, and to this
end we have made it our mission to ascertain how to make the
best technical use of the very limited radio spectrum between 550-
1600 kc. so that the entire public may receive the maximum serv¬
ice both of transmission and reception, regardless of who may be
the licensees of the various transmitting stations. In other words,
we have felt that if the basic allocation engineering within this lim¬
ited spectrum were such as to make possible the greatest number
of stations properly distributed geographically, and each capable of
rendering technically a good service to the public, there would be
made available in all sections of the country the maximum possible
facilities for the Commission to license or to continue to license
whomever it feels should and could operate stations.

Naturally, we have made every effort to remain properly within
the limits specified in the Communications Act of 1934, as amended
in 1936, particularly with reference to the distribution of facilities
to States and communities.

In general, the tenor of the testimony at the October 5 hearing
tended primarily toward the improvement of existing facilities.
The Engineering Department is of course aware that the Commis-

1877

sion is not only confronted with this problem, but also the addi¬
tional problem of providing facilities where insufficient or none exist
at present, when and if there is a need and applications are made
therefor. Therefore in making our recommendations the Engineer¬
ing Department has endeavored to keep the entire problem wholly
in mind, but at the same time we are necessarily conscious of the
extreme technical limitations imposed by the narrow radio spectrum
between 550 and 1600 kc. and the relatively small number of fre¬
quency channels contained therein and available to the United
States for solving its difficult problems of broadcasting.

In general, the various groups represented at the hearing who
testified with reference to the reallocation of frequencies within the
broadcast band 550-1600 kc., agreed that the Commission is fol¬
lowing a sound policy in proceeding with needed technical improve¬
ments in the allocation system on the basis of evolution, experimen¬
tation and voluntary action, rather than by enforced costly changes.
The only expressed view contrary to this policy was made by spe¬
cial groups who intimated that the existing formula for broadcasting
had failed to supply a service which is essentially sound and eco¬
nomically fair, and that the place to make a correction is in con¬
nection with the allocation of facilities. However, representatives
of some of those special groups who testified at the hearing agreed
that inherent limitations of a scientific character in the broadcast
band 550-1600 kc. imposed technical difficulties in the solution of
the broadcast problem of certain groups, at least, and it was sug¬
gested by some of the educational groups that the ultra high fre¬
quencies might be more suitable for the future development of ad¬
ditional educational radio broadcast stations.

The various groups and individuals presenting evidence at the
hearing agreed that any modification of existing regulations per¬
taining to frequencies for various classes of broadcast stations be¬
tween 550-1600 kc. should be made in such a manner that they are
sufficiently flexible to permit the adaptation of new technical de¬
velopments. It appears that flexibility in the regulations is de¬
sirable in order that practical problems can be solved based upon
sound engineering and other controlling factors. However, in the
opinion of the Engineering Department this flexibility in the regu¬
lations imposes a constant responsibility upon the Commission to
maintain throughout its administration the application of sound
engineering to the solution of individual problems, bearing in mind
their relation to the basic broadcast structure as a whole.

Inasmuch as the Commission has already enunciated its policies of
procedure, which have just been outlined herein, and in view of the
probable developments relative to the use of ultra high frequencies,
the Engineering Department recommends the continuation of the
Commission’s present policy regarding the procedure for accom¬
plishing improvements in the broadcast band 550 to 1600 kc. Nat¬
urally, in making this recommendation the Engineering Department
feels that where the lack of voluntary action on the part of an in¬
dividual would result in an impairment of public interest, or would
improperly hamper the broadcast industry as a whole, the Commis¬
sion should resort to such lawful measures as it deems necessary in
the premise. In this connection, the Engineering Department is of
the opinion that the industry as a whole is keenly interested in
technical improvements in service to the public.

The subject of reallocation is so complex and the various phases
so interrelated that it is essential to have some discussion in detail.
However, for the convenience of those who do not have the time
to study the details of this report, we set forth herewith a brief
summary of the salient features of the recommendations of the
Engineering Department.

Summary

The following is a summary of the Engineering Department’s
conclusions, recommendations and requests for instructions with
respect to the broadcast band 550-1600 kc., based upon the October
5, 1936, hearing, Docket 4063:

(1) We believe that while the engineering principles of the
allocation structure of 1928 are basically sound, technical
progress, operating practice and the accumulation of new
data since 1928 indicate conclusively that modifications
are needed and that improvements can be made which,
from a technical standpoint, will result in better broadcast¬
ing service to the public.

We recommend that these modifications be made by
revising the existing rules, regulations and standards of
good engineering practice.

The Engineering Department’s proposals for modification
would not change the 10 kc. separation between channels,
nor would it change fundamentally the conception as to
the use of both clear channels and shared channels to render
service to the nation. In the latter respect the recommenda¬
tions tend toward the modification of the number of
frequencies made available to each class of station.

(2) As to the general procedure for making modification of the
allocation structure, we believe and recommend that the
Commission should continue its existing policy of evolution
and experimentation through voluntary action of appli¬
cants rather than by enforced costly radical changes. The
reasonableness of the details of any of the new rules and
regulations could well be the subject of formal hearings
after due notice is given of the effective date of the new
rules. Applicants desiring to take advantage of the
improvements made possible by the new rules might have
their applications granted or designated for hearing, depend¬
ing upon the facts in each individual case. In any event,
the present prescribed legal procedure of the Federal
Communications Commission could be maintained.

(3) We recommend that the new rules be inherently flexible so
as to permit practical adaptation of sound engineering to
individual cases in accord with economic and social needs.

(4) We suggest for consideration by the Commission the use
of ultra high frequencies to assist in the solution of the
educational broadcast problem.

(5) We recommend six classes of broadcast stations in the band
550-1600 kc. with powers as outlined in the following. The
exact definitions will be submitted later by the Law and
Engineering Departments, provided the general policies
herein are approved:

A pproximate

Class

A

B2

D

E

Comparison Purpose Night Power 1

Similar to clear channel stations. . . .To include remote rural coverage . Not less than 50 kw

Similar to clear channel stations To include rural coverage . 10 to 50 kw

except other stations use channel
so as to protect secondary cov¬
erage dominant station.

Similar to high power regional Large metropolitan district coverage, as 5 to 50 kw
stations. well as limited rural coverage.

Similar to regional stations . Metropolitan district coverage . 1 to 5 kw

Similar to existing regional stations City coverage . 5 to 1 kw

separated by relatively short dis¬
tances.

Similar to local stations . City or town coverage . 0 . 1 to 0 . 25 kw

rht

Day

mv

.1

mv

mv

.1

mv

mv

.5

mv

mv

.5

mv

mv

2

mv

4 mv 2 mv

1 The power for each station of a class is to be determined individually upon showing of need and proper consideration of channel
conditions with respect to interference.

2 The class of stations which will use the same channel as Class B stations and protect the latter’s secondary coverage, are in general
Class D or Class E stations, located at sufficient distance from Class B stations to enable proper service to be rendered in accordance with the
standards of good engineering practice. It may be possible in some instances to permit Class C stations to use Class B station channels.

(6) We request the Broadcast Division to designate which
frequencies should be assigned to each class of station. In
this connection we are ready to submit a separate memo¬
randum setting forth the conditions existing on each

frequency. This separate memorandum will assist the
Division in designating frequencies to be assigned each
class of station. We recommend that the following number
of channels be assigned to the various classes of stations
in the band 550-1500 kc.:

1878

Class * Number of channels

A Not less than 25

B Approximately 5

C “ 14

D “ 30

E “ 10

F “6

Total 90

* The foregoing numbers exclude the frequencies now
assigned exclusively to Canada.

With reference to the band 1510-1600 kc., we suggest
that the Commission has three courses of action open to it,
depending upon which policy the Commission desires to
follow:

1. To assign all 10 channels in the band 1510 to 1600 kc.
to Class F stations. In our opinion, while this provides
the maximum number of stations, it does not in all cases
provide a facility which will enable service to be rendered
to all of an area requiring service.

2. To assign all 10 channels to Class D stations. This would
permit only a few of the cities which do not now have
a station to secure facilities. It would, however, in the
relatively few individual cases afford a facility capable
of performing an adequate service to a large community.

3. To distribute the 10 channels to Class D, E and F
stations. This would enable a large number of cities
to be served and at the same time permit a degree of
flexibility in utilizing facilities in a manner which may
be required in individual cases. A division such as 3
channels to Class D, 4 channels to Class E and 3 chan¬
nels to Class F might be suitable, or else 3 channels to
Class D and 7 channels to Class E, in which the power
range may be more suitable for individual areas, would
be an effective engineering solution to the problem. In¬
structions in this matter are requested.

(7) We recommend that when the Commission is satisfied a
frequency assigned to one class of station has been utilized
to the fullest and proper extent by stations of such class,
that stations of another class be permitted to use the said
frequency, provided the latter does not cause objectionable
interference, either to the good coverage of any station
regularly licensed on the frequency or jeopardize the speci¬
fied use of the channel, and provided further that the new
stations shall be able to render service consistent with the
standards of good engineering practice.

(8) We recommend that when licensing new stations, or when
increasing the power of an existing station of any class on
a channel assigned to such class, due regard should be given
to the standards of good engineering practice, particularly
with reference to the interference that may be caused
within the good service areas of other stations of the same
class on the channel in question.

(9) We recommend that the band 1500-1600 kc. be opened
for Class D, E or F stations, depending upon the policy
to be determined by the Commission with respect to the
number of additional stations and the type of service they
should render.

(10) We recommend that all stations except Class A operate
simultaneously on shared channels at night, and whenever
practicable, use methods to increase service and reduce
interference.

(11) We believe that two 50 kw. stations separated by great
distances and operating simultaneously at night on the
same channel, are capable of rendering a service to a
limited area, particularly if directional antennas are used.
However, we do not recommend the universal duplication
of all existing clear channel stations located on the coasts.
We have recommended the retention of at least 25 clear
channels permanently, and caution in duplicating other such
channels, pending a North American arrangement.

(12) We believe that directional antennas are feasible, but we
recommend the careful and studied application of these
antennas in individual instances.

(13) We recommend against the general application of syn¬
chronization, but suggest it can be applied in certain
instances to assist in increasing coverage of low-powered
stations.

(14) While we believe that powers in excess of 50 kw. on clear
channels are technically sound and are in accord with
scientific progress, we recognize that social and economic

factors involved in the use of 500 kw. may outweigh in
importance engineering considerations, and request instruc¬
tions from the Division as to its desires with respect to
regulations on the question of super-power. We feel that,
in the matter of super-power, the Commission should give
full consideration to our report summarizing the economic
testimony in the October 5 hearing prior to making a
decision.

(15) We feel that there is a need for increased signal intensity
and have recommended that in general power increases are
required to better the service to the public. However, we
recommend that the regulations in this respect be suffi¬
ciently flexible to permit the Commission to judge each
individual case upon its merits, particularly as to the needs
and economic and social circumstances.

(16) We believe that from an ideal standpoint the “bloc” system
of allocation to classes of stations may reduce the disad¬
vantages of a disparity in power between stations on
adjacent frequencies, but because of practical considera¬
tions, we do not recommend a radical change in allocation
to accomplish this scientific ideal.

(17) We recommend against the establishment of standards of
receiver selectivity and fidelity, but instead we recommend
incorporation in the standards of good engineering practice
the basis of receiver performance which is utilized in arriv¬
ing at necessary ratios between desired and undesired signals
to avoid objectionable interference.

(18) We suggest the paramount importance of economic and
social factors in the determination of the distribution of
facilities to licensees in any section of the country, and
state that a separate report will be submitted giving in
detail a summary of the evidence presented at the October
5 hearing. We hope the Commission will consider this
summary of evidence before making final decisions.

(19) We recommend against changing the existing requirements
with respect to frequency stability, modulation, harmonics
and power determination.

(20) We suggest proceeding in an evolutionary manner toward
the improvements in the broadcast band 550-1600 kc.
without endeavoring to await developments in other bands
of frequencies, because we feel that the public needs the
possible technical improvements in the existing broadcast
service.

(21) We recommend that the present empirical standards be
revised and issued in the form of “standards of good
engineering practice” and used as a guide in administration
and in testimony when no better evidence is available.
We believe that the following is the proper trend of the
revision:

(a) Adopt curves on those presented by the Engi¬
neering Department at the hearing as guides to estimate
service and interference under various conditions.

(b) Retain the present ratios between desired and unde¬
sired signals for stations using the same channel.

(c) Revise the ratios between desired and undesired signals
for stations on adjacent channels. The ratios now
used will be decreased to an amount to be finally deter¬
mined at the engineering conference scheduled for
January 18, 1937, at Washington. These revisions will
permit stations of like power to be spaced geographi¬
cally closer than hitherto provided in our “empirical
standards”.

(d) Stations in the same city may be assigned frequencies
40 kc. apart under special conditions of location and
power.

(e) While we believe that the present limit of 125 mv. used
in connection with “blanketing” is too small, we are
not prepared at this time to accept the 1000 mv. limit
suggested by certain engineers at the October 5 hearing.
The figure which should be used will be determined
after the engineering conference scheduled for January
18, 1937, and we shall make a specific recommendation
to the Division after that date.

(f) It is recommended that the present engineering “alloca¬
tion factor” be replaced by a more scientific treatment
of cross-talk interference based upon the selectivity
performance of receivers as testified to by engineers at
the October 5 hearing. The details of the changes will
be determined finally at the engineering conference
scheduled for January 18, 1937. The Engineering
Department can then revise its present interference
curves to take this into consideration.

(g) The existing mileage frequency separation tables should

1879

and can safely be revised. It is recommended that
this be so done and included in the “standards of good
engineering practice” as general guides for adminis¬
trative purposes, as well as ready references for lay
interpretation of the average curves. After the sched¬
uled January 18 engineering conference, the Engineer¬
ing Department will submit a revision of the existing
tables, provided the Broadcast Division has determined
certain matters of policy. These tables will be based
upon the performance of 1000 kc. with a conventional
antenna of the efficiency required for each class of
station over average conductivity and for the sky wave
conditions for the second hour after sunset.

It is to be expected that in individual cases the
distance tables will not indicate practical conditions,
but before the Commission departs from the distance
tables, it should require

(1) Competent evidence indicating wherein facts in
individual cases differ from the calculations upon
which the distance tables were computed.

(2) Adherence to accepted standards of service and
interference.

(3) Proper measurements taken by competent engi¬
neers over a sufficient period of time.

(4) Adherence to good engineering practice in the
location and efficiency of transmitter and antenna.

2. Proper definition of each class with respect to purpose and
character of service.

Suggestions were made at the hearing as to the definition of the
several classes of stations. Emphasis was placed by some groups
upon the existing definition of clear channel stations, and others
endeavored to define the various classes of stations by suggesting
a definition based upon the primary purpose of each class. The
Engineering Department is not submitting at this time detailed
recommendations to the Commission as to the exact definitions of
each class of station, because it involves both legal interpretation
and matters of policy. We recommend, however, that the Engineer¬
ing and Law Departments be directed to submit jointly to the
Broadcast Division specific definitions for six classes of stations,
based upon the general ideas outlined in sub-paragraph 1 above.
Such definitions, in our opinion, should indicate the general pur¬
pose for which each class of station is intended. The Engineering
Department can further express technically, in the “standards of
good engineering practice,” the engineering conditions involved for
each class of station by setting forth in general terms their inter¬
ference limits. These standards will not be a part of the regula¬
tions, but will be promulgated by the Commission. Engineer¬
ing Department will submit these standards of good engineering
practice to the Broadcast Division for approval. If final hearings
are held with respect to the reasonableness of the new rules and
regulations, it appears desirable that these standards also be sub¬
ject to hearing at the same time.

Specific Questions

3. Number of frequencies to be allocated to each class.

In order that the details of the conclusions of the Engineering
Department may be presented more clearly, this report will hence¬
forth adhere to the outline of the subject matters given in the
notice of hearing in Docket 4063, Mimeo. 17695.

I. Classification of Broadcast Stations

1. Desirability of establishing new classes, or of sub-dividing,
modifying or abolishing any existing class.

In the opinion of the Engineering Department and based upon
the evidence given at the hearing, there is need for establishing new
classes of stations, as well as modifying some of the existing classifi¬
cations. Such new classes will make more flexible the existing rigid
classifications, or in other words, will make available more sizes of
“shoes” to fit the various “feet.” The establishment of new classes
would permit an improved application of sound engineering to suit
the variable practical field conditions which are encountered in the
allocation of broadcast facilities.

In the opinion of the Engineering Department there should be at
least six classes of stations, as follows: (We have used letters to de¬
note classes, pending final definitions yet to be determined.)

Class A — A station class having wide area coverage on a clear
channel.

Class B — A station class having wide area coverage and using
simultaneously a frequency which is also assigned to other
stations designed or so located as to protect the secondary cov¬
erage of the Class B station from objectionable interference. An
example of the Class B station is one located on the coast using
50 kw. on a frequency to obtain secondary coverage, while at
the same time there is operating on the same frequency a 1 kw.
or 5 kw. Class D or E station in another part of the country in
such a manner as not to cause objectionable interference to the
Class B station.

Class C — A station class utilizing either great distance separation or
else protective devices to avoid objectionable mutual interfer¬
ence with stations of the same class, enabling less coverage than
the long distance service to be rendered by Class A or B stations,
but greater coverage than Class D stations. An example of
Class C stations would be certain existing high power stations
separated by great distances such as coast to coast and operating
simultaneously on the same frequency, or certain existing high
power clear channel stations, both of which use the same fre¬
quency but with directional antennas or other means to avoid
objectionable mutual interference. An other example is the
existing 10 kw. high power regional station separated geograph¬
ically by a distance sufficient to avoid objectionable mutual in¬
terference.

Class D — A station class similar to the existing regional stations.
Class E — A station class which, from an engineering standpoint, will
render less coverage than the existing regional stations, but
greater coverage than the existing local stations.

Class F — A station class similar to the existing local stations.

There was no specific suggestion made at the hearing with re¬
spect to the number of frequencies that should be allocated to each
of the six classes of stations. However, the clear channel group
claimed that there should be at least 30 clear channels. Inasmuch
as it was admitted and claimed that existing stations which share
time on clear channels are confronted with a serious economic prob¬
lem — one which, in the opinion of the Engineering Department,
affects the character and continuity of the program service ren¬
dered to the public by each of these stations in sections of the
country which in our opinion need high grade transmission facil¬
ities, we recommend that the number of channels assigned to Class
A stations be not less than approximately 25, thus effecting a re¬
duction of 15 of the original 40 clear channels. In arriving at the
number of channels assigned to Class A stations, we feel that the
Commission should bear in mind the possibility of a North Amer¬
ican agreement which might involve the number of such channels
ultimately to be preserved for the exclusive use of the United States,
and it is entirely possible that the Commission may not desire to
reduce the number to 25 in the immediate future.

In our opinion and based upon the engineering evidence at the
October 5 hearing, as well as upon our general technical knowledge
of actual operating conditions in the existing system, we suggest that
the ultimate number of frequencies to be assigned to various classes
of stations be as follows:

550-1500 kc. (exclusive of Canadian frequencies)

Class A . Not less than 25

Class B . Approximately 5

Class C . “ 14

Class D . “ 30

Class E . “ 10

Class F . “ 6

Total

1510-1600 kc.

90

Class A
Class B
Class C

None

None

None

The distribution of the 10 frequencies between 1510 and 1600
kc. to Classes D, E and F involves important new policy questions
which make it unfeasible for the Department to make specific sug¬
gestions without further instructions from the Division. However,
we set forth herewith certain pertinent facts and suggest various
courses of action which may be of assistance to the Division in
making its final determination of this matter.

The following table sets forth certain facts pertaining to coverage
of these frequencies for the three classes of stations involved. 1550
kc. is taken as an average, there being only slight differences between
1510 and 1600 kc.

1880

Average Conductivity Low Conductivity

Day

*Night

Day

* Night

Class D

5 KW

48 mi.

25 mi.

21 mi.

11 mi.

Class D

1 KW

32 “

16 “

13 “

7 “

Class E

1 KW

17 “

12 “

7 “

6 “

Class E

.5 KW

14 “

10 “

6 “

5 “

Class F

.25 KW

12 “

8 “

5 “

4 “

Class F

.10 KW

9 “

6 “

4 “

2.5“

* It will be recalled that we suggest the following interference
limits:

Day Night

Class D . 5 mv 2.5 mv

Class E . 2 “ 4.0 “

Class F . 2 “ 4.0 “

The sizes of metropolitan districts in towns of about 100,000
people vary both in size and shape. In general, a station having a
good service radius at night of 10 miles should be capable of
covering such districts.

In centers of less population, the service radius required could be
less. However, in many instances there is a rural population in
the locality that should be served and hence a good service radius
of 10 miles at night is not an inordinate figure for which to strive.

In determining the power of a radio station to be used to serve
any community, the size and shape of the area in which the pop¬
ulation resides and the propagation conditions therein are im¬
portant factors.

There are 10 channels between 1510 and 1600 kc. The following
approximate number of stations of each class might be accommo¬
dated in the United States if the whole band were assigned to a
class and the stations properly spaced geographically:

Class D . 5 KW 40

Class D . 1 KW 60

Class E . 1 KW 200

Class E . 500 KW 300

Class F . 250 KW 400

Class F . 100 KW 500

With respect to the present status of the distribution of facilities
to cities, our records show that there are no cities over 100,000
population without one or more broadcast stations. There are 546
cities in the United States with a population of from 10,000 to
100,000 (which are not included in metropolitan districts) and of
these 329 do not have local broadcast stations. There are 606
towns with a population from 5000 to 10,000 of which 562 are
without local broadcast stations. These figures do not include
cities of this population range located within the 96 metropolitan
districts recognized by the Census of 1930. There are also 343 cities
of a population from 10,000 to 100,000 included within these 96
metropolitan areas in each of which there are one or more broadcast
stations.

In view of the foregoing facts, there seem to be three courses of
action open to the Commission, namely,

(1) To assign all 10 channels in the band 1510 to 1600 kc. to
Class F stations. In our opinion, while this provides the
maximum number of stations, it does not in all cases provide
a facility which will enable service to be rendered to all of
an area requiring service.

(2) To assign all 10 channels to Class D stations. This would
permit only a few of the cities which do not now have a
station to secure facilities. It would, however, in the rela¬
tively few individual cases afford a facility capable of per¬
forming an adequate service to a large community.

(3) To distribute the 10 channels to Class D, E and F stations.
This would enable a large number of cities to be served and
at the same time permit a degree of flexibility in utilizing
facilities in a manner which may be required in individual
cases. A division such as 3 channels to Class D, 4 channels
to Class E and 3 channels to Class F might be suitable, or
else 3 channels to Class D and 7 channels to Class E, in
which the power range may be more suitable for individual
areas, would be an effective engineering solution to the prob¬
lem. Instructions in this matter are requested.

The foregoing facts give the situation in each — the band 550-1500
kc. and the new band 1510-1600 kc., and give our suggestions as
to the total number of channels that should be assigned to each
class of station. However, inasmuch as the exact frequencies to be
designated for the different classes of stations involve matters of
policy as well as the rights of various stations, the Engineering De¬
partment requests instructions from the Division as to which specific

frequencies shall be so allocated. In selecting frequencies to desig¬
nate for different classes of stations on which there exist the present
classes of stations, the Engineering Department believes that it will
be possible to so assign a frequency to a new class of station and
at the same time take advantage of the practical situation which may
exist and designate certain stations on that frequency for some other
class in such a manner as is provided for in the use of a frequency
by more than one class of station under our recommendation in
sub-paragraph 5 (d) following herein. It is believed that this will
enable the initial preservation of any possible public interest in the
coverage of existing stations which by the nature of their service
should be placed in a different classification than warranted by the
actual conditions in other parts of the country for the same channel.

The Engineering Department is ready to submit to the Commis¬
sion data with reference to each channel in order to assist in the
specific selection of frequencies to be assigned to various classes of
stations.

4. Suitability of various bands of frequencies (e. g., propagation
characteristics and noise levels) in the range 500-1600 kc. for
the service to be rendered by each class.

In general, the lower frequencies have better propagation char¬
acteristics for all conditions of terrain than do higher frequencies
under the same conditions. However, where ground propagation
conditions are poor, all frequencies do not enable as large a cover¬
age with the same power as if the propagation conditions were
good. Therefore, since propagation conditions vary over the
country, we may find that a higher frequency, used where condi¬
tions are good, may enable a station to obtain coverage almost equal
to that secured by the use of lower frequencies used where propa¬
gation conditions are poor.

On the other hand the lower frequencies require larger and more
expensive antennas in order to secure the same efficiency as the
cheaper and smaller antennas used on the higher frequencies.

Generally speaking, sky wave propagation is about the same on
all frequencies with the same radiated power. However, it is pos¬
sible to secure at less cost greater efficiency on the higher fre¬
quencies, and hence greater sky wave intensity per kilowatt input
than on the lower frequencies. This increased signal intensity is,
however, overbalanced by the fact that the rapidity of fading
seems to be greater generally on the higher frequencies than on
the lower frequencies.

It is the opinion of the Engineering Department that in deter¬
mining the radius of coverage of a radio station it is necessary to
consider four factors, namely, (1) conductivity, (2) frequency,
(3) power, and (4) interference.

For example, the following table will illustrate these factors for
regional stations rendering service to a 2 mv. ground wave signal
intensity, which we consider good suburban service from a technical
standpoint:

5 KW 1 KW 250 WATTS

Average

Low

Average

Low

Average

Low

Cond.

Cond.

Cond.

Cond.

Cond.

Cond.

600 kc

72 mi.

29 mi.

40 mi.

19 mi.

25 mi.

13 mi.

900 kc

47 “

19 “

28 “

12 “

19 “

8.5 ‘

1200 kc

34 “

14 “

22 “

9 “

15 “

6.4 ‘

1400 kc

29 “

12 “

18.5 “

7.5 “

13 “

5.4 ‘

1550 kc

26 “

11 “

17 “

7 “

12 “

4.9 ‘

The fourth factor, “interference,” is primarily a matter of the
maintenance of the standards of good engineering practice. If allo¬
cations are so made that mutual interference exists at higher signal
intensities than recommended, the coverage will be less than if the
standards are adhered to. We have subsequently set forth in this
report our ideas regarding the standards of interference.

From the above it can be seen that 1 kw. on 1550 kc. over terrain
having average conducticity gives better coverage than 5 kw. on
1200 kc. over terrain having low conducticity, and that 250 watts
on 1550 kc. gives as great a coverage over good terrain as does 5
kw. on 1400 kc. over poor terrain. Of course, almost any example
can be taken to show advantages or disadvantages, but none affect
the fact that coverage from an engineering standpoint is a function
of at least four factors. Naturally we are not forgetful of the fact
that the population residing within the area served by a station is
a governing factor in all cases and that program content is a factor
in ascertaining the size of a listening audience in any community.

Summarizing, the Engineering Department is of the opinion that,
while generally speaking, lower frequencies enable better coverage
for the same input power than do higher frequencies, each chan¬
nel from 550 to 1600 kc. is extremely valuable for broadcasting
purposes.

The evidence shows that the band 1510-1600 kc., which hereto-

1881

fore has been allocated only experimentally, is most useful and can
be utilized for rendering excellent service to the listening public,
particularly in the smaller cities.

In general, from a practical standpoint, the present engineering
principles of allocation appear to be a good general guide for the
Commission to follow in the allocation of frequencies to the various
classes of stations, and in consideration of the practicalities involved,
the Engineering Department recommends that in this phase of the
allocation no radical departures from existing engineering principles
be made, except as to the modification necessary to utilize existing
frequencies for the new classes of stations.

5. Extent to which freedom from interference is to be secured to
each class and extent to which duplicated use, night or day,
of frequencies allocated to each class is to be permitted.

When the Commission has approved the new definitions of
stations recommended to be submitted jointly by the Engineering
and Law Departments, the Engineering Department can indicate
more definitely than at present the extent to which freedom from
interference is to be secured for each class, but in general we feel
that Class A stations should not share the same channel at night
with any other class of station, and that the ground wave protec¬
tion from stations using the same frequency during the day should
be to the .1 millivolt contour. The side channel interference pro¬
tection to these stations should be to the .5 mv. ground wave
contour.

We believe that the service of Class B stations to the .5 mv.
ground wave contour should be free from objectionable interfer¬
ence from other stations on the same channel at night, and the .1
mv. contour in the day. As to Class C and Class D stations, it is
our opinion that mutual interference should be limited to approxi¬
mately the 2.5 mv. contour at night, and the .5 contour in the day,
and that the stations using the same channel should be so placed
geographically or else should use other methods to obtain this
degree of mutual freedom from interference.

As for the Class E and F stations, it is believed that the Com¬
mission should endeavor to arrange this allocation ultimately in
such a manner that the interference limitations for these stations
are not greater than the 4 mv. ground wave contour at night and
the 2 mv. contour in the day.

All of these interference limitations, as mentioned before, should
not be placed in the regulations, but in the “standards of good
engineering practice” which will be promulgated by the Commission
as general guides.

(a) Number of stations to be permitted to operate simul¬
taneously on frequencies of each class.

On frequencies assigned to Class A stations, only one station
should operate at night. Since a Class B station is a dominant
station on a channel, the number of other classes of stations which
can operate successfully in the United States on the same channel
will depend primarily on the geographical location of the Class B
station. As to the other classifications of stations, the number of
stations which can operate successfully on each channel will be
dependent upon geographical separation, operating conditions and
the engineering methods used to prevent interference. Generally
speaking, however, the higher the power, the fewer the number of
stations which can use the same frequency. For example, with
Class C stations, assuming that each station has 50 kw. and uses a
directional antenna in a practical manner, perhaps two or three
stations could use the same channel, depending entirely upon prac¬
tical circumstances, but in this connection, it is believed that in some
instances it may be possible for only two Class C stations in the
United States to operate simultaneously at night on the same
channel. On frequencies assigned to Class F stations, it should be
practical, from an engineering standpoint, for more than 20
stations in the United States to operate simultaneously at night on
the same channel, provided they are properly distributed
geographically.

(b) Mileage-frequency separation tables as a method for
determining permissible duplications.

It appeared to be the unanimous opinion of engineers that the
mileage-frequency separation tables are useful as a guide in deter¬
mining questions of interference and geographical separation of
stations. These tables could well be utilized in the “standards of
good engineering practice” and will be useful as evidence when
there are no other facts upon which to base any conclusions. How¬
ever, the presentation of actual measurements or actual facts which

show conditions different from those upon which the distance
tables are based, should be better evidence. In accepting such
facts, the Commission should weigh carefully the qualifications of
engineers presenting testimony, and the accuracy of their
measurements.

As to separations on the same channel, the existing distance
tables will require modification to bring into consideration new
classes of stations.

As to the final geographical separation required to avoid side
channel interference, the Engineering Department is not satisfied
that the evidence presented at the October 5 hearing adequately
covers all the factors involved. However, the evidence shows
conclusively that the existing distance tables with respect to 10, 20,
30 and 40 kc. can very well be modified to take into consideration
the better known facts presented at the hearing with respect to
receivers.

The Engineering Department recommends that it be instructed
by the Division to revise the existing distance tables based upon
new engineering facts given in evidence at the October 5 hearing,
as well as upon the determination of final technical details resulting
from the engineering conference scheduled for January 18, 1937,
and that these distance tables be made a part of the “standards of
good engineering practice” to be used as guides when better
evidence is lacking. Other aspects of the mileage-frequency
separation tables are dealt with subsequently in this report.

(c) Advisability of establishing subclassifications of any of
the principal classes.

If the Commission should adopt the six general classifications
mentioned in sub-paragraph 1 above, there would seem to be no
need for further subclassification, and the Engineering Department
recommends that there be no additional classes of stations.

(d) Use of frequencies allocated to one class by stations of
another class.

The Engineering Department is of the opinion that the Commis¬
sion should proceed most carefully in allowing one class of station
to use frequencies assigned to stations of another class. The
reason for this caution in procedure is that each class of station
has its own specific engineering factors, and until, throughout this
country and the rest of North America, the intended use has been
made of a frequency assignment to a particular class of station, the
Commission might so involve engineering as to make the frequency
assigned to a particular class of station totally useless for the
intended purpose. However, when the Commission is satisfied that
all the requirements involved in the use of a frequency assigned to
one class of station have been fulfilled, and that there can be no
harm whatsoever to the stations regularly assigned that class and
frequency, the Commission might at that time take advantage of
the opportunity and allow another class of station to use the same
frequency, provided that the new station shall be capable of
rendering service consistent with the standards of good engineering
practice. A good .example of duplicate use of a channel by more
than one class of station is that of a Class B station on one coast
using the same frequency as a Class D or E station on the other
coast.

(e) Possibility of duplicated use of a frequency by two 50 kw.
stations separated by a substantial distance.

The evidence is conclusive that two 50 kw. stations separated
by approximately 2500 miles or more can operate simultaneously
on the same frequency and render a limited degree of good service,
particularly if the stations have a difference in time, such as
between the east and west coasts. It should be made clear, however,
that the duplicated operation of two 50 kw. stations, both using
conventional antennas and separated by a substantial distance, is
not the equivalent of clear channel service. The Engineering
Department is further of the opinion that the Commission should
proceed with the utmost care in duplicating all existing clear
channel stations located on the coasts because it is entirely possible
that the secondary areas of some clear channel stations may afford
the only good program service to rural areas adjacent to the coasts.

The comparison between duplicated and nonduplicated clear
channel operation is of interest and is set forth herewith in the
following table, which is for total hours of darkness. An east-west
path in which there is three hours difference in time will enable
freedom from mutual interference between “duplicated 50 kw.
stations” over a longer period of time than if the transmission path
were north and south :

1882

Service Ranges of 50 Kw. Broadcast Stations

Assumed conventional antennas producing 1414 mv./m. at 1
mile unattenuated average conductivity 4 x 10-14. Second hour
after sunset on east -west path.

A pproximate Miles

Approximate Miles

Day Service

Night Service Free From

500 uv/m 100 uv/m

Objectionable Interference

640 kc

Unduplicated 133 mi. 230 mi.

* 500 uv/m 70% time 500 mi.

* 400 uv/m 90% “ 150 “

* 100 uv/m 90% “ 820 “

Duplicated

2500 mi. 133 mi. 230 mi.

847 uv/m 90% time 110 mi.

“ 2000 . . “ “

1475 uv/m 90% “ 86 “

“ 1500 “ “ “ “ “

2970 uv/m 90% “ 62 “

800 kc

Unduplicated 105 “ 195 “

Same as 640 kc.

Duplicated

2500 mi. “ “ “ “

847 uv/m 90% time 82 mi.

“ 2000 “ . . .

1475 uv/m 90% “ 65 “

“ 1500 “ “ “ “ “

2970 uv/m 90% “ 47 “

1190 kc

Unduplicated 71 “ 143 “

Same as 640 kc.

Duplicated

2500 mi. “ “ “ “

847 uv/m 90% time 56 mi.

“ 2000 “ “ “ “ “

1475 uv/m 90% time 42 “

“ 1500 “ “ “ “ “

2970 uv/m 90% time 31 mi.

* Approximately same all frequencies from 640 to 1190 kc.

If both 50 kw. stations use directional antennas, it is possible
that a better degree of secondary coverage can be obtained by both
stations than is possible with conventional antennas. A degree of
protection to so-called duplicated 50 kw. stations can be obtained
for one of the stations if the other station utilizes a directional
antenna. However, the latter cannot expect a highly satisfactory
degree of secondary service over wide areas.

(f) Consideration of hour of sunset as the dividing line
between daytime and nighttime permissible duplications,
and location at which sunset or other hour should be taken
as such dividing line.

The Engineering Department, as a result of the evidence sub¬
mitted at the hearing, sees no necessity for changing the present
rules with respect to the hours of sunset at the dividing line between
daytime and nighttime permissible duplications.

(g) Application of directional antennas.

It was the consensus of engineering opinion that directional
antennas are feasible, and if properly designed can be applied to
assist in the solution of the broadcast allocation problem. However,
in consideration of practical conditions, the directional antenna
cannot be applied universally to all stations because there are
many stations from which service could be rendered only in the
directions where relatively few persons resided.

In the application of directional antennas, it is the opinion of
the Engineering Department that the Commission should require
technical conditions leading to the stable operation of such antennas
under variable conditions. The Engineering Department will
prepare such specifications in the standards of good engineering
practice which the Commission will be asked to promulgate at
some future date.

(h) Application of synchronization.

Synchronization has some limited application, particularly in
booster stations. However, it has one distinct disadvantage, in
that it requires all stations which are synchronized on a channel to
use the same program at night, and thus limits the availability of
the station for local features as well as the independence of action
of licensees. Differences in time also limit the practicality of
synchronized channels. The synchronization of too many channels
may also result in a waste rather than a net gain in the economic
use of the spectrum by reason of limitations of side channel
interference. Nevertheless, in certain cases the engineering phases
of synchronization might be resorted to in order to solve particular
problems where the evidence shows that there is a distinct advantage
to the public to be gained thereby.

The Engineering Department recommends that the Commission
not consider synchronization as a desirable cure for some of the
claimed unsatisfactory features of broadcasting which appear in
some minds with respect to “chains”. In this connection, the
Engineering Department views chain broadcasting as a means of
program distribution from the centers of talent to other centers
which are unable to sustain good programs over an extended period

of time by reason of lack of adequate talent. Therefore, from this
standpoint “chains” used as a method of program distribution are
a distinct advantage to the public, as well as to the lower-power
stations — particularly if sufficient time is made available by each
station on the chain for operation in direct behalf of local
community interests.

The Engineering Department is of course aware that some
persons feel that “chains” have disadvantages. If these disadvan¬
tages are serious, it appears that they can be corrected by adminis¬
trative licensing measures rather than by empirical technical
restrictions. Therefore, since the subject is one of policy, the
Engineering Department has no other recommendations to submit
at this time with respect to “chains”.

6. Maximum and minimum power requirements with respect to
each class.

General

In general, the trend of all engineering testimony was toward
higher power for all classes of stations. It was clearly indicated
that in general the existing empirical standards of the Engineering
Department with reference to signal intensities required for good
service should be used as a minimum and that in many instances
there is needed a higher order of signal intensity to overcome the
noise level in cities and the noise level in rural areas, particularly
during the summer 'and in the southern sections of the country.

The only way to secure increased signal intensity is by increase
in radiated power. However, it should be clearly understood that
if the power of all stations were increased generally, the interference
which now exists would remain exactly the same in so far as the
distance from each station is concerned, and there would be no
increase in good service areas free from interference at night unless
means were taken to avoid such interference.

In the opinion of the Engineering Department, and in view of
modern technical developments, it would seem desirable that if
power were to be increased at various stations, an attempt should
be made from the standpoint of interference to secure an additional
improvement in service to the public over and above increased
signal intensity within existing interference boundaries. This, of
course, could not be accomplished in all cases, but in each individual
case advantage might be taken of practical opportunities which
might exist to secure the service of increased signal intensity which
might benefit the local listeners and at the same time create less
interference to listeners of a distant station.

(a) Increases in power above 50 kw. on any class of
frequency.

The greatest controversy and difference of opinion existed with
respect to power greater than 50 kw. However, with but one
exception, all engineers who testified admitted that where side
channel interference was not a factor, powers on clear channels in
excess of 50 kw. would be a technical advance and would result in
an increased signal intensity to remote areas. It is also clear to
the Engineering Department that from a technical standpoint any
power less than 50 kw. on a clear channel is a wasteful use of such
frequency on the North American Continent.

The following table gives a comparison of coverage expected
from a 50 and a 500 kw. station under the same conditions:

Comparison of Service Between 50 and 500 Kw. Stations

(a) Daytime service — 500 microvolts. (Good rural service when

Propagation Conditions

no

i static.)

Percentage Increase
In A rea of 500 kw.

Over Terrain

50 kw. 500 kw.
640 kc.

Over 50 kw.

2xl0-13 (Good) .

.270

miles 360 miles

80%

10-13 (Average) .

6X10-14 (Fair- East and

.210

“ 292 “

93%

West Coast) . . .
2xl0-14 (Poor-New

.165

“ 240 “

no%

England) .

. 92

“ 153 “

870 kc.

175%

2xl0-13 (Good) .

.208

miles 280 miles

82%

10-13 (Average) .

.154

“ 222 “

107%

6xl0-14 (Fair) .

.121

“ 185 “

134%

2xl0-14 (Poor) .

. 68

“ 114 “

1190 kc.

181%

2xl0-13 (Good) .

.154

miles 217 miles

100%

10— 13 (Average) .

.112

“ 170 “

130%

6xl0-14 (Fair) .

. 87

“ 140 “

159%

2x20-14 (Poor) .

. 50

“ 84 “

182%

1883

(b) Daytime service — 100 microvolts. (Fair rural service when
no static.)

Percentage Increase

Propagation Conditions In A rea of 500 kw.

Over Terrain

50 kw. 500 kw.

Over 50 kw.

2xlO-13 .

. . . .395

640 kc.

miles 400 miles

60%

10-43 .

. . . .330

“ 415 “

58%

6x10— 14 .

. . . .270

“ 352 “

69%

2x10-“ .

. . . .188

“ 262 “

94%

2xlO-13 .

. . . .310

870 kc.

miles 390 miles

58%

10-13 .

. . . .250

“ 325 “

69%

6xl0-14 .

. . . .212

“ 290 “

86%

2x10-“ .

. . . .141

“ 208 “

117%

2xl0-13 .

. ... 240

1190 kc.
miles 305 miles

61%

10-13 .

. ... 193

“ 256 “

77%

6x10-“ .

. . . .165

“ 232 “

97%

2x10-“ .

. . . .105

“ 164 “

143%

(c) Nighttime secondary service.

It should be noted that for all conductivities and frequencies
fading will limit the primary service of the station within its .5
mv. day contour whether the power be SO kw. or 500 kw. The
secondary service is that resulting from sky wave radiation
reflected beyond the ground wave.

Late Evening Local Time

500 microvolts* 100 microvolts*

500 kw . 1180 miles 2200 miles

50 kw . 810 “ 1390 “

Second Hour After Sunset Local Time

500 kw . 1060 miles 1880 miles

50 kw . 680 “ 1220 “

* Intensity of signal is exceeded 50% of the time.

Judging from the testimony, the Engineering Department is of
the opinion that social and economic factors involved in powers in
excess of SO kw. are of paramount importance and in our opinion
may outweigh engineering considerations in the final determination
of this subject by the Commission.

For example, one group claimed that the use of 500 kw. by
such clear channel stations would not result in either social or
economic difficulties, but would result in a general benefit to the
public. It was claimed by this group that the initial additional cost,
as well as the additional cost of maintenance of operation would
not be a detriment, and that in general the use of 500 kw. stations
would benefit other stations indirectly by reason of the generally
better radio service to be rendered to the public.

Some of those who opposed the use of 500 kw. power claimed
that if super power were permitted on a few clear channel stations,
there would be an inevitable trend toward the use of 500 kw. or
more by all clear channel stations and that if such an event should
occur, the results on the broadcast structure as a whole would be
such as to reduce the benefits to the public and completely change
the existing system of rendering program service to the public.

Some evidence was given by those opposed to the use of super
power to the effect that it would result in low-power stations
being unable to obtain by wire the benefits of good program service
originating at the centers of talent.

Other groups indicated that they felt the use of 500 kw. by clear
channel stations might make it difficult for the stations in the
smaller communities to carry on local service to such communities,
but they admitted the possibility that in general, where radio is
well received, there might be an increasing public interest in radio
such as to make the local station useful in its community.

Still another group indicated that the Commission should not
at this time permit powers in excess of 50 kw., but should study
the question further and in particular each individual case. This
same group indicated that if the Commission should license two
or three 500 kw. power stations in competing situations, the
inevitable trend would be for all clear channel stations to have this
high power, and that therefore the Commission should hesitate in
this matter and study the situation carefully and proceed with
caution.

The Engineering Department is of the opinion that if the Com¬
mission accepts the doctrine of clear channel stations, all such
stations should employ sufficient power to justify the use of a

single channel at night by only one station and that this power
should not be less than 50 kw.

In connection with this question of super power, we are preparing
a separate report giving a detailed analysis of the voluminous
testimony in the record with respect to the economic phases
involving costs, earnings and other facts which may be of assistance
to the Commission in its final determination of increases in power.
We feel that these facts are important and that the Commission
should await its final decision pending the completion of this
summary of the evidence.

(b) Horizontal increases in power on frequencies on which
nighttime duplicated operation is permitted.

With reference to horizontal increases in power on frequencies on
which nighttime duplicated operation is permitted, the Engineering
Department, based upon the evidence at the hearing, is of the
opinion that such increases in power should be permitted when
the facts show the need therefor in any particular community, and
when such increases in power can be made without detriment to
other stations, and when the proposals for such increases in power
are sound from both an engineering and economic standpoint. We
further believe that the regulations with respect to power on these
shared channel stations should be sufficiently flexible to permit
an evolutionary accomplishment of a direct improvement in service
to the public of the entire nation. However, we feel that the
Commission should issue no blanket increases in power to any
class of station, but instead should examine each case individually
upon the voluntary application to this Commission for a modifica¬
tion of existing license or for a new license.

With special reference to local channels, the Engineering Depart¬
ment is of the opinion that gradually, by evolution, it will be
possible to so arrange these channels as to permit an increase in
power to 250 watts instead of the 100 watts which exists today.
However, this will have to be accomplished in certain congested
sections of the country by a slight reallocation when and if existing
local stations request new frequencies. In this connection, it is
believed that the frequencies between 1500-1600 kc., with powers
up to 1 kw., would permit a service to local communities equivalent
to the service rendered by a 250 watt station on the local channel
of 1200 kc.

(c) Differentiation in maximum power at day and at night.

With respect to the differentiation 'in maximum power day and

night, the Engineering Department is of the opinion that this in
general is unsatisfactory, and should apply only when sound
engineering prevents the use of the day power at night.

Summary on Question of Power

The Engineering Department suggests that in general the night
power for different classes of stations be as follows:

Class A — Not less than 50 kw.

Class B — Not less than 10 kw. or more than 50 kw.

Class C — Not less than 5 kw. or more than 50 kw.

Class D — Not less than 1 kw. or more than 5 kw.

Class E — Not less than 500 watts or more than 1 kw.

Class F — Not less than 100 watts or more than 250 watts.

The power for each station should be determined upon facts in
each individual case. The existing powers should not be changed
except when there are applications made therefor. Increases in
power of existing stations should, if practicalities permit, be made
by utilizing interference protection devices in such a manner as
to permit a general increase in coverage in so far as is possible. All
increases in power on any channel should be based upon sound
engineering.

II. Standards to Be Applied in Determining Coverage
and the Presence or Absence of Objectionable
Interference.

1. Propagation characteristics of the various frequencies in the
range 550-1600 kc. including comparison of east-west and
north-south transmission, effect of intervening mountain
ranges, and seasonal variations.

The Engineering Department, as a result of the allocation survey
and as a result of the data collected over a period of years, sub¬
mitted testimony concerning the propagation charactertistics, both
of the ground and sky waves, on the various frequencies. There
was unanimous engineering agreement with respect to these curves,
provided they were used as guides in determining coverage and
interference. Engineers in general felt that in individual cases the
actual facts determined as a result of proper measurement should be
the determining factors rather than the curves.

1884

However, with respect to the sky wave, the Engineering Depart¬
ment is of the opinion that when the characteristics of the radia¬
tion at the source are known, the sky wave curves of the Engineer¬
ing Department should not be discarded for other data unless at
the same time it is disclosed that measurements were taken over a
sufficient period of time to justify such data as being better evidence
of propagation.

The Engineering Department recommends that its curves be in¬
corporated in the “standards of good engineering practice” which
will be used as a guide for allocation engineering in all of the
Commission’s broadcast work between the frequencies 550-1600 kc.

It is the opinion of the Engineering Department that these curves
will require possible modification from time to time, as additional
data is collected, and it is believed that money could be well ex¬
pended from time to time in securing such additional data. We
shall therefore, at some future date, recommend to the Commis¬
sion the expenditure of funds for the special purpose of making
measurements in the field.

We shall also require our Technical Information Section to act
continuously as a centralizing agency for all data and information
collected by various organizations, as well as data presented to the
Commission in various hearings, with the view of keeping up to
date the standards of good engineering practice with reference to
good propagation characteristics of the regular broadcast fre¬
quencies.

2. Prevailing attenuation in various parts of the country.

The general consensus of engineering opinion was that attenua¬
tion is different in different parts of the country, due to variations
in conductivity and inductivity. The Commission’s Engineering
Department had collected data with respect to certain parts of the
country, and at the hearing various broadcast organizations gave
the Commission the benefit of their research. All of this data will
be coordinated and placed on a chart which will become part of
the standards of good engineering practice heretofore referred to.
The Engineering Department will also endeavor to collect additional
data in the future and add such information to the aforementioned
chart. This will be of benefit in all of the engineering phases of
the broadcast allocation system.

3. Proper ratio of desired to undesired signal.

The general consensus of engineering testimony at the hearing
was to the effect that the Commission’s present standards con¬
cerning the ratio of desired to undesired signal to prevent objec¬
tionable inerference, is proper for conditions involving the use of
the same channel. However, it was the general trend of testimony
that the Commission’s existing standards for adjacent channel
problems could well be revised in keeping with the present devel¬
opment of the art.

By reason of the excellent data concerning receivers presented to
the Commission at the hearing, the Engineering Department is in
accord with the engineering opinions given by the various wit¬
nesses with respect to the ratios between desired and undesired
signals, with the exception that we are not satisfied with the
efficacy of some of the details of the data and recommendations
concerning these ratios. In this case we feel that the ratios be¬
tween desired and undesired signals recommended by the engineers
who testified, may not have taken into consideration the apparent
advancing desire for higher fidelity, both of transmission and recep¬
tion, and consequently, with the approval of the Broadcast Divi¬
sion, the Engineering Department has planned an informal engi¬
neering conference to be held in January to determine finally this
technical subject.

When these technical details have been determined finally, the
Engineering Department will revise its empirical standards, and
with the permission of the Broadcast Division, will publish such re¬
visions in the standards of good engineering practice. In this con¬
nection, we can now state to the Division that the present distance
tables for 10, 20, 30 and 40 kc. may be safely changed downward
in mileage for stations of corresponding class and power.

4. Signal intensity necessary to render satisfactory service in
various types of community ( e. g., urban, residential, rural,
etc.)

The engineering testimony at the hearing indicated that while in
general the Commission’s present empirical standards as to the sig¬
nal intensity necessary for satisfactory service, are not unsound,
there is, however, a need for a higher ratio of signal intensity in
order to classify service as good, particularly in cities.

The Engineering Department accepts these suggestions and rec¬
ommends to the Commission that our standards of good engineering
practice be revised accordingly. Unless otherwise directed, we
shall forthwith proceed with such upward revision of our standards.

5. Relative electrical noise levels, natural and man-made in the

range 550-1600 kc. and in various types of communities.

The evidence given at the hearing indicates that the Engineer¬
ing Department’s previous conception of noise level is generally
correct. Usually, noise decreases with an increase of frequency, but
within the broadcast band 550-1600 kc. there is so little difference
as to make each frequency of equal advantage from the standpoint
of noise. Of course, in specific portions of the country one might
be able to show a little differentiation between the lower and
higher frequencies, but the Engineering Department recommends
that for practical purposes no benefit would accrue with the data
we have at the present time in arriving at any large differentiation
with respect to noise on any frequencies between 550 and 1600 kc.

We agree that in different parts of the country and in different
times of the year, atmospheric noises vary considerably. For ex¬
ample, in the southern part of the country for a large portion of
the year, atmospheric noise is generally higher than in the northern
section of the country. In the summer months the atmospheric
noise is always higher in level than during the winter months. The
noise level in cities is always higher in general than in rural sec¬
tions. However, it must not be forgotten that in certain rural sec¬
tions where there is much electrification, the man-made noise level
in the homes, particularly those along highways, is generally
higher than in the more remote and non-electrified portions of
the rural areas.

The Engineering Department will set forth these facts in the
standards of good engineering practice.

6. Frequency separation, including

(a) the prescribed 10 kc. separation between frequencies used

by broadcast stations:

The evidence at the hearing showed conclusively that 10 kc.
separation between channels is the minimum separation that can
be accommodated with good service. With the trend toward higher
fidelity, 10 kc. separation is barely sufficient. The evidence showed
that in some cases, a 10 kc. separation is the cause of certain high
frequency beat notes which, under certain conditions, are objection¬
able.

The Engineering Department recommends most strongly that the
Commission not change the existing 10 kc. separation to any separa¬
tion lower in value.

(b) the customary 50 kc. separation between frequencies used
by broadcast stations in the same community.

The evidence showed that the present 50 kc. separation policy for
stations in the same community is safe, and indicated that possibly
under certain conditions such separation might be reduced to 40
kc. The Engineering Department believes that the 40 kc. separa¬
tion would be sound under certain conditions, where two stations
so separated are in the same general locality with respect to the
local community. It is possible that if one station were located in
the opposite part of the community from that of the second sta¬
tion, the 40 kc. separation might at the present time be the cause
for some complaint by the listeners between the two stations, de¬
pending of course upon the type of receivers used.

(c) mileage-frequency separation tables as a method for de¬
termining minimum geographical separation between sta¬
tions using frequencies separated by from 10 to 40 kc.:

The evidence at the hearing was conclusive, in the opinion of
the Engineering Department, to the extent that the so-called mile¬
age tables should be used solely as a guide in determining questions
of interference when no additional evidence with respect to actual
conditions is available.

Propagation conditions and other factors, such as different types
of antennas, vary so greatly between stations and in different parts
of the country and on different frequencies, that it will be imprac¬
ticable to set up a rigid set of distance tables which would permit
the necessary flexibility in enabling service to be rendered to the
public in individual cases.

The Engineering Department recommends that the revised dis¬
tance tables which we shall submit to the Commission at a later
date, be included in the standards of good engineering practice and
used solely as a guide in determining questions of interference when
there is no other evidence. In these standards of good engineering
practice, we shall set forth the assumptions upon which the dis¬
tance tables were based, and shall state clearly that with other
conditions the distance tables are in general subject to change, but
that unless measurements are given, showing where actual condi¬
tions depart from those assumed in the distance tables, the latter
will be considered the best evidence with reference to interference,
as well as the necessity for maintaining geographical separations set

1885

NAB LIBRARY

forth in the tables. However, before the Commission accepts a
departure from the distance tables, it should require:

(1) Competent evidence indicating clearly wherein the facts in
individual cases differ from the assumptions upon which
the distance tables are based.

(2) Adherence to accepted standards of service and interference.

(3) Proper measurements taken by competent engineers over a
sufficient length of time.

(4) Adherence to good engineering practice in the location and
efficiency of transmitters and antennas.

(d) permissible disparity in power between stations on adja¬
cent frequencies :

While no specific testimony was given on this subject, an analysis
of the evidence on several subjects, including propagation curves
and receiver selectivity, indicates that the question of disparity in
power on adjacent channels depends entirely upon conditions re¬
sulting from geographical separation and propagation conditions
between stations. A factor which is of prime importance is the
ratio between desired and undesired signals at the edge of the
service area of the station requiring freedom from interference.
These are factors which can be determined either by measurement
or as a general guide, by reference to the distance tables referred to
above.

Generally speaking, however, it is the opinion of the Engineer¬
ing Department that an ideal situation, from an allocation engi¬
neering standpoint, would be the “bloc” assignment of frequencies
to stations having equivalent powers so as to avoid the ill effects
of disparity in power between stations on adjacent frequencies and
to permit a better basic engineering allocation. However, from a
practical standpoint, and in view of the great desirability of pro¬
ceeding with improvements in allocation on an evolutionary basis,
the Engineering Department is of the opinion that there should be
no attempt made at this time to change radically the existing allo¬
cation so as to secure the ideal of “bloc” assignment. Nevertheless,
it is suggested that in the years to come and whenever practically
possible, the Commission might take advantage of opportunities
gradually to work into the “bloc” principle of allocation.

(e) practicable standards of receiver selectivity:

Much excellent data was given by engineers at the hearing with
respect to selectivity of receivers and the distribution to the pub¬
lic. From this data, the Engineering Department will, as men¬
tioned before, revise its distance tables. We will also eliminate the
present allocation factor and replace it by a curve based upon the
receiver data given at the hearing. This curve and the basis will
be placed in the standards of good engineering practice which, of
course, will be submitted to the Division at a later date for ap¬
proval. Otherwise, we do not believe it advisable to specify at
this time standards of receiver selectivity.

(f) practicable standards of receiver fidelity.

While there was much evidence given at the hearing with refer¬
ence to receiver fidelity, this evidence showed that different receivers
vary greatly, and the Engineering Department is of the opinion
that at this particular time it would not be feasible to prescribe
standards for receiver fidelity.

However, at the informal engineering conference to be held in
January with respect to the ratio between desired and undesired
signal, it is expected to take up this question of receiver fidelity
with the view of ascertaining whether or not the receiver industry
is willing to adopt voluntarily some standard which all will use as
a guide. If this is shown to be feasible, the Engineering Department
may be in the position to recommend to the Commission certain
engineering limits to be placed upon transmitters in order to
accomplish a greater degree of quality service and at the same time
avoid some of the interference created by a 10 kc. separation.
Such standards, of course, will be placed in the standards of good
engineering practice heretofore mentioned and which will be
submitted to the Division for approval.

7. Proper definition of blanketing signal.

While the evidence given at the hearing showed conclusively that
the present definition of blanketing signal used by the Engineering
Department in its recommendations on various matters to the
Commission is not modern, the Engineering Department is not
prepared to accept the extreme figure of 1 volt generally recom¬
mended by engineers who testified at the hearing. The reason for
our hesitation in this matter is that upon studying the recommenda¬
tions made by the engineers at the hearing, we find that there are
justified complaints of difficulties, which in all probability would
increase if we accepted the figure of 1 volt. We have, therefore,
with the approval of the Division, placed on the agenda of the

January engineering conference this question of blanketing, and it
is expected that there will be a compromise between the extremes
of engineering opinion and that in all probability neither the 1 volt
figure of the engineering testimony nor the 125 millivolt existing
figure of the Engineering Department will be accepted; and that
instead some figure between the two extreme limits will be a proper
compromise in the public interest.

The Engineering Department will, unless otherwise directed by
the Division, include this compromise figure in the standards of
good engineering practice.

8. Legitimate assumptions with respect to Heaviside layer and
sunspot cycle.

No new evidence was given with respect to the existing known
facts concerning the Heaviside layer and sunspot cycle. It is
impossible at this time to give rigid assumptions concerning this
subject, because insufficient data have been collected.

However, the Engineering Department recommends that its
Technical Information Section continue to accumulate data from
other sources with reference to this subject, and that the Commission
encourage research on the part of institutions, leading to the
accumulation of greater knowledge concerning the Heaviside layer
and the sunspot cycle. This study, of course, has been in progress
at various commercial, educational and governmental institutions
and laboratories in this country and abroad.

III. Geographical Distribution of Broadcast Facilities.

1. Weight to be given to such factors as area, population and
economic support.

2. Feasibility of allowing adherence to sound engineering princi-
(e.g., a quota system) in order to comply with Sec. 307 (b) of
the Communications Act of 1934, as amended, and “to provide
a fair, efficient and equitable distribution of radio service”
among the several States and communities.

2. Feasibility of allowing adherence to sound engineering princi¬
ples automatically to effect the distribution required by
Sec. 307 (b).

We know that the Commission understands it should take into
consideration all the factors concerning the distribution of facilities,
particularly the laws of Congress, economic laws, social requirements
and principles of sound engineering. However, we feel that the
entire subject is of such vital importance as a policy matter to the
Commission, that the Engineering Department considers that we
should only lay the available facts before the Commission, rather
than to make any specific recommendations, particularly at this
time, which take into consideration matters other than engineering.
Consequently, the Engineering Department will make this Section
III the subject of a separate report to the Commission, in which
we shall attempt to summarize the comprehensive evidence given
by economic experts and others, concerning market research data
and its relation to the coverage of radio stations, as well as facts
concerning costs, revenue and other economic factors.

In making this separate report we hope that it will be clearly
understood that the Engineering Department feels that the subject
matter, by its nature, requires more than engineering consideration,
and that therefore we are constrained to confine our efforts to a
summary of the facts so as to assist the Commission in its own
determination of the weight to be given to these factors in the
important policy question involving distribution of radio facilities.

At this time we can state that evidence was given at the October
5 hearing which was intended to show that there were certain
economic entities within the borders of this country which may or
may not have a definite relationship to the question of coverage of
broadcast stations of different classes, and which in turn may or
may not lead to some knowledge as to the necessity or lack of
necessity of licensing certain classes of stations in any particular
community in a manner so as to enable proper coverage and
program service.

There was also certain testimony given in the record with respect
to the cost involved in the construction and maintenance of various
classes of stations, as well as to their revenues, which information,
in our opinion, should be of paramount importance in assisting
the Commission in arriving at decisions with reference to the details
of its specific regulations on any particular matter.

However, in our initial study of these questions, we fail to find
a reason why it is not an advantage from all standpoints to so
draft the regulations as to permit flexibility in making available
suitable facilities in all sections of the country under varying
technical and economic conditions, and in this connection it is
our opinion that such a procedure will enable the Commission in
its detailed consideration of licenses to so control the situation

1886

that the Commission’s final determination will be in accord with
the broader phases of social and economic laws, and in conformity
with sound engineering.

We feel that from an engineering standpoint the allocation system
should provide the greatest number of stations so geographically
distributed as to make the least wasteful use of the narrow
spectrums from SSO to 1600 kilocycles and to the end that the
entire public will receive the maximum possible service, both trans¬
mission and reception. We feel that in each community or section
of the country the transmitting facilities should have sufficient
power to render a good service in accord with the determined
needs of the community or section of the country. We also feel
that the allocation system should provide for facilities that will
enable service to be rendered to remote rural areas.

IV. Standards and Methods of Measurement With
Respect To

1. Power.

2. Tolerance.

3. Field intensity

4. Determination of service

5. Determination of interference.

The engineering testimony indicated clearly that the Engineering
Department’s standards with reference to the various factors
mentioned above are sound. We shall include them in the standards
of good engineering practice mentioned heretofore.

V. Apparatus Performance Requirements to Be Imposed
on Broadcast Stations.

1. Frequency stability.

Engineering testimony indicated that the present standards of
frequency stability, namely, SO cycles tolerance, is capable of being
maintained by all stations in the broadcast band 550-1600 kilocycles,
and that while many stations maintain better tolerance than 50
cycles, there is no distinct advantage to be gained.

“Zero beat” between all stations on the same channel can be ac¬
complished in practice and while there are methods available to
enable such accomplishment, the Engineering Department is of the
opinion that it is not practical at this time to change our existing
standard of 50 cycles. There was some evidence to the effect that
a 17 cycle difference might be useful, but the Engineering Depart¬
ment is not in accord with this suggestion because of the practical
difficulties involved in utilizing such a difference, even if it were
beneficial, which we do not at this time admit.

2. Antenna efficiency.

No engineering facts were given to indicate that the Engineering
Department’s standards with respect to antenna efficiency are
unsound.

3. Modulation.

No engineering facts were given to indicate that the present engi¬
neering requirements as to modulation are unsound. However,
evidence showed that certain stations are overmodulated, and that
there might be a desirability of requiring broadcast stations to
utilize apparatus which will automatically prevent overmodulation.
Overmodulation can be the source of much undesirable and objec¬
tionable interference. The Engineering Department will include in its
standards of good engineering practice some requirements with
respect to modulation.

4. Suppression of harmonics.

No evidence was given to indicate that the existing requirements
with respect to harmonics are unsound. The Engineering Depart¬
ment feels that while it may be desirable to increase the restrictions
with respect to harmonics, it is not practicable to do so at this time.

5. Fidelity of transmission.

This subject is interrelated with the subject of desired to un¬
desired ratios, mentioned heretofore with respect to the January
conference to be held by the Engineering Department. It is possible
that after that date the Engineering Department will have some
recommendations to submit.

6. Transmitter Location.

This subject is interrelated with that of the proper definition of
blanketing signal, which will be discussed at the January engineer¬
ing conference, and recommendations will be submitted subsequent
to that time.

VI. Effect of Any Proposals Regarding the Foregoing

Subjects.

1. Socially and economically , upon the public and the industry.

The four subjects on which there was the greatest difference of
opinion at the hearing were (a) allocation of frequencies to special
groups; (b) the use of powers of 500 kw. or greater; (c) horizontal
increase in power on existing stations operating simultaneously at
night on the same channel and (d) duplication of station frequency
assignments on existing clear channels.

(a) With respect to the allocation of frequencies to educational
groups, the latter indicated that they recognize the limita¬
tions of the existing band 550-1600 kc., and they had no
engineering suggestions to offer. Solely from a technical
standpoint and based upon the engineering evidence at the
hearing concerning the propagation qualities of frequencies
and the performance of various radio stations, the Engi¬
neering Department feels that to allocate a “block” of
frequencies in the band 550-1600 kc. to any special group
would be unsound engineering and would limit the service
which can be rendered to the public within the broadcast
band 550-1600 kc. both by the special group as well as by
all others.

It is the opinion of the Engineering Department that
the band 550-1600 kc. is too small a band with which to
solve the perplexing engineering problems presented by such
special groups, and that resort must be had to the ultra
high frequencies if the problems of these groups are to be
solved by the use of sound engineering. Consequently, the
Engineering Department feels that the suggestions of some
of the educational groups with respect to the ultra high
frequencies deserve the consideration of the Division.

In submitting these statements, we do not make at this
time any recommendations or any suggestions which deal
with the desirability or undesirability from a policy or
licensing standpoint of assigning frequencies to any special
group, because we believe that is not the function of this
Department, but the sole responsibility of the Commission.

The Engineering Department feels that if there were
imposed a requirement to allocate broadcast facilities
within the narrow band 550-1600 kc. to special groups
particular care must be taken to avoid unsound engineer¬
ing. From an engineering standpoint, each frequency
within the band should be utilized geographically in such
a manner that it is available for rendering good service to
a large portion of the public and not used technically so
as to limit the total availability of the band by wasteful
engineering methods.

It is possible that the inherent technical limitations in
the band 550-1600 kc. are so restrictive at to make the
question of allocation of frequencies to special groups a
subject of administrative action other than allocation
engineering in the band 550-1600 kc.

(b) With reference to the use of 500 kw. power, the technical
aspects of this subject have been discussed previously in
this report. We feel that recommendations covering social
and economic factors relating thereto are not within the
province of the Engineering Department.

(c) The question of increased power for regional and local
stations likewise has some economic features, but in this
connection the Commission is of course aware of the fact
that the relative increase in power of these classes of
stations does not present the same contract as does the
question of 500 kw. power for a few stations, and of course
if the Commission proceeds on an evolutionary basis, by
voluntary action on the part of the licensees, the economic
and social consequences involved in increasing power of
these classes of stations could be under control.

Naturally, there is a cost factor involved in any in¬
crease of power, because in many instances it requires addi¬
tional apparatus, but from the standpoint of individual
stations the question of whether or not the cost is insur¬
mountable can be determined by consideration of the in¬
dividual cases upon their engineering and economic merits
as well as upon other evidence involving public interest.

(d) In the matter of the duplication of some of the existing
assignments on clear channels, the Engineering Department
feels that if sound engineering is applied in each individual
case, as w'ell as consideration given to other important
factors upon their individual merits, the Commission
could in all probability accomplish an evolutionary im-

1887

provement in broadcast service to the public in every
section of the country.

2. Internationally, upon the use of the band 550-1600 kc. by
other countries in North and Central America.

The testimony given with respect to the use of the band 550-1600
kc. by other countries in North and Central America was not gone
into thoroughly at the October 5 hearing for obvious reasons.
Nevertheless, the Commission is aware of the situation with respect
to these nations. It is the opinion of the Engineering Department
that if the United States should proceed with the technical improve¬
ments suggested in this report, this country should, in all probability,
be in a more sound position with reference to our negotiations with
other nations on this continent.

3. Upon possible future use of frequencies in the bands 6000-
30,000 kc. and in the band above 30,000 kc. for broadcasting.

With reference to the effect upon the possible future use of fre¬
quencies in the band 6000-30,000 kc. and in the band above 30,000
kc., there was some testimony which indicated that if the industry
by reason of competitive factors, should be forced to expend huge
sums of money in improving facilities in the band 550-1600 kc.,
there might be some slowing up in the development of other broad¬
casting frequencies. However, evidence to the contrary was ex¬
pressed by other groups which indicated that the industry could bear
both expenses.

It is the opinion of the Engineering Department that in so far as
frequencies between 6000-30,000 kc. are concerned, the technical
limitations relative to the use of additional frequencies in this band,
combined with the great demand therefor by other nations, create a
situation wherein the industry as a whole would not be greatly
embarrassed by the lack of funds to develop these few channels,
and that this nation is capable of handling this situation without any
regard to the effect improvements in regular broadcast band may
or may not have thereon. ,

Regarding the use of frequencies above 30,000 kc., on which will
appear television, the Engineering Department feels that while there
may be some inability on the part of some of the existing licensees
or broadcasters to finance improvements in existing broadcast facili¬
ties in the band 550-1600 kc., there was sufficient evidence at the
hearing to indicate that others were capable of financing improve¬
ments in the existing structure as well as to finance heavily the
development of television. The Engineering Department sees no
valid reason why needed improvements in the existing broadcast
structure should be withheld from the public by reason of the possi¬
ble future development of television, particularly in view of the
evolutionary character of such regular broadcast improvements.
However, this is a matter which is of concern to the Commission as
a matter of policy, and hence we are not making any specific recom¬
mendations in this matter.

4. Probable effects of the recommendations of the Engineering
Department if same are approved by the Broadcast Division.

We believe that, while the Engineering Department may be quali¬
fied from a technical standpoint, for us to wander afield is fraught
with some peril. Nevertheless, we feel that since economies, social
requirements and allocation engineering are so closely related in
broadcasting, the Commission is entitled to our opinion of the
possible effect of our own engineering recommendations.

First, we feel that if our recommendations are approved there w’ill
result an evolutionary technical improvement of broadcasting
service to the public.

Second, it is our opinion that within the limitations inherent in
the narrow frequency band 550-1600 kc. the resultant technical
improvements in the broadcast structure will permit the maximum
service to the greatest number of the public.

Next, it is our opinion that through flexibility in the details of

the regulations and with the evolutionary procedure recommended
for accomplishing the technical improvements, the Commission
can exercise continuous control to prevent a radical upheaval which
would affect program service to the public.

It is also our opinion that with the policy of voluntary action on
the part of licensees or applicants, the Commission can avoid the dire
consequences of imposing costly burdens where economic justifica¬
tion may be lacking.

If the Commission keeps itself informed of the social and eco¬
nomic trends underlying the broadcast industry and will judge each
individual case on its merits, bearing in mind the economic effect of
granting of any applications on the broadcast service to the public,
the Commission will be able to proceed judicially and wisely in
improving service to the public.

All items in the proposed regulations involving direct cost to
existing licensees are those pertaining to possible increases in kilo¬
watt power. If the Commission in acting upon individual applica¬
tions is assured that the applicant has the funds, that there is valid
need for increasing power, and that there is evidence of continued
financial support for the station, there need be no fear of the dis¬
continuance of service to the community in which the station is
located.

As to the indirect effect of competition on the costs involved in
power increases or from additional stations, the Commission will
be guided solely by the facts in each case and the resulting deter¬
mination of what is in public interest.

We feel that with the evolutionary procedure recommended there
is no valid reason to believe that needed improvements of broad¬
casting service in the band 550-1600 kc. will retard proper develop¬
ment of broadcasting in other bands by reason of lack of funds to
finance such development. It is our belief that the public needs im¬
proved service in the band 550-1600 kc. and that when this be
accomplished the industry will be in a better position to handle the
newer developments which are certain to come when and if there
is a public demand and an economic justification therefore.

In conclusion, it has been the objective of the Engineering De¬
partment to recommend such changes in the Rules and Regula¬
tions pertaining to broadcasting in the band 550-1600 kc. that will
result in the accomplishment of the following:

(1) The maximum availability in all sections of the country of
broadcast facilities both of transmission and reception, hav¬
ing proper regard for the inherent technical limitations im¬
posed by the narrow band of frequencies between 550 and
1600 kc.

(2) From a technical standpoint, an improved service to the
public consistent with sound engineering principles and
abreast technical progress in the art.

(3) The possibility for the Commission to secure greater freedom
of action in determining the corelation between the technical,
economic and social factors of broadcasting.

(4) An improvement in broadcast service to the public where
needed and where economically justified through voluntary

evolutionary action on the part of the entire broadcast
industry including both those who operate or manufacture
for profit as well as those who do not operate stations for
profit.

(5) Rules and Regulations which are in accord with existing
practical conditions.

(6) An opportunity for all existing licensees, particularly low
power “local” stations, to improve service to the public.

T. A. M. CRAVEN,

January 11, 1937.

Chief Engineer.
A. D. RING,

Assistant Chief Engineer.

1888

The National Association of Broadcasters

NATIONAL PRESS BUILDING * * » » * WASHINGTON, D, C.

JAMES W. BALDWIN, Managing Director

NAB REPORTS .....

Copyright, 1937. The National Association of Broadcasters

Vol. 5 - - No. 3
JAN. 21, 1937

IN THIS ISSUE

Sales Managers Meet .

NAB President Attends Sales Meeting .

Connery Radio Investigation .

New California Station Recommended .

Securities Act Registration .

Recommendation Favors New Honolulu Station

Radio Advertising Bill .

Broadcast Measurements .

Denial of Changes Recommended for WMAS . . .

Scott Radio Bills .

Electrical Expert Named .

New Michigan Station Recommended .

Federal Trade Commission Action .

FTC Closes Cases .

Federal Communications Commission Action. . .

Connery Radio Resolution .

Scott Radio Records Bill .

Scott Radio Censorship Bill .

Scott Radio Time Allotment Bill .

Culkin Radio Advertising Bill .

Page

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NAB PRESIDENT ATTENDS SALES MEETING

C. W. Myers (KOIN-KALE) Portland, Oregon, attended the
sales managers meeting in Chicago this week. Other officers in at¬
tendance included Arthur B. Church (KMBC), and John Patt
(WGAR), director, H. K. Carpenter, Chairman of the commercial
section and James W. Baldwin, managing director.

SALES MANAGERS MEET

More than 80 sales executives attended the meeting of the sales
managers division this week (January 18 and 19) at Chicago,
Illinois.

The meeting was the culmination of intensive and aggressive
work on the part of Buryi Lotteridge (KFAB-KOIL, Omaha)
Sales Division Chairman.

The story of the meeting will appear in a subsequent issue of
NAB Report and as soon as a transcript of the proceedings is
available.

CONNERY RADIO INVESTIGATION

Representative Connery of Massachusetts has introduced a reso¬
lution in the House (H. Res. 61) for the appointment of a special
committee by the Speaker of the House to make a thorough
investigation of radio and radio activities. The resolution, which
has been referred to the House Committee on Rules, will be found
in full on page 1896.

NEW CALIFORNIA STATION RECOMMENDED

Luther E. Gibson doing business as the Times-Herald Publishing
Company applied to the Federal Communications Commission for
a construction permit for the erection of a new broadcasting
station at Vallejo, Cal. He asked for 1320 kilocycles, 250 watts
power and daytime operation.

Examiner John P. Bramhall in Report No. 1-335 recommended
that the application be granted. He found that there is a need
for daytime service in the area proposed to be served. The Ex¬
aminer discusses interference with various stations and applications
already on file with the Commission but found that granting this
application would not cause any undue interference either with
existing or proposed stations.

Cinema Magazine, Inc., New York City (2-2746, Form A-l).

Kentucky Mansion Distillery, Louisville, Ky. (2-2747, Form
A-l).

Davega Stores Corporation, New York City (2-2748, Form A-2).

United States Potash Company, New York City (2-2749, Form
A-2).

The Indiana Steel Products Company, Chicago, Ill. (2-2750,
Form A-2) .

Fairchild Engine and Airplane Corporation, New York City
(2-2751, Form A-l).

National Funding Corporation, Los Angeles, Cal. (2-2752, Form
A-2).

Associated General Utilities Company, Jersey City, N. J. (2-2753,
Form A-2).

Gold Star Radio and Television Corporation, Boston, Mass.
(2-2754, Form A-l).

Oakmere Cemetery Association, Inc., Stapleton, Staten Island,
N. Y. (2-2755, Form E-l).

Manufacturers Trading Corporation, Cleveland, Ohio (2-2756,
Form A-l).

Union Wire Rope Corporation, Kansas City, Mo. (2-2757, Form
A-2).

Belden Manufacturing Company, Chicago, Ill. (2-2758, Form
A-2).

Fontenelle Brewing Company, Omaha, Neb. (2-2759, Form A-l).

Western Petroleum Company, Aztec, N. M. (2-2760, Form A-l).

Lyons Finance Service, Inc., Philadelphia, Pa. (2-2761, Form
A-2).

E. L. Bruce Company, Memphis, Tenn. (2-2762, Form A-2).

Condor Pictures, Inc., New York City (2-2763, Form A-l).

Panhandle Eastern Pipe Line Company, Kansas City, Mo.
(2-2764, Form A-l).

National Aircraft Company, Los Angeles, Cal. (2-2765, Form
A-l).

Detrola Radio and Television Corporation, Detroit, Mich.
(2-2766, Form A-l).

Kaw-Crow Patricia Gold Mines Limited, Toronto, Canada
(2-2768, Form A-l).

Gateway Patricia Gold Mines Limited, Toronto, Canada (2-2769,
Form Al).

Winoga Patricia Gold Mines Limited, Toronto, Canada (2-2770,
Form A-l) .

The Colonial Finance Company, Lima, Ohio (2-2771, Form A-2).

Diamond T Motor Car Company, Chicago, Ill. (2-2772, Form
A-2).

Southern California Water Company, Los Angeles, Cal. (2-2773,
Form A-2).

Gardner-Denver Company, Quincy, Ill. (2-2774, Form A-2).

RECOMMENDATION FAVORS NEW HONOLULU
STATION

The Advertising Publishing Company, Ltd., applied to the Fed¬
eral Communications Commission for a construction permit for the
erection of a new broadcasting station at Honolulu, Hawaii to use
1370 kilocycles, 100 watts and unlimited time on the air. Also
Fred J. Hart applied to the Commission to erect a station at the
same place to use 600 kilocycles, 250 watts and unlimited time on
the air.

Examiner Robert L. Irwin in Report No. 1-336 recommended
that the application of the Publishing Company be granted but
that of Hart be denied. There is need for additional radio service
in the proposed coverage area, the Examiner states. In connection
with the application of Hart the Examiner says that he filed it
“with the intention of transferring control of any license or
permit that might be acquired to parties who are not applicants
and who do not appear in this proceeding.”

SECURITIES ACT REGISTRATIONS

RADIO ADVERTISING BILL

The following Companies have filed registration statements with
the Securities & Exchange Commission under the Securities Act:

Representative Culkin, of New York has introduced a bill (H. R.
3140) in the House “to prohibit the advertising of alcoholic bever-

1889

ages by radio, and for other purposes.” The bill has been referred
to the House Committee on Interstate and Foreign Commerce
and will be found in complete text on page 1897.

BROADCAST MEASUREMENTS

The Federal Communications Commission has announced that
during the month of December, 613 stations were measured, with
61 not being measured.

Of the number of stations measured the maximum deviation
within 0-10 cycles was 497; between 11-25 cycles, 96; between
26-50 cycles, 17; and over 50 cycles 3.

DENIAL OF CHANGES RECOMMENDED FOR
WMAS

Broadcasting Station WMAS, Springfield, Mass., applied to the
Federal Communications Commission to change its frequency from
1420 to 560 kilocycles; its power from 100 and 250 watts LS to
1,000 watts; and to leave its hours of operation at unlimited as
at present.

Examiner Melvin H. Dalberg in Report No. 1-339 recommended
that the application be denied. He states that “the granting of
this application would result in causing severe objectionable inter¬
ference to Station WDEV in the late afternoon hours. In view
of the use of the directive antenna proposed by the applicant, no
interference would occur to Station WFIL, but serious objection¬
able interference would be caused to the applicant by Station
WFIL at night.”

SCOTT RADIO BILLS

Representative Scott of California has introduced three radio
bills in the House (H. R. 3033, 3038 and 3039) all of which are
amendments to the Communications Act of 1934. They were all
referred to the House Committee on Interstate and Foreign Com¬
merce and will be found in full beginning on page 1896 of this
issue.

ELECTRICAL EXPERT NAMED

Appointment of John H. Payne as Chief, Electrical Division,
Bureau of Foreign and Domestic Commerce, succeeding Andrew W.
Cruse who recently resigned, has been announced by Daniel C.
Roper, Secretary of Commerce.

This appointment was the result of harmonious collaboration
between the electrical industry and the Administration, and was
preceded by a number of conferences of officials of the Department
of Commerce and leaders in the electrical equipment and allied
products industry, in which the selection of a person to fill the
position was discussed.

Born in Titusville, Pennsylvania, Mr. Payne attended the Fos-
toria, Ohio, high school, and was later graduated from the Armour
Institute of Technology, Chicago.

For fifteen years he has been connected with the Westinghouse
Electric Company in representative and executive capacities. He
has resigned from the service of that organization to enter upon
his new duties with the Federal Government.

Mr. Payne brings to his new position the experience gained by
25 years of active service in various phases of the electrical in¬
dustry, 12 years of which were devoted to the development and
handling of export business.

NEW MICHIGAN STATION RECOMMENDED

The Port Huron Broadcasting Company applied to the Federal
Communications Commission for a construction permit for the
erection of a new broadcasting station at Port Huron, Mich., ask¬
ing to use 1370 kilocycles, 250 watts and daytime operation.

Examiner John P. Bramhall in Report No. 1-338 recommended
that the application be granted. He found that the applicants
showed a definite need for daytime service in the area proposed
to be served. He recommended that the application be granted
and that it be conditioned “upon the selection of an approved
site.”

FEDERAL TRADE COMMISSION ACTION
Complaints

The Federal Trade Commission has alleged unfair competition
in complaints 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.

No. 3031. The Great Atlantic and Pacific Tea Company,

owner and operator of more than 14,000 retail grocery stores, is
charged with violation of the Robinson-Patman Anti-Price Dis¬
crimination Act, in a complaint. The complaint specifically alleges
that The Great Atlantic and Pacific Tea Company, by accepting
allowances or discounts in lieu of brokerage from certain corpora¬
tions, firms and individuals from whom it purchases merchandise,
has violated section 2 (c) of the Act, which provides:

“That it shall be unlawful for any person engaged in com¬
merce, in the course of such commerce, to pay or grant, or to
receive or accept, anything of value as a commission, broker¬
age, or other compensation or any allowance or discount in
lieu thereof, except for services rendered in connection with
the sale or purchase of goods, wares, or merchandise, either
to the other party to such transaction or to an agent, repre¬
sentative, or other intermediary therein where such inter¬
mediary is acting in fact for or in behalf, or is subject to the
direct or indirect control, of any party to such transaction
other than the person by whom such compensation is so
granted or paid.”

Among the numerous corporations, firms and individuals from
which the respondent corporation allegedly accepts discounts and
allowances, the following are named in the complaint:

Alton Canning Co., Inc., Alton, N. Y. ; Fred B. Huxley, trading
as F. B. Huxley & Son, Alton, N. Y. ; The H. J. McGrath Co,
Baltimore; H. C. Roberts, trading as W. H. Roberts & Co., Balti¬
more; R. J. Peacock Canning Co., Lubec, Me.; Phillips Packing
Co., Inc., and Phillips Sales Co., Inc., Cambridge, Md.; and
Philips Commission Company of Maryland, Inc., Baltimore.

The respondent corporation is allowed 20 days from the service
of the complaint to file answer to the charges contained therein.

No. 3032. Biddle Purchasing Co., 107 Chambers St., New
York City, operating market information and purchasing services,
and 13 companies engaged either in buying or selling foodstuffs
and groceries through the Biddle Company, are named respondents
in a complaint, charging violation of section 2 (c) of the Robinson-
Patman Anti-Price Discrimination Act, which provides:

“That it shall be unlawful for any person engaged in com¬
merce, in the course of such commerce, to pay or grant, or to
receive or accept, anything of value as a commission, broker¬
age, or other compensation, or any allowance or discount in
lieu thereof, except for services rendered in connection with
the sale or purchase of goods, wares, or merchandise, either
to the other party to such transaction or to an agent, repre¬
sentative, or other intermediary therein where such inter¬
mediary is acting in fact for or in behalf, or is subject to the
direct or indirect control, of any party to such transaction
other than the person by whom such compensation is so
granted or paid.”

Respondent companies classified in the complaint as buyers are:

General Grocer Co., 301 South 8th St., St. Louis, Mo.; Smart &
Final, Ltd., 315 Marine Ave., Wilmington, Calif.; The Eavey Co.,
Xenia, O. ; Michigan Trading Corporation, 140 12th St., Detroit;
C. G. Meaker Co., Inc., 139 Wall St., Auburn, N. Y.; Middendorf
& Rohrs, a co-partnership composed of Peter and John Rohrs,
3 Little West 12th St., New York City, and Koll Grocer Co.,
Owensboro, Ky.

Respondent companies designated as sellers are:

Dannemiller Coffee Co., 1 1 6-39th St., Brooklyn; Colonial Mo¬
lasses Co., Inc., 616 Kent Ave., Brooklyn; Albert Dickinson Co.,
2750 West 35th St., Chicago; Ervin A. Rice Co., 2230 South
LaSalle St., Chicago ; Cava Packing Co., Salinas, Calif., and God-
chaux Sugars, Inc., Masonic Temple Building, New Orleans.

No. 3033. Use of unfair trade practices in connection with the
sale of soap, which it represents to be olive oil Castile and of
Spanish or Italian origin, when such is not a fact, is alleged in a
complaint issued against Babiglo Company, Inc., 37 West 20th
St., New York City.

The respondent company, the complaint charges, purchases
soap for resale, and brands it with designations which are said
to represent, and to lead purchasers to erroneously believe, that
it is made wholly or predominantly of imported Spanish olive
oil, or is a Spanish product made of olive oil, or is of Spanish
or Italian origin.

According to the complaint, such representations are false, and
the brands advertised and sold as “Castile Soap” made of imported
oil are not manufactured, as claimed, from olive oil, but are
highly adulterated soaps, saponified and mixed with other oils and
fats, having for their fatty base large percentages of cocoanut oil,

1890

palm kernel oil and tallow, containing either a small percentage of
olive oil or none at all.

No. 3034. Alleging unfair trade representations in the sale of
pencils, a complaint has been issued against United States Pencil
Co., Inc., 487 Broadway, New York City.

Selling to jobbers, retailers and others, the respondent company
is alleged to have advertised “High quality pencils at a tremendous
saving,” specifying that the regular $5 grade was being offered at
$2.75 per gross or “A 5<^ pencil at less than 24 each.”

The complaint charges that the products thus advertised were
not of a regular $5 grade, but of a less expensive grade sold at a
lower price, and that other articles offered by the respondent
company as “free” with an order for pencils, were not given free
but the cost was included in the price paid by purchasers of the
pencils.

No. 3036. Charging unfair competition in the sale of fur prod¬
ucts, a complaint has been issued against Benjamin Tucker, 194
Livingston St., Brooklyn, N. Y., trading as Ben Tucker’s and
Hudson Bay Fur Co.

Furs and fur coats were represented by Tucker as “Beaver,”
“Hudson Seal,” “Mink Marmot” and by other similar names when,
according to the complaint, such garments were made from furs
and skins other than and in many cases inferior to those of the
seal, beaver and mink.

Other similar misrepresentations were alleged, and in certain
advertisements the respondent is said to have used various names
of furs without qualifications of any kind. In other advertisements,
he allegedly used the qualifying words “dyed coney,” “dyed musk¬
rat” or “processed lamb,” in footnotes purporting to refer to the
fur coats described in the advertisements but in such small type
as to be practically unreadable, and not in close proximity to the
fur designations set out.

Stipulations and Orders

The Commission has issued the following cease and desist orders
and stipulations:

No. 1724. Voneiff, Drayer Co., 1606 Harford Ave., Baltimore,
has been ordered to cease and desist from selling candy so packed
and assembled that sales to ultimate purchasers are made by
means of a lottery, gaming device or gift enterprise.

The order also prohibits placing in the hands of wholesalers and
jobbers, packages of candy which may be used without alteration
to conduct a lottery or gift enterprise, and bars the packing or
assembling in the same packages of uniform sized candies having
different colored centers, together with larger pieces of candy,
which larger pieces are to be given as prizes to the purchaser pro¬
curing a piece of candy with a center of a particular color.

No. 1846. Under a stipulation entered into, William A. Buck¬
ner and Harry E. Cleason, trading as Buckner Manufacturing
Company, 1615 Blackstone Ave., Fresno, Calif., have agreed to
discontinue advertising that the Buckner snap valve, which they
manufacture and sell in interstate commerce, is the original or
only snap valve on the market, or the first quick-coupling valve.

According to the stipulation, there were other snap valves on
the market both before and at the time the Buckner Manufac¬
turing Company advertised its product as the first and only such
valve.

Nos. 1874 and 1876. C. DeWitt Lukens Surgical Supply
Co., 4908 Laclede Ave., St. Louis, trading as Duray Chemical
Co., and Percy LeMon Clark, Jr., and Philip A. Lieber, 310
South Michigan Ave., Chicago, trading as Cervicol Labora¬
tories, agree to stop unfair representations in the sale of products
said to be contraceptives. The Chicago firm will also cease use
of the word “laboratories” as part of its trade name under which to
carry on its business, when in fact it does not own or control
laboratories, and will ban use in advertisements of a fictitious
portrait with or without a fictitious name and the letters “M. D.”
in a manner implying that the portrait is that of a real individual,
that his name is as stated, or that he is a physician, when such are
not the facts.

No. 1877. Canadian Fur Trappers Corporation, 156 West
34th St., New York, agreed to stop using the words “Canadian”
or “Fur Trappers” in any manner so as to imply that it is a
Canadian corporation, or is engaged in shooting or trapping fur¬
bearing animals in Canada or elsewhere, or that it buys its furs
from trappers. The corporation also will stop using in radio
broadcasts such program titles as “Fur Trappers Dance Period,”
implying that it is an association of trappers or a direct producer
of furs. The corporation further agreed to discontinue describing
furs in any other manner than by use of the correct name of the
fur as the last word of the description; and when any dye or

blend is used in simulating another fur, that fact shall be made
known in the advertising matter.

No. 1878. Belmont Products Company, Calhoun and Lewis
Sts., Fort Wayne, Ind., in the sale of flavoring products, stipu¬
lated that it would cease using on labels, or in any manner as
descriptive of its products, the phrase “Dollar Value,” when such
alleged valuation is greatly in excess of the actual value and much
greater than the price for which the products are sold and intended
to be sold in the usual course of trade; and stop employing the
same phrase in connection with a suggested retail price of less than
$1, so as to cause the purchaser to believe that the cost has been
reduced and that he is obtaining for the lower price a product
having a dollar value.

The corporation also will discontinue use of the words “vanilla”
or “lemon” to represent products not composed wholly of vanilla
or the juice of the lemon. If the products are imitation flavors,
and “vanilla” or “lemon” is used to describe them, then such words
shall be immediately accompanied by the word “imitation” in type
equally conspicuous. The corporation further agreed to desist from
use of the words “double strength” or “extra strength” to designate
products which are not of double or extra strength.

No. 1880. Montgomery Ward & Co., Chicago, in connection
with the sale of articles of furniture, signed a stipulation to dis¬
continue using in advertising certain phrases containing some form
of the word “veneer” to describe products not wholly covered with
veneer. However, the stipulation provides that if the articles of
furniture are not wholly covered with veneer and the phrases
referred to are used to describe them, then the other woods of
which the exposed surfaces of such products are composed shall be
designated in the advertising matter. Use of the words “verified
value,” to describe products whose value has not been ascertained
by an impartial organization, also is to be stopped.

No. 1881. Purex Corporation, Ltd., 1001 East 62d Street,
Los Angeles, selling “Purex”, for dairy and poultry sanitation,
agrees to stop advertising that its products has germicidal or dis¬
infectant properties when taken internally by poultry or other
domestic animals; that, when used for bathing domestic live stock,
it will aid in disinfecting surface cuts or sores and in preventing
spread of contagious diseases, and that it is non-poisonous under
all circumstances or conditions.

No. 1882. Albert S. Braaten, 4 4th St., South, Moorhead,
Minn., trading as More-X Graphite Co., engaged in compound¬
ing an auxiliary lubricant with a colloidal graphite base, intended
to be added to ordinary lubricating oils and motor fuel oils, agrees
to stop advertising that by use of “More-X,” friction has or can
be reduced as much as 50 per cent, or in any other exaggerated
degree not warranted by experiments conducted under scientific
test conditions; or that the quantity of oil required to be used can
be reduced. The respondent also will stop asserting that wear or
repairs are stopped by use of “More-X”; that its use makes it
possible for a motor to function for phenomenal lengths of time
without damage, with no oil in the crankcase; that “More-X”
defies heat and lubricates up to 7500 degrees, and penetrates or
adheres to the metal surfaces of motors, or penetrates the pores.
The respondent agrees to discontinue use of extravagant and mis¬
leading claims of superiority of “More-X” over other similar
lubricants.

No. 1883. Gaylord Manufacturing Co., 1227 Washington
Blvd., Chicago, sells a multiple speed fan having a so-called
“purifying” attachment composed of two electrically heated devices
which vaporize chemicals introduced into the air current by a
circulator. The chemicals, according to the stipulation, consist of
chlorine and formaldehyde, the strong order of which is neutralized
by perfume.

Use in advertising of the words “air conditioning,” either alone
or in connection with the word “system.” “unit,” or “features,”
so as to imply that the device is capable of performing air con¬
ditioning, will be discontinued, as will the use in advertising of the
word “sterilizes,” so as to imply that the device actually destroys
all germs within the space in which it operates. The word “deodor¬
izes” will not be used so as to impart that the device actually
destroys or absorbs offensive odors within the space in which it
operates.

The respondent company will also discontinue use of the phrase
“ Fresh ’nd- Aire Alone Accomplishes Cooling Effects of 8 to 10
Degrees Lower Temperatures in Summer,” and will eliminate from
its corporate name the word “Manufacturing” so used as to imply
that the company owns and operates a factory wherein its products
are made, when this is not a fact.

No. 1885. Cooperative Distributors, Inc., 36 Irving Place,
New York City, in the sale of razor blades, agrees to stop adver¬
tising to the effect that it made tests of competing razor blades
produced by all blade manufacturers in America, and that not one

1891

of such blades was good or dependable. It also agreed to cease
employing representations of similar meaning, the effect of which
is to unwarrantably disparage the products of competitors. The
respondent corporation also agrees to bar use of the advertising
assertion that “samples were sent to 1200 shaver-consumers for
testing. This time more than 90 per cent reported them eminently
satisfactory.” This representation, according to the stipulation,
exaggerated the percentage of persons reporting, and misconstrued
many of their answers.

The respondent corporation agrees to stop using in advertising
representations such as that “Blades in some cases were being
made purposely bad in order to increase turnover and sky-rocket
sales,” when, according to the stipulation, this assertion was not
warranted by the facts.

No. 2395. Imperial Distillers Co., 12001 East Jefferson Ave.,
Detroit, has been ordered to cease and desist from representing
that it is a distiller of whiskey, gin and other spirituous beverages,
when such is not a fact.

Under the order, the respondent corporation is prohibited from
representing, through use of the word “Distillers” in its corporate
name, on labels, or otherwise, that it is a distiller of spirituous
beverages, that it manufactures such products through the process
of distillation, or that it owns or operates a distillery, unless it
actually does own or operate such a place.

The order excepts from its provisions gin made by respondent
through a process of rectification whereby alcohol, purchased but
not produced by the respondent corporation, is redistilled over
juniper berries and other aromatics.

No. 2397. Banner Distilling Co., 2100 South Morgan St.,
Chicago, has been ordered to cease and desist from representing
that it is a distiller of whiskey, gin and other spirituous beverages,
when such is not a fact.

Under the order, the respondent corporation is prohibited from
representing, through use of the word “distilling” in its corporate
name, on labels, or otherwise, that it is a distiller of spirituous
beverages, that it manufactures such products through the process
of distillation, or that it owns or operates a distillery, unless it
actually does own or operate such a place.

No. 2652. Unfair trade representations in the sale of a refer¬
ence work and loose-leaf extension service are prohibited in an
order to cease and desist issued against Bernhart P. Holst, of
Boone, Iowa, trading as Holst Publishing Co., and others.

Among practices specifically barred are assertions that a pur¬
chaser is being given a set of books free because of his exceptional
ability in his chosen trade or profession, when this is not a fact;
that the reference work has been substantially enlarged and brought
down to date, until and unless such is a fact; and that a person
buying the reference work is only paying for an extension service
to keep the books up to date, when in fact the price he pays
covers the entire set.

The respondents are directed to stop representing that Bernhart
P. Holst, or any other person, firm or corporation, is a bona fide
purchaser for value without notice of the contracts executed by pur¬
chasers in buying the reference work and extension service, when
such is not a fact.

No. 2855. An order to cease and desist has been issued against
A. O. Leonard, Inc., 70 Fifth Ave., New ¥ork, directing dis¬
continuance of certain unfair competitive methods in the inter¬
state sale of “Leonard’s Ear Oil.”

The respondent company is ordered to stop representing that its
product is an ear oil or that it has such therapeutic properties as to
relieve deafness, and to cease making assertions of similar import
and effect.

FTC CLOSES CASES

The Federal Trade Commission has announced the closing and
dismissal of the following cases.

No. 2468. An order has been issued closing the Commission’s
case against United Distillers Importers, Inc., 1020 West 7th St.,
Los Angeles. The complaint alleged unfair competition in use of
the word “Distillers” in the corporate name and in advertising.

The case was ordered closed because, according to information
received by the Commission, the respondent company has not
engaged in the liquor business since June 30, 1935, has renewed
none of its permits or licenses under either State or Federal
governments, and it appears unlikely that the company will re¬
sume the acts and practices alleged in the complaint.

No. 2727. The Commission has dismissed a complaint which
charged Nuway Printing Co., 12 South Clinton St., Chicago, with
unfair competition in the sale of dental record cards.

The respondent company also trades under the name Professional
Record Card Co.

No. 2918. The Commission has entered an order closing its case
against John D. Myers, trading as John Sterling Remedy Co.,
1600 Bryant Building, Kansas City, Mo., which was charged with
unfair competition. The case was closed because the respondent
company is no longer in business. The closing order was made
without prejudice to the Commission’s right to reopen the case
should it become advisable.

FEDERAL COMMUNICATIONS COMMISSION
ACTION

HEARING CALENDAR

The following broadcast hearings are scheduled at the Commis¬
sion for the week beginning Monday, January 25.

Monday, January 25

HEARING BEFORE AN EXAMINER
(Broadcast)

NEW — Eastern Broadcasting Co., Portland, Maine. — C. P., 1210
ltc., 100 watts, unlimited time.

NEW- — Cumberland Broadcasting Co., Inc., Portland, Maine. —
C. P., 1210 kc., 100 watts, unlimited time.

NEW — Twin City Broadcasting Co., Inc., Lewiston, Maine. —
C. P., 1210 kc., 100 watts, unlimited time.

NEW — Philip J. Wiseman, Lewiston, Maine. — C. P., 1210 kc., 100
watts, unlimited time.

NEW — Harriett M. Alleman and Helen W. MacLellan, d/b as Cape
Cod Broadcasting Co., Barnstable Township, Mass. — C. P.,
1210 kc., 100 watts, 250 watts LS, unlimited time.

NEW— George M. Haskins, Hyannis, Mass. — C. P., 1210 kc., 100
watts, 250 watts LS., unlimited time.

NEW — James D. Scannell, Lewiston, Maine. — C. P., 1420 kc., 100
watts, unlimited time.

NEW — Arthur E. Seagrave, Lewiston, Maine. — C. P., 1420 kc.,
100 watts, 250 watts LS, unlimited time.

Thursday, January 28

ORAL ARGUMENT BEFORE THE BROADCAST
DIVISION

Examiner’s Report No. 1-295:

NEW — Metro Broadcasting Co., Los Angeles, Calif. — C. P., 820 kc.,
250 watts, limited with WHAS.

Examiner’s Report No. 1-300:

KUJ — KUJ, Inc., Walla Walla, Wash.— C. P., 1250 kc., 250 watts,
unlimited time. Present assignment: 1370 kc., 100 watts,
unlimited time.

Examiner’s Report No. 1-303:

WNRI — S. George Webb, Newport, R. I. — Modification of C. P.,
1200 kc., 100 watts, 250 watts LS, unlimited time.

NEW — E. Anthony & Sons, Inc., Pawtucket, R. I. — C. P., 1200 kc.,
100 watts, 250 watts LS, unlimited time (requests facilities
of WNRI).

WTHT — The Hartford Times, Inc., Hartford, Conn. — Modification
of C. P., 1200 kc., 100 watts, unlimited time (requests facili¬
ties of WNRI) .

Examiner’s Report No. 1-305:

NEW — The Pottsville Broadcasting Co., Pottsville, Pa. — C. P., 580
kc., 250 watts, daytime.

APPLICATIONS GRANTED

WMFJ — W. Wright Esch, Daytona Beach, Fla. — Granted C. P. to
install new equipment and vertical radiator.

KOIL — Central States Broadcasting Co., Omaha, Nebr. — Granted
amended C. P. to move transmitter site locally about 1.93
miles; install vertical radiator; change composite equipment;
increase day power from 2)4KW to 5 KW.

KTAT — Tarrant Broadcasting Co., Fort Worth, Tex. — Granted
C. P. to install new equipment and vertical radiator.

KOBH — Black Hills Broadcast Co., Robert Lee Dean, V.-P., Rapid
City, S. Dak. — Granted license to cover C. P. and modifica¬
tions; 1376 kc., 100 watts, unlimited.

KARK — Arkansas Radio & Equipment Co., Little Rock, Ark. —
Granted license to cover C. P. as modified; 890 kc., 500
watts night, 1 KW day, unlimited.

1892

KSCJ— Perkins Bros. Co., The Sioux City Journal, Sioux City,
Iowa. — Granted license to cover C. P.; 1330 kc., 250 watts
night, day, for auxiliary purposes only.

KPPC — Pasadena Presbyterian Church, Pasadena, Calif. — Granted
license to cover C. P.; 1210 kc., 100 watts, night-day, shares
with KFXM.

WGPC — Americus Broadcast Corp., Albany, Ga. — Granted license
covering Cy P. as modified; 1420 kc., 100 watts, unlimited.
The license is granted on a temporary basis subject to deci¬
sion in case of H. Wimpy requesting facilities of WGPC.
KGGC — The Golden Gate Broadcasting Co., San Francisco, Calif. —
Granted license to cover C. P.; 1420 kc., 100 watts night-
day; specified hours.

WATL — J. W. Woodruff, d/b as Atlanta Broadcasting Co., Atlanta,
Ga. — Granted modification of C. P. to reduce height of
authorized 1 72-ft. vertical radiator to 145 ft.; install equip¬
ment other than that authorized.

WEDC — Emil Denemark, Inc., Chicago, Ill. — Granted modification
of license (amended) to delete hours of operation after mid¬
night; erect new vertical radiating system. Application dis¬
missed from hearing docket.

WATR — The WATR Co., Inc., Waterbury, Conn.— Granted re¬
newal of license for the period Feb. 1 to Aug. 1, 1937. y

WLW — The Crosley Radio Corp., Cincinnati, Ohio. — Granted ex¬
tension of special experimental authority to operate with 500
KW day and night, using directional antenna at night, for
period Feb. 1 to Aug. 1, 1937.

KIRO — Queen City Broadcasting Co., Seattle, Wash. — Granted ex¬
tension of special experimental authority to operate unlimited
time on 710 kc., 1 KW, for period Feb. 1 to Aug. 1, 1937.
KWKH — International Broadcasting Corp., Shreveport, La. —
Granted extension of special experimental authority to op¬
erate on frequency 1100 kc., 10 KW, unlimited, with direc¬
tional antenna night, for period Feb. 1 to Aug. 1, 1937.
WPTF — WPTF Radio Co., Raleigh, N. C. — Granted extension of
special experimental authority to operate with 5 KW power,
sunset at KPO to 11 p. m., EST, directional antenna sys¬
tem, for period ending Aug. 1, 1937.

WSFA — Montgomery Broadcasting Co., Inc., Montgomery, Ala. —
Granted authority to make changes in automatic frequency
control apparatus.

KFUO — Evangelical Lutheran Synod of Missouri, Etc., Clayton,
Mo. — Granted authority (conditionally) to determine operat¬
ing power by direct measurement of antenna input.

NEW — Isle of Dreams Broadcasting Corp., Mobile (Miami, Fla.) . —
Granted C. P. for new experimental high relay broadcast
station; frequencies 31100, 34600, 37600 and 40600 kc.,
10 watts.

W4XB— Isle of Dreams Broadcasting Corp., Miami, Fla. — Granted
C. P. to install new equipment; increase power from 250
watts to 5 KW.

W8XHX — The Evening News Asso., Inc., Portable-Mobile. —
Granted license to cover C. P. for new experimental relay
broadcast station ; frequencies 90,000, 100,000, 200,000 and
300,000 kc., 1 watt.

W9XAA — Chicago Federation of Labor, Chicago, Ill. — Granted
modification of C. P. for changes in equipment; increase
power to 20 KW ; extend commencement date to 3-1-37 and
completion date to Aug. 1, 1937.

RENEWAL OF LICENSES

The following stations were granted renewal of licenses for the
regular period:

KFBI, Abilene, Kans.; KMMJ, Clay Center, Nebr.; KSOO,
Sioux Falls, S. Dak.; WCBD, Chicago; WDZ, Tuscola, Ill.; WPG,
Atlantic City, N. J.; WSPR, Springfield, Mass.; WTAM, Cleve¬
land, Ohio.

SPECIAL AUTHORIZATIONS

KPAC — Port Arthur College, Port Arthur, Tex. — Granted special
temporary authority to operate from 5:30 p. m. to 12 mid¬
night, CST, Jan. 28, in order to broadcast the mid-term
graduation exercises of Thomas Jefferson Senior High School
of Port Arthur.

WMBG — Havens & Martin, Inc,, Richmond, Va. — Granted exten¬
sion of special temporary authority to operate from 5:30 to
7 p. m., EST, on Sundays, during month of February (pro¬
vided WBBL remains silent) in order to broadcast special
programs.

WLBC — Donald A. Burton, Muncie, Ind. — Granted special tempo¬
rary authority to operate simultaneously with WTRC from

6 to 7:30 p. m., CST, nights of Feb. 1, 3, 5, 9, 12, 13, 15,
17, 19, 25 and 26, 1937, in order to broadcast basketball
games of Muncie Central High School, Burris High School
of Muncie and Ball State Teachers College; also operate
simultaneously with WTRC from 7:30 to 10 p. m., CST,
nights of Feb. 14, 21 and 28, 1937, in order to broadcast
services of St. Mary’s Church of Muncie.

WNAD — University of Oklahoma, Norman, Okla. — Granted special
temporary authority to operate from 2 to 4 p. m., CST,
Feb. 1, 2, 3, 4, 8, 9, 10, 11, 15, 16, 17, 18, 22, 23, 24 and 25;
also 2 to 3 p. m., CST, Feb. 12 (provided KGGF remains
silent), in order to broadcast special educational programs.

WFIL — WFIL Broadcasting Co., Philadelphia, Pa. — Granted ex¬
tension of special temporary authority to operate on 580 kc.,
with 1 KW at night, during month of February, 1937, pend¬
ing filing of and action on license application to cover C. P.
for this authority.

APPLICATION DENIED

WSAZ — WSAZ, Inc., Huntington, W. Va.— Denied special tem¬
porary authority to operate from 1 to 4 a. m., EST, Jan.
10, 17, 24 and 31, 1937, in order to broadcast regular pro¬
grams.

SET FOR HEARING

NEW — Anne Jay Levine, Palm Springs, Calif. — Application for
C. P. for new broadcast station at Palm Springs, Calif., to
operate on 1200 kc., 100 watts night, 250 watts day, un¬
limited time.

NEW — Vancouver Radio Corp., Vancouver, Wash. — Application
for C. P. for new broadcast station at Vancouver, Wash.,
to operate on 880 kc., 250 watts, daytime. Exact trans¬
mitter and studio sites and antenna are to be determined
with Commission approval.

NEW — Geraldine Alberghane, Pawtucket, R. I. — Application for
C. P. for new broadcast station at Pawtucket, R. I., to
operate on 720 kc., 1 KW, daytime only. Transmitter site
to be determined with Commission approval.

NEW — The Record Publishing Co., Okmulgee, Okla. — Application
for C. P. for new broadcast station at Okmulgee, Okla., to
operate on 1210 kc., 100 watts, daytime only. Transmitter
site to be determined with Commission approval.

NEW — Springfield Newspapers, Inc., Springfield, Ohio. — Applica¬
tion for C. P. for new brodacast station at Springfield, Ohio,
to operate on 1120 kc., 250 watts, daytime only. Trans¬
mitter site to be determined with Commission approval.

NEW — Ann Arbor Broadcasting Co., Inc., Ann Arbor, Mich. —
Application for C. P. for new special broadcast station to be
located at Ann Arbor, Mich., originally filed on August 15,
1936, by Waldo Abbot, to operate on 1550 kc., 1 KW, un¬
limited time. Amended on Sept. 29, 1936, to change name
of application from Waldo Abbot, an individual, to Ann
Arbor Broadcasting Co., Inc. Transmitter site to be deter¬
mined with Commission approval.

NEW — W. E. Whitmore, Hobbs, N. Mex. — Application for C. P.
for new broadcast station at Hobbs, N. Mex., originally filed
on 6-6-36, and amended on 8-26-36 as to frequency and
hours of operation and amended on 12-14-36 as to equip¬
ment. Application asks for 1500 kc., 100 watts, daytime
only.

KROW — Educational Broadcasting Corp., Oakland, Calif. — Hear¬
ing before Broadcast Division on application for C. P. to
move station locally, exact location to be determined subject
to Commission approval, to install new equipment, and
increase power from 1 KW to 5 KW, unlimited time.

WBNX — Standard Cahill Co., Inc., New York, N. Y. — Hearing
before Broadcast Division on application for C. P. to move
transmitter site, install new equipment and directional an¬
tenna system, and increase power from 1 KW night, 1 KW
day, sharing with Station WAWZ, to 5 KW night, 5 KW
day, sharing with WAWZ.

WSAY — Brown Radio Service & Laboratory (Gordon P. Brown,
owner), Rochester, N. Y. — Application for C. P. to make
changes in equipment and increase power and time of opera¬
tion from 100 watts, daytime only, to 100 watts night, 250
watts day, unlimited time.

WSPA— Virgil V. Evans, d/b as The Vocie of South Carolina,
Spartanburg, S. C. — Application for C. P. (amended 12-16-
36) to install new equipment and vertical radiator, change
frequency from 920 kc. to 880 kc., and increase power
from, 1 KW daytime to 5 KW daytime.

1893

KDON — Monterey Peninsula Broadcasting Co.. Del Monte, Calif.
— Application for C. P. (amended 11-25-36) to install new
equipment and change frequency from 1210 kc. to 1280 kc. ;
increase night power from 100 watts to 250 watts, day
power from 100 watts to 1 KW, unlimited time.

KFBB — Buttrey Broadcast, Inc., Great Falls, Mont. — Application
for C. P. (amended 11-27-36) to install new equipment,
move transmitter, site to be determined with Commission
approval, change frequency from 1280 kc. to 950 kc. ; in¬
crease power from 1 KW night, 2)4 KW day, to 5 KW,
unlimited time. Hearing before Broadcast Division.

WEEI — Columbia Broadcasting System, Inc., Boston, Mass.—
Hearing before Broadcast Division on application for modifi¬
cation of C. P. (amended 12-15-36) to increase night power
from 1 KW to 5 KW.

KFPY — Symons Broadcasting Co., Spokane, Wash. — Hearing
before Broadcast Division on application for modification
of license to increase nighttime power from 1 KW to 5 KW.
KGHL — Northwestern Auto Supply Co., Inc., Billings, Mont. —
Hearing before Broadcast Division on application for modifi¬
cation of license to increase night power from 1 KW to 5
KW.

NEW— Pottsville News & Radio Corp., Pottsville, Pa. — Applica¬
tion for C. P. for new broadcast station at Pottsville, Pa.,
to operate on 580 kc., 250 watts, daytime only. Transmitter
and studio sites and type of antenna to be determined with
Commission approval.

NEW — Don M. Lidenton and A. L. McCarthy, d/b as Fields
McCarthy Co., Poplar Bluff, Mo. — Application for C. P. for
new broadcast station at Poplar Bluff, Mo., to operate on
1310 kc., 100 watts, daytime only.,

NEW — Lou Poller, Scranton, Pa. — Application for C. P. for new
broadcast station at Scranton, Pa. (amended 12-14-36) to
operate on 1370 kc., 250 watts, daytime only. Transmitter
site is to be determined with Commission approval.

RULE 175 AMENDED

The Broadcast Division amended Rule 175 to strike the words
“consecutive speech” in the last sentence, and substitute therefor
the words, “continuous, uninterrupted speech, play, symphony
concert or operatic production of longer duration than 30 minutes.”

ORAL ARGUMENTS

NEW — Ex. Rep. 1-312: News-Press Pub. Co., Santa Barbara, Calif.

— Granted Oral argument to be held Feb. 4, 1937.

NEW — Ex. Rep. 1-323: Voice of Greenville, Greenville, Tex. —
Granted oral argument to be held Feb. 25, 1937.

NEW — Ex. Rep. 1-325: The Times Pub. Co., St. Cloud, Minn.;
and NEW — Michael F. Murray, St. Cloud, Minn. — Granted
oral argument to be held Feb. 25, 1937.

WOAI — Ex. Rep. 1-337: Southland Industries, Inc., San Antonio,
Tex. — Granted oral argument to be held Feb. 25, 1937.
NEW— Ex. Rep. 1-329: Bayou Broadcasting Co., Houston, Tex. —
Granted oral argument to be held March 4, 1937.

NEW — Ex. Rep. 1-330: Brownwood Broadcasting Co., Brown-
wood, Tex. — Granted oral argument to be held March 4,
1937.

KIT — Ex. Rep. 1-311: Carl E. Haymond, Yakima, Wash. — Granted
oral argument to be held Feb, 25, 1937.

MISCELLANEOUS

WMCA — Knickerbocker Broadcasting Co., Inc., New York City. —
Directed that modification of license to increase power to
1 KW night and day be issued WMCA in conformity with
action of the Broadcast Division of Sept. 22, 1936, inasmuch
as station has complied with the proviso contained in that
authority regarding installation of directional antenna for use
day and night.

Montgomery Broadcasting Co., Montgomery, Ala. — Denied in toto
petition asking Commission to remand Docket No. 3982 to
the Examiner with directions that Examiner’s Report No.
1-324 be rewritten in the light of depositions excluded by
the Examiner or to reopen hearing and allow the retaking
of saidj depositions. Examiner’s Report No. 1-324 is based
on the application of John S. Allen and G. W. Covington,
Jr., Montgomery, Ala., for a C. P. to erect station to operate
on 1210 kc., 100 watts, daytime.

NEW — F. M. Gleason, d/b as North Georgia Broadcasting Co.,
Rossville, Ga. — Denied petition asking Commission to re¬
consider and grant without hearing application for C. P.

to erect a new radio station to operate on 1200 kc., 100
watts, daytime. Hearing on this application is scheduled
for Feb. 8, 1937.

NEW — Ferris Hodge et al., d/b as Lenawee Broadcasting Co.,
Adrian, Mich. — Denied petition asking Commission to dis¬
miss application for permit to erect and operate a new radio
broadcasting station at Adrian, Mich., on frequency 1440 kc.,
power 250 watts day only, and to cancel order for the
taking of depositions in Adrian pursuant to such application.
NEW — Ex. Rep. 1-261: Earl Weir, St. Petersburg, Fla. — Granted
petition of station WSUN, Clearwater, Fla., to remand ap¬
plication of Earl Weir for C. P. to operate on 1370 kc.,
100 watts, unlimited (site to be determined), to the Ex¬
aminer for further hearing on finances and need.

In the case of WOL, American Broadcasting Company, Wash¬
ington, D. C., the effective date was extended to January 27, 1937.

Under this decision WOL was granted permission to move trans¬
mitter from 1111 H St., N. W., Washington, to about )4 mile east
Riggs and lager Roads, Md.; change frequency from 1310' kc. to
1230 kc.; increase power from 100 watts to 1 KW, unlimited
time (directional antenna) ; and make changes in equipment.

APPLICATIONS DISMISSED

The following applications, heretofore set for hearing, were dis¬
missed at request of applicants:

KUOA — KUOA, Inc., Siloam Springs, Ark. — Modification of C. P.,
1260 kc., 5 KW, daytime and midnight to 6 a. m.

KFEL — Eugene P. O’Fallon, Inc., Denver, Colo. — Modification of
license, 920 kc., 500 watts, unlimited.

WBNO — J. E. Richards, John R. Maddox, and Edw. R. Musso,
New Orleans, La. — C. P., 1500 kc., 100 watts, unlimited.

In the following case, the Commission, in the Broadcast Division
meeting of January 12, 1937, denied the petition of this applicant
requesting reinstatement and request for dismissal without preju¬
dice; the application is therefore dismissed with prejudice.

NEW — S. H. Patterson, Denver, Colo. — C. P., 1570 kc., 1 KW,
unlimited.

RATIFICATIONS

The Commission ratified the following acts authorized on the
dates shown:

WSAR — Doughty & Welch Electric Co,. Inc., Fall River, Mass. —
Granted extension of program test period 30 days from
Jan. 6.

WALR — WALR Broadcasting Corp., Zanesville, Ohio. — Granted
extension of program test period 30 days from Jan. 10.
KWJJ — KWJJ Broadcast Co., Inc., Portland, Ore. — Granted
authority to extend program test period 30 days.

WIEF — Miami Broadcasting Co., Inc., Miami, Fla. — Granted au¬
thority to operate as licensed for additional period of 30
days beginning Jan. 15 to Feb. 15, inclusive, for relay broad¬
cast descriptions of Miami from Blimp Puritan.

WBNY — Roy L. Albertson, Buffalo, N. Y. — Granted special tem¬
porary authority to operate from 2 to 3 p. m., EST, Jan.
23, 24, 30, 31, 1937, and from 8:30 a. m. to 10 a. m., EST,
Jan. 24, 31, 1937, in order to broadcast religious, sports and
other programs of special local interest (provided WSVS
remains silent) .

W10XDX — National Broadcasting Co., Inc., New York City. —
Granted special temporary authority to operate licensed
mobile relay broadcast station experimental on frequencies
38900, 39100, 39300, 39500 kc. in addition to authoriza¬
tion contained in present license, on Jan. 14 and 21, for
Inaugural Ceremonies.

W10XAH — National Broadcasting Co., Inc., New York City. —
Granted special temporary authority to operate a licensed
relay broadcast (mobile) experimental station on frequencies
38900, 39100, 39300, 39500 kc. in addition to the authortiy
contained in present license, on Jan. 14 to 21, 1937, for pur¬
pose of describing Inaugural Ceremonies.
W10XV-W10XDY-W10XDZ — National Broadcasting Co., Inc.,
New York City. — Granted special temporary authority to
operate a licensed relay broadcast (mobile) experimental
station on frequencies 38900, 39100, 39300, 39500 kc. in
addition to the authority contained in present license, on
Jan. 14 to 21, 1937, for purpose of describing Inaugural
Ceremonies.

In the matter of the applications of Miles J. Hansen, Fresno,
Calif., for C. P., Julius Brunton & Sons Co., Fresno, Calif., for C. P.,

1894

on which an order was heretofore entered on November 17, 1936,
the Broadcast Division adopted and published a statement of facts
and grounds for decision.

The Broadcast Division granted petition of Cherry and Webb
Broadcasting Co. (WPRO), Providence, R. I., to intervene in the
proceedings upon the application of the Bay State Broadcasting
Corp., Docket 4128.

The Broadcast Division granted petition of the Woodmen of the
World Life Ins. Asso. (WOW), Omaha, Nebr., to intervene in the
hearing of the application of Central States Broadcasting Corp.
for a new station at Council Bluffs, Iowa, Docket 4179.

The Broadcast Division granted petition of Portland Broadcast¬
ing System, Inc., to intervene in the hearing on application of
Cumberland Broadcasting Co., Inc., for a new station at Portland,
Maine, Docket No. 2929.

The Broadcast Division, upon its own motion, directed that the
oral argument now scheduled for Feb. 4, 1937, upon the applica¬
tions of KVOS, Inc., for renewal of license, and for transfer of
control, be postponed until Feb. 18, 1937, and argument rela¬
tive to the applications of the Bellingham Pub. Co. for C. P., and
Gomer Thomas for C. P., be scheduled for Feb. 18, 1937, also.

The Broadcast Division waived Rule 104.6 (b) and accepted the
answer by Intermountain Broadcasting Corp. relative to the pro¬
ceedings upon the application of WATR Co., Inc., for C. P.,
Docket 4292.

ACTION ON EXAMINERS’ REPORTS

NEW — Ex. Rep. 1-227: J. T., Bilben and N. G. Barnard, Walker,
Minn. — Denied C. P. for new broadcast station to operate
on 1310 kc., 100 watts, unlimited time. Examiner John P.
Bramhall sustained. Order effective Feb. 23, 1937.

WMFF — Ex. Rep. 1-294: Plattsburg Broadcasting Corp., Platts-
burg, N. Y. — Granted modification of license to change hours
of operation from daytime to unlimited, using 100 watts
power after sunset; 1310 kc., 2S0 watts day, 100 watts
night. Examiner R. H. Hyde sustained. Order effective
Feb. 23, 1937.

NEW— Ex. Rep. 1-308: Struble, Strong & Fagan (Carl C. Struble,
Curtis T. Strong and Jane M. Fagan), The Dalles, Ore. —
Dismissed with prejudice application for C. P. for new broad¬
cast station to operate on 1300 kc., 100 watts, unlimited-
time (site to be determined subject to Commission’s ap¬
proval). Examiner J. P. Bramhall sustained.

APPLICATIONS RECEIVED
First Zone

WICC — Southern Connecticut Broadcasting Corp., Bridgeport,
600 Conn. — Voluntary assignment of license from The Southern

Connecticut Broadcasting Corporation to The Yankee Net¬
work, Inc.

WEAN — Shepard Broadcasting Service, Inc., Providence, R. I. —
780 Modification of license to change name from Shepard Broad¬
casting Service, Inc., to The Yankee Network, Inc.

NEW — New England Radio Corp., Bridgeport, Conn. — Construc-
1190 tion permit for a new station to be operated on 1420 kc.,
100 watts, daytime. Amended to make changes in equip¬
ment, change requested frequency from 1420 kc. to 1190
kc., power from 100 watts to 2S0 watts, hours of operation
from daytime to limited time (all daytime hours and night
to local sunset at San Antonio, Tex.). Contingent upon
WATR being granted 1290 kc.

WAAB — Bay State Broadcasting Corp., Boston, Mass. — Voluntary
1410 assignment of license from Bay State Broadcasting Corpora¬
tion to The Yankee Network, Inc.

WAAB — Bay State Broadcasting Corp., Boston, Mass. — License to
1410 cover construction permit (Bl-P-1212) as modified for new
equipment.

W10XV — National Broadcasting Co., Inc., Portable and Mobile. —
Construction permit to make changes in equipment and in¬
crease operating power to 25 watts.

W10XCH — National Broadcasting Co., Inc., Portable and Mobile. —
Construction permit to make changes in equipment and in¬
crease operating power to 25 watts.

WlQXCG — National Broadcasting Co., Inc., Portable and Mobile. —
Construction permit to make changes in equipment and in¬
crease operating power to 25 watts.

W10XED — National Broadcasting Co., Inc., Mobile. — Construc¬
tion permit to make changes in equipment and increase
power to 25 watts.

NEW — Columbia Broadcasting System, Inc., New York, N. Y. —
Construction permit for a new low frequency relay broad¬

cast station on 1646, 2090, 2190 and 2830 kc., 50 watts
power.

NEW — Columbia Broadcasting System, Inc., New York, N. Y. —
License to cover the above.

NEW — Columbia Broadcasting System, Inc., Boston, Mass. —
Construction permit for a new high frequency broad¬
cast station on 31600, 35600, 38600, 41000 kc., 100 watts
power.

Second Zone

WKRC — Columbia Broadcasting System, Inc., Cincinnati, Ohio. —
550 Extension of special experimental authorization to operate
with power of 1 KW from 3-1-37 to 9-1-37.

WJAY — The Cleveland Radio Broadcasting Corp., Cleveland,
610 Ohio. — License to cover construction permit (B2-P-1364) for
move of transmitter and installation of new transmitter and
antenna.

NEW — The Ohio Broadcasting Company, Steubenville, Ohio. —
780 Construction permit for a new broadcast station to be op¬
erated on 780 kc., 250 watts power, daytime operation.
WTAR — WTAR Radio Corp., Norfolk, Va. — License to cover con-
780 struction permit (B2-P-1073) for changes in auxiliary equip¬
ment.

NEW — Leonard A. Versluis, Grand Rapids, Mich. — Construction
830 permit for a new station to be operated on 830 kc., 500
watts power, daytime operation.

NEW — The Ohio Broadcasting Co., Marion, Ohio. — Construction
880 permit for a new broadcast station to be operated on 880
kc., 250 watts power, daytime operation.

NEW — WRBC, Inc., Cleveland, Ohio. — Construction permit for a
880 new broadcast station to be operated on 880 kc., 1 KW,
unlimited time. Amended: For approval of transmitter site
on Rockside Road, Yi mile east of Canal Road, Valley View
Village, near Cleveland, Ohio, and for approval of directional
antenna for use at night.

WEXL — Royal Oak Broadcasting Co., Royal Oak, Mich. — License
1310 to cover construction permit (B2-P-1333) for new equip¬
ment.

WGH — Hampton Roads Broadcasting Corp., Newport News, Va.— -
1310 License to cover construction permit (B2-P-1062) for new
antenna and move of transmitter.

NEW — The Ohio Broadcasting Co., East Liverpool, Ohio. — Con-
1350 struction permit for a new broadcast station to be operated
on 1350 kc., 250 watts power, daytime operation.

NEW — Valley Broadcasting Co., Youngstown, Ohio. — Construc-
1350 tion permit for new station to be operated on 1350 kc., 1
KW power, unlimited time. Amended to install directional
antenna for night use, give studio site as Youngstown, Ohio,
and for approval of transmitter site at Lake Park Road
and Shields Road, Youngtown, Ohio.

NEW — The Ohio Broadcasting Co., Salem, Ohio. — Construction
1420 permit for a new broadcast station to be operated on 1420
kc., 100 watts power, daytime operation.

WHIS — Daily Telegraph Printing Co., Bluefield, W. Va. — Modifica-
1420 tion of license to increase power from 500 watts night, 1 KW
day, to 1 KW day and night.

W8XKJ — Radio Air Service Corp., Mobile. — License to cover con¬
struction permit for a new high frequency relay broadcast
station.

NEW — WCAU Broadcasting Co., Philadelphia, Pa. — Construction
permit for a new high frequency broadcast station to be
operated on 31600, 35600, 38600, 41000 kc., 100 watts.
NEW — WGAL, Inc., Lancaster, Pa. — Construction permit for a
new high frequency broadcast station to be operated on
31600, 35600, 38600, 41000' kc., 100 watts.

NEW — Radio Air Service Corp., Cleveland, Ohio. — Construction
permit for a new high frequency broadcast station to be
operated on 31600, 35600, 38600, 41000 kc., 50 watts.

Third Zone

NEW — Carolinas Radio, Inc., Charlotte, N. C. — Construction per-
880 mit for a new station to be operated on 880 kc., 500 watts,
1 KW day, unlimited time.

WMFN — Attala Broadcasting Corp., Grenada, Miss. — Modification
1210 of construction permit (B3-P-829) for new equipment and
move of transmitter, requesting extension of completion date
from 1-28-37 for ninety days.

NEW— Archie E. Everage, Andalusia, Ala.— Construction permit
1310 for new station to be operated on 1420 kc., 100 watts night,
250 watts day power, unlimited time. Amended to change
requested frequency from 1420 kc. to 1310 kc.

1895

NEW — G. Kenneth Miller, Tulsa, Okla.— Construction permit for a
1310 new station to be operated on 1310 kc., 100 watts power,
unlimited time.

KGKL — KGKL, Inc., San Angelo, Tex. — Construction permit to
1370 install a new transmitter; make changes in antenna; change
frequency from 1370 kc. to 940 kc., power from 100 watts,
2S0 watts day, to 1 KW night, S KW day; and move trans¬
mitter from SO S. Milton Street, San Angelo, Tex., to site
to be determined, Texas.

KGNC— Plains Radio Broadcasting Co., Amarillo, Tex. — -License
1410 to cover construction permit (B3-P-1470) for equipment
changes.

Fourth Zone

KFEQ — KFEQ, Inc., St. Joseph, Mo. — License to cover construc-
680 tion permit (B4-P-1303) for new equipment.

KFJB — Marshall Electric Co., Inc., Marshalltown, Iowa. — Modifi-
1200 cation of construction permit (B4-P-1054) as modified for
new equipment and move of transmitter, requesting exten¬
sion of commencement date from 11-19-36 to 1-18-37 and
completion date from 1-18-37 to 3-18-37.

KWTN — Greater Kampeska Radio Corp., Watertown, S. Dak. —
1210 Construction permit to install a new transmitter, erect a
vertical antenna, change frequency from 1210 kc. to 1340
kc., change power from 100 watts to 500 watts, and move
transmitter from S02 Fifth Street, N. W., Watertown,
S. Dak., to East Shore, Lake Kampeska, S. Dak. Requests
frequency of KGDY (subject to KGDY being granted 1210
kc.). Amended to change hours of operation from daytime
to unlimited time, using power of 250 watts night, 500 watts
daytime.

NEW — Arthur Malcolm McGregor and Dorothy Charlotte Mc¬
Gregor (partnership), Mobile.— Construction permit for a
new high frequency relay broadcast station to be operated
on 31100, 34600, 37600, 40600 kc., 10 watts.

Fifih Zone

KHQ — Louis Wasmer, Inc., Spokane, Wash. — Modification of
590 license to change power from 1 KW night, 5 KW day, to
5 KW day and night.

NEW — J. Laurance Martin, Amarillo, Tex. — Construction permit
1120 for a new station to be operated on 1120 kc., 100 watts
power, limited time (7 a. m. to 8 p. m.). Amended to change
power from 100 watts to 250 watts, time from limited (7
a. m. to 8 p. m.), to specified hours (7 a. m. to 8 p. m.), and
studio and transmitter sites from 605 East 4th, Amarillo,
Tex., to Amarillo, Tex. (no street address).

KRKO — Lee E. Mudgett, Everett, Wash. — Construction permit to
1370 make changes in equipment; install a vertical antenna; in¬
crease power from 50 watts to 100 watts, 250 watts day;
move transmitter and studio from 2814 Rucker Avenue,
Everett, Wash., to studio: Wetmore at Hewitt, and trans¬
mitter: Tract “O”, Everett, Wash.

KOY — Salt River Valley Broadcasting Co., Phoenix, Ariz. — Modi-
1390 fication of construction permit (B5-P-1516) to install ver¬
tical antenna, move of transmitter, further requesting au¬
thority to install new transmitting equipment.

KGGC — The Golden Gate Broadcasting Co. (Robert J. Craig),
1420 San Francisco, Calif. — Construction permit to make equip¬
ment changes; install vertical antenna; change frequency
from 1420 kc. to 1370 kc., power from 100 watts to 100
watts, 250 watts day, time from specified hours to un¬
limited time (contingent upon KRE’s application being
granted for change in frequency from 1370 kc. to 1440 kc.).
NEW — Ben S. McGlashan, Los Angeles, Calif. — Construction per¬
mit for a new high frequency broadcasting station to be
operated on 88000, 120000, 240000, 500000 kc., 500 watts
power.

CONNERY RADIO RESOLUTION
H. Res. 61

IN THE HOUSE OF REPRESENTATIVES
January 13, 1937

Mr. Connery submitted the following resolution; which was
referred to the Committee on Rules and ordered to be printed

RESOLUTION

Whereas the Congress in creating the Federal Radio Commission,
and in enacting the Communications Act of 1934, expressly

reserved to the people of the United States control of all radio
frequencies; and

Whereas, despite this restriction through the leasing of, the pur¬
chase of, the affiliating of, the operation of, or, through the
possession of contracts giving to a select few the exclusive right
to use the more desirable time of these radio-broadcasting sta¬
tions, there is reason to believe that contrary to the intent and
the spirit, as well as the language of laws in force, a monopoly
exists in radio broadcasting, which radio-broadcasting monopoly
is believed to be profiting illegally at the expense and to the
detriment of the people through the monopolistic control and
operation of all clear-channel and other highly desirable radio¬
broadcasting stations; and

Whereas certain types of radio programs which have been broad¬
casted are allegedly indecent and contrary to the intent, the
spirit, and the language of laws in force; and
Whereas it is believed that neither public interest, convenience, or
necessity is served by permitting a virtual radio-broadcasting
monopoly to control this property which has been reserved to
the control of the American people; and
Whereas it is contrary to public policy, convenience, or necessity to
allow any private groups to traffic in a property reserved to and
for the people: Therefore be it

Resolved, That a committee of seven Members of the House of
Representatives shall be appointed by the Speaker, which com¬
mittee is hereby authorized and directed to inquire into and in¬
vestigate the allegations and charges that have been or may be
made relative to irregularities in or pertaining to the monopoly
which exists in radio and the activities and functions carried on
under the Communications Act of 1934 and all matters pertaining
to radio and radio broadcasting; be it further

Resolved, That the said committee shall make a thorough and
exhaustive investigation of all allegations and charges that have
been or may be made in connection with or pertaining to the
monopoly which exists in radio and the activities and functions
carried on under the Communications Act of 1934 and all matters
pertaining to radio and radio broadcasting, and shall report in
whole or in part at any time to the House of Representatives,
together with such recommendations as it deems advisable; and
be it further

Resolved, That for the purpose of this resolution the said com¬
mittee is authorized to hold such hearings, to sit and act during
the sessions and the recesses of the present Congress at such times
and places, either in the District of Columbia or elsewhere, and
to employ such expert, clerical, and stenographic services as may
be found necessary and to require by subpena or otherwise the
attendance of witnesses; to administer oaths; to compel the pro¬
duction of books, papers, and documents by Government or private
agencies; and to take and record such testimony as the committee
may deem advisable or necessary to the proper conduct of the
investigation directed by this resolution.

RADIO RECORDS
H. R. 3033

IN THE HOUSE OF REPRESENTATIVES

January 14, 1937

Mr. Scott introduced the following bill ; which was referred to the
Committee on Interstate and Foreign Commerce and ordered
to be printed

A BILL

To add section 315 (a) to the Communications Act of 1934.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Com¬
munications Act of 1934 be, and hereby is, amended by adding
thereto the following:

“Sec. 315. (a) Each licensee of a radio-broadcasting station shall
keep complete and accurate records open to reasonable public
inspection —

“(1) of all applications for time;

“(2) of all rejected applications and the reasons for such
rejections ;

“(3) of all additions and changes requested in arranged pro¬
grams on public, social, political, and economic issues and on
educational subjects ;

“(4) of interference with and substitution of programs on
public, social, political, and economic issues and on educa¬
tional subjects.

1896

“The licensing authority shall make rules and regulations
to effectuate this provision.”

RADIO CENSORSHIP
H. R. 3038

IN THE HOUSE OF REPRESENTATIVES
January 14, 1937

Mr. Scott introduced the following bill; which was referred to the
Committee on Interstate and Foreign Commerce and ordered
to be printed

A BILL

To amend section 326 of the Communications Act of 1934.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 326
of the Communications Act of 1934 be, and hereby is, amended
by striking out the whole said section and by inserting in lieu
thereof the following:

“Sec. 326. Nothing in this Act shall be understood or construed
to give the licensing authority the power of censorship over the
radio communications or signals transmitted by any radio station,
and no regulation or condition shall be promulgated or fixed by the
licensing authority which shall interfere with the right of free
speech by means of radio communication. No action, civil or
criminal, shall be commenced or prosecuted against any licensee in
any court, Federal or State, because of anything said or done in
the course of any broadcast on any public, social, political, or
economic issue: Provided, That this provision shall not be under¬
stood or construed to exempt any licensee from liability for any
defamatory, profane, indecent, or obscene language or action broad¬
cast by any officer, employee, agent or representative of such
licensee.”

RADIO TIME ALLOTMENT
H. R. 3039

IN THE HOUSE OF REPRESENTATIVES
January 14, 1937

Mr. Scott introduced the following bill; which was referred to
the Committee on Interstate and Foreign Commerce and ordered
to be printed

A BILL

To amend section 315 of the Communications Act of 1934.

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

315 of the Communications Act of 1934 be, and hereby is, amended
by striking out the whole of said section and by inserting in lieu
thereof the following:

“Sec. 315. Each licensee of a radio broadcasting station shall be
required to set aside regular and definite periods at desirable times
of the day and evening for uncensored discussion on a nonprofit
basis of public, social, political, and economic problems, and for
educational purposes. When any such licensee permits any speaker
on any controversial, social, political, or economic issue to use its
facilities during any such period, it shall afford to at least one
exponent or advocate of each opposing viewpoint equivalent facili¬
ties. The licensing authority shall without any delay make rules
and regulations to carry this provision into effect, and in proceed¬
ing hereunder it shall appoint and, in its discretion, act upon the
recommendations of an advisory committee consisting of dis¬
interested, representative citizens: Provided, That the licensing
authority, the advisory committee, and licensees shall have no
power of censorship of any kind, nor shall any licensee be subject
to liability, civil or criminal, in any State or Federal court for
material so broadcast under the provisions of this section, nor shall
any license be revoked or renewal refused because of material so
broadcast.”

CULKIN RADIO ADVERTISING BILL
H. R. 3140

IN THE HOUSE OF REPRESENTATIVES
January 14, 1937

M. Culkin introduced the following bill; which was referred to
the Committee on Interstate and Foreign Commerce and ordered
to be printed.

A BILL

To prohibit the advertising of alcoholic beverages by radio, 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 16
of the Act entitled “Communications Act of 1934”, approved June
19, 1934, be amended by adding a new paragraph to read as
follows:

“No person shall broadcast by means of any radio station for
which license is required by any law of the United States or permit
any advertisement of, or information concerning, any alcoholic
beverage, whether beer, ale, wine, gin, whisky, or brandy, or called
by any other name. Any person convicted of violating this
section shall be fined not more than $1,000 nor less than $500 or
imprisoned not more than one year or less than three months, or
both, for each day during which the offense occurs.”

1897

The National Association of Broadcasters

NATIONAL PRESS BUILDING ***** WASHINGTON, D. C.

JAMES W. BALDWXN, Managing Director

NAB REPORTS

Copyright, 1937. The National Association of Broadcasters

IN THIS ISSUE

Page

Commission Approves Three New Stations . 1899

Recommends New Texas Station . 1899

New California Radio Bill . 1899

Increased Power Recommended for WGBI . 1899

Recommends More Time for KHSL 1899

A. T. & T. Subsidiaries’ New Tariffs Affect Local Broad¬
casting . 1899

Federal Trade Commission Action . 1900

Federal Trade Commission Closes Cases . 1901

Federal Communications Commission Action . 1901

COMMISSION APPROVES THREE NEW
STATIONS

The Federal Communications Commission this week approved
three new broadcasting stations. It granted a construction permit
for a new station at Corpus Christi, Texas, to the Gulf Coast
Broadcasting Company, to use 1330 kilocycles, 2S0 watts night,
500 watts day, and unlimited time.

Also, the Commission granted a construction permit to C. A.
Rowley to erect a new station at Ashtabula, Ohio, to use 940 kilo¬
cycles, 250 watts power, and daytime operation.

The Southwest Broadcasting Company was granted a construc¬
tion permit for the erection of a new station at La Junta, Colo.,
to use 1370 kilocycles, 100 watts, and unlimited time on the air.

RECOMMENDS NEW TEXAS STATION

The Dallas Broadcasting Company has filed an application with
the Federal Communications Commission asking for a construction
permit for the erection of a new broadcasting station at Dallas,
Texas.

Examiner George H. Hill, in Report No. 1-341, recommended
that the application be granted “subject to the selection of an
approved transmitter site.”

The Examiner states that there is a need for additional radio
service in the area proposed to be served and “there appears to be
adequate local talent to supply the requirements of the proposed
station.” He states also that the operation of the proposed station
would not cause objectionable interference to any existing station.

NEW CALIFORNIA RADIO BILL

A bill has been introduced in the State Legislature of California
by Mr. Patterson, a member, for the construction of two broad¬
casting stations by the University of California. It has been re¬
ferred to the Committee on Universities and is as follows:

“The people of the State of California do enact as follows:

“Section 1. The sum of $500,000, or so much thereof as may be
necessary, is hereby appropriated out of any moneys in the State
treasury not otherwise appropriated to be expended by the regents
of the University of California, to provide adequate radio broad¬
casting facilities for the extension division of the University of
California.

“Sec. 2. Out of said appropriation there shall be erected and
maintained on the campus of the University of California at Berke¬
ley a 50,000-watt radio broadcast station, and a like station on the
campus of the University of California at Los Angeles.

“Sec. 3. The operation of said stations shall be under the super¬
vision and control of the extension division of the university. The
division shall prepare and broadcast a curriculum of education
beneficial to those citizens who are unable to partake of the benefits
afforded by actual attendance at a university. The division shall
arrange to broadcast, directly or by remote control from various
cities of the State, public debates and discussions on matters of
vital interest to the people of the State of California. They may
also arrange for the broadcast of such other matters and programs
as they shall deem to be of educational or cultural value.

Vol. 5 - - No. 4
JAN. 28, 1937

INCREASED POWER RECOMMENDED FOR
WGBI

Broadcasting Station WGBI, Scranton, Pa., applied to the Fed¬
eral Communications Commission to increase its power from 500
watts to 500 watts nighttime and 1,000 watts until local sunset.
The station now operates on 880 kilocycles, sharing time with
WQAN.

Examiner John P. Bramhall, in Report No. 1-342, recommended
that the application be granted. He found that there is need for
additional daytime service in the area proposed to be served. He
found also that the power increase would be in the public interest.

RECOMMENDS MORE TIME FOR KHSL

Broadcasting Station KHSL, Chico, Calif., applied to the Federal
Communications Commission for a change in frequency from 950
to 1260 kilocycles, and to change its time from daytime to un¬
limited. It does not request a change in its 250 watts power.

Examiner R. H. Hyde, in Report No. 1-340, recommended that
the application be granted. He found that there is need in the
area proposed to be served for nighttime service and that such
service on the frequency requested would not cause objectionable
interference. He states that in his opinion the granting of the
application would be in the public interest.

A. T. & T. SUBSIDIARIES’ NEW TARIFFS AFFECT
LOCAL BROADCASTING

Each associate company of the A. T. & T. has filed a rate
schedule with the FCC which is substantially a duplication of the
A. T. & T. line charge rate schedule filed with the Commission in
September and printed in full in the NAB Reports, Vol. 4, No. 48,
September 24, 1936. The earlier schedules filed by subsidiary com¬
panies became effective December 1, 1936, and the last to be filed
went into effect on January 15, 1937. In addition to the various
services listed in the A. T. & T. tariffs, schedules of the subsidiary
companies provide for a local rate termed Schedule F as follows:

Schedule F.

A — Local Channel

1. Installation charge

a. For selecting and connecting for all local
channels at one time between the same points $10.00

b. Block or drop wiring if not in place, per

terminal . $ 7.50

c. For inside wiring when required between
drop and broadcasting station or speech in¬
put equipment, the charges will be based on
the costs incurred.

2. Mileage per channel per one-quarter route mile,

per month . $ .75

Minimum charge per channel, per month . 2.50

B — Equalization Charge

The charge for equalization will be based upon the
work incurred.

Definition of the services offered by the various schedules are
listed by the A. T. & T. as follows:

Schedule A provides for the continuous use of program transmis¬
sion facilities with, special operation and supervision, for the high
quality transmission of music and speech. This schedule covers
the provision of interexchange channel facilities and services, in¬
cluding receiving and transmitting connections.

Schedule B provides for the occasional use of program transmis¬
sion facilities with special operation and supervision, for the high
quality transmission of music and speech. This schedule covers
the provision of interexchange channel facilities and services, in¬
cluding receiving and transmitting connections.

1899

Schedule C provides for the continuous use of program trans¬
mission facilities, without special operation and supervision, for
the medium quality transmission of music and speech. Transmis¬
sion limitations permit the use of these facilities only over limited
distances. This schedule covers the provision of interexchange
channel facilities and services, including bridging connections.

Schedule D provides for the occasional use of program transmis¬
sion facilities, without special operation and supervision, for the
medium quality transmission of music and speech. Transmission
limitations permit the use of these facilities only over limited dis¬
tances. This schedule covers the provision of interexchange channel
facilities and services, including bridging connection.

Schedule E provides for occasional use of program transmission
facilities without special operation and supervision suitable for the
transmission of speech only. This schedule covers the provision of
interexchange channel facilities and services including bridging
connections. The number of stations that may be connected with
a Schedule E network is limited by operating and transmitting
factors.

Schedule F provides for program transmission facilities within a
program transmission area between stations, or between stations
and the point of connection with interexchange channels.

Studio-transmitter channels — Program transmission channels for
use between the studio and radio station transmitter are not pro¬
vided under the above schedules. The requirements of such facili¬
ties vary widely as between cases, and the channels are provided
on a basis to meet the particular requirement of each case.

FEDERAL TRADE COMMISSION ACTION
Complaints

The Federal Trade Commission has alleged unfair competition in
complaints 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.

No. 3035. Operating undertaking establishments under the firm
name, The Greater Chambers Company, William W. Cham¬
bers, Washington, D. C., is charged in a complaint with using
unfair methods of competition in the conduct of his business.

Chambers allegedly advertises that he is “One of the largest
undertakers in the world,” having “Forty assistants, twenty-five
cars, seven chapels, fourteen parlors.” According to the complaint,
he is not one of the largest undertakers in the world, does not
employ 40 persons of the type susceptible of classification as
undertakers, assistant undertakers or assistant funeral directors, and
does not own or operate the number of cars, chapels or parlors
advertised.

Among other representations allegedly made by the respondent
Chambers, which the complaint charges are false and misleading,
are the following:

That the services, cars, hearses and other facilities he furnishes
in connection with the sale of a casket are free ; that he renders
a $500 service with every funeral ; that his customers receive a
$500 or $300 funeral for $265 or $165, respectively; that the steel
vault he sells for $85 is worth $150 and is air-sealed, water-proof
and air-tight; that it answers the purpose of a $5,000 mausoleum,
and is the finest metal burial vault which can be obtained.

No. 3037. A complaint has been served upon Civil Employees
Training, Inc., Ninth and Chester Sts., Cleveland, and its officers,
alleging use of unfair methods of competition in connection with
the sale of correspondence courses of instruction to prepare students
for examinations for positions under the United States Civil Service.

The respondent corporation is said to falsely represent through
salesmen that it is an agency of the government or connected with
the Civil Service Commission, and that its salesmen are in the
employ of the government ; that a person must take its course of
study in order to obtain a government position; that a student
will receive a government appointment as soon as the course is
completed or within a reasonably short time thereafter, and that
Civil Service examinations will be held at definite times stated for
the positions desired.

No. 3038. Alleging unfair competition in the sale of poultry, a
complaint has been issued against Allen Poultry Farm and
Hatchery, Creston, Iowa, charging violation of Section 5 of the
Federal Trade Commission Act.

Selling baby chicks in interstate commerce, the respondent com¬
pany is alleged to have advertised that, because of its large hatch¬
ing capacity, it assures prompt delivery; that it guarantees live
delivery of the number of chicks ordered, and that they will be
true to type and produced from flocks “blood tested” and culled
for disqualifications.

Stipulations and Orders

The Commission has issued the following cease and desist orders
and stipulations:

No. 2067. Representations that “Alvita Tea” is a competent
cure or remedy in the treatment of any disease or malady are
prohibited under an order to cease and desist entered against

California Alfalfa Products Company and Glenn B. Willis,
trading as Alvita Products Company, 2573 Bersa St., Pasadena,
Calif.

The principal ingredient of the product is alfalfa which, accord¬
ing to the findings, has no beneficial therapeutic value or effect.

Among the representations specifically banned in advertising
matter are that use of “Alvita Tea” will build up vitality, aid
digestion, supply nutritional deficiencies, increase the appetite, and
cause the user to become strong and robust. Also prohibited is the
assertion that the product stands at the head of the vegetable list
in mineral and vitamin potency.

No. 2406. Raladam Company, of Detroit, has been ordered
to cease and desist from certain misrepresentations in the sale of
its product, “Marmola,” advertised as a weight-reducing prepara¬
tion. Such misrepresentations are held to constitute an unfair
method of competition in violation of Section 5 of the Federal
Trade Commission Act.

Containing as its active ingredient desiccated thyroid made from
the thyroid glands of certain food animals, Marmola is said to have
been advertised in a manner implying that thyroid deficiency is a
common cause of excess fat, that thyroid should be taken for re¬
ducing, that “Marmola is for the average case,” provides “the right
way to reduce,” and that “this modern method of reduction is now
used by doctors the world over.”

Findings in the case, based on distinguished medical and scientific
opinion, are that only a small proportion of cases of over-weight
result from thyroid deficiency; that in many cases the respondent
company’s product cannot be safely used, and in any case should
be taken only on the advice of a physician.

The order to cease and desist prohibits certain misrepresentations
concerning Marmola and its thyroid ingredient and also directs the
Raladam Company to discontinue representing that it makes a full
and complete disclosure of the properties and effects of Marmola
unless and until it does in fact make such disclosures.

Among the representations barred under the order are that
thyroid deficiency is a common or the usual cause of obesity or
excess fat or that, if a person is over-weight, it is necessarily an
indication of thyroid deficiency and that thyroid should be taken
for reducing.

The respondent company is directed to cease asserting that all
modern physicians use the reducing ingredient in Marmola in the
treatment of obesity and that this method of treatment in all such
cases is supported by the opinion of science and medicine the world
over, or that this treatment is the remedy indicated in and best
suited for the great multitude of cases or in the average case, or
for all over-weight persons.

The order also prohibits representations that Marmola or its
reducing ingredient, thyroid, feeds the thyroid gland, when taken
internally, or stimulates or restores it to normal action or removes
the cause of excess fat; that a table of average weights for given
ages and heights indicates a person’s normal or correct weight and
that any weight in excess of the average weight so indicated is
due to excess fat and should be reduced by taking Marmola.

The respondent company is ordered to cease and desist represent¬
ing that it makes a full and complete disclosure of the properties
and effects of Marmola or its ingredients, unless and until it does
in fact make such disclosure, including the following: That desic¬
cated thyroid is a powerful and dangerous drug or product when
used internally for reducing purposes, attacking and oxidizing or
burning not only fatty tissue, but all bodily tissues; that cases of
abnormal excess fat caused by deficiency of the secretion of the
thyroid gland are rare and exceptional ; that physicians prescribe
and recommend the use of thyroid for treating obesity only in
cases of actual deficiency of thyroid gland secretion; that in cases
of excess fat not caused by thyroid deficiency, thyroid is not
usually indicated as a proper treatment, and its use in such cases
is apt to be and frequently is harmful to the user’s health.

The respondent company is also directed to stop asserting that
it makes full disclosure of Marmola’s properties and effects, unless
it also makes known that many persons are so constituted that
they may not use Marmola with safety, and that many bodily
conditions, defects and abnormalities render the use of Marmola
harmful to the user ; that whether or not a person may safely take
or use Marmola or desiccated thyroid can only be ascertained

1900

through examination by a competent physician, often to be supple¬
mented by experimental use of the product under medical advice
and observation; that Marmola or desiccated thyroid for reducing
purposes cannot be used generally for self-medication without pos¬
sibility of harmful results and that when employed by a person
having a deficiency in thyroid gland secretion, desiccated thyroid
does not feed or stimulate the thyroid gland, materially increase
its activity, tend to restore it to normal condition or thereby tend
to remove the cause of obesity or abnormal excess fat, but merely
acts as a supplement to secretion supplied by the thyroid gland.

Findings are that Marmola is in competition with all reducing
preparations, including the “patent medicine” type and pharma¬
ceutical preparations bought by consumers on their own initiative
or on a physician’s prescription. Such competing products are said
to include various laxative salts, preparations for lessening con¬
sumption of fat-producing foods and also books of instruction on
diet and exercise for reduction of weight. The findings list 26
competing products.

No. 2488. Consolidated Distillers Corporation, 38 South
Calvert St., Baltimore, Md., has been ordered to cease represent¬
ing through use of the word “Distillers” in its corporate name, or
otherwise, that it is a distiller of whiskies, gins, or any other
spirituous beverages; that it manufactures such products through
the process of distillation, or that it owns or operates a distillery,
unless and until it does own or operate such a plant.

No. 2716. Under an order to cease and desist, Neet, Inc., 4316
North Kilpatrick Ave., Chicago, is directed to discontinue unfair
trade representations in the sale of a depilatory advertised as
“Neet.”

Among representations to be discontinued are that the prepara¬
tion is not caustic, that its use discourages the growth of hair and
delays its appearance for a material length of time, and that the
hair is much slower in returning and regrowing than when it is
shaved. These prohibitions are qualified in the order, the findings
showing that the product, while not generally caustic, might have
a caustic effect under certain conditions, and that the hair may be
delayed in reappearing above the skin surface to the extent that
the product penetrates below the skin surface in dissolving the
hair stalk.

No. 2802. The I. T. S. Company, 13S Maple St., Elyria, Ohio,
and the National Federation of Master Shoe Rebuilders, 1124
Chester Ave., Cleveland, have been ordered to discontinue com¬
bining and cooperating to close natural channels of trade to manu¬
facturers and wholesalers of rubber heels and soles who sell to the
five-and-ten cent stores. The respondents’ activities were found to
have resulted in undue restraint of trade in the rubber heel and
sole business.

The respondent company and trade association are also directed
to stop circularizing the rubber heel and sole industry with litera¬
ture falsely derogatory to manufacturers and wholesalers who sell
to the five-and-ten cent stores, and which designates sources from
which information may be obtained disclosing the identity of manu¬
facturers and wholesalers who sell or who do not sell to the five-
and-ten cent stores.

No. 2853. An order to cease and desist has been entered against
F. L. McWethy, 329 Michigan Ave., Marshall, Mich., pro¬
hibiting him from representing in advertising matter or in radio
broadcasts that “McWethy’s Home Treatment,” which he sells in
interstate commerce, is an effective remedy or a cure for bladder,
prostatic, kidney or bowel troubles, and that it reaches all of the
underlying causes of such ailments.

Other representations ordered discontinued are that the respond¬
ent’s preparation will have a beneficial effect upon an acid or
rheumatic condition of the blood causing bladder irritations, and
that delay in taking the medicine may make it too late for one to
treat a bladder ailment effectively.

No. 2922. An order to cease and desist has been issued against
Group Sales Corporation, 215 West 39th St., New York City,
requiring that company to discontinue certain unfair trade repre¬
sentations in the sale of silks, acetates and rayon piece goods in
interstate commerce. The respondent company is a jobber and
wholesaler.

The order bars representation that certain products it sells are
the products of well and favorably known and extensively adver¬
tised silk, acetate and rayon manufacturers, when such products
are not actually made by such manufacturers. It prohibits use of
the names of manufacturers of silk, acetate and rayon as the
makers of any of the respondent company’s products not actually
made by such manufacturers.

FEDERAL TRADE COMMISSION CLOSES CASES

The Federal Trade Commission has announced the dismissal and
closing of the following cases:

Nos. 2487-2623-2703 and 2723. Orders have been entered clos¬
ing without prejudice four cases against wine dealers who had been
charged in complaints issued by the Commission with misbranding
and false advertising in connection with the sale of their products.

The cases were closed, according to the orders, because the sub¬
ject matter of the complaints is covered by Regulations No. 4,
relating to labeling and advertising of wine, which became effective
December 15, 1936, pursuant to the Federal Alcohol Administration
Act of August 29, 1935.

Respondents in the cases closed are:

Wines of France, Ltd., 119 West 57th St., New York City,
and its agent, International Champagne Corporation, 629
Grove St., Jersey City, N. J.; Joseph Della Monica, trading as
Delmonico’s, 182 Fifteenth St., Brooklyn; Wente Brothers,
Livermore, Calif., and Shewan-Jones, Inc., 85 Second St., San
Francisco.

No. 2538. The Commission also dismissed a complaint charging
Stmtwear Knitting Co., 1015 South Sixth St., Minneapolis,
with unfair methods of competition in the sale of women’s hosiery.

FEDERAL COMMUNICATIONS COMMISSION
ACTION

HEARING CALENDAR

The following broadcast hearings are scheduled at the Commis¬
sion for the week beginning Monday, February 1 :

Monday, February 1

HEARING BEFORE AN EXAMINER
(Broadcast)

NEW — Columbia Radio Co., Inc., Columbia, S. C. — C. P., 1200
kc., 100 watts, unlimited time.

NEW — Carolina Advertising Corp., Columbia, S. C. — C. P., 1370
kc., 100 watts, 250 watts LS, unlimited time.

NEW — Hammond-Calumet Broadcasting Corp., Hammond, Ind. —
C. P„ 1480 kc., 5 KW, daytime.

NEW — Northwestern Publishing Co., Danville, III. — C. P., 1500
kc., 250 watts, daytime.

NEW — Curtis Radiocasting Corp., Indianapolis, Ind. — C. P., 1500
kc., 100 watts, 250 watts LS, specified hours.

WKBV— Knox Radio Corp., Richmond, Ind. — Modification of
license, 1500 kc., 100 watts, unlimited time. Present assign¬
ment: 1500 kc., 100 watts, specified hours.

Tuesday, February 2

HEARING BEFORE AN EXAMINER
(Broadcast)

WMEX — The Northern Corporation, Boston, Mass. — C. P., 1470
kc., 5 KW, unlimited time.

Wednesday, February 3
HEARING BEFORE AN EXAMINER
(Broadcast)

WCAE— WCAE, Inc., Pittsburgh, Pa. — Renewal of license (and
auxiliary), 1220 kc., 1 KW, 5 KW LS; auxiliary, 1 KW day
and night, unlimited time.

Thursday, February 4

ORAL ARGUMENT BEFORE THE BROADCAST
DIVISION

Examiner’s Report No. 1-306:

WKZO — WKZO, Inc., Kalamazoo, Mich. — C. P., 590 kc., 250
watts, 1 KW LS, unlimited time.

Examiner’s Report No. 1-307 :

NEW — North Jersey Broadcasting Co., Inc., Paterson, N. J. —
C. P., 620 kc., 250 watts, daytime.

1901

Examiner’s Report No. 1-312:

NEW — The News Press Publishing Co., Santa Barbara, Calif. —
C. P., 1220 kc., 500 watts, unlimited time.

Friday, February 5

HEARING BEFORE AN EXAMINER
(Broadcast)

NEW — Radio Enterprises, partnership of R. Lacy and J. R. Curtis,
Lufkin, Tex. — C. P., 1310 kc., 100 watts, daytime.

NEW — Red Lands Broadcasting Assn., Ben T. Wilson, Pres.,
Lufkin, Tex. — C. P., 1310 kc., 100 watts, daytime.

NEW— The Waterloo Times-Tribune Publishing Co., Waterloo,
Iowa. — C. P., 1370 kc., 100 watts, daytime.

APPLICATIONS GRANTED

KSTP— National Battery Broadcasting Co., St. Paul, Minn.—
Granted C. P. for changes in equipment.

WISN — Hearst Radio, Inc., Milwaukee, Wis. — Granted C. P. to
move transmitter locally to 231 W. Mich. St., and install
vertical radiator.

KRE— Central California Broadcasters, Inc., Berkeley, Calif. —
Granted C. P. for approval of transmitter at E. Shore High¬
way and studio at 2337 Shattuck Ave.; install new equip¬
ment and vertical radiator.

WMFN— Attala Broadcasting Corp., Grenada, Miss— Granted
modification of C. P. extending completion date to 4-28-37.

KFJB— Marshall Electric Co., Inc., Marshalltown, Iowa. — Granted
modification of C. P. as modified extending commencement
date to 1-18-37 and completion date to 3-18-37.

KSUB— Johnson & Perry, Cedar City, Utah.— Granted modifica¬
tion of C. P. approving transmitter at W. 2nd South, and
studio at El Escalante Hotel, and install vertical radiator.

KOY— Salt River Valley Broadcasting Co., Phoenix, Ariz. — Granted
modification of C. P. to install new equipment.

WFII _ WFIL Broadcasting Co., Philadelphia, Pa.— Granted modi¬

fication of C. P. to extend commencement date to 3-1-37
and completion date to 8-31-37.

WEXL— Royal Oak Broadcasting Co., Royal Oak, Mich.— Granted
license to cover C. P., 1310 kc., 50 watts, unlimited time.

WAAU — Columbia Broadcasting System, Inc., Mobile (N. Y.). —
Granted license to cover C. P. for new relay broadcast sta¬
tion, frequencies 1646, 2090, 2190 and 2830 kc., 50 watts.

KFEQ— KFEQ, Inc., St. Joseph, Mo. — Granted license to cover
C. P., 680 kc., 254 KW, daytime only.

WALR — WALR Broadcasting Corp., Zanesville, Ohio. — Granted
license to cover C. P., 1210 kc., 100 watts, unlimited time.

WEOA — Evansville on the Air, Inc., Evansville, Ind.— Granted
license to cover C. P., 1370 kc., 100 watts night, 250 watts
day, unlimited time.

WTAR — WTAR Radio Corp., Norfolk, Va. — Granted license to
cover C. P., 780 kc., 500 watts night, 1 KW day, for emer¬
gency purposes only.

WAAB — Bay State Broadcasting Corp., Boston, Mass. — Granted
license to cover C. P., 1410 kc., 500 watts, unlimited time.

WGH — Hampton Roads Broadcasting Corp., Newport News, Va. —
Granted license to cover C. P., 1310 kc., 100 watts night, 250
watts day, unlimited time.

WNAC — Shepard Broadcasting Service, Inc., Boston, Mass. —
Granted modification of license to change name from

Shepard Broadcasting Service, Inc., to The Yankee Network,
Inc.

WEAN — Shepard Broadcasting Service, Inc., Providence, R. I. —
Granted modification of license to change name from

Shepard Broadcasting Service, Inc., to The Yankee Network,
Inc.

WKRC — Columbia Broadcasting System, Inc., Cincinnati, Ohio. —
Granted extension of special experimental authority to op¬
erate with 1 KW for the period March 1 to Sept. 1, 1937.

KFAB — KFAB Broadcasting Co., Lincoln, Nebr. — Granted exten¬
sion of special experimental authority to operate syn¬
chronously with WBBM, Chicago, from local sunset at
Lincoln to 12 midnight, CST, for period Feb. 1, to Aug. 1,
1937.

WBBM — Columbia Broadcasting System, Inc., Chicago, Ill. —
Granted extension of special experimental authority to op¬
erate synchronously with KFAB, Lincoln, from local sun¬
set at Lincoln to 12 midnight, for the period Feb. 1, to
Aug. 1, 1937.

KRMC — Roberts MacNab Co., Jamestown, N. Dak. — Granted
modification of C. P. approving transmitter site at 1 mile
from center of city, on U. S. Highway No. 10, Jamestown,
N. Dak.; installation of new equipment and vertical radiator,
and increase in day power from 100 watts to 250 watts;
1310 kc., 100 watts night, simultaneous day, share KVOX
night.

WICC — Southern Connecticut Broadcasting Corp., Bridgeport,
Conn. — Granted voluntary assignment of license to The
Yankee Network, Inc.

WAAB — Bay State Broadcasting Corp., Boston, Mass. — Granted
voluntary assignment of license to The Yankee Network,
Inc.

KFPL — C. C. Baxter, Dublin, Tex. — Granted license to cover C. P.
as modified; 1310 kc., 100 watts night, 250 watts day,
unlimited.

WWL — Loyola University, New Orleans, La. — Granted extension
of special experimental authority to operate unlimited time
on 850 kc., with 10 KW, for period Feb. 1 to Aug. 1, 1937.

KDAL — Red River Broadcasting Co., Inc., Duluth, Minn. — Present
license extended for period of 3 months.

WWL — Loyola University, New Orleans, La. — Granted extension
of present license for period of 2 months.

WIOD-WMBF — Isle of Dreams Broadcasting Corp., Miami, Fla. —
Granted renewal of license for the period Nov. 1, 1936, to
May 1, 1937.

W10XCC - W10XCH - W10XED - W10XV — National Broadcasting
Co., Inc., Mobile. — Granted C. P. for changes in equipment
and increase in power from 15 to 25 watts.

W2XE — Columbia Broadcasting System, Inc., New York City. —
Granted modification of C. P. extending completion date to
4-28-37.

SET FOR HEARING

WCHS — Charleston Broadcasting Co., Charleston, W. Va.— C. P.
to install vertical radiator at present site; increase night
power from 500 watts to 1 KW (580 kc., 1 KW, day, un¬
limited).

KIEM — Redwood Broadcasting Co., Inc., Eureka, Calif. — C. P.
to install new equipment and increase power from 500 watts
to 1 KW.

KRE — Central California Broadcasters, Inc., Berkeley, Calif. —
C. P. to move transmitter to East Shore Highway and studio
to 2337 Shattuck Ave. (locally) ; install new equipment and
vertical radiator; change frequency from 1370 kc. to 1440
kc.; increase power from 100 watts night, 250 watts day,
unlimited, to 1 KW, unlimited.

WSB — Atlanta Journal Co., Atlanta, Ga. — C. P. to install new
equipment and vertical radiator at present transmitter loca¬
tion; increase power from 50 KW to 500 KW. To be heard
before the Broadcast Division.

WHIS — Daily Teleg. Printing Co., Bluefield, W. Va. — Modification
of license to increase night power from 500 watts to 1 KW.

WKBH — WKBH, Inc., La Crosse, Wis. — Application for renewal
of license for the period 11-1-36 to 5-1-37; 1380 kc., 1 KW,
unlimited.

WSVS — Elmer S. Pierce, Principal, Seneca Vocational High School,
Buffalo, N. Y. — Application for renewal of license for period
1-1-37 to 7-1-37; 1370 kc., 50 watts day— 8:30 a. m. to 10
a. m., 2 to 3 p. m.

WSAJ — Grove City College, Grove City, Pa. — Application for re¬
newal of license for the period 12-1-36 to 6-1-37; 1310 kc.,
100 watts, specified hours — Sunday, 4:30 to 5:30 p. m.; two
days each week, 7 to 10:30 p. m., EST.

APPLICATIONS DISMISSED

The following applications, heretofore set for hearing, were dis¬
missed at request of applicants:

NEW — Eugene Meyer & Co., d/b as The Washington Post, Wash¬
ington, D. C. — C. P., 1310 kc., 100 watts, 250 watts LS, un¬
limited.

NEW — Abraham Plotkin, Chicago, Ill. — C. P., 1600 kc., 100 watts,
250 watts LS, unlimited.

SPECIAL TEMPORARY AUTHORIZATIONS

WJAG — The Norfolk Daily News, Norfolk, Nebr. — Granted ex¬
tension of special temporary authority to operate on 1060
kc., with power of 1 KW and limited time, for the period
beginning 3 a. m., EST, Feb. 1, 1937, and ending in no event
later than 3 a. m., EST, Aug. 1, 1937,

1902

KWJJ — KWJJ Broadcast Co., Inc., Portland, Ore. — Granted ex¬
tension of special temporary authority to operate on 1040
ltc., limited time, and resume operation from 9 p. m. to 3
a. m., PST, for the period beginning 3 a. m., EST, Feb. 1,
1937, and ending in no event later than 3 a. m., EST, Aug. 1,
1937.

WAAU — Columbia Broadcasting System, Inc., 485 Madison Ave¬
nue, New York, N. Y. — Granted special temporary authority
to operate a mobile relay broadcast station on Jan. 26, 1937,
in order to broadcast an air show program.

KTEM — Bell Broadcasting Co., Temple, Tex. — Granted special
temporary authority to conduct broadcast after stations
KFJZ, KONO and KM AC have signed off, in connection
with WHAS Louisville flood relief work, for a period from
12 midnight to 6 a. m., CST, Jan. 26 and 27, 1937.

WMAZ — Southeastern Broadcasting Co., Inc., Macon, Ga. —
Granted special temporary authority to operate from 7:15
p. m., EST, to 12 midnight, Jan. 30, 1937, in order to broad¬
cast the President’s Birthday Ball.

WELI — City Broadcasting Corp., New Haven, Conn.— Granted
special temporary authority to operate from 8 p. m. until
12 midnight, EST, Jan. 30, 1937, in order to broadcast the
New Haven section Birthday Ball to the President, to be
held at the New Haven Armory.

WTRC — The Truth Publishing Co., Inc., Elkhart, Ind. — Granted
special temporary authority to operate simultaneously with
WLBC from 7:30 p. m. to 10 p. m., CST, Feb. 5, 6, 12, 13,
19, 20, 26 and 27, 1937, for the purpose of broadcasting
Elkhart High School basketball games; also from 7:30 p. m.
to 10:30 p. m., CST, Feb. 12, 1937, in order to broadcast
a combined Lincoln-Washington anniversary program.

KFRO — Voice of Longview, Longview, Tex. — Granted special tem¬
porary authority to operate from local sunset (February sun¬
set, 6 p. m.) until 9 p. m., CST, on Sundays, Feb. 7, 14,
21 and 28, 1937, in order to broadcast services of the
Kelly Memorial Methodist Church of Longview.

WJEJ — Hagerstown Broadcasting Co., Hagerstown, Md. — Granted
extension of special temporary authority to operate with
power of 30 watts from local sunset (5:45 p. m.) to 11 p. m.,
EST, on Tuesdays, Thursdays, Saturdays and Sundays, dur¬
ing the month of Feb. 1937, pending compliance with Rule
131 on modification of license application requesting this
authority.

WSYB — Philip Weiss, t/a Philip Weiss Music Co., Rutland, Vt.—
Granted special temporary authority to operate from 9 a. m.
to 10 a. m., EST, for period beginning Feb. 1, 1937, and
ending in no event later than Feb. 27, 1937, in order to
broadcast the Rutland County Community programs.

WCAX — Burlington Daily News, Inc., Burlington, Vt. — Granted
special temporary authority to operate from 8 p. m. to 10:30
p. m., EST, Feb. 2, 6, 13 ; from 10 p. m. to 10:30 p. m., EST.
Feb. 5, 12, 19, 26; and from 7 p. m. to 10:30 p. m., EST, Feb.
22, 1937, in order to broadcast University and High School
basketball games.

WTIC — The Travelers Broadcasting Service Corp., Hartford,
Conn. — Granted extension of special temporary authority to
operate simultaneously with KRLD on frequency of 1040
kc., with 50 KW power for period ending Aug. 1, 1937.

KTHS — Hot Springs Chamber of Commerce, Hot Springs National
Park, Ark.— Granted extension of special experimental au¬
thority to operate on 1060 kc., with 10 KW power, simul¬
taneously with WBAL, from 6 a. m. to LS, sharing after
sunset (KTHS operates unlimited 8 p. m., to midnight),
for the period ending Aug. 1, 1937.

KRLD — KRLD Radio Corp., Dallas, Texas. — Granted extension
of special temporary authority to operate simultaneously
with WTIC, Hartford, Conn., for the period ending Aug. 1,
1937.

WESG — Cornell University, Ithaca, N. Y. — Granted extension of
special temporary authority to operate on 850 kc., daylight
to sunset at New Orleans, La., with 1 KW power to period
ending Aug. 1, 1937.

WBAL — The WBAL Broadcasting Co., Baltimore, Md. — Granted
extension of special temporary authority to operate on 1060
kc., with 10 KW power, simultaneously with KTHS from
6 a. m. to sunset at Hot Springs, Ark., and from sunset at
KTHS to 9 p. m., EST, unlimited time, and synchronously
with WJZ on 760 kc., with 2 y2 KW power, from 9 p. m.,
EST, to midnight employing directional antenna system for
the period ending Aug. 1, 1937.

RATIFICATIONS

WEOA — Evansville on the Air, Inc., Evansville, Ind. — Granted
extension program test period 30 days from January 19,
1937.

WABG — Memphis Commercial Appeal, Inc., Memphis, Tenn. —
Granted authority to operate as licensed period 10 days be¬
ginning 1-21, for emergency use in connection with flood in
vicinity Kennett, Mo.

KIGA-KABE — National Battery Broadcasting Co., St. Paul, Mo.
— Granted authority operate as licensed period January 24,
ending no event later than Feb. 6, relay broadcast St. Paul
Winter Sports Carnival.

WTAG — Worcester Telegram Publ. Co., Inc., Worcester, Mass. —
Granted extension program test period for period of 10
days from January 21, 1937.

W8XFM-W8XFO-W8XIK — The Crosley Radio Corp., Cincinnati,
Ohio. — Granted authority to operate as licensed for period
of 10 days beginning Jan. 18, for emergency use in coopera¬
tion with local authorities in connection with Ohio River
floods.

W8XIR — WGAR Broadcasting Co., Cleveland, Ohio. — Granted
authority to operate as licensed for an additional period of
30 days beginning January 17 to February 17, relay broad¬
cast interviews with school children.

W9XLC — Racine Broadcasting Corp., Racine, Wise. — Granted au¬
thority to operate as licensed on January 31, relay broadcast
Racine Ski Club annual Ski Jump.

Radio Station WPAY, Portsmouth, Ohio. — Granted authority to
operate emergency transmitter 1370 kc., 75 watts for general
communication purposes and public service in event main
transmitter becomes inoperative, for a period not to exceed
30 days in accordance with Rule 23. Station will be held
responsible for deviations in excess of 50 cycles from assigned
frequency.

W10XAK-W10XAN — National Broadcasting Co., Inc., New York,
N. Y. — Granted authority to operate as licensed Jan. 22 to
28 inch in flood area near Hazelton, Ind.
W10XFR-W10XEB — National Broadcasting Co., Inc.,, New York,
N. Y.— Granted authority to operate as licensed Jan. 25 to
29, inch in San Francisco in connection with program in¬
quiring reporter.

KPPC— Pasadena Presbyterian Church, Pasadena, Calif. — Granted
extension program test period 30 days from Jan. 18, 1937.
WBNX — Standard Cahill Co., Inc., New York, N. Y. — Granted
authority for WBNX to remain silent for period not to
exceed 3 days provided licensed operator cannot be obtained.
WIEX — United Air Lines Transport, Inc., Washington, D. C.—
Granted special temporary authority to operate the regu¬
larly licensed aircraft transmitter KHAQY, aboard United
Air Lines plane, as a relay broadcast station, on frequency
1606, 2022, 2102, 2758 kc., power 50 watts on Jan. 26 and
27 (and 28th and 29th if weather conditions not favorable),
1937, in connection with NBC “Flying Time” program in
Chicago, Ill.

The Broadcast Division granted the petition of Indianapolis
Power and Light Company (WFBM), Indianapolis, Ind., to inter¬
vene in the proceedings on the application of Curtis Radiocasting
Corp., for construction permit for new station in Indianapolis, Ind.,
Docket No. 4323.

The Broadcast Division granted the petition of Twin City
Broadcasting Co., Inc., to intervene in the proceedings upon the
application of James D. Scannell, for construction permit for new
station in Lewiston, Me. Docket No. 2624.

The Broadcast Division granted the petition of the Birmingham
Broadcasting Co., Inc. (WBRC), to intervene in the proceedings
upon the application of the Birmingham News Company for Con¬
struction Permit, File No. B3-P-997, Docket No. 3975, for new
station at Birmingham, Alabama.

The Broadcast Division granted the petitions of Curtis Radio¬
casting Corp., waived Rule 104.6 (b), and accepted its answer in
connection with the applications of Knox Radio Corp., Richmond,
Ind. (Docket No. 4247), and the Northwestern Publishing Co.,
Danville, Ill. Docket No. 4177.

The Broadcast Division upon consideration of a petition filed
in behalf of the Montgomery Broadcasting Co., respondent, directed
that all parties involved in the proceeding relative to the Allen
and Covington application (John S. Allen and G. W. Covington,
Jr., Montgomery, Alabama), Docket No. 3982, be given until Mon¬
day, January 25, 1937, to file exceptions to Examiners Report
No. 1-324.

1903

ACTION ON EXAMINERS’ REPORTS

NEW — Ex. Rep. 1-251 : Voice of Marshall Assn., Marshall, Tex. —
Denied C. P. for new broadcast station to operate on 1500
kc., 100 watts, specified hours (site to be determined sub¬
ject to Commission’s approval) . Examiner George H. Hill
sustained. Order effective March 9, 1937.

NEW — Ex. Rep. 1-272: Gulf Coast Broadcasting Co., Corpus
Christi, Tex. — Granted C. P. for new broadcast station to
operate on 1330 kc., 250 watts night, 500 watts day, un¬
limited time. Examiner George H. Hill sustained. Order
effective March 2, 1937.

NEW- — Ex. Rep. 1-287: C. A. Rowley, Ashtabula, Ohio. — Granted
C. P. for new broadcast station to operate on 940 kc., 250
watts, daytime (site to be determined subject to Commis¬
sion’s approval). Examiner John P. Bramhall sustained.
Order effective March 9, 1937.

KFPM — Ex. Rep. 1-321: Voice of Greenville, Greenville, Tex. —
Dismissed application for renewal of license. Examiner
P. W. Seward sustained. Order effective March 2, 1937.
KFPM— Ex. Rep. 1-322: Dave Ablowich, tr. as The New Furni¬
ture Co., Greenville, Tex. — Dismissed application for volun¬
tary assignment of license from Dave Ablowich, tr. as The
New Furniture Co., to Voice of Greenville; 1310 kc., 15
watts, specified hours. Examiner P. W. Seward sustained.
Order effective March 2, 1937.

NEW — Ex. Rep. 1-326: The Southwest Broadcasting Co., La Junta,
Colo. — Granted C. P. for new broadcast station to operate
on 1370 kc., 100 watts, unlimited time. Examiner P. W.
Seward sustained. Order effective March 9, 1937.

ORAL ARGUMENTS

NEW — Ex. Rep. 1-240: Continental Radio Company, Columbus,
Ohio. — Granted oral argument to be held March 4, 1937.
NEW — Ex. Rep. 1-241: Continental Radio Company, Toledo,
Ohio. — Granted oral argument to be held March 4, 1937.

MISCELLANEOUS

KLO — Ex. Rep. 1-221: Interstate Broadcasting Corp., Ogden,
Utah. — Effective date further extended for a period of 30
days.

NEW — Ex. Rep. 1-259: K. K. Kidd and A. C. Kidd, Taft, Calif. —
Effective date extended to February 2, 1937.

NEW — Ex. Rep. 1-252: Maddox & Hair, d/b as Chattanooga
Broadcasting Co., Chattanooga, Tenn. — Effective date ex¬
tended to February 9, 1937.

WMBG — Ex. Rep. 1-222: Havens & Martin, Inc., Richmond, Va. —
Effective date extended to February 9, 1937.

NEW — Century Broadcasting Co., Inc., Richmond, Va. — Effective
date extended to February 9, 1937.

NEW — Ex. Rep. 1-225: Havens, Woodwad, Jones, Wood, d/b as
Petersburg Broadcasting Co., Petersburg, Va. — Effective date
extended to February 9, 1937.

WPHR — WLBG, Inc., Petersburg, Va. — Effective date extended to
February 9, 1937.

NEW — Ex. Rep. 1-285: The Times-Dispatch Pub. Co., Inc., Rich¬
mond, Va. — Effective date extended to February 9, 1937.
WJAX — City of Jacksonville, Jacksonville, Fla. — Granted petition
to intervene in hearing of application of Metropolis Co. for
C. P. for new radio broadcasting station at Jacksonville,
Fla., to operate on 1290 kc., 250 watts, unlimited time.
NEW — R. Lacy and J. R. Curtis, d/b as Radio Enterprises, Lufkin,
Tex. — Refused and returned proposed amendment to original
application for C. P. to erect new broadcast station to
operate on 1310 kc., 100 watts, daytime, scheduled for hear¬
ing Feb. 5, 1937. Amendment changed applicant from a
partnership to a corporation, embracing among stockholders
two of the parties involved in application of Lufkin Pub¬
lishing Co., another applicant for authority to erect broad¬
cast station at Lufkin, to operate on similar assignment.
Lufkin Pub. Company sought to merge its application with
that of Radio Enterprises.

RENEWAL OF LICENSES

The Commission directed that the license of Station WHBI,
Newark, N. J., expiring 3 a. m., EST, Oct. 1, 1936, extended on a
temporary basis only to 3 a. m., EST, Nov. 1, 1936, and further
extended on a temporary basis only to 3 a. m., EST, Feb. 1, 1937,
be further extended upon a temporary basis only for the period
ending in no event later than 3 a. m., EST, March 1, 1937, subject

to such action as may be taken upon the application for renewal
of license pending before it, subject, further, to the condition that
nothing contained in said extension of license shall be construed as
a finding that the operation of the station is or will be in the public
interest beyond the express terms thereof.

KWKH — International Broadcasting Corp., Shreveport, La. — Pres¬
ent license extended on a temporary basis only for the period
Feb. 1 to March 1, 1937, pending receipt and/or action on
renewal application.

KGFG — Oklahoma Broadcasting Co., Inc., Oklahoma City, Okla. —
Present license further extended on a temporary basis only
for the period Feb. 1 to March 1, 1937, subject to such
action as may be taken on pending application for renewal.

The following stations were granted renewal of television (exp.)
station licenses for the period Feb. 1, 1937, to Feb. 1, 1938, in exact
conformity with existing licenses:

W2XAX, Columbia Broadcasting System, Inc., New York;
W6XAO, Don Lee Broadcasting System, Los Angeles; W9XAL,
First National Television, Inc., Kansas City, Mo.; W1XO, General
Television Corp., Boston; W2XBS, National Broadcasting Co.,
Inc., New York City; W2XDR, Radio Pictures, Inc., Long Island
City, N. Y.; W3XEP, RCA Mfg. Co., Inc., Camden, N. J.;
W10XX, RCA Mgf. Co., Mobile; W9XX, W9XUI, University of
Iowa, Iowa City; W9XAT, Dr. Geo. W. Young, Minneapolis;
W9XD, Milwaukee Journal, Milwaukee, Wis.; W9XG, Purdue
University, W. Lafayette, Ind.; W3XE, Philco Radio & Television
Corp., Philadelphia.

The following applications for renewal of broadcast station
licenses were granted for the regular period:

KFI and auxiliary, Los Angeles, Calif.; KFVD, Los Angeles,
Calif.; KGDM, Stockton, Calif.; KGU, Honolulu, Hawaii; KIRO,
Seattle, Wash.; KNX, Los Angeles, Calif.; WEW, St. Louis, Mo.;
WGY, Schenectadv, N. Y., and auxiliary; WIBG, Glenside, Pa.;
WJZ, New York, N. Y.; WOV, New York, N. Y.; WSM, Nash¬
ville, Tenn.

The Commission granted renewal of the following licenses on a
temporary basis only for the term beginning 3 a. m., EST, Feb. 1,
1937, and ending 3 a. m., EST, Aug. 1, 1937, said temporary
licenses to contain the following clause: “This license is granted on
a temporary basis only and subject to such action as the Commis¬
sion may take upon the licensee’s pending application for renewal
of license. No authority herein contained shall be construed as a
finding by the Commission that the operation of this station is, or
will be in the public interest beyond the express terms hereof”:

KWJJ, Portland, Ore.; WESG, Elmira, N. Y.; and WJAG, Nor¬
folk, Nebr.

The Commission granted applications for renewal of the follow¬
ing licenses for the period ending 3 a. m., EST, July 1, 1937:

KCMC, Texarkana, Ark.; KUMA, Yuma, Ariz.; and WMSD,
Sheffield, Ala.

The Commission granted applications for renewal of license of
the following for period ending 3 a. m., EST, June 1, 1937:

KVSO, Ardmore, Okla.; WTAL, Tallahassee, Fla.

The Commission granted an extension of the following licenses
expiring 3 a. m., EST, Feb. 1, 1937, upon a temporary basis only
for the period ending in no event later than 3 a. m., EST, March 1,
1937, pending receipt and/or action on application for renewal of
license :

WJZ auxiliary, New York, N. Y.; and WSM auxiliary, Nashville,
Tenn.

The Commission directed that the licenses of the following station
expiring 3 a. m., EST, Jan. 1, 1937, and extended upon a temporary
basis only to 3 a. m., EST, Feb. 1, 1937, be further extended upon
a temporary basis only for period ending in no event later than
3 a. m., EST, March 1, 1937, pending receipt and/or action on
application for renewal of license:

WPRP, Ponce, Puerto Rico ; and WRDO, Augusta, Me.

APPLICATIONS RECEIVED
First Zone

WJZ— National Broadcasting Co., Inc., New York, N. Y. — Modi-
760 fication of license to reduce operating power of auxiliary
transmitter from 30 KW to 25 KW.

1904

WEAN — Shepard Broadcasting Service, Inc., Providence, R. I. —
780 Construction permit to make changes in equipment and in¬
crease power from 1 KW to 1 KW night and S KW day.
WORL — Broadcasting Service Organization, Inc., Boston, Mass. —
920 Construction permit to install directional antenna day and
night use, increase power from 500 watts to 1 KW and
hours of operation from daytime to unlimited. Amended:
To change transmitter site from Great Plain Ave., Babson
Park, Needham, Massachusetts, to Near Belmont, Cam¬
bridge, Massachusetts, and use directional antenna at night.
WESG — Cornell University, Ithaca, N. Y. — Extension of special
1040 experimental authorization to operate on 850 kc., daylight
to sunset at New Orleans, Louisiana, for period 2-1-37 to
8-1-37.

NEW — Press-Union Publishing Co., Atlantic City, N. J. — Con-
1200 struction permit for a new station to be operated on 1200
kc., 100 watts, daytime.

NEW — Frank M. Stearns, Salisbury, Md.— Construction permit
1200 for a new station to be operated on 1200 kc., 250 watts,
daytime.

NEW — Fall River Herald News Publishing Co., Fall River, Mass.
1240 — Construction permit for a new station to be operated on
1240 kc., 1 KW, unlimited time, directional antenna.
WFBR — The Baltimore Radio Show, Inc., Baltimore, Md. — Con-
1270 struction permit to install new transmitter and directional
antenna for day and night use, increase power from 500
watts night, 1 KW day to 5 KW day and night, and move
transmitter locally.

WDRC — WDRC, Inc., Hartford, Conn.— Special experimental
1330 authorization to erect a “booster” station at New Haven,
Connecticut, site to be determined, to be operated on 1330
kc., 250 watts power, to synchronize with WDRC at Hart¬
ford, Connecticut, for period from 5-1-37 to 11-1-37.
National Broadcasting Co., Inc., New York, N. Y. — Extension of
authority to transmit recorded programs to all broadcast
stations in Canada licensed to operate by the Canadian
Government, which may be heard consistently in the
United States.

National Broadcasting Co., Inc., New York, N. Y. — Extension of
authority to transmit programs to stations CFCF and CRCT
and the Canadian Radio Broadcasting Commission.
W1XER — Shepard Broadcasting Service, Inc., Quincy, Mass.—
Modification of license to change corporate name of Shepard
Broadcasting Service, Inc., to The Yankee Network, Inc.
W1XAC — Shepard Broadcasting Service, Inc., Quincy, Mass. —
Modification of license to change corporate name of Shepard
Broadcasting Service, Inc., to The Yankee Network, Inc.
W10XCT— Shepard Broadcasting Service, Inc., Boston, Mass. —
Modification of license to change corporate name of Shepard
Broadcasting Service, Inc., to The Yankee Network, Inc.
WBRY — American-Republican, Inc., Waterbury, Conn. — Construc¬
tion permit to install a new transmitter and increase power
from 1 KW to 1 KW night, 5 KW day.

Second Zone

WJAY — Cleveland Radio Broadcasting Corp., Cleveland, Ohio. —
610 Authority to determine operating power by direct measure¬
ment of antenna.

WIP — Pennsylvania Broadcasting Co., Philadelphia, Pa. — Exten-
610 sion of special authorization to operate with 1 KW power
from 3-1-37 to 9-1-37.

WTAR — WTAR Radio Corporation, Norfolk, Va. — Modification
780 of construction permit (B2-P-1074) for change in power,
install directional antenna for night use and move of trans¬
mitter, requesting extension of completion date from 3-2-37
to 6-2-37.

WMMN — Monongahela Valley Broadcasting Co., Fairmont, W.
890 Va. — Authority to determine operating power by direct
measurement of antenna.

WMMN— Monongahela Valley Broadcasting Co., Fairmont, W.
890 Va. — Construction permit to install a new transmitter and

increase power from 500 watts, 1 KW daytime to 1 KW
night, 5 KW day. Amended: To change name from A. M.
Rowe, Inc., to Monongahela Valley Broadcasting Co.
WPEN— Wm. Penn Broadcasting Co., Philadelphia, Pa.— Modifi-
920 cation of license to increase operating power from 250 watts
night, using directional antenna and 500 watts daytime to
1 KW day and night, using directional antenna at night.
Amended: To use directional antenna both day and night.
WRAX— WRAX Broadcasting Co., Philadelphia, Pa. — Modifica-
920 tion of license to increase operating power from 250 watts

night, using directional antenna and 500 watts daytime to
1 KW day and night, using directional antenna at night.
Amended: To use directional antenna both day and night.
WWVA — West Virginia Broadcasting Corp., Wheeling, W. Va. —
1160 Authority to determine operating power by direct measure¬
ment of antenna.

WSMK — WSMK, Inc., Dayton, Ohio. — Construction permit to in-
1380 stall a new transmitter, increase power from 200 watts to
250 watts night, 500 watts day, change hours of operation
from simultaneous day, specified hours night to unlimited
time, move transmitter from Fractional Section No. 8,
Twp. 1, Range 7, between Little & Great Miami Rivers
(near) Dayton, Ohio, to Town 2, Range 7, MRs. of Mad-
river Twp., Montgomery County, Ohio, and install directional
antenna for night use. Amended: To make antenna changes.
WHK — The Radio Air Service Corp., Cleveland, Ohio. — Modifica-
1390 tion of license to increase power from 1 KW night, 2 *4 KW
day to 1 KW night, 5 KW day.

NEW — Philadelphia Radio Broadcasting Corp., Philadelphia, Pa. —
1570 Construction permit for a new special broadcast station to
be operated on 1570 kc., 1 KW, unlimited time.

Third Zone

WWL — Loyola University, New Orleans, La. — Construction per-
850 mit to install new equipment, increase power from 10 KW
to 50 KW, and change hours of operation from specified
hours to unlimited. Amended to omit request for change
in hours of operation.

WKY — WKY Radiophone Co., Oklahoma City, Okla. — Modifica-
900 tion of license to change power from 1 KW night, 5 KW
day, to 5 KW day and night.

NEW — T. E. Kirksey, Waco, Tex. — Construction permit for a new
930 station to be operated on 1330 kc., 500 watts, unlimited
time. Amended to change frequency from 1330 kc. to ,930
kc., power from 500 watts to 250 watts night, 500 watts
day, and specify vertical antenna.

WTAW — Agricultural & Mechanical College of Texas, College Sta-
1120 tion, Tex. — Modification of license to change hours of opera¬
tion from specified hours to daytime only.

WMFR — Radio Station WMFR, Inc., High Point, N. C. — Modifi-
1200 cation of license to change hours of operation from daytime
to specified hours (6 a. m. to 7:30 p. m.), using 100 watts
power.

KGHI — Arkansas Broadcasting Co., Little Rock, Ark. — License to
1200 cover construction permit (B3-P-1545) for move of trans¬
mitter and installation of new vertical antenna.

KMLB — Liner’s Broadcasting Station, Inc., Monroe, La. — Au-
1200 thority to make changes in automatic frequency control
equipment.

WMFN — Attala Broadcasting Corp., Grenada, Miss. — Voluntary
1210 assignment of construction permit (B3-P-829) from Attala
Broadcasting Corporation to P. K. Ewing.

NEW — Athens Times, Inc., Athens, Ga. — Construction permit for
1210 a new station to be operated on 1210 kc., 100 watts night,
250 watts day, unlimited time.

KUOA — KUOA, Inc., Siloam Springs, Ark. — Modification of license
1260 to change frequency from 1260 kc. to 620 kc., power from
2*4 KW to 5 KW.

WJNO — Hazlewood, Inc., West Palm Beach, Fla. — Construction
1200 permit to make changes in equipment and increase power
from 100 watts to 250 watts.

KVSO — The Ardmoreite Publishing Co., Inc., Ardmore, Okla. —
1210 License to cover construction permit (B3-P-771) for change
in hours of operation.

NEW — John C. Hughes, Phenix City, Ala. — Construction permit
1310 for a new station to be operated on 1310 kc., 100 watts,
daytime. Amended to correct the spelling of Phoenix City,
Ala., to Phenix City, Ala.

KOCA — Oil. Capital Broadcasting Association (James G. Ulmer,
1370 Pres.), Kilgore, Tex. — License to cover construction permit
(B3-P-594) as modified for new station.

NEW — Faith Broadcasting Co., Inc., Wichita Falls, Tex. — Con-
1380 struction permit for a new station to be operated on 1380
kc., 1 KW, unlimited time. Amended to make changes in
equipment; change power from 1 KW to 1 KW night, 5 KW
day; for approval of transmitter site at 4)4 miles southwest
of Wichita Falls, Tex., and install directional antenna for
night use.

KABC— Alamo Broadcasting Co., Inc., San Antonio, Tex. — License
1420 to cover construction permit (B3-P-1399) for new trans¬
mitter.

1905

KGFF — KGFF Broadcasting Co., Inc., Shawnee, Okla. — Modifica-
1420 tion of license to change frequency from 1420 kc. to 1430
kc., power from 100 watts night, 250 watts day, to 250
watts day and night.

KNEL- — G. L. Burns, Brady, Tex. — Construction permit to make
1500 changes in transmitter, and increase power from 100 watts
to 250 watts.

NEW — WSMB, Inc., New Orleans, La. — Construction permit for
1500 a new station to be operated on 1500 kc., 100 watts night,
250 watts day, unlimited time.

KOTN — Universal Broadcasting Corp., Pine Bluff, Ark.— Con-
1500 struction permit to install vertical antenna and move studio
and transmitter locally.

Fourth Zone

KFEQ — KFEQ, Inc., St. Joseph, Mo. — Modification of license to
680 change hours of operation from daytime to unlimited time,
using 2 J/z KW power.

KELO — Sioux Falls Broadcast Association, Inc., Sioux Falls, S. Dak.
1200 —Modification of construction permit (B4-P-696) for a new
station, requesting changes in authorized equipment, for
approval of transmitter site at 3 miles west of Sioux Falls,
S. Dak., and approval of antenna. Also change studio site
from Carpenter Hotel, Sioux Falls, S. Dak., to 319 South
Phillips Ave., Sioux Falls, S. Dak.

WCAT — South Dakota State School of Mines, Rapid City, S. Dak.
1200 — License to cover construction permit (B4-P-1188) for new
antenna and move of transmitter and studio.

KANS — Charles C. Theis, Wichita, Kans. — Voluntary assignment
1210 of license from Charles C. Theis to The KANS Broadcasting
Co.

KOIL — Central States Broadcasting Co., Council Bluffs, Iowa. —
1260 License to cover construction permit (B4-P-1192) for
changes in equipment.

WLBC — Donald A. Burton, Muncie, Ind. — Modification of license
1310 to change hours of operation from simultaneous day, share
WTRC night, to unlimited.

WTAQ — WHBY, Inc., Green Bay, Wis. — Modification of license
1330 to modify directional antenna.

WGES — Oak Leaves Broadcasting Station, Inc., Chicago, Ill. —
1360 Construction permit to make changes in transmitting equip¬
ment and move transmitter and studio locally.

KABR — Aberdeen Broadcast Co., Aberdeen, S. Dak.- — Construction
1420 permit to install a new transmitter, change frequency from
1420 kc. to 1390 kc., and increase power from 100 watts to
1 KW. Amended to change requested power from 1 KW
to 500 watts night, 1 KW day; change type of equipment,
and install directional antenna for night use.

NEW — Clark Standiford and L. S. Coburn, Fremont, Nebr. — Con-
1420 struction permit for a new station to be operated on 1420
kc., 100 watts, unlimited time.

WTMV — Mississippi Valley Broadcasting Co., Inc., East St. Louis,
1500 Ill. — License to cover construction permit (B4-P-1256) as
modified for new equipment and increase in power.

Fifth Zone

KSFO — Associated Broadcasters, Inc., San Francisco, Calif. — Con-
560 struction permit to install a new transmitter and vertical
antenna, increase power from 1 KW to 1 KW night, 5 KW
day, and move transmitter from 1410 Tenth Ave., Oakland,
Calif., to Block 490 So. of Second Street, San Francisco, Calif.
Amended: To change name of applicant from Columbia
Broadcasting System of California, Inc., to The Associated
Broadcasters, Inc.

KYOS — Merced Star Publishing Co., Inc., Merced, Calif. — Modi-
1040 fication of license to change frequency from 1040 kc. to
1280 kc., change hours of operation from daytime to un¬
limited time, using 250 watts. Amended: To change re¬
quested frequency from 1280 kc. to 1260 kc.

KJBS — Julius Brunton & Sons Co., San Francisco, Calif. — Modifi-
1070 cation of license to change frequency from 1070 kc. to 1080
kc.

KRSC — Radio Sales Corporation, Seattle, Wash. — License to cover
1120 construction permit (B5-P-498) as modified for changes in
equipment, increase in power, change in hours of operation,
and move of transmitter.

KFXM — J. C. & E. W. Lee (Lee Brothers Broadcasting Co.), San
1210 Bernardino, Calif. — Construction permit to install a new
transmitter, erect a vertical antenna, increase power from
100 watts to 100 watts night, 250 watts day, and move
transmitter locally.

NEW — Earl A. Nielsen, Phoenix, Ariz.— Construction permit for
1210 a new station to be operated on 1210 kc., 100 watts, un¬
limited time.

KWSC — State College of Washington, Pullman, Wash. — License to
1220 cover construction permit (B5-P-956) for changes in equip¬
ment and increase in power.

NEW — Roberts-MacNab Co., Arthur L. Roberts, R. B. MacNab,
1420 A. J. Breitbach, General Manager, Bozeman, Mont. — Con¬
struction permit for a new station to be operated on 1420
kc., 100 watts night, 250 watts day, unlimited time.
Amended: To change name from Roberts MacNab Hotel
Co. to Roberts-MacNab Co.

KAWM — A. W. Mills, Gallup, New Mex. — Modification of con-
1500 struction permit (B5-P-601) to change authorized trans¬
mitter site from West 66 Avenue, Gallup, New Mexico, to
1100 East Aztec Avenue, Gallup, New Mexico and for
approval of studio at same site.

NEW — Northwest Research Foundation, Inc., Seattle, Wash. —
1530 Construction permit for a special broadcast station to be
operated on 1530 kc., 1 KW, unlimited time. Amended:
To change from Ward Walker, an individual to Northwest
Research Foundation, Inc., a corporation.

NEW — Church of Jesus Christ of Latter Day Saints, Salt Lake
County, Utah.— Construction permit for a new international
broadcast station to be operated on 6080, 11830, 17780 kc.,
50 KW. Amended: To change transmitter location to site
to be determined County of Salt Lake, Utah.

1906

The National Association of Broadcasters

NATIONAL PRESS BUILDING ***** WASHINGTON, D. C.

JAMES W. BALDWIN, Managing Director

NAB REPORTS .....

Copyright, 1937. The National Association of Broadcasters

WASHINGTON RADIO HIGHLIGHTS

Important happenings in Washington this week of in¬
terest to broadcasters include: Bill establishing a govern¬
ment broadcasting station; Bill to investigate chain broad¬
casting; Bills affecting radio monopoly and operators;
Educational Commissioner establishes radio script ex¬
change ; Prall praises flood work of broadcasters ; Wiggles-
worth criticizes FCC on House floor; Hearing called on
Actor’s Bill; FCC Commissioner Stewart issues strong
dissent in WOL case; FCC establishes a flood emergency
service.

INCREASED TIME RECOMMENDED FOR
WNBC

Broadcasting station WNBC, New Britain, Conn.,
operating on a frequency of 1380 kilocycles applied to the
Federal Communications Commission to increase its opera¬
tion time from daytime to unlimited and to increase its
power from 250 watts to 250 watts and 1,000 watts LS.

Examiner Melvin H. Dalberg in Report No. 1-350
recommended that the application be granted. He states
that there is an obvious need for additional local service
in the area proposed to be served. The station proposes
to erect a directional antenna and the Examiner states
that this would obviate any interference which might
otherwise be caused.

RADIO MONOPOLY BILL

Representative Wearin of Iowa has introduced a bill
in the House (H. R. 3892) “to amend the Communica¬
tions Act of 1934 by adding thereto provisions designed to
prohibit unified and monopolistic control of broadcasting
facilities and printed publications.” The bill has been re¬
ferred to the House Committee on Interstate and Foreign
Commerce and will be found on page 1919 of this issue.

EXAMINER REPORTS ON NEW
CALIFORNIA STATION

The Golden Empire Broadcasting Company filed an
application with the Federal Communications Commis¬
sion asking for a construction permit for the erection of
a new broadcasting station at Marysville, Calif., to use
1140 kilocycles, 250 watts power and daytime operation.

Examiner George H. Hill in Report No. 1-351 recom¬
mended that the application be granted if the pending
application of the Marysville-Yuba Publishers, Inc., for a

similar assignment is denied. The Examiner states that
there is a need for the services of a new station at Marys¬
ville and that the operation of the proposed new station
would not cause any objectionable interference. Both
applicants applied for the same facilities.

RADIO SCRIPT EXCHANGE

The Office of Education, Department of Interior, has
announced that in order to promote better educational
radio programs throughout the country it has established
an Educational Radio Script Exchange to furnish local
groups radio scripts especially appropriate for educational
broadcasting.

RADIO OPERATORS BILL

A bill has been introduced in the House (H. R. 3898)
by Representative Lea of California providing for the
operation of certain radio stations without a licensed
operator. The bill, which has been referred to the House
Committee on Interstate and Foreign Commerce, will be
found on page 1919 of this issue.

NEW MISSOURI STATION
RECOMMENDED

The Hannibal Broadcasting Company filed an applica¬
tion with the Federal Communications Commission for a

IN THIS ISSUE

Page

Radio Highlights in Washington . 1907

Increased Time Recommended for WNBC . 1907

Radio Monopoly Bill . 1907

Examiner Reports on New California Station . 1907

Radio Script Exchange . 1907

Radio Operators Bill . 1907

New Missouri Station Recommended . 1907

Prall Praises Radio Flood Work . 1908

Changes Recommended for KALB . 1908

Wigglesworth Criticizes FCC . 1908

Recommends Denial of License Modification . 1908

Hearing Called on Actors Bill . 1908

Dismissal With Prejudice Recommended . 1908

Securities Act Registrations . 1908

Authority to Transfer Control Recommended . 1909

New Texas Station Recommended . 1909

Recommends License Renewal for WGPC . 1909

FCC Flood Emergency Service . 1909

Commissioner Stewart Dissents . 1909

Commission Grants New Station . 1910

Federal Trade Commission Action . 1910

FTC Closes Case . 1911

Federal Communications Commission Action . 1911

Proposes New Federal Broadcasting Station . 1917

Connery Radio Investigation Resolution . 1918

Wearin Radio Monopoly Bill . 1919

Lea Radio Operators Bill . 1919

1907

construction permit for the erection of a new broadcasting
station at Hannibal, Mo., to use 1310 kilocycles, 100 watts
and unlimited time on the air. Also the Courier Post
Publishing Company filed an application for the erection
of a new station at the same place, with the same fre¬
quency and time but with 100 wratts and 250 watts LS.

Examiner Melvin H. Dalberg in Report No. 1-349
recommended that the application of the publishing com¬
pany be granted and that of the Hannibal Broadcasting
Company be denied. The Examiner found that there is
a definite need for additional radio service at Hannibal.
He states that the Plannibal Company is limited in its
financial arrangements and that it does not appear to
have a definite operating personnel in prospect. The pub¬
lishing company, on the other hand, is qualified financially
and proposes “to provide well balanced and meritorious
programs which would satisfy the needs of the com¬
munity involved. No objectionable interference would
be caused by granting the application, the Examiner states.

PRALL PRAISES RADIO FLOOD WORK

Chairman Prall of the Federal Communications Com¬
mission speaking on a nation wide hookup this week gave
just praise to the work of broadcasting stations in con¬
nection with the flood situation.

CHANGES RECOMMENDED FOR KALB

Broadcasting station KALB, Alexandria, La., filed an
application with the Federal Communications Commission
asking that its frequency be changed from 1420 to 1210
kilocycles, and that its daytime operation be changed to
unlimited time. The station uses 100 watts and did not
ask any power change.

Examiner John P. Bramhall in Report No. 1-349 recom¬
mended that the application be granted “conditioned,
however upon compliance with Rule 131.” The Examiner
states that it has been definitely established that there
is a need for additional service in the area proposed to
be served. Some slight interference might be caused with
KOCA, the Examiner states, but the benefits derived from
granting the application would outweigh any interference
that might be sustained.

WIGGLESWORTH CRITICIZES FCC

Representative Wigglesworth of Massachusetts severely
criticized the Federal Communications Commission on the
floor of the House this week during debate on the inde¬
pendent office appropriation bill, which bill contains ap¬
propriations for the Commission for the fiscal year 1938.

He asked for an investigation of the Commission and
told Representative Connery during his talk that he was
in favor of the Connery resolution now pending before the
House Rules Committee providing for the appointment
of a special House Committee to investigate broadcasting
and radio generally.

Mr. Wigglesworth charged monopoly in broadcasting
with especial emphasis on the various chains. He stated
that this had come about through the manner in which
the Commission is construing the Communications Act.

RECOMMENDS DENIAL OF LICENSE
MODIFICATION

Broadcasting station WCAP, Asbury Park, N. J., oper¬
ating on a frequency of 1280 kilocycles and sharing time
with stations WTNJ and WCAM, applied to the Federal
Communications Commission to increase its power from
500 to 1,000 watts.

Examiner Robert L. Irwin in Report No. 1-347 recom¬
mended that the application for modification of its license
be denied.

HEARING CALLED ON ACTORS BILL

The House of Representatives Committee on Immigra¬
tion and Naturalization has announced that it will begin
hearings on February 17 in connection with the bill of
Representative Dickstein of New York (H. R. 30) to
protect the artistic and earning opportunities in the United
States of American actors, vocal musicians, operatic sing¬
ers, solo dancers, solo instrumentalists, and orchestral
conductors. This is the identical bill which passed the
House at the last session of Congress but failed of passage
in the Senate.

DISMISSAL WITH PREJUDICE
RECOMMENDED

The United States Broadcasting Company filed two
applications for construction permits with the Federal
Communications Commission. One for a new broadcast¬
ing station at Columbus, Ohio, to use 1200 kilocycles, 100
watts, daytime operation and the other at Columbus, Ohio,
to use 1310 kilocycles, 100 watts and unlimited time.

When the cases were called for hearing counsel asked
that they be dismissed without prejudice. However, a
number of respondents were present and objected to this.

Examiner George H. Hill in Report No. 1-346 recom¬
mended that the applications be dismissed with prejudice.

SECURITIES ACT REGISTRATIONS

The following companies have filed registration statements with
the Securities & Exchange Commission under the Securities Act:
Covered Wagon Company, Mt. Clemens, Mich. (2-277S, Form
A-2)

Liberty Thrift Foundation, Inc., New York City. (2-2776,
Form C-l)

Underwriters Group, Inc., New York City. (2-2777, Form C-l)
Bradford Oil Refining Co., Bradford, Pa. (2-2778, Form A-l)
Park & Tilford, Inc., New York City. (2-2779, Form A-2)

Joliet Heating Corporation, Joliet, Ill. (2-2780, Form A-l)

A. R. Bauman et al., Milwaukee, Wis. (2-2781, Form F-l)
International Match Realization Co., Ltd., Hamilton, Burmuda.
(2-2783, Form E-l)

Voting Shares for same. (2-2784, Form F-l)

The Mar-Tex Oil Company, Flouston, Texas. (2-2785, Form
A-l)

Calo Foods Products, Inc., Oakland, Calif. (2-2786, Form A-2)
Michel L. De Zutter, voting trustee, New York City. (2-2787,
Form F-l)

Martin-Parry Corporation, York, Pa. (2-2788, Form A-2)

1908

Securities Investment Co. of St. Louis, St. Louis, Mo. (2-2790,
Form A-2)

Randall Company, Cincinnati, Ohio. (2-2792, Form A-2)

Stratoplane Corp., New York City. (2-2793, Form A-l)

Lac-Tek Gold Mines, Ltd., Toronto, Canada. (2-2794, Form
A-l)

AUTHORITY TO TRANSFER CONTROL
RECOMMENDED

Authority to transfer control of Station WGAR, Cleve¬
land, Ohio, was asked by the WGAR Broadcasting Com¬
pany, from the Federal Communications Commission.

Examiner Ralph L. Walker in Report No. 1-343 recom¬
mended that the application be granted “to transfer all
of the outstanding stock of the WGAR Broadcasting Com¬
pany to WJR, The Goodwill Station.” The Examiner
states that “it appears from the record that the pending
application may be granted within the purview of Section
310 of the Communications Act of 1934; that the group
of stockholders who now control the WGAR Broadcasting
Company also control the proposed transferee, WJR, The
Goodwill Station; and that the publie interest will be
served by consenting to the proposed transfer of control
in that the services of the engineering, program and other
departments of WJR, the larger station, will be more
readily available to WGAR.”

NEW TEXAS STATION RECOMMENDED

The Hunt Broadcasting Association filed an application
with the Federal Communications Commission asking for
a construction permit for the erection of a new broadcast¬
ing station at Greenville, Texas, to use 1200 kilocycles,
100 watts and daytime operation.

Examiner George H. Hill in Report No. 1-344 recom¬
mended that the application be granted. He states that
“a definite need is shown to exist in the Greenville area
for the operation of the proposed station, and there ap¬
pears to be adequate local talent to supply the require¬
ments of such a station.”

The Examiner states further that “there appears to be
no engineering reasons why the proposed station at Green¬
ville, Texas, could not operate on 1200 kilocycles, and the
evidence clearly establishes the fact that no interferences
would result thereby to the protected service area of any
existing station.”

RECOMMENDS LICENSE RENEWAL FOR
WGPC

H. Wimpy filed an application with the Federal Com¬
munications Commission asking for a construction per¬
mit for the erection of a broadcasting station at Albany,
Ga., to use 1420 kilocycles, 100 watts and 250 watts LS
and unlimited time on the air. These are the facilities
now used by WGPC, Albany, Ga.

Examiner Melvin H. Dalberg in Report No. 1-345
recommended that the Wimpy application be denied and

that the license of Station WGPC be renewed. The
Examiner found that Wimpy is not financially in a posi¬
tion to construct and operate such a station. The Exami¬
ner states further that “no satisfactory showing whatever
has been made by the applicant Wimpy to indicate that
he would provide programs or service which would comply
with the needs of the locality and certainly no sufficient
showing of proposed programs or service is made by said
applicant which would warrant the deletion of Station
WGPC and the granting of his application.”

FCC FLOOD EMERGENCY SERVICE

The Federal Communications Commission has issued
the following statement in connection with the emergency
created by the flood situation in the South :

In view of the urgent need for prompt emergency communication
in the flooded areas and the many requests which are being received
for special authority to operate radio stations in a manner not
normally provided by the rules and regulations, the Federal Com¬
munications Commission has adopted special measures whereby
prompt action may be taken with respect to all requests for neces¬
sary emergency communication.

There has been established in the office of the Chief Engineer a
special organization so that there may be prompt action on all
requests for emergency radio operation. Special communication
facilities have been provided by telegraph and telephone, for the
handling of communications with persons or agencies requesting
special facilities to communicate in or with the flooded areas.
Continuous contact is also maintained with the Army, Navy, Coast
Guard, Red Cross, and other organizations.

An official of the Commission will be on duty continuously dur¬
ing all hours of the day and night to act on all requests for special
facilities. He will be located in Room 5353, New Post Office Bldg.,
Washington, D. C., and may be reached by telegraph or telephone
in accordance with the following schedule:

Any Hour oj the Day or Night

Telephone DISTRICT 1654, BRANCH 85. or simply ask to
speak to the official on duty having charge of emergency flood
communications.

WASHINGTON, D. C., teletypewriter exchange No. “WASH.
D. C. 398”.

Any Telegraph Company.

While the Commission desires to cooperate in every way in
affording prompt communication service and is prepared to con¬
sider and grant special privileges, we wish to invite attention to
the fact that the Commission is not an operating agency and, there¬
fore, cannot engage in direct communication with emergency radio
stations. We are prepared, however, to aid in any coordination
work involving emergency communications in the flooded areas.

The Commission wishes to invite attention to its Rule 23 which
authorizes the licensee of any radio station to carry on emergency
communication on licensed frequencies with any station of any
class during emergency flood conditions in which the normal com¬
munication facilities are disrupted. Notice of such operation should
be given to the Commission as early as practicable after the estab¬
lishment of communication.

COMMISSIONER STEWART DISSENTS

Federal Communications Commissioner Stewart this
week issued a dissenting opinion in connection with the
action of the Commission in the case of Station WOL,
Washington, D. C. Mr. Stewart said:

The Broadcast Division having granted the application in the
instant case, Continental Radio Company has petitioned the entire
Commission to grant a rehearing under Section 405 of the Com¬
munications Act of 1934. For the reasons stated hereafter, I believe
the petition for rehearing should be granted.

The action of the Broadcast Division grants the American Broad-

1909

casting Company, licensee of Station WOL, a permit to make
changes in equipment, to change frequency from 1310 kc. (a local
frequency) to 1230 kc. (a regional frequency) and to increase
power from 100 watts to one kilowatt. As the use of the requested
frequency and power would be contrary to the mileage separation
tables set out in the annual reports of the Commission if a con¬
ventional antenna were used, the grant is conditioned upon the use
of a directional antenna designed to protect the existing regional
stations on 1230 kc. However, the service area of Station WOL
will not be protected from interference by the existing stations on
that frequency. In consequence, the service of WOL will be limited
at night approximately to its S.O mv/m line instead of to its 1.0
mv/m line, the usual protection of regional stations. As trans¬
mission conditions vary, so will the interference occasioned to the
signal of WOL by the other stations on 1230 kc. The result will
be dissatisfaction on the part of listeners who will be able to
receive WOL at some times and not at others. That dissatisfaction
can be expected to result in WOL seeking from the Commission
some form of relief which might let the service be more constant
for such listeners — relief from a situation which should not have
been created in the first instance.

It seems to me that this is not the proper use of a regional
frequency. While similar uses have been authorized in a few cases
by the Broadcast Division, I believe that the piecemeal breaking
down of the standards of the service which regional stations should
render is not in the public interest. The criterion is service to the
public, not sales of time to advertisers.

Regional frequencies should not be assigned to stations which
can not render a regional service. A station operating on a regional
assignment with one killowatt power should give the service
properly to be expected of a regional station, not a local service
masquerading as a regional service in order to persuade advertisers
who may consider power as the only factor which determines
coverage. If the area expected to be served by regional stations is
to be modified so as to permit such mongrel stations, I should
prefer to see it done by a change in the standards followed by the
Commission, not by building up exceptions to present standards.
Then at least there would be equality of opportunity among poten¬
tial applicants for such assignments, instead of an inequality favor¬
ing the applicant who might succeed in breaking down existing
standards on a particular frequency.

In granting the application of the American Broadcasting Com¬
pany, the Broadcast Division has seen fit to reward the present
inefficient operation of Station WOL. The record shows that WOL
has been operating as a local station with an antenna having an
efficiency materially below the Commission’s standards of good
engineering practice. It further shows that the service the station
has been rendering is unsatisfactory in considerable portions of the
metropolitan area. It is silent on what service WOL might render
with a decent antenna complying at least with the Commission’s
minimum standards. With the facilities approved in the present
case WOL will probably provide a good local service. I think that
such good local service should have been required to be by proper
use of the station’s local assignment rather than by an inefficient
use of a regional assignment. In Docket No. 2807, an application
by Hearst Radio, Inc., operators of Station WISN, the Commission
on October 21, 1936, sustained the Broadcast Division in refusing
to grant improved facilities to a licensee because he had not made
efficient use of his current assignment. If that decision is sound
(and 1 believe it is), the decision in the instant case is unsound.
The parable of the talents might well be placed on the list of re¬
quired reading for licensees of the Commission. Or, if not the
entire parable, then the paraphrase contained in the press release
of October IS, 1935, on minimum antenna heights required for
broadcast stations pursuant to Rule 131. That release (which, of
course, is no more binding than the parable) reads in part as
follows:

“It is the obligation of the licensee of every station to make
efficient usage of the assignment granted by the Commission.
It is not the intention of the Commission at this time to require
all stations with questionable radiating systems to install an¬
tennas having the required efficiency, but it is the intention not
to grant additional facilities to licensees of broadcast stations
unless they are making efficient usage of the assignment already
granted.”

One reason advanced in the opinion granting the application of
the American Broadcasting Company is that under its present as¬
signment Station WOL has been at a disadvantage with respect to
obtaining programs of a national network. The record reveals that
the other three stations serving Washington are operated as parts
of national networks. In Docket No. 3824 (appealed to the full

Commission but dismissed on October 21, 1936, for want of juris¬
diction when one party took an appeal to the courts) the principal
reason advanced by the Broadcast Division for denying an applica¬
tion of Station WIL, St. Louis, for improved facilities was that the
station was planning to carry some network programs and thus
might not carry as many local programs as it had formerly done.
That case is not mentioned in the opinion of the Broadcast Division
so we do not know whether the decision in the present case over¬
rules that in Docket No. 3824 or is to be distinguished from it.
The two are at least prima facie inconsistent.

In its opinion, the Broadcast Division states that “By the grant¬
ing of this application there will be made available additional serv¬
ice of a national character and the station will in turn serve to pro¬
vide a network with many programs originating in the Capital City
of the country.” As it is a matter of common knowledge that
within recent months chain programs have originated in stratos¬
phere balloons and in submarines, I do not understand why it re¬
quires a one kilowatt station to originate chain programs “in the
Capital City of the country.”

There is one other reason why I believe the grant has been im-
providently made: the record is by no means convincing, or even
persuasive, as to the need for any such additional service as that
proposed to be rendered under the application herein granted.

The petition for rehearing should be granted

February 1, 1937

COMMISSION GRANTS NEW STATION

The Federal Communications Commission this week
granted a construction permit for the erection of a new
broadcasting station at Helena, Mont., to the Peoples
Forum of the Air. The station will operate on 1210 kilo¬
cycles, 100 watts power and unlimited time.

FEDERAL TRADE COMMISSION ACTION
Complaints

The Federal Trade Commission has alleged unfair com¬
petition in complaints 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.

No. 3039. Primrose House, Inc., cosmetics manufacturer,
400 Madison Ave., New York City, is charged in a complaint with
violation of the Robinson-Patman Anti-Price Discrimination Act.

The complaint alleges that the respondent company discriminated
in favor of certain of its retail purchasers against other purchasers
by giving and furnishing certain allowances, services and facilities
not accorded to all buyers on proportionately equal terms. The
respondent company is also charged with discriminating in price
between different purchasers of its products, of like grade and
quality, by giving certain purchasers different prices than those
quoted to others.

Special services and facilities alleged to have been furnished cer¬
tain customers included demonstrators, “beauty counsellors,” pro¬
ducts to be given away, cooperative advertising arrangements, and
transportation allowances.

No. 3040. Alleging unfair trade practices in violation of Section
5 of the Federal Trade Commission Act, a complaint has been
issued against Royal Revues, Inc., West Coast Discount Cor¬
poration, Ltd., and their officers, L. II. and W. C. Hyde, trading
as Royal Film Studios, engaged in manufacturing and leasing and
renting to business men motion picture films for advertising pur¬
poses. The respondents have their place of business at 6644 Santa
Monica Boulevard, Hollywood Calif.

The respondents, through salesmen, are said to solicit theater
operators to exhibit the respondents’ films and to solicit business
men for the purpose of inducing them to purchase the right to
advertise their names and the nature of their businesses on the
bottom of the screen when the film is shown.

To persuade prospective advertisers to sign contracts, to which
promissory notes are attached, the respondents are alleged to falsely
represent, in many instances, that the films furnished will be equal
in quality to and the same length as the sample shown by the

1910

salesmen ; that no other advertiser in the same line of business will
be permitted to advertise in connection with the showing of such
films, and that other advertisers already have contracted for use
of the films.

No. 3041. Use of unfair methods of competition in connection
with the sale of pianos is alleged in a complaint issued against
Haddorff Piano Co., 1900 Harrison Ave., Rockford, Ill.

The company allegedly represents in advertising matter that the
piano designated as “Vertichord Grand”, which it sells in inter¬
state commerce, is the same as or is comparable to the type of
pianos generally known to the trade and public as grand pianos,
having the same operating or mechanical features, tonal qualities
and other merits.

No. 3042. Charging misrepresentation of the therapeutic value
and effectiveness of certain medicinal preparations and appliances
for use by women, a complaint has been issued against Bureau of
Hygiene, Inc., Gynex Corporation, and Preferred Industries
Corporation and its president, Benjamin Lindner, all having
places of business at 301 Madison Ave. and 211 East 19th St.,
New York City.

The complaint alleges that the respondents’ products will not, in
all cases, accomplish the results as advertised, and that in some
instances they are injurious.

The respondents allegedly represent that Bureau of Hygiene,
Inc., is an organization devoted to scientific research on questions
concerning methods of preventing, treating and curing diseases of
women, and that it is in no way financially interested in the sale
of the various products which it purportedly recommends in adver¬
tising matter distributed by the respondents.

No. 3043. Public Service Institute, Inc., 425 DeBaliviere
Ave., St. Louis, has been served with a complaint alleging unfair
competition in the sale of courses of instruction designed to prepare
students for United States Civil Service examinations.

Through certain advertising matter circulated by the respondent
company, it is alleged to have represented, directly or by implica¬
tion, that its business is operated on a large scale with a staff of 20
or more qualified instructors; that this staff consists in large part
of former Government employees expert in civil service matters;
that thousands of its pupils have passed Civil Service examinations
and received Government appointments; that enrollment for the
respondent company’s courses is an enrollment for a Civil Service
examination or position, or both, and other similar assertions, all
of which, according to the complaint, are misleading.

Stipulations and Orders

The Commission has issued the following cease and desist orders
and stipulations:

Nos. 2410-2439-2444-2448-2455. Four liquor distributing com¬
panies with headquarters in New York, Newark, Detroit and
Los Angeles have been ordered to cease and desist from repre¬
senting that they are distillers of whiskey, gin and other spirituous
beverages, when such is not a fact. A case against a fifth liquor
company has been ordered closed.

_ The four companies ordered to cease and desist are: Reo Dis¬
tillers, Inc., 276 Jelliff Ave., Newark, N. J.; Federal Distillers
Corporation, 123 West Jefferson Ave., Detroit; Ostrucon Dis¬
tilled Products Co., Inc., 601 West 26th St., New York, and
Imperial Distillers Corporation, 1615 South Los Angeles St.,
Los Angeles.

Under the orders to cease and desist, the respondent corporations
are prohibited from representing, through use of the word “dis¬
tillers” or “distilled” in their corporate names, on labels, or other¬
wise, that they are distillers of spirituous beverages; that they
manufacture such products through the process of distillation, or
that they own or operate distilleries, unless they actually do own
or operate such places.

No. 2451. Kelly Brewing & Malting Co., trading as Rosecrest
Distillers, 188 Twenty-first Ave., Paterson, N. J., liquor rectifier
and wholesaler, has been ordered to cease and desist from repre¬
senting that it is a distiller of whiskey, gin and other spirituous
beverages, when such is not a fact.

Under the order, the respondent corporation is prohibited from
representing, through use of the word “distillers” in its corporate
name, on labels, or otherwise, that it is a distiller of spirituous
beverages, that it manufactures such products through the process
of distillation, or that it owns or operates a distillery, unless it
actually does own or operate such a place.

No. 3022. Sun Radio Service & Supply Corporation, 938
F St., N. W., Washington, D. C„ has been ordered to discontinue
representing through use of the letters “RCA”, or by any other

means, that the radio receiving sets and radio tubes and supplies
it sells are manufactured by the Radio Corporation of America or
any of its subsidiaries.

The order to cease and desist also prohibits the respondent cor¬
poration from advertising that its radio tubes are “new metal
tubes”, unless they are the products known to the trade and
purchasing public as metal tubes in which the technical elements
are sealed in a vacuum in steel.

FTC CLOSES CASE

No. 2971. The Federal Trade Commission has ordered its case
closed against Chocolate Products Co., Inc., Amber & Westmore¬
land Sts., Philadelphia, charged with unfair competition through
use of lottery methods in the sale of candy.

Closing of the case was based on information that the respondent
company has not engaged in business since October 4, 1936; that
its physical assets have been dismantled and sold, and that it ap¬
pears the respondent company is not likely to resume the violations
of law alleged in the complaint issued November 6, 1936.

The case was closed without prejudice to the Commission’s right
to reopen it and resume prosecution should future circumstances
warrant.

FEDERAL COMMUNICATIONS COMMISSION
ACTION

HEARING CALENDAR

The following broadcast hearings are scheduled at the Commission
during the week beginning Monday, February 8:

Monday, February 8

HEARING BEFORE AN EXAMINER
(Broadcast)

NEW- — Chauncey W. Hammond, Oakland, Calif. — C. P., 1280 kc.,
1 KW, unlimited time.

NEW — Harold M. Finlay and Mrs. Eloise Finlay, La Grande, Ore.
— - C. P., 1420 kc., 100 watts, 250 watts LS, unlimited time.

Tuesday, February 9

HEARING BEFORE AN EXAMINER
(Broadcast)

NEW — The Metropolis Co., Jacksonville, Fla. — C. P., 1290 kc.,
250 watts, unlimited time.

KARK — Arkansas Radio & Equipment Co., Little Rock, Ark. —
Modification of C. P., 890 kc., 1 KW, unlimited time.
Present assignment: 890 kc., 500 watts, 1 KW LS, un¬
limited time.

Wednesday, February 10
HEARING BEFORE AN EXAMINER
(Broadcast)

NEW — Cadillac Broadcasting Co., a Michigan corporation, Dear¬
born, Mich.- — C. P., 1140 kc., 500 watts, daytime.

NEW — West Texas Broadcasting Co., Wichita Falls, Tex. — C. P.,
J380 kc., 1 KW, unlimited time.

NEW — Wichita Broadcasting Co., Wichita Falls, Tex. — C. P., 620
kc., 250 watts, 1 KW LS, unlimited time.

KFPL — C. C. Baxter, Dublin, Tex. — Voluntary assignment of
license to WFTX, Inc.; 1310 kc., 100 watts, 100 watts LS
(C. P., 100 watts, 250 watts LS), unlimited time.

KFPL— WFTX, Inc., Wichita Falls, Tex.— C. P., 1500 kc., 100
watts, 250 watts LS, unlimited time. Present assignment:
1310 kc., 100 watts, 250 watts LS, unlimited time.

Thursday, February 11

ORAL ARGUMENT BEFORE THE BROADCAST
DIVISION

Examiner’s Report No. 1-310;

NEW — Telegraph Herald, Dubuque, Iowa. — C. P., 1340 kc., 500
watts, daytime.

WKBB— Sanders Brothers Radio Station, Dubuque, Iowa. — C. P.,
to move. 1500 kc., 100 watts, 250 watts LS, unlimited time.

Examiner’s Report No. 1-313.

NEW — Glenn Van Auken, Indianapolis, Ind. — C. P., 1050 kc.,
1 KW, daytime.

1911

Examiner’s Report No. 1-315:

WSBT — The South Bend Tribune, South Bend, Ind. — C. P., 1010
kc., 1 KW, unlimited time. Present assignment: 1360 kc.,
500 watts, share-WGES.

WEMP — Milwaukee Broadcasting Co., Milwaukee, Wis. — C. P.,
1010 kc., 250 watts, 500 watts LS, unlimited time. Present
assignment: 1310 kc., 100 watts, daytime.

Examiner’s Report No. 1-316:

NEW — Dr. F. P. Cerniglia, Monroe, Louisiana. — C. P., 1500 kc.,
100 watts, unlimited time.

Friday, February 12

HEARING BEFORE AN EXAMINER
(Broadcast)

NEW — Harold Thomas, Pittsfield, Mass. — C. P., 1310 kc., 100
watts, 250 watts LS, unlimited time.

WMBD — Peoria Broadcasting Co., Peoria, Ill. — C. P„ 1440 kc.,
1 KW, 5 KW LS, unlimited time. Present assignment: 1440
kc., 500 watts, 1 KW LS, unlimited time.

APPLICATIONS GRANTED

NEW — Columbia Broadcasting System, Inc., Mobile (New York,
N. Y.). — Granted C. P. for new relay broadcast station to
operate on 1646, 2090, 2190 and 2830 kc., 50 watts, under
the provisions of Rules 1000, 1001 (b) and 1002 ; unlimited
time,

NEW— Arthur Malcolm McGregor and Dorothy Charlotte Mc¬
Gregor, Mobile (Bloomington, Ill.). — Granted C. P. for new
experimental relay broadcast station to operate on an ex¬
perimental basis under provisions of Rules 1000, 1001 (b)
and 1003 (e) ; frequencies 31100, 34600, 37600, 40600 kc.,
on an experimental basis and subject to change without
prior notice or hearing; 10 watts, unlimited time.

NEW — The Peoples Forum of the Air, Helena, Mont. — Granted
C. P. for new broadcast station at Helena, Mont., to operate
on 1210 kc., 100 watts, unlimited time. Exact transmitter
site to be determined with Commission’s approval.

KNEL — G. L. Burns, Brady, Tex. — Granted C. P. to make changes
in present equipment and increase day power from 100
watts to 250 watts.

W8XKJ — Radio Air Service Corp., Mobile (Cleveland, Ohio.).; —
Granted license to cover C. P. to operate on frequencies
38900, 39100, 39300, 39500 kc., 100 watts, on an experi¬
mental basis and subject to change without prior notice or
hearing.

KGHI — Arkansas Broadcasting Co., Little Rock, Ark. — Granted
license to cover C. P. to operate on 1200 kc., 100 watts
night, 250 watts LS, unlimited time.

KVSO — The Ardmoreite Publishing Co., Inc., Ardmore, Okla. —
Granted license to cover C. P. to operate on 1210 kc., 100
watts, unlimited time.

WCAT — South Dakota State School of Mines, Rapid City, S. Dak.
— Granted license to cover C. P. to operate on 1200 kc., 100
watts, 1:30 p. m. to 2:30 p. m. daily, CST.

WJAY — The Cleveland Radio Broadcasting Corp., Cleveland, Ohio.
— Granted license to cover C. P. to operate on 610 kc., 500
watts, daytime only. Also granted authority to determine
operating power by direct measurement of antenna input in
compliance with Rule 137.

KOIL — Central States Broadcasting Co., Council Bluffs, Iowa. —
Granted license to cover C. P. to operate on 1260 kc., 1 KW
night, 2 y2 KW day, unlimited time.

KRSC — Radio Sales Corp., Seattle, Wash. — Granted license to
cover C. P. as modified to operate on 1120 kc., 250 watts,
unlimited time.

WTAR — WTAR Radio Corp., Norfolk, Va. — Granted modifica¬
tion of C. P. to extend completion date from 3-2-37 to
6-2-37.

WlOXCT — Shepard Broadcasting Service, Inc., Mobile (Boston,
Mass.). — Granted modification of license to change name
from Shepard Broadcasting Service, Inc., to The Yankee
Network, Inc.

WlXAC — Shepard Broadcasting Service, Inc., Mobile (Boston,
Mass.). — Granted modification of license to change name
from Shepard Broadcasting Service, Inc., to The Yankee
Network, Inc.

W1XER — Shepard Broadcasting Service, Inc., Mobile (Boston,
Mass.). — Granted modification of license to change name
from Shepard Broadcasting Service, Inc., to The Yankee
Network, Inc.

WLBC — Donald A. Burton, Muncie, Ind. — Granted modification
of license to increase time of operation from simultaneous
day, sharing time with Station WTRC night, to unlimited
time.

WIOD-WMBF — Isle of Dreams Broadcasting Corp., Miami, Fla. —
Granted C. P. for main transmitter site at 600 Biscayne
Blvd., Miami, Fla., and for auxiliary transmitter to operate
on 1300 ltc., 250 watts, night-day, for emergency purpose
only.

WIOD-WMBF — Isle of Dreams Broadcasting Corp., Miami, Fla. —
Granted license to cover C. P. to operate on 1300 kc., 1 KW,
unlimited time.

KWJJ— KWJJ Broadcast Co., Inc., Portland, Ore. — Granted
license to cover C. P. as modified to operate on 1060 kc.,
500 watts night-day, limited; special authorization, 1040 kc.
Also granted authority to determine operating power by
direct measurement of antenna input in compliance with
Rule 137.

KABC— Alamo Broadcasting Co., Inc., San Antonio, Tex. — Granted
license to cover C. P. to operate on 1420 kc., 100 watts
night, 250 watts day, unlimited time.

WTMV— Mississippi Valley Broadcasting Co., Inc., East St. Louis,
Mo. — Granted license to cover C. P. and modifications
thereof to operate on 1500 kc., 100 watts night, 250 watts
day.

WAML — New Laurel Radio Station, Inc., Laurel, Miss. — Granted
license to cover C. P. to operate on 1310 kc., 100 watts,
unlimited time.

WIRE — Indianapolis Broadcasting, Inc., Indianapolis, Ind. —
Granted modification of C. P. to make changes in equip¬
ment.

WWVA — West Virginia Broadcasting Corp., Wheeling, W. Va. —
Granted authority to determine operating power by direct
measurement of antenna input in compliance with Rule 137.

KMLB — Liner’s Broadcasting Station, Inc., Monroe, La. — Granted
authority to make changes in automatic frequency control
equipment.

WIP — Pennsylvania Broadcasting Co., Philadelphia, Pa. — Granted
extension special experimental authorization to operate with
1 KW power, unlimited time, to 9-1-37.

National Broadcasting Co., Inc., New York, N. Y. — Granted ex¬
tension of authority to transmit recorded programs to all
Canadian broadcast stations under the control of the Cana¬
dian Broadcasting Corp. in addition to the four previously
specified.

WCOP — Massachusetts Broadcasting Corp., Boston, Mass. —
Granted consent to transfer of control of Massachusetts
Broadcasting Corp. from Joseph M. Kirby, deceased, by
Mary A. Kirby, Adm., to Arde Bulova.

WPAR — Ohio Valley Broadcasting Corp., Parkersburg, W. Va. —
Granted consent to the transfer of control of the Ohio Valley
Broadcasting Corp. from Harold McWhorter, Marion Mc¬
Dowell and Wayne Van Gilder to The Exponent Co.

KSFO — The Associated Broadcasters, Inc., San Francisco, Calif. —
Granted C. P. as amended to move transmitter site from
Oakland to San Francisco, Calif., install new equipment and
vertical radiator, and increase day power from 1 KW to
5 KW.

SET FOR HEARING

NEW — Food Terminal Broadcasting Co., Cleveland, Ohio. — Appli¬
cation for C. P. for new broadcast station at Cleveland,
Ohio, to operate on 1500 kc., 100 watts, daytime only.
Transmitter site to be determined with Commission’s ap¬
proval.

NEW — Twin City Broadcasting Corp., Longview, Wash. — Appli¬
cation for C. P. for new broadcast station at Longview,
Wash., as amended, to operate on 780 kc., 250 watts, day¬
time only.

KABR — Aberdeen Broadcast Co., Aberdeen, S. Dak. — Application
as amended for C. P. to install new equipment and direc¬
tional antenna for nighttime operation; change frequency
from 1420 kc. to 1390 kc.; increase power from 100 watts,
unlimited, to 500 watts night, 1 KW day, unlimited.

WTAQ— WHBY, Inc., Green Bay, Wis. — Application as amended
for C. P. to install new equipment, increase day power from
1 KW to 5 KW, employing directional antenna.

NEW — Leonard A. Versluis, Grand Rapids, Mich. — Application for
C. P. for new broadcast station at Grand Rapids, Mich., to
operate on 830 kc., 500 watts, daytime only.

1912

KGNF — Great Plains Broadcasting Co., North Platte, Nebr.—
Application for modification of license to increase time of
operation from 1 KW, daytime only, to 1 KW, specified
horns.

NEW — The Ohio Broadcasting Co., Steubenville, Ohio.— Applica¬
tion for C. P. for new broadcast station at Steubenville,
Ohio, to operate on 780 kc., 250 watts, daytime only;
transmitter and studio sites to be determined with Commis¬
sion’s approval.

NEW— The Ohio Broadcasting Co., Marion, Ohio.— Application
for C. P. for new broadcast station at Marion, Ohio, to
operate on 880 kc., 250 watts, daytime only; transmitter
and studio sites to be determined with Commission’s ap¬
proval.

NEW — The Ohio Broadcasting Co., East Liverpool, Ohio. — Appli¬
cation for C. P. for new broadcast station at East Liverpool,
Ohio, to operate on 1350 kc., 250 watts, daytime only;
transmitter and studio sites to be determined with Commis¬
sion’s approval.

NEW — The Ohio Broadcasting Co., Salem, Ohio. — Application for
C. P. for new broadcast station at Salem, Ohio, to operate
on 1420 kc., 100 watts, daytime only; transmitter and studio
sites to be determined with Commission’s approval.

WREN — The Wren Broadcasting Co., Inc., Lawrence, Kans. — Ap¬
plication for Commission’s consent to the transfer of control
of The Wren Broadcasting Co., Inc., from the present stock¬
holders to The Kansas City Star Co.

ORAL ARGUMENTS

KGGC — Ex. Rep. 1-104: Robert J. Craig, d/b as The Golden
Gate Broadcasting Co., San Francisco, Calif. — Granted oral
argument to be held April 1, 1937.

NEW — Ex. Rep. 1-324: John S. Allen & G. W. Covington, Jr.,
Montgomery, Ala. — Granted oral argument to be held April
1, 1937.

NEW — Ex. Rep. 1-327: Smith, Keller & Cole, San Diego, Calif. —
Granted oral argument to be held April 1, 1937.

MISCELLANEOUS

KALE— KALE, Inc., Portland, Oreg. — Granted modification of
license to increase hours of operation from specified hours to
unlimited, in conformity with the action of the Broadcast
Division of November 17, 1936, inasmuch as the applicant
has complied with the proviso contained therein.

WJBK — James F. Hopkins, Inc., Detroit, Mich. — Granted petition
to intervene in hearing on the application of the Cadillac
Broadcasting Company, for C. P. to erect a new broadcast
station at Dearborn, Mich., to operate on 1140 kc., 500
watts, daytime only.

WTCN — Minnesota Broadcasting Corp., Minneapolis, Minn. —
Order of October 20, 1936, granting application for increase
in time of operation from specified hours on station’s pres¬
ent frequency 1250 kc., set aside and application designated
for hearing generally upon issues to be drawn by the Law
Department, including those raised in the supplemental pro¬
test of WMIN as to the possible sale of the frequency.

WLB — University of Minnesota, Minneapolis, Minn. — Order of
October 20, 1936, granting application for change in fre¬
quency from 1250 kc. to 760 kc., increase in power from
1 KW to 5 KW daytime and share time with WCAL was
set aside and application designated for hearing on conditions
outlined in WTCN decision.

WCAL — St. Olaf College, Northfieid, Minn. — Order of October 20.
1936, granting application to change frequency from 1250
kc. to 760 kc., increase power to 5 KW day and share time
with WLB, was set aside and application designated for
hearing on conditions outlined in WTCN decision.

NEW — Lawrence K. Miller, Pittsfield, Mass. — Granted petition to
intervene at hearing of application of Harold Thomas for
C. P. for new broadcast station at Pittsfield to operate on
1310 kc., 100 watts night, 250 watts day, unlimited time.

WCOC — Mississippi Broadcasting Co., Inc., Meridian, Miss. —
Granted extension to February 12, 1937, of working date
of Rule 132.

WLBL — State of Wisconsin, Department of Agriculture and Mar¬
kets, Stevens Point, Wis. — Granted extension of the work¬
ing date of Rule 132 for a period of six months from No¬
vember 12, 1936, to May 12, 1937.

NEW — West Texas Broadcasting Co., Wichita Falls, Texas.—
Denied petition asking postponement of hearings upon pend¬
ing application for broadcasting facilities in Wichita Falls,
Texas, Dockets 4218, 4348, 4355 and 4356.

WSBC — WSBC, Inc., Chicago, Ill. — Reconsidered and granted ap¬
plication to increase day power from 100 watts to 250 watts.

NEW — Allen T. Simmons, Mansfield, Ohio. — Granted petition to
intervene in the hearing on the application of Frazier Reams
for C. P. for new broadcast station at Mansfield, Ohio, to
operate on 1370 kc., 100 watts daytime only.

WJBO — Baton Rouge Broadcasting Co., Inc., Baton Rouge, La. —
Denied petition asking Commission to postpone effective
date — January 26, 1937 — of decision granting application
to change frequency from 1420 kc. to 1120 kc. and increase
power from 100 watts to 500 watts and to operate specified
hours.

W. Hanes Lancaster and J. W. Birdwell, d/b as Johnson City
Broadcasting Co., Johnson City, Tenn. — Decided to reopen
hearing on application for a new radio station at Johnson
City, Tenn., to obtain additional data on financial standing.
Hearing to be held at John Sevier Hotel, 10 a. m. March 8,
1937.

W8XAN — The Sparks-Withington Co., Jackson, Mich. — Directed
that the license of W8XAN, expiring 3 a. m. EST, February
1, 1937, be extended upon a temporary basis only for the
period ending in no event later than 3 a. m. EST, March 1,
1937, pending receipt and/or action on application for re¬
newal of license.

KJR — Fisher’s Blend Station, Inc. (Lessee), Seattle, Wash. —
Directed that the license of KJR, expiring 3 a. m. EST, Feb¬
ruary 1, 1937, be extended upon a temporary basis only for
the period ending in no event later than 3 a. m. EST, March
1, 1937, pending receipt and/or action on application for
renewal of license.

KFXR — Plaza Court Broadcasting Co., Oklahoma City, Okla. —
Denied motion to reconsider and grant application for the
Commission’s consent to the assignment of license for KFXR
from the Exchange Avenue Baptist Church to Plaza Court
Broadcasting Co. The application for assignment of license
has been set for hearing.

NEW — Lenawee Broadcasting Co., Adrian, Mich. — Dismissed with
prejudice application for C. P. for new broadcast station at
Adrian to operate on 1440 kc., 250 watts daytime only.

The Broadcast Division directed that hearings be held in Wash¬
ington, D. C., as scheduled on the following applications:

KTHS — Hot Springs Chamber of Commerce, Hot Springs National
Park, Ark.- — Application for authority to assign license of
KTHS to Radio Enterprise, Inc., and application for C. P.
to install new transmitter and directional antenna for night
use, change frequency from 1040 kc. to 1060 kc.; change
time of operation from S-KRLD to unlimited, and move
transmitter to McAlmont, Ark., and studio to Little Rock,
Ark. Application for C. P. has been set for hearing before
the Broadcast Division.

NEW — Radio Enterprise, Inc., El Dorado, Ark. — Application for
C. P. for new station at Hot Springs, Ark., to operate on
1310 kc., 100 watts daytime only. Hearing is scheduled for
February 23, 1937, before an examiner.

NEW — Associated Arkansas Newspapers, Inc., Hot Springs, Ark. —
Application for C. P. for new station at Hot Springs, Ark.,
to operate on 1310 kc., 100 watts day only. Hearing is
scheduled for February 23, 1937, before an examiner.

SPECIAL TEMPORARY AUTHORIZATIONS

KRRO — Voice of Longview, Longview, Texas. — Granted special
temporary authority to operate from local sunset (6:30
p. m.) to 9 p. m. CST, on Sundays, March 7, 14, 21 and 28,
1937, in order to broadcast services of the Kelly Memorial
Methodist Church of Longview.

WSYB — Philip Weiss, t/s Philip Weiss Music Company, Rutland,
Vt. — Granted special temporary authority to operate from
9 p. m. to 11 p. m. EST, Friday, February 5, 1937, in order
to broadcast a concert by the Green Mountain Symphony
Orchestra.

KUMA — Albert M. Schermann, Yuma, Ariz. — Granted special tem¬
porary authority to operate from 10 p. m. to 11:30 p. m.
MST, February 9, 16 and 23, 1937, in order to broadcast
wrestling and boxing bouts.

KABG — Ben S. McGlashan, Aboard Yacht “El Perrito” — Granted
special temporary authority to operate ship transmitter
WDFL aboard Yacht El Perrito, as a relay broadcast station
on 75 watt frequencies 1622, 2058, 2150 and 2790 kc., to
broadcast Midwinter Regatta, for a period not to exceed 30
days.

1913

KFDY — South Dakota State College, Brookings, S. D. — Granted
special temporary authority to operate from 7 p. m. to 9:30
p. m, CST, Friday, February 5, and Monday, February 8,
1937, in order to broadcast programs of district Parent
Teacher Association and basketball games.

WTHT— The Hartford Times, Inc., Hartford, Conn. — Granted
special temporary authority to operate from local sunset
(5:30 p. m.) to 11 p. m. EST, Thursday, February 4, 1937,
in order to broadcast by remote control from the Hotel
Bond an address by Dr. Alexander Ruthvan. president of
the University of Michigan.

KSFO — The Associated Broadcasters, Inc., San Francisco, Calif. —
Granted special temporary authority to operate a mobile
100 watt transmitter on 560 kc., between hours of 1 a. m.
and 6 a. m. PST, for period beginning February 8, 1937, and
ending in no event later than February 14, 1937, in order
to make transmitter site survey.

WSPR — Quincy A. Brackett, Lewis B. Breed, Edmund A. Laport,
co-partners, d/b as Connecticut Valley Broadcasting Co.,
Springfield, Mass. — Granted special temporary authority to
operate from 11 p. m., February 9, to 1:30 a. m., February
10, 1937, in order to broadcast a theater benefit for Red
Cross Flood Relief.

WTRC — The Truth Publishing Co., Inc., Elkhart, Ind. — Granted
special temporary authority to operate simultaneously with
WLBC from 7:30 p. m. to 10 p. m. CST, Wednesday, Febru¬
ary 3, 1937, in order to broadcast the Notre Dame-Purdue
basketball game from South Bend, Ind.

APPLICATIONS DISMISSED

The following applications heretofore set for hearing were dis¬
missed at the request of the applicants:

NEW — Daily News Corp., St. Paul, Minn. — Application for C. P.,
580 kc., 1 KW, daytime.

WBNO — Coliseum Place Baptist Church, New Orleans, La. —
Voluntary assignment of license to Pelican State Broadcast¬
ing Co.; 1200 kc., 100 watts, shares-WJBW.

WADA — Wilton E. Hall, Anderson, S. C. — Modification of C. P.,
630 kc., 1 KW, unlimited.

KFKA — Mid-Western Radio Corp., Greeley, Colo. — Modification
of license, 1450 kc., 500 watts, 1 KW, LS, unlimited.

RATIFICATIONS

WSGN — Birmingham News Co., Birmingham, Ala. — Granted ex¬
tension of program test period 30 days from January 23,
1937.

WIOD — Isle of Dreams Broadcasting Corp., Miami, Fla. — Granted
extension of program test period 30 days from January 29,
1937.

KTSM— Tri-State Broadcasting Co., Inc., El Paso, Texas. — Granted
extension of equipment test period 10 days from January-
25, 1937.

WOKB — Agricultural Broadcasting Co., Chicago, Ill. — Granted
authority to operate WOKB broadcast state police and
amateur frequencies to transmit emergency messages per¬
taining to flood for duration of emergency.

WBPA— National Life and Accident Co., Inc., Nashville, Tenn. — •
Granted authority to operate WBPA on equipment tests
January 24 in connection with flood conditions.

WSAI — Crosley Radio Corp., Cincinnati, Ohio.— Granted authority
to use formerly licensed transmitter located at Maud Road,
near Mason, Ohio, during period of emergency until present
licensed transmitter can resume operation but not to exceed
30 days.

WHIO — Miami Valley Broadcasting Corp., Dayton, Ohio. —
Granted authority to operate 5 KW non-directional for
emergency messages only while communicating to isolated
flood area in Southern Ohio, provided in accordance with
Rule 23; period not to exceed 10 days.

WTJS — Sun Publishing Co., Inc., Jackson, Tenn.— Granted author¬
ity to operate 250 watts night while transmitting emergency
messages only.

KLRA-KGHY — Arkansas Broadcasting Co., Little Rock, Ark. —
Granted authority to operate with 2500 watts KLRA, and
KGHY with 250 watts night while transmitting emergency
messages.

WSMK — WSMK, Inc., Dayton, Ohio. — Granted special temporary
authority to operate WSMK simultaneously with KQV dur¬
ing nighttime hours in order to broadcast Red Cross appeal
to raise funds for flood area, during period of emergency-
only.

KMOX — Columbia Broadcasting System, Inc., New York, N. Y. —
Granted authority to relay broadcast station on 2830 kc.
in boat in flood area for purpose of handling emergency
relief messages and broadcast to CBS and KMOX during
period February 1 to 6, 1937 inclusive.

WIEK — Columbia Broadcasting System, Inc., New York, N. Y. —
Granted authortiy to use WIEK relay broadcast in flood
area for emergency messages only.

WBAM-WBAN — Bamberger Broadcasting Co., Newark, N. J. —
Granted authority to use WBAM and WBAN frequency
group A for handling emergency messages only.

WEW — St. Louis University, St. Louis, Mo. — Granted authority
to broadcast during any hours in accordance with Rule 23
for purpose of handling emergency messages only.

WWL — Loyola University, New Orleans, La. — Granted authority
to operate for emergency communication service under
Rule 23.

WKBV — Knox Radio Corp., Richmond, Ind. — Granted special tem¬
porary authority to operate unlimited time for period not
to exceed 10 days to assist organizations in flood relief.

National Broadcasting Co., Inc.— Granted special temporary au¬
thority to rebroadcast over NBC networks program material
which may be received by special receiving stations at pres¬
ently undetermined strategic locations in the Ohio River
flood area from amateur stations strategically located de¬
scribing details of disaster for the benefit of the general
listening public during the period beginning January 23 and
ending in no event later than January 29, 1937.

WJEJ — Hagerstown Broadcasting Co., Hagerstown, Md.— Granted
special temporary authority to operate unlimited time every
night for period not to exceed 10 days until Red Cross Drive
is over.

KAAV — United Air Lines Transport Corp., Washington, D. C. —
Granted special temporary authority to use and operate
regularly licensed aircraft transmitter KHAQY aboard
United Airlines Transport Corp. plane as a relay broadcast
station, in connection with a emergency conditions in flood
area beginning approximately at 10 a. m. January 26, 1937.

KPDN — R. C. Hoiles, Pampa, Tex. — Granted special temporary
authority to operate unlimited time for period of 10 days
beginning January 27 in order to broadcast appeals for help
in the flood stricken areas.

WAIA— WBNS, Inc., Columbus, Ohio.— Granted special temporary
authority to operate a relay broadcast station beginning
January 27 and ending in no event later than February 5,
1937, on frequencies 1646, 2090, 2190, 2830 kc., 175 watts,
Collins equipment Type 30 FXC in a truck, for communica¬
tion in flood area.

WSAZ — WSAZ, Inc., Huntington, W. Va.— Granted authority to
operate additional hours provided strict compliance with
Rule 23.

WAAU— Columbia Broadcasting System, Inc., New York, N. Y.—
Granted special temporary authority to operate a mobile
relay broadcast station for duration of flood, in order to
broadcast flood conditions on frequencies 1646, 2090, 2190,
2830 kc., 50 watts.

WKZO — WKZO, Inc., Kalamazoo, Mich. — Granted special tem¬
porary authority to operate unlimited time for the duration
of the flood crisis, in order to join the intercity network
organized by WHAS, Louisville, Ky.

WSPA — Virgil V. Evans, t/a the Voice of South Carolina, Spartan¬
burg, S. C. — Granted special temporary authority to operate
from local sunset (5:45 p. m. January, 6:15 p. m. February),
EST until 10 p. m„ EST, for period of 10 days, using 500
watts power, in order to assist local chapter Red Cross in
securing money and clothing for relief of flood sufferers.

WQBC— Delta Broadcasting Co., Inc., Vicksburg, Miss.— Granted
special temporary authority to operate unlimited time for
period of 10 days in order to rebroadcast flood relief mes-'
sages and flood bulletins as waters move down Mississippi
River.

WKEU — Radio Station WKEU, Griffin, Ga/ — Granted special tem¬
porary authority to operate unlimited time for a period of
10 days beginning January 27, 1937, in order to aid in local
Red Cross Relief Drive.

W5RFH — R. A. Seivers, Radio Chairman, American Legion, Green¬
ville, Miss. — Granted authority to Eugene Boyer, licensee of
W5BFH amateur station, to operate same station on any
frequency not assigned to government service listed in Rule
229 as amended, to transmit emergency messages only dur¬
ing flood period in strict compliance Rule 25.

1914

W9XPV-W9XPN — WDZ Broadcasting Co., Tuscola, Ill. — Granted
authority to operate as licensed for period 30 days from
January 23 to February 21 for relay broadcast from train
between Villagrove and Tuscola, Ill.

WGBD-WJLF — WBNS, Inc., Columbus, Ohio. — Granted authority
to operate as licensed for period of 10 days from date for
emergency use in connection with flood in vicinity of Ports¬
mouth, Ohio.

W10XFR — National Broadcasting Co., New York. — Granted au¬
thority to operate as licensed from January 31 to February
5, inclusive, connection program Inquiring Reporter.

WIEX-WMFS — National Broadcasting Co., New York. — Granted
authority to operate as licensed January 28 to February 6,
inclusive, relay broadcast connection flood relief program.

W8XIQ-W8XIR— WGAR Broadcasting Co., Cleveland, Ohio. —
Granted authority to operate as licensed for period of 10
days beginning this date for emergency use in flood area.

WIEK-W10XGJ — Columbia Broadcasting System, Inc., New York
City. — Granted authority to operate as licensed January 28
in connection with National Aviation Show.

W6XKL-KADB-KIFO — Nichols & Warinner, Inc., Long Beach,
Calif. — Granted authority to operate stations as licensed,
period 15 days from January 21 to February 4, provided
Commission is advised by telegram sent before broadcast,
the requirements of Rule 1002. Nature of program to be
settlement of maritime strike, vicinity San Pedro harbor.
Renewal of this authority may be requested before expira¬
tion of 15-day period.

WHBE — Onondaga Radio Broadcasting Corp., Syracuse, N. Y. —
Granted authority to operate as licensed, period not to exceed
10 days, relay broadcast Red Cross relief duty at Scott
Field.

W3XEM-W3XEL — WFIL Broadcasting Co., Philadelphia, Pa.—
Granted authority to operate as licensed, period of 10 days,
relay broadcast for relief work during flood at Louisville.

W4XBT-WAAK-W4XBZ — Radio Station WSCC, Charlotte, N. C.
— Granted authority to operate as licensed for period 1 week
from date, connection Red Cross drive.

KARK — Arkansas Radio & Equipment Co., Little Rock, Ark. —
Granted authority KARK to operate with 1 KW night to
transmit emergency messages only for duration of flood
emergency in accordance with Rule 23.

WREC — WREC, Inc., Memphis, Tenn. — Granted authority re¬
broadcast by WREC of amateur station W5BKD of material
aiding emergency flood relief work as set forth in Rule 23.

KARK — Arkansas Radio & Equipment Co., Little Rock, Ark. —
Granted authority use old KARK transmitter, located at 212
Center St., accordance with terms of license dated August
29, 1936, in event flood waters render new transmitter in¬
operative, for period not to exceed 30 days, in accordance
Rule 23.

WAVE — WAVE, Inc., Louisville, Ky. — Granted authority rebroad¬
casting by WAVE of amateur station W9PYH material aid¬
ing emergency flood relief work as set forth in Rule 23.

WHEC — Asso. Radiocasting Corp., Columbus, Ohio. — Granted au¬
thority operate additional time provided compliance Rule 23.

WCKY— L. B. Wilson, Inc., Covington, Ky. — Granted authority
emergency use of portable relay station using call letters
WAEY on 2190 kc. and 2830 kc., 10 watts, for emergency
relay broadcast service only, accordance with Rule 23.

WREC — WREC, Inc., Memphis, Tenn. — Granted authority for
emergency use of 2 portable relay broadcast stations using
call letters WAYW and WAEX, on 2 frequencies, listed in
Rule 1003, causing least interference, and to rebroadcast
amateur stations’ material aiding in flood emergency work.

WGBF — Evansville on the Air, Inc., Evansville, Ind. — Granted au¬
thority transmit emergency messages pertaining to flood for
duration of emergency.

KALE — KALE, Inc., Portland, Ore. — Granted extension special
temporary authority to operate for period beginning Jan¬
uary 30, 1937, and ending in no event later than February
22, 1937, pending issuance of modification of license.

W8XNA-W8XNB — Loyola University, New Orleans, La. — Granted
special temporary authority to operate 2 portable relay
broadcast stations beginning 1-31-37 and ending in no event
later than 1-14-37, on frequencies 31100, 34600, 37600,
40600 kc., power of 2 watts and 7 watts, for use in connec¬
tion with formal opening of Bonne Carre spillway, flood
descriptions and events surrounding Mardi Gras parade.

WKAR — Michigan State College, East Lansing, Mich. — Granted
special temporary authority to rebroadcast Naval Observa¬
tory time signals over WKAR, provided compliance with

requirements of Naval Observatory station, for period be¬
ginning 3 a. m., CST, February 1, 1937, and ending in no
event later than 3 a. m., CST, August 1, 1937.

The Broadcast Division granted the petition of Tri-State Broad¬
casting Co. requesting postponement of the effective date of the
decision on the application of Dorrance D. Roderick, El Paso,
Texas, for construction permit, Docket No. 3858, until January 21,
1937.

The Broadcast Division granted the petition of WHB Broad¬
casting Company (WHB), Kansas City, Mo., and directed that the
effective date of its order of November 17, 1936, be extended to
February 21, 1937 (Docket No. 3808).

The Broadcast Division granted the petition of Indianapolis
Broadcasting, Inc., requesting authority to intervene in the proceed¬
ings upon the application of Curtis Radiocasting Corp., Indian¬
apolis, Ind., for new broadcast station, Docket No. 4323.

KFVS — Oscar C. Hirsch, Cape Girardeau, Mo. — Granted authority
to use amateur phone equipment for relay broadcast on
group A frequencies for period January 30 to February 6,
inclusive ; use call letters W9XRI.

WAPO — W. A. Patterson, Chattanooga, Tenn. — Granted authority
to operate during night hours on January 30 to February 3,
inclusive, to broadcast programs directly related to Red
Cross and relief work only.

APPLICATIONS RECEIVED
First Zone

WBZ — Westinghouse Electric & Manufacturing Co., Boston, Mass.
—Construction permit to install a new transmitter and direc¬
tional antenna for day and night use, increase power from
50 KW to 500 KW and move transmitter from Dover Road,
Millis Township, Mass., to Provincetown, Mass.

NEW— Watertown Broadcasting Corp., Watertown, N. Y. — Con-
1420 struction permit for a new station to be operated on 1270
kc., 250 watts, daytime. Amended: To change frequency
from 1270 kc. to 1420 kc., power from 250 watts to 100
watts night, 250 watts daytime, and change hours of opera¬
tion from daytime to unlimited time.

W3XAK — National Broadcasting Co., Bound Brook, N. J. — License
to operate station as a facsimile broadcast (experimental)
station on 2016 kc., unlimited time, to be located at River
Road, Bound Brook, N. J. (Request of applicant.)

NEW— National Broadcasting Co., Inc., Bellmore, N. Y.— License
to operate the transmitter formerly licensed to W2XBS as
a facsimile broadcast (experimental) station on 2016 kc.,
500 watts, unlimited time. (Request of applicant.)

NEW — Knickerbocker Broadcasting Co., Inc., Flushing, N. Y. —
Construction permit for a new high frequency broadcast
station to be operated on 31600, 35600, 38600, 41000 kc.,
100 watts, unlimited time.

W2XIN — Standard Cahill Co., Inc., Mobile — Modification of li¬
cense to change name from Standard Cahill Co., Inc., to
WBNX Broadcasting Co., Inc.

Second Zone

NEW — Arlington Radio Service, Inc., Arlington, Va. — Construction
850 permit for a new station to be operated on 850 kc., 250
watts, daytime.

WJAC — WJAC, Inc., Johnstown, Pa. — License to cover construc-
1310 tion permit (B2-P-871) for changes in equipment, increase
in power and move of transmitter.

WSAN — WSAN, Inc., Allentown, Pa. — License to cover construc-
1440 tion permit (B2-P-1380) as modified for new transmitter
and antenna and move of transmitter.

WCBA — B. Bryan Musselman, Allentown, Pa. — License to cover
1440 construction permit (B2-P-1380) as modified for new trans¬
mitter and antenna and move of transmitter.

WCBA — B. Bryan Musselman, Allentown, Pa. — Voluntary assign-
1440 ment of license from B. Bryan Musselman to WSAN, Inc.
WSAN — WSAN, Inc., Allentown, Pa. — Voluntary assignment of
1440 license from WSAN, Inc., to WSAN, Inc.

NEW — Philadelphia Radio Broadcasting Co., Philadelphia, Pa. —
1570 Construction permit for a new special broadcast station to
be operated on 1570 kc., 1 KW, unlimited time. Amended:
To change name from Philadelphia Radio Broadcasting
Corp. to Philadelphia Radio Broadcasting Company.
NEW— Summit Radio Corp., Akron, Ohio. — Construction permit
1530 for a special broadcast station to be operated on 1530 kc.,
1 KW, unlimited time. Amended: To give studio site as
106 S. Main Street, Akron, Ohio.

1915

NEW — Allen T. Simmons. Vicinity of Akron, Ohio. — Construction
permit for a new high frequency relay broadcast station to
be operated on 31100, 34600, 37600, 40600 kc., 100 watts,
unlimited time.

W8XIQ — The WGAR Broadcasting Co., Mobile — Construction per¬
mit to make changes in equipment and increase power 35
watts to 100 watts.

Third Zone

NEW — El Paso Broadcasting Co., El Paso, Texas. — Construction
940 permit for a new station to be operated on 940 kc., 1 KW,
unlimited time. Amended: To give transmitter site as 2,250
feet south of Spruce St., on line of Boone St., extended south¬
ward, El Paso, Texas.

NEW — W. W. Luce, Fort Lauderdale, Fla. — Construction permit
1050 for a new station to be operated on 1050 kc., 1 KW, limited
time.

KOCA — Oil Capital Broadcasting Assn. (James G. Ulmer, Presi-
1210 dent), Kilgore, Texas. — License to cover construction per¬
mit (B3-P-594) as modified for a new station. Amended:
Equipment.

WAML — New Laurel Radio Station, Inc., Laurel, Miss. — License
1310 to cover construction permit (B3-P-1244) for new trans¬
mitter and move of transmitter.

WKEU — Radio Station WKEU, Griffin, Ga. — Modification of li-
1310 cense to change frequency from 1500 kc. to 1310 kc. and
hours of operation from daytime to unlimited using 100
watts power.

KTEM — Bell Broadcasting Co., Temple, Texas. — Construction per-
1370 mit to make changes in equipment, change hours of opera¬
tion from daytime to unlimited and power from 100 watts
to 100 watts night, 250 watts daytime.

KMAC — W. W. McAllister, San Antonio, Texas — License to cover
1370 construction permit (B3-P-1343) for new transmitter and
vertical antenna, increase in power and move of transmitter.
WBNO — Coliseum Place Baptist Church, New Orleans, La. — Con-
1500 struction permit to install a new transmitter and vertical
antenna change frequency from 1200 kc. to 1500 kc., power
from 100 watts to 100 watts night, 250 watts daytime, hours
of operation from share-WJBW to unlimited, and move
studio and transmitter locally. Amended: To change re¬
quested frequency from 1500 kc. to 1420 kc.

WBNO— The Coliseum Place Baptist Church, New Orleans, La. —
1500 Voluntary assignment of license from The Coliseum Place
Baptist Church to WBNO, Inc.

KGKB — East Texas Broadcasting Co., Tyler, Texas. — License to
1500 cover construction permit (B3-P-1485) for changes in equip¬
ment, increase in power and change in hours of operation.
NEW — A. H. Belo Corporation, Grapevine, Texas. — Construction
permit for a new high frequency broadcast station to be
operated on 31600, 35600, 38600, 41000 kc., 100 watts,
unlimited time.

NEW — Southeastern Broadcasting Co., Inc., Macon, Ga. — Con¬
struction permit for a new relay broadcast station to be
operated on 1622, 2058, 2150, 27900 kc., 30 watts. (Ob¬
solete form.)

Fourth Zone

WIND — Johnson-Kennedy Radio Corp., Gary, Ind. — Construction
560 permit to make changes in directional antenna.

KGLO- — Mason City Globe Gazette Co., Mason City, Iowa. —
1210 License to cover construction permit (B4-P-789) as modified
for a new station.

WTCN — Minnesota Broadcasting Corp., Minneapolis, Minn. —
1250 Modification of license to change power from 1 KW night,
5 KW day, to 5 KW day and night.

KROC — Southern Minnesota Broadcasting Co., Rochester, Minn. —
1310 Authority to transfer control of corporation from First
Trust Co. of St. Paul and G. P. Castner, as Special Ad¬
ministrators of the estate of L. J. Shields, deceased; Flor¬
ence E. Brown and Emmet Butler as Trustees under the
last will and testament of Frank M. Brown, deceased;
Florence E. Brown as Guardian of the estate of James L.
Brown, a minor; and Stanley Hubbard, to Gregory Gent¬
ling. Amended to add name of National Battery Broad¬
casting Co. to that of transferors.

WBOW — Banks of Wabash, Inc., Terre Haute, Ind.— Construction
1310 permit to make changes in equipment, install directional
antenna for night use, change frequency from 1310 kc. to
1290 kc., power from 100 watts, 250 watts day, to 500
watts, 1 KW day, and move transmitter locally.

WTRC — The Truth Publishing Co., Inc., Elkhart, Ind. — Modifica-
1310 tion of license to change hours of operation from simul¬
taneous daytime, share WLBC night, to unlimited time.
KWOS — Tribune Printing Co., Jefferson City, Mo. — License to
1310 cover construction permit (B4-P-1023) as modified for a
new station.

WGL — Westinghouse Radio Stations, Inc., Fort Wayne, Ind. — Con-
1370 struction permit to install a new antenna and move trans¬
mitter and studio from 213 W. Main Street to 925 S.
Harrison Street, Fort Wayne, Ind. Amended to change
name from Westinghouse Electric & Manufacturing Co. to
Westinghouse Radio Stations, Inc.

KOBH — Black Hills Broadcast Co. (Robert Lee Dean, Executive
1370 President), Rapid City, S. Dak. — Voluntary assignment of
license from Black Hills Broadcast Co. (Robert Lee Dean,
Executive President) to Black Hills Broadcast Company of
Rapid City.

WIRE — Indianapolis Broadcasting, Inc., Indianapolis, Ind. — Modi-
1400 fication of construction permit for changes in equipment
and increase in power, requesting further changes in equip¬
ment and extension of commencement and completion dates
30 and 90 days.

KSO — Iowa Broadcasting Co., Des Moines, Iowa. — License to cover
1430 construction permit (B4-P-996) as modified for changes in
equipment and increase in power.

NEW — Economy Cash Hardware, E. E. Dodson, Prop., State of
Missouri. — Construction permit for a new experimental
broadcast station to be operated on 56000 kc. and up, 200
watts, unlimited time. (Obsolete form.)

NEW — Oscar C. Hirsch, tr/as Hirsch Battery & Radio Co., Mobile.
— Construction permit for a new relay broadcast station to
be operated on 31100, 34600, 37600, 40600 kc., 15 watts,
unlimited time. (Obsolete form.)

NEW — Oscar C. Hirsch, tr/as Hirsch Battery & Radio Co., Mobile.
— Construction permit for a new relay broadcast station to
be operated on 1606, 2022, 2102, 2758 kc., 50 watts, un¬
limited time. (Obsolete form.)

W9XAP — National Broadcasting Co., Inc., Addison, Ill. — License
to operate station as a facsimile broadcast (experimental)
station on 2016 kc., 2J4 KW, unlimited time. (Request of
applicant.)

NEW — Central States Broadcasting Co., Omaha, Nebr. — Construc¬
tion permit for a new high frequency broadcast station to
be operated on 31600, 35600, 38600, 41000 kc., 100 watts,
unlimited time.

NEW — Iowa Broadcasting Co., Des Moines, Iowa. — Construction
permit for a high frequency broadcast station to be operated
on 26550 kc., 100 watts, unlimited time.

Fifth Zone

NEW — Clarence A. Berger and Saul S. Freeman, Coeur D’Alene.
1200 Idaho. — Construction permit for a new station to be operated
on 1200 kc., 100 watts, daytime. Amended to change from
an individual to a partnership by adding name of Saul S.
Freeman.

KGFJ — Ben S. McGlashan, Los Angeles, Calif. — Construction per-
1200 mit to install new equipment, change frequency from 1200
kc. to 1170 kc., and change power from 100 watts to 250
watts night, 500 watts daytime. Amended to give trans¬
mitter site as site to be determined, Los Angeles, Calif.
KVEC — Christina M. Jacobson, tr/as The Valley Electric Co.,
1200 San Luis Obispo, Calif. — Modification of construction per¬
mit (B5-P-718) as modified for a new station, requesting
move of transmitter from 1.285 miles south from center of
San Luis Obispo, to 1.5 miles northwest from center of San
Luis Obispo, Calif., and extend commencement and com¬
pletion dates.

NEW — John D. Fields, Inc., Las Vegas, Nev. — Construction per-
1370 mit for a new station to be operated on 1370 kc., 100 watts,
unlimited time. Amended to make changes in transmitting
equipment and antenna.

KBPS — Benson Polytechnic School, Portland, Ore. — Construction
1420 permit to make changes in equipment.

NEW — Frontier Broadcasting Co., Cheyenne, Wyo. — Construction
1420 permit for a new station to be operated on 1420 kc., 100
watts night, 250 watts day, unlimited time. Amended to
change from a partnership, Wm. C. Grove and S. H. Pat¬
terson, to a corporation, Frontier Broadcasting Co.

KPQ — Wescoast Broadcasting Co., Wenatchee, Wash. — Construc-
1500 tion permit to move transmitter from 20 Second Street,
Wenatchee, Wash., to north end Miller Street, Wenatchee,
Wash., and erect a vertical antenna.

1916

W7XBD — Oregonian Publishing Co,, Portland, Oreg. — Modification
of construction permit for extension of commencement date
from 9-15-36 to 2-15-37 and completion date from 2-15-37
to 8-15-37.

NEW — Dr. A. H. Schermann, Mobile — Construction permit for a
new relay broadcast station to be operated on 31100, 34600,
37600, 40600 kc., 10 watts. (Obsolete form.)

NEW — The KLZ Broadcasting Co., Denver, Colo. — Construction
permit for a new high frequency broadcast station to be
operated on 31600, 35600, 38600, 41000 kc., 100 watts,
unlimited time.

NEW — Earle C. Anthony, Inc., Mt. Wilson, Calif. — Construction
permit for a new high frequency broadcast station to be
operated on 26550 kc., 100 watts, unlimited time.

Puerto Rican Zone

NEW — Ralph Perez Perry, Guayama, Puerto Rico. — Construction
630 permit for a new station to be operated on 630 kc., 250
watts, unlimited time.

PROPOSES NEW FEDERAL BROAD¬
CASTING STATION

Representative Cellar of New York on Wednesday
introduced a bill in the House for a federally controlled
Pan-American broadcasting station. In connection with
this, Mr. Cellar made the following statement:

I have this day offered a bill authorizing the Navy Department
to construct and maintain a government radio broadcasting station
to be called the Pan American Radio Station, with such power and
equipment as will enable such station effectively to transmit pro¬
grams to all parts of the world, and particularly, to countries of
the Western hemisphere, with sufficient signal strength to permit
programs to be rebroadcast in all countries of the Pan-American
Union.

The United States Commissioner of Education is instructed to
provide programs of national and international interest. There is
to be appropriated $750,000 for the construction of such station,
and furthermore, an annual appropriation of $100,000 a year for
operation and maintenance

The plan and purpose of such legislation has had the approval
and encouragement of responsible officials of the Department of
State, Department of the Interior, Department of Agriculture,
Federal Communications Commission, National Committee on
Education by Radio and the Pan-American Union. Also, such
project has already had the approval specifically of President
Roosevelt, Secretary of State Hull and Secretary of the Navy
Swanson. It grows out of the radio resolution adopted January,
1932, at Montevideo, by the Seventh International Conference of
the North, Central and South American countries forming the
twenty-one sister Republics of the Pan-American Union.

Each American nation participating at the Conference agreed to
set up short wave broadcasting stations and to broadcast such
programs as to cement bonds of friendship and cultural understand¬
ing between the peoples of the twenty-one countries of the Pan-
American Union.

The radio spectrum by international comity has been divided
into a definite number of bands of frequencies. Within each fre¬
quency band, only a certain number of short wave broadcasting
stations can function. In all the world, there are no more un¬
assigned or “empty” channels for new short wave broadcasting sta¬
tions — except one; that is the channel pre-empted at the Monte¬
video Conference for exclusive use of Pan-American Republics.

President Roosevelt, in pursuance of such preemption, and in
accord with our sister nations, issued Executive Order No. 6472,
dated December 2, 1933, making available for the United States
Government, the following frequencies: 6120 kc, 9550 kc, 11730 kc,
15130 kc, and 2150 kc.

In pursuance of such Executive Order, a station was to be set up
in Washington, D. C., under the joint control and auspices of the
State Department and Navy Department. The station was never
set up. Many obstacles were thrown across the path of this much
needed reform, by misguided and selfish persons. It is feared that
this would be the entering wedge into governmental control of
Radio. That is ridiculous.

I am a firm believer in private initiative. I do not want to
slam the door in the face of the efficiency, enterprise and resource¬
fulness of private ownership. Our radio system, despite certain

besetting evils of commercialism, is yet the greatest in the world,
thanks to private control. But one Pan-American short wave sta¬
tion, set up in pursuance of the Treaty, in an unassigned channel,
on a non-competitive basis, will not in the slightest militate against
private initiative. It will not lead to government monopoly.

These persons and entities must now cease their opposition, else
they will get their fingers burned. Because of the pressure against
carrying out the President’s Executive Order, I have introduced my
bill. However, I specifically provide for cooperation of private
stations in the maintenance and operation of the Pan-American
Broadcasting Station.

The United States Commissioner of Education, with the approval
of an advisory council consisting of the Secretary of State, the
Director General of the Pan-American Union, the Chairman of the
Federal Communications Commission, and such other govern¬
mental officials as the President may select, may at certain periods
and under well defined conditions, allow said Pan-American Sta¬
tion to be used by a private company, provided there will be no
profit and no advertising, and the programs are exclusively in the
public interest.

Every nation in the world has a broadcasting station, except the
United States. Every nation but our own can defend itself over
the air against foreign and unfriendly attacks. For example, the
Fascist and Communist Governments are growing bolder every day
in their proselyting activities. National boundaries mean nothing.
The sovereignty of no nation is respected. Surely some antidote is
necessary.

There are two million short wave receiving sets in this country
and the number is mounting daily by leaps and bounds. Such
increasing short wave receptivity might well command a Federal
station.

Such a Federal controlled station could be used (1) to create
good will between this and other nations, (2) to eradicate inter¬
national misunderstandings, and (3) to develop two-way trade
between the United States and other nations by propagandizing
for our own products, indicating to foreigners the worthwhileness
of our goods and encouraging importations of our goods. In this
way, we will further the purposes of the Administration in increas¬
ing foreign trade by supplementing the activities of Secretary of
State Hull and the President through the reciprocal trade treaties.

The types of programs available might well be the following:

A. For Pan American Use:

(1) The concerts given at the Pan American Union at
regular intervals, together with other events of inter-American
character which are held at the Union, such as Pan American
Conferences, addresses delivered on the occasion of the ob¬
servance of Pan American Day and other similar events.

(2) Important events in which high officials of the Gov¬
ernment participate; for instance, the message of the Presi¬
dent at the opening session of Congress, and other addresses
that may be delivered by The President and by other high
officials of the Government.

(3) Concerts by some of the great musical organizations of
the United States; for example, the New York Philharmonic,
the Boston Symphony and the Philadelphia Orchestra.

(4) Programs of music by North American composers as
played regularly by the Service Bands in Washington; the
United States Army Band, the Navy Band and the Marine
Band.

(5) Outstanding productions of the theater, such as the
Metropolitan Opera Company, the Chicago Civic Opera.

B. For National and Pan American Service:

(1) Addresses by The President

(2) “ “ Members of the Cabinet

(3) “ “ Congressional Leaders

(4) “ “ Heads of Commission, Departments,

Bureaus, etc.

(5) Account and interpretation of various governmental

activities.

(6) National Events

(a) Opening of Congress and other important ses¬

sions.

(b) Fourth of July Ceremonies

(c) Ceremonies at Arlington

(d) Account of Army Inspections and Drills

(e) “ “ Navy “ and Maneuvers

(f) Graduation Ceremonies at Naval Academy at

Annapolis and Military Academy at West
Point

1917

(g) Dedications

(h) Conferences: National and International

(i) National athletic events

C. For National Service:

(1) Aims, functions, and policies of Government, current
Governmental activities — Congress — Officials in action — the
new arms of government — debates and discussions about cur¬
rent governmental problems — interpretation and obeyance of
laws.

(2) Economics and government — health and social wel¬
fare — education and culture — recreation — history of the coun¬
try and its institutions — patriotism — national resources — in¬
dustrial development — labor.

(3) Home economics — farm and home periods — crop re¬
ports — road conditions — weather reports — storm warnings —
Public and National Parks — law enforcement — safety of life —
fire prevention— preservation of forests.

(4) The rationalization of public life by the development
of a new type of statesman and a new type of voter.

D. For Education:

The material under this headings applies to both Pan
American and National broadcasts.

Under a rather large scope this includes:

Vocational guidance

Literature

Music

Arts

Drama

Geography

History

Civics

Nature Study
Languages (Spanish and
English reciprocal
lectures)

Proper use of Radio will affect the process and scope of Educa¬
tion with results quite as revolutionary as followed the invention
of the printing press.

By applying this new instrumentality of communications to Edu¬
cation, costs may be reduced and quality improved.

Emanuel Celler,

Rep. 10th New York District.

AN ACT

Authorizing the Secretary of the Navy to construct and maintain
a government radio broadcasting station; authorizing the United
States Commissioner of Education to provide programs of national
and international interest ; making necessary appropriations for the
construction, maintenance, and operation of the station and pro¬
duction of programs therefor; and for other purposes.

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

Section 1 : That the Secretary of the Navy be, and he is hereby,
authorized and instructed to construct a radio broadcasting station
of such power, and using such equipment as will effectively trans¬
mit programs to all parts of the United States and from this coun¬
try to other countries of the Western Hemisphere upon high fre¬
quencies assigned by the President and allocated to broadcasting,
with sufficient signal strength to permit the same to be rebroadcast
in those countries. The said station shall be located in the vicinity
of Washington, D. C., the exact location of said station to be
selected by the Secretary of the Navy. The station shall be known
as the “Pan American Radio Station.”

Sec. 2 : There is authorized to be appropriated the sum of Seven
Hundred Thousand Dollars ($700,000) out of any money in the
Treasury not otherwise appropriated, for the construction of the
Pan American Radio Station, including buildings, land, studio
equipment, lines, and all apparatus and equipment incident to the
effective operation thereof.

Sec. 3: There is hereby authorized to be appropriated the sum
of Fifty Thousand Dollars ($50,000) annually out of any money
in the Treasury not otherwise appropriated, to be expended by the
Secretary of the Navy for the operation and maintenance of the
Pan American Radio Station. The Secretary of the Navy is charged
with all duties incident to the proper operation and maintenance
of the said station.

Sec. 4: The United States Commissioner of Education shall be
in charge of all programs for the Pan American Radio Station. He
shall provide and/or arrange for programs, which will render a
distinct national and/or international service and which will pro¬

mote a better understanding among the Republics of the American
Continent and will be of educational and cultural value.

The general policies to be followed governing the operation of
the Pan American Radio Station shall be determined by an ad¬
visory council consisting of the Secretary of State, the Director
General of the Pan American Union, the Chairman of the Federal
Communications Commission, the United States Commissioner of
Education, or such alternates as they may designate, and such
other Government officials as the President may select. Provided,
The total membership of said advisory council shall not exceed nine
persons.

The programs broadcast by the Pan American Radio Station
may be rebroadcast by any station the emissions of which are in¬
tended to be received by the general public. No commercial adver¬
tising shall be permitted in the programs transmitted by the Pan
American Radio Station.

Sec. 5: For the production of radio programs, including rental
of technical facilities, there is hereby authorized to be appropriated
for the Office of Education, Department of the Interior, such sum
as may be necessary annually, said appropriation to be paid out of
any money in the Treasury not otherwise appropriated.

Sec. 6: The United States Commissioner of Education, with the
approval of the advisory council, shall, in his discretion, permit
well qualified, privately owned commercial radio companies,
actually operating efficient stations, to use, without charge, said
Pan American radio station and its facilities, during such times
and period and under such terms and conditions as to said Com¬
missioner with the approval of said council may seem just and
proper, having in mind always that the Pan American radio sta¬
tion is a go vernmen tally controlled facility, provided:

(1) Such privilege to such private company is exercised without
profit to said company;

(2) The programs contributed by said privately owned company
are suitably controlled and censored by said Commissioner
of Education;

(3) Said privilege to such privately owned company may be
withdrawn at any time without notice by said Commis¬
sioner of Education;

(4) Such programs shall neither directly, indirectly, or remotely,
involve the broadcasting of any advertising, and shall be
exclusively in the public interest;

(5) Any use of the facilities of such Pan American radio station
as aforesaid to such privately owned company does not
interfere with or militate against the general purposes of
this Act.

CONNERY RADIO INVESTIGATION
RESOLUTION
H. Res. 92

IN THE HOUSE OF REPRESENTATIVES
January 28, 1937

Mr. Connery submitted the following resolution; which was re¬
ferred to the Committee on Rules and ordered to be printed

RESOLUTION

Whereas the Congress, in creating the Federal Radio Commission
and in enacting the Communications Act of 1934, expressly re¬
serves to the people of the United States control of all radio fre¬
quencies; and

Whereas, despite the restriction through the leasing of, the pur¬
chase of, the affiliating of, the operation of, or, through the
possession of contracts giving to a select few the exclusive right
to use the more desirable time of these radio-broadcasting sta¬
tions, there is reason to believe that contrary to the intent and
the spirit, as well as the language of laws in force, one or more
monopolies exist in radio broadcasting, which radio-broadcasting
monopolies are believed to be profiting illegally at the expense
and to the detriment of the people through the monopolistic con¬
trol and operation of all clear channel and other highly desirable
radio-broadcasting stations, such as the Columbia Broadcasting
System, the National Broadcasting Company, and the Mutual
Broadcasting System, or other existing groups; and

1918

Whereas it is believed that neither public interest, convenience, or
necessity is served by permitting virtual radio-broadcasting
monopolies to control this property which has been reserved to
the control of the American people; and
Whereas it is contrary to public policy, convenience, or necessity,
to allow any private groups to monopolize the use of a property
reserved to and for the people: Therefore be it
Resolved, That a committee of seven Members of the House of
Representatives shall be appointed by the Speaker, which commit¬
tee is hereby directed to inquire into and investigate the allegations
and charges that a monopoly or monopolies exist in radio broad¬
casting alleged to be held by the Columbia Broadcasting System.
National Broadcasting Company, Mutual Broadcasting System, or
others; be it further

Resolved, That the said committee shall make a thorough and
exhaustive investigation of all charges and allegations of the
existence of a monopoly or monopolies in radio broadcasting and
the effect which such monopoly or monopolies may have on the
character of radio programs, and rates charged advertisers, and
generally the effect of such monopoly or monopolies on the public,
and said committee shall report in whole or in part at any time to
the House of Representatives during the Seventy-fifth Congress,
together with such recommendations for legislation or otherwise
as it deems advisable; and be it further

Resolved, That said committee or any subcommittee thereof is
authorized to sit and act during the present Congress at such times
and places within the United States whether or not the House is
sitting, has recessed, or adjourned, to hold such hearings; to require
the attendance of such witnesses and the production of such books,
papers, and documents by subpena or otherwise and take such
testimony as it deems necessary with respect to such monopoly
or monopolies and the management and operation of any com¬
pany or companies being so investigated. Subpenas shall be issued
under the signature of the chairman of said committee or any
member designated by him, and shall be served by any person
designated by them or either of them. The chairman of the com¬
mittee or any member thereof may administer oaths to witnesses.
Every person who, having been summoned as a witness by authority
of said committee, or subcommittee thereof, willfully makes de¬
fault, or who, having appeared, refuses to answer any questions
pertinent to the matter herein authorized to be investigated, shall
be held to the penalties provided in sections 102, 103, and 104 of
the Revised Statutes of the United States, as amended (U. S. C.,
title 2, secs. 192, 193, and 194).

WEARIN RADIO MONOPOLY BILL
H. R. 3892

IN THE HOUSE OF REPRESENTATIVES
January 28, 1937

Mr. Wearin introduced the following bill; which was referred to
the Committee on Interstate and Foreign Commerce and ordered
to be printed

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.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Act of
Congress designated by the statutory title “Communications Act
of 1934”, approved June 19, 1934, be, and the same is hereby,
amended by adding thereto a new section to immediately follow
section 314 of said Act, said new section to be as follows:

“Sec. 314. (a) It is hereby declared to be against public interest
to permit the creation or the continuance of monopolies in the dis¬
tribution of general information, news, and editorial comment
thereon, through any combination resulting in unified control of
newspapers, magazines, or other printed publications, with radio
broadcasting, and after the effective date of this Act it shall be
unlawful for any licensee, to any extent, directly or indirectly, in
its own person or through an agent, holding corporation, affiliated
corporation, subsidiary corporation, by stock ownership in a cor¬
poration, or otherwise, (1) to be owned, partially owned, managed,
or controlled by any person who owns, partially owns, manages,
controls, directs, or publishes any newspaper, magazine, or other
printed publication circulated or distributed to any extent within
the area or zone served by the broadcasting station alloted to such
licensee; or (2) to own, partially own, manage, control, direct, or
publish any newspaper, magazine, or other printed publication
circulated or distributed to any extent within the area or zone
alloted to such licensee: Provided, That the foregoing provisions
of this section shall not apply to and shall not be enforced against
any person now holding a license under this Act until the termina¬
tion of the term of his existing license but shall apply and be en¬
forced against such present licensee immediately upon termination,
and without any extension, of the existing term of such license.”

LEA RADIO OPERATORS BILL
H. R. 3898

IN THE HOUSE OF REPRESENTATIVES
January 28, 1937

Mr. Lea introduced the following bill; which was referred to the
Committee on Interstate and Foreign Commerce and ordered to
be printed

A BILL

To amend section 318 of the Communications Act of 1934.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 318
of the Communications Act of 1934 is hereby amended to read as
follows:

“Sec. 319. The actual operation of all transmitting apparatus in
any radio station for which a station license is required by this
Act shall be carried on only by a person holding an operator’s
license issued hereunder, and no person shall operate any such
apparatus in such station except under and in accordance with an
operator’s license issued to him by the Commission: Provided,
however, That the Commission may waive or modify the fore¬
going provisions of this section for the operation of any station
except (1) stations for which licensed operators are required by
international agreement, (2) stations for which licensed operators
are required for safety purposes, (3) stations engaged in broadcast¬
ing, and (4) stations operated as common carriers on frequencies
below thirty thousand kilocycles.”

1919

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The National Association of Broadcasters

NATIONAL PRESS BUILDING . , * . , WASHINGTON, D. C.

JAMES W. BALDWIN, Managing Director

NAB REPORTS * * *

Copyright, 1937. The National Association of Broadcasters

Vol. 5 - - No. 6
FEB. 5, 1937

BROADCAST ADVERTISING FOR THE
YEAR 1936 AND FOR DECEMBER

Broadcast Advertising In 1936

HIGHLIGHTS OF THE YEAR

Broadcast advertising volume reached a new all time
high during 1936. Gross time sales amounted to $107,-
550,886 as compared to $87,523, 848 in 1935, an increase
of 22.9%. Although all portions of the medium regis¬
tered marked increases, national non-network advertising
exhibited the most pronounced gain, rising 41.5%. Na¬
tional network volume rose 19.2%, regional network vol¬
ume 23.1% and local broadcast advertising 16.0%.

Non-network advertising registered a gain of 27.9%
over 1935. Local stations continued the trend of 1934
and 1935 by showing the greatest increase in sales of any
class of station. The South Atlantic-South Central Area
led all geographical districts by increasing its sales 52.0%
over 1935. However, all classes of stations and sections
of the country enjoyed considerable increases over 1935
levels.

Although live talent programs represented 47.9% of
the total non-network sales during 1936, transcriptions
increased to a greater extent than any other type of rendi¬
tion. Transcriptions during the past year showed a
50.6% gain over 1935.

General gains were experienced in most all broadcast
sponsor groups during the year 1936. Only drug and con¬
fectionery advertising showed a decline as compared to
the previous month. Principal gains were shown in the
miscellaneous, soap and kitchen supply, automotive,
beverage, tobacco, radio set and financial groups.

TOTAL BROADCAST ADVERTISING

The volume of broadcast advertising over various por¬
tions of the medium during 1935 and 1936 is shown in
Table I.

TABLE I

TOTAL BROADCAST ADVERTISING

Class of Business

National networks .

Regional networks .

National non-network . . .
Local .

Total .

Gross Time Sales
1935 1936

$50,067,686 $59,671,244

1,110,739 1,367,812

17,063,688 24,141,360

19,281,735 22,370,470

$87,523,848 $107,550,886

Total broadcast advertising for the year 1936 exceeded
the gross time sales of 1935 by 22.9%. All portions of
the medium experienced marked increases over 1935
levels. National non-network advertising showed the
greatest gain over last year, rising 41.5%. National net¬
work volume rose 19.2%, regional network business
23.1% and local advertising 16.0%.

The marked increase in national non-network adver¬
tising caused sales in this portion of the medium to
represent 22.4% of the industry’s gross revenues during
1936 as compared to 19.5% in 1935, 18.6% in 1934 and
17.5% in 1933. National network advertising accounted
for 55.5% of the gross revenue for 1936 as compared to
57.2% in 1935, 58.5% in 1934, and 55.2% in 1933.
Regional network advertising represented 1.3% of the
total gross time sales as against 1.2% in 1935, 0.9% in
1934, and 0.7% in 1933. Local business comprised
20.8% of the total sales. Advertising of this type ac¬
counted for 22.1% of total volume in 1934 and 1935.

COMPARISON WITH OTHER MEDIA

Compared to radio broadcasting’s 22.9% rise over the
preceding year, national magazine volume rose 16.8%,
national farm paper advertising 26.0% and newspaper
lineage 9.8%. Advertising volume by major media dur¬
ing the years of 1935 and 1936 is shown in Table II.

TABLE II

ADVERTISING BY MAJOR MEDIA

Gross Time and Space Sales
Advertising Medium 1935 9136

Radio broadcasting . $87 , 523 , 848 $107 , 550 , 886

National magazines 1 . 123,093,289 143,790,669

National farm papers 1 . 5,565,059 7,013,154

Newspapers2 . 517,513,000 568,593,000

Total . $733,695,196 $826,947,709

1 Publishers Information Bureau.

2 Estimated.

NON-NETWORK BROADCAST
ADVERTISING

Total non-network broadcast advertising for the year
1936 experienced a gain of 27.9% over the preceding
year. Continuing to show the same trend as exhibited in
1934 and 1935 local station volume increased to a greater
extent than any other class of stations during 1936. Gross
time sales over this class of stations increased 36.5% over

1921

the 1935 level. Clear channel and high-powered regional
station volume rose 18.4% over 1935 and regional station
volume increased 35.7%.

For the year 1936, gross time sales over clear channel
and high-powered regional stations accounted for 42.2%
of the total non-network sales. Regional station volume
represented 42.4% of the total and local station volume
15.4%. During the year 1935 the composition of non¬
network sales was as follows: clear channel and high
powered regional stations 45.5%; regional stations
40.0%; and local stations 14.5%.

Non-network broadcast advertising by power of station
is shown in Table III.

TABLE III

NON-NETWORK BROADCAST ADVERTISING BY
POWER OF STATION

Gross Time Sales

Power of Station 1935 1936

Over 1,000 watts . $16,564,505 $19,617,140

250-1,000 watts . 14,523,795 19,713,950

100 watts . 5,257,213 7,180,740

Total . $36,345,513 $46,511,830

The south experienced the greatest increase of any sec¬
tion of the country over 1935, non-network advertising in
the South Atlantic-South Central Area rising 52.0%.
Non-network advertising in the New England-Middle
Atlantic Area rose 20.7% over 1935, in the North Central
Area 29.6% and in the Pacific and Mountain Area 13.8%.

Sales in the New England-Middle Atlantic Area com¬
prised 23.2% of total non-network sales in 1936, 24.5%
in 1935, and 33.2% in 1934. The proportion of sales in
the South Atlantic-South Central Area to the total non¬
network sales jumped from 13.5% in 1934 and 16.6% in
1935 to 19.8% in 1936. The North Central Area com¬
prised 38.9% of the total as compared to 36.4% in 1934
and 38.2% in 1935. Sales in the Pacific and Mountain
Area represented 18.1% of the total as against 16.9% in
1934 and 20.7 % in 1935.

Non-network broadcast advertising by geographical
districts is shown in Table IV.

TABLE IV

NON-NETWORK ADVERTISING BY GEOGRAPH¬
ICAL DISTRICTS

Geographical District
New England-Middle Atlantic

Area .

South Atlantic-South Central

Area .

North Central Area .

Pacific and Mountain Area .

Gross Time Sales
1935 1936

$8,945,782 $10,799,850

6,060,358 9,214,070
13,941,087 18,073,230
7,398,286 8,424,680

Total . $36,345,513 $46,511,830

NON-NETWORK ADVERTISING BY TYPE
OF RENDITION

As has been evident throughout the past year, tran¬
scriptions showed the greatest gain over 1935 of any type
of rendition. Total transcription volume rose 50.6%.
Live talent volume rose 26.2%, record volume 9.7% and
announcement volume 15.5%. Transcriptions accounted
for 24.7% of the total amount of non-network sales, live
talent 47.9%, records 2.0% and announcements 25.4%.
Last year transcriptions accounted for 20.9%, live talent
48.3%, records 2.3% and announcements 28.5%.

In the national non-network field, transcriptions led
other types of rendition, rising 53.2% over 1935. Live
talent rose 35.6%, records 6.6% and announcements
35.4%. The proportion of total national non-network ad¬
vertising represented by the various types of rendition is
as follows: transcriptions 37.3%, live talent 45.0%,
records 0.5%, and announcements 17.2%. In 1935 the
proportion was transcriptions 37.7%, live talent 42.9%,
records 0.4%, and announcements 19.0%.

Transcriptions also recorded the greatest gain in the
local non-network field, rising 41.7% over the 1935 level.
Live talent volume rose 18.5%, records 10.2% and an¬
nouncements 6.9%. Transcriptions comprised 11.0% of
the total local non-network sales, live talent 51.2%,
records 3.7%, and announcements 34.1%. In 1935
transcriptions amounted to 9.0%, live talent 50.0%,
records 3.8% and announcements 37.2%.

Broadcast advertising by type of rendition is presented
in Table V.

TABLE V

NON-NETWORK ADVERTISING BY TYPE OF RENDITION

Gross Time Sales

National Non-network Local Total

Type of Rendition 1935 1936 1935 1936 1935 1936

Electrical transcriptions . $5,870,614 $8,998,075 $1,743,894 $2,471,845 $7,614,508 $11,469,920

Live talent programs . 8,015,119 10,869,120 9,664,411 11,452,540 17,679,530 22,321,660

Records . 103,914 110,860 745,157 821,050 849,071 931,910

Announcements . 3,074,131 4,163,305 7,128,273 7,625,035 10,202,404 11,788,340

Total . $17,063,778 $24,141,360 $19,281,735 $22,370,470 $36,345,513 $46,511,830

BROADCAST ADVERTISING pared to the preceding year, all forms of broadcast adver-

SPONSORSHIP tising sponsorship showed gains during 1936. The mis-

With the exception of drug and confectionery advertis- cellaneous group increased to the greatest extent over 1935

ing which declined 2.4% and 7.9%, respectively, as com- rising 63.8%, due mainly to sponsored political broad-

1922

casts. National network advertising in this field increased
153.2% over the 1935 level. Other principal increases
over 1935 were soap and kitchen supply advertising
45.6%, automotive 39.5%, beverage advertising 37.4%,
tobacco advertising 35.4%, radio set advertising 34.5%
and financial advertising 30.6%. Amusements rose 8.8%,
accessories, gas and oils 18.6%, clothing 7.5%, cosmetics
12.6%, foodstuffs 17.3%, household equipment 5.4% and
department store advertising 11.4%.

Foodstuffs led the sponsor field, accounting for 18.2%
of the total broadcast advertising of the year. This has
been the case for the last two years although foodstuffs
comprised 19.0% of the total last year. The leading
sponsor groups are the same as last year but their places
have been changed. During the year just passed food¬
stuffs accounted for 18.2%, miscellaneous 13.8%, cos¬
metics 12.0%, drugs 9.6%, automobiles 8.1% and acces¬
sories 7.3%. In 1935, foodstuffs accounted for 19.0%,

TABLE VI(A)

BROADCAST ADVERTISING BY TYPE OF SPONSORING BUSINESS

Type of Sponsoring Business

National

Networks

(1936)

Regional

Networks

National

Non-network

Local

Total

la. Amusements .

—

—

$1,509

.1%

$127,470

.5%

$478,500

2.1%

$607,479

.6%

1-2. Automobiles and accessories:

1. Automobiles .

4,623,743

7.7%

7,070

.5%

2,660,070

11.0%

1,390,735

6.2%

8,681,618

8.1%

2. Accessories, gas and oils

4,754,419

7.9%

252,120

18.5%

1,902,300

7.9%

905,325

4.0%

7,814,164

7.3%

3. Clothing and apparel .

370,280

.6%

4,976

.4%

468,060

1.9%

3,065,900

13.7%

3,909,216

3.6%

4—5. Drugs and toilet goods:

4. Drugs and pharma-

ceuticals .

5,036,317

8.4%

105,443

7.7%

4,500,610

18.6%

719,620

3.2%

10,361,990

9.6%

5. Toilet goods .

11,384,111

19.1%

53,155

3.9%

1,220,320

5.1%

241,380

1.1%

12,898,966

12.0%

6-8. Food products:

6. Foodstuffs .

11,211,087

18.8%

359,641

26.3%

5,026,440

20.8%

2,946,020

13.2%

19,543,188

18.2%

7. Beverages .

4,469,454

7.5%

113,714

8.3%

717,870

2.9%

1,256,040

5.6%

6,557,078

6.1%

8. Confections .

1,281,418

2.2%

27,529

2.0%

378,840

1.6%

82,990

.4%

1,770,777

1.6%

)— 10. Household goods:

9. Household equipment

and furnishings .

417,799

.7%

54,164

3.9%

858,035

3.6%

2,271,325

10.2%

3,601,323

3.3%

10. Soaps and kitchen sup-

plies .

4,174,139

7.0%

61,752

4.5%

1,344,600

5.6%

93,150

.4%

5,673,641

5.3%

11. Insurance and financial ...

567,123

.9%

12,937

1.0%

243,630

1.0%

913,610

4.1%

1,737,300

1.6%

12. Radios .

1,388,846

2.4%

1,328

.1%

266,070

1.1%

231,050

1.0%

1,887,294

1.7%

13. Retail establishments .

—

—

9,545

.7%

146,245

.6%

1,880,850

8.4%

2,036,640

1.9%

14. Tobacco products .

4,656,641

7.9%

105,610

7.7 %

886,080

3.6%

86,755

.4%

5,735,086

5.3%

15. Miscellaneous .

5,335,867

8.9%

197,319

14.4%

3,394,720

14.2%

5,807,220

26.0%

14,735,126

13.8%

Total .

$59,671,244 100.0%

$1,367,812

100.0%

$24,141,360

100.0%

$22,370,470

100.0%

$107,550,886

100.0%

TABLE VI(B)

BROADCAST ADVERTISING BY TYPE OF SPONSORING BUSINESS

(1935)

Gross Time Sales

National

Regional

National

Type of Sponsoring Business

Networks

Networks

N on-network

Local

Total

la. Amusements .

1-2. Automobiles and accessories:

1. Automobiles .

2. Accessories, gas and oils

3. Clothing and apparel .

4-5. Drugs and toilet goods:

4. Drugs and pharma¬

ceuticals .

5. Toilet goods .

6-8. Food products:

6. Foodstuffs .

7. Beverages .

8. Confections .

9-10. Household goods:

9. Household equipment

and furnishings .

10. Soaps and kitchen sup¬
plies .

11. Insurance and financial. . . .

12. Radios .

13. Retail establishments .

14. Tobacco products .

15. Miscellaneous .

Total .

—

—

—

—

$53,740

.3%

$504,515

2.6%

$558,255

.6%

$3,466,379

6.9%

$8,174

.7%

1,795,853

10.5%

949,056

4.9%

6,219,462

7.1%

4,311,909

8.6%

156,937

14.1%

1,152,268

6.6%

966,093

5.0%

6,587,207

7.6%

456,743

.9%

54,103

4.9%

367,420

2.2%

2,757,916

14.3%

3, 636,182

4.2%

6,145,306

12.3%

76,627

6.9%

3,480,850

20.5%

918,934

4.8%

10,621,717

12.1%

10,294,126

20.6%

33,769

3.0%

851,281

5.0%

276,395

1.4%

11,455,571

13.1%

10,456,847

20.9%

272,317

24.5%

3,513,948

20.6%

2,405,326

12.5%

16,648,438

19.0%

3,016,912

6.0%

31,963

2.9%

658,622

3.9%

1,063,642

5.5%

4,771,139

5.5%

1,317,113

2.6%

48,122

4.3%

431,733

2.5%

126,307

.7%

1,923,275

2.2%

566,610

1.1%

83,212

7.5%

670,221

3.9%

2,096,064

10.9%

3,416,107

3.9%

2,816,578

5.6%

51,246

4.6%

940,083

5.5%

87,743

.5%

3,895,650

4.5%

442,425

.9%

5,350

.5%

208,429

1.2%

673,867

3.5%

1,330,071

1.5%

1,081,460

2.2%

—

—

129,565

.8%

191,543

1.0%

1,402,568

1.6%

59,119

.1%

860

.1%

109,008

.6%

1,659,122

8.6%

1,828,109

2.1%

3,528,790

7.1%

169,565

15.3%

457,380

2.7%

79,611

.4%

4,235,346

4.8%

2,107,369

4.2%

118,494

10.7%

2,243,287

13.2%

4,525,601

23.4%

8,994,751

10.2%

$50,067,686

100.0%

$1,110,739

100.0%

$17,063,688

100.0%

$19,281,735

100.0%

$87,523,848

100.0%

1923

cosmetics 13.1%, drugs 12.1%, miscellaneous 10.2%,
accessories 7.6% and automobiles 7.1%.

Broadcast advertising in 1935 and 1936 by different
product and service groups is found in Tables VI (A) and
VI(B) .

NATIONAL NETWORK ADVERTISING

National network advertising during 1936 experienced
a 19.2% increase over the level of 1935. The greatest
increase among the various sponsor groups was the mis¬
cellaneous group, which rose 153.2%. Principal in¬
creases over 1935 were registered in the soap and kitchen
supply group which rose 48.2%, the beverage group
which increased 48.1% and the automotive group which
was 33.3% ahead of last year. Other increases over 1935
were as follows: accessories 10.2%, cosmetics 10.5%,
foodstuffs 7.2%, financial 28.1%, radio sets 28.4% and
tobacco products 31.9%. Clothing declined 18.9%,
drugs 18.0%, confectionery 2.7% and household equip¬
ment 26.2%.

The composition of national network advertising
changed little with regard to leading sponsor groups. In
1936, cosmetics with 19.1% of the total, led the field.
This group was followed by foodstuffs comprising 18.8%
of the total, miscellaneous 8.9%, drugs 8.4% and tobacco
products and accessories each with 7.9% of the total.
In 1935, the leading sponsor groups with their per cent
of the total were foodstuffs 20.9%, cosmetics 20.6%,
drugs 12.3%, accessories 8.6%, tobacco 7.1% and auto¬
motive advertising 6.9%.

REGIONAL NETWORK ADVERTISING

Regional network advertising was 23.1% ahead of the
1935 total. Many increases and decreases of importance
occurred. Beverage advertising increased 255.7%, finan¬
cial advertising 141.8% and the miscellaneous group
66.5%. Other increases were as follows: accessories
60.6%, cosmetics 57.4%, drugs 37.6%, foodstuffs 32.0%,
and soaps and kitchen supplies 20.5%. Automotive de¬
creased 13.5%, clothing 90.8%, confectionery 42.7%,
household equipment 34.9% and tobacco products 37.7%.
Foodstuffs, accessories, miscellaneous, beverage, drug and
tobacco advertising sponsor groups were the leaders in
total composition. In 1935, sales were heaviest in the
foodstuffs, tobacco, accessories, miscellaneous, household
equipment and drug sponsor groups.

NATIONAL NON-NETWORK
ADVERTISING

With but one exception, all sponsor groups experienced
increases in the national non-network field which was
41.5% ahead of the 1935 total. Confectionery volume
decreased 12.2%. The principal increases were in the
radio set group which rose 105.3%, tobacco products

93.7%, accessories 65.1% and miscellaneous 51.3%.
Other increases were as follows: amusements 137.2%,
automotive 48.1%, clothing 27.3%, drugs 29.2%, cos¬
metics 43.3%, foodstuffs 43.0%, beverages 8.9%, house¬
hold equipment 28.0%, soap and kitchen supplies 43.0%,
financial 16.8%, and department store advertising 34.1%.

Foodstuffs comprised the largest single class of national
non-network advertising, accounting for 20.8% of the
total for 1936. This group was followed in their order of
importance by the drug, miscellaneous, automotive, acces¬
sory and soap and kitchen supply groups. This was the
exact order of importance in 1935.

LOCAL BROADCAST ADVERTISING

Local broadcast advertising increased 16.0% over 1935.
Principal increases were in the automotive, foodstuffs,
financial and miscellaneous groups. Increases over 1935
were as follows: automotive 46.5%, clothing 11.1%, food¬
stuffs 22.4%, beverages 18.1%, household equipment
8.3%, soap and kitchen supplies 6.1%, financial 35.5%,
radio set 20.5%, department store 13.3%, tobacco prod¬
ucts 8.9%, and miscellaneous 28.3%. Amusements de¬
clined 5.1%, accessories 6.3%, drugs 21.6%, cosmetics
12.6% and confectionery 34.2%.

The miscellaneous, clothing, foodstuffs, household
equipment, department store and automotive groups were
the largest users of local broadcast advertising during
1936. For 1935 this order was miscellaneous, clothing,
foodstuffs, household equipment, automotive and beverage
advertising.

RETAIL BROADCAST ADVERTISING

Retail broadcast advertising over individual stations
during 1936 was 15.6% greater than during 1935. The

TABLE VII

RETAIL BROADCAST ADVERTISING OVER
INDIVIDUAL STATIONS

Gross Time Sales

Type of Sponsoring Business

1935

1936

Automobiles and accessories:

Automobile agencies and used

dealers .

$991,595

9.3%

$1,422,050

11.5%

Gasoline stations, garages, etc.

638,195

6.0%

472,760

3.8%

Clothing and apparel shops .

2,810,962

26.4%

3,257,360

26.5%

Drugs and toilet goods:

Drug stores .

245,428

2.3%

198,245

1.6%

Beauty parlors .

108,393

1.0%

102,240

• 8%

Food products:

Grocery stores, meat markets,

etc .

587,265

5.5%

667,550

5.4%

Restaurants and eating places.

245,506

2.3%

258,150

2.1%

Beverage retailers .

42,739

.4%

31,960

• 3%

Confectionery stores, etc .

26,459

•3%

30,980

■ 3%

Household goods:

Household equipment retailers

652,914

6.1%

747,210

6.1%

Furniture stores .

1,045,802

9.9%

1,238,490

10.1%

Hardware stores .

220,838

2.0%

214,550

1.8%

Radio retailers .

172,219

1.6%

212,570

1-7%

Department and general stores . .

1,768,990

16.6%

2,029,461

16.5%

Tobacco shops .

8,702

.1%

3,090

Miscellaneous .

1,074,192

10.2%

1,416,290

11.5%

Total .

$10,640,199

100.0%

$12,302,956

100.0%

1924

greatest increase was registered in the automobile agencies
group which rose 43.4% over the 1935 level. Radio re¬
tailers increased 23.4%, furniture stores advanced 18.4%
and confectionery stores rose 17.1%. Other increases
were as follows: miscellaneous 31.8%, clothing stores
15.9%, department stores 14.7%, household equipment
dealers 14.4%, grocery stores 13.6%, and restaurants
5.1%. Gasoline station advertising declined 25.9%, drug
stores 19.2%, beauty parlors 5.6%, beverage retailers
25.2%, hardware stores 2.8%, and tobacco shops 64.4%.

Broadcast advertising by retail establishments of vari¬
ous types for the year is set forth in Table VII.

BROADCAST ADVERTISING IN
DECEMBER

HIGHLIGHTS OF THE MONTH

Broadcast advertising during December amounted to
$11,119,557, a decline of 2.6% as compared to the pre¬
ceding month but a gain of 28.0% as compared to
December 1935. National network volume stayed at
approximately the same level, local advertising increased
4.4% while regional network and national non-network
business experienced declines. All portions of the medium
except the regional networks enjoyed increases in business
when compared to last December.

Non-network advertising declined 6.1% from the level
of the previous month but was 33.7% ahead of the cor¬
responding month of last year. Local station volume
alone showed an increase over November. All sections
of the country showed a slight decline in volume of non¬
network advertising. However, all classes of stations and
geographical districts were still well ahead of the level of
the corresponding month of last year.

Records were the only type of rendition to show an
increase in the non-network field. Announcements de¬
clined 10.9%, transcriptions 8.8% and live talent 2.5%.
Total transcriptions showed the greatest increase when
compared to last December, rising 49.3%. In the local
field, transcriptions gained 23.7% over November, other
types of rendition showing smaller gains. Record volume
alone showed an increase in the national non-network field.

The following principal increases over November were
shown in the sponsor groups: national network drugs and
pharmaceuticals, confectionery, financial and radio set
advertising; national non-network financial advertising;
regional network clothing, drug, foodstuffs and beverage
advertising; and local drug, confectionery, and tobacco
advertising. National network automotive and financial
advertising, regional network drug and accessory adver¬
tising; national non-network accessory and tobacco ad¬

vertising and local drug and foodstuffs advertising showed
the principal gains over the corresponding month of last
year. Retail advertising amounted to $1,410,480, an in¬
crease of 8.7% over November and a gain of 23.3% over
December 1935.

TOTAL BROADCAST ADVERTISING

Total broadcast advertising for the month of December
is found in Table I.

TABLE I

TOTAL BROADCAST ADVERTISING

1936 Gross Time Sales

Cumulative

i Class of Business November December Jan.-Dee.
National networks .. . $6,149,818 $6,185,441 1$59, 671, 244

Regional networks. . . 122,725 99,416 1,367,812

National non-network 2,873,200 2,461,200 24,141,360

Local . 2,273,400 2,373,500 22,370,470

Total . $11,419,143 $11,119,557 $107,550,886

1 Yearly Adjusted P.I.B. Totals.

Total broadcast advertising declined 2.6% from the
previous month’s level. National network volume showed
a slight increase of less than 1.0% while local advertising
rose 4.4%. Regional network volume experienced the
greatest decrease, declining 18.9%. National non-network
business decreased 14.3% compared to November.

Only regional network volume showed a decrease when
compared to December of last year, declining 21.8%.
National network volume increased 25.1%, national non¬
network business 44.1% and local advertising 24.4%.
Total broadcast advertising increased 28.0% over the
corresponding month of last year.

COMPARISON WITH OTHER MEDIA

Advertising volume by major media during the month
of December is found in Table II.

TABLE II

ADVERTISING BY MAJOR MEDIA

1936 Gross Time and Space Sales

Cumulative

Advertising Medium November December Jan. -Dec.

Radiobroadcasting... $11,419,143 $11,119,557 $107,550,886
National magazines 1 . 14,781,528 12,264,808 143,790,669

National farm papers 1 607,976 631,615 7,013,154

Newspapers2 . 53,362,000 52,867,000 568,593,000

Total . $80,170,647 $76,882,980 $826,947,709

1 Publishers Information Bureau.

2 Estimated.

National magazine volume decreased 17.0%, a usual
seasonal decline. Newspaper advertising during Decem¬
ber experienced less than the usual seasonal decline, drop¬
ping less than 1.0%. National farm papers registered a
gain of 3.8%.

1925

Compared to December 1935, national magazine vol¬
ume rose 26.7%, national farm paper advertising 39.4%
and newspaper lineage 7.5%.

NON-NETWORK ADVERTISING

Total non-network advertising declined 6.1% as com¬
pared to November but registered a gain of 33.7% over
December of last year. The only increase over Novem¬
ber was experienced by the local station group which rose
5.7%. Non-network advertising over clear channel and
high-powered regional stations declined 9.4% and the
volume of the regional station group dropped 6.3%.

All classes of stations showed marked increases over the
corresponding month of last year. Clear channel station
volume rose 17.8%, regional station business 46.7 % and
local station business 50.4%.

Non-network advertising by power of station is found
in Table III.

TABLE III

NON-NETWORK ADVERTISING BY POWER
OF STATION

1936 Gross Time Sales

Cumulative

Power of Station November December Jan.-Dee.

Over 1,000 watts . $2,191,200 $1,983,600 $19,617,140

250-1,000 watts . 2,266,400 2,122,500 19,713,950

100 watts . 689,000 728,600 7,180,740

Total . $5,146,600 $4,834,700 $46,511,830

Non-network advertising experienced a general decline
in volume in all sections of the country during December.
Advertising in the New England-Middle Atlantic Area
declined 8.2%, South Atlantic-South Central Area 5.9%,
North Central Area 1.3% and the Pacific and Mountain
Area 12.6%. However, when compared to the corre¬
sponding month of the preceding year, all sections of the
country showed increases. The gain in the New England-
Middle Atlantic Area was 66.1%, the South Atlantic-
South Central Area 27.9%, North Central Area 30.5%
and the Pacific and Mountain Area 11.2%. Non-network
advertising by geographical districts is found in Table IV.

TABLE IV

NON-NETWORK BROADCAST ADVERTISING
BY GEOGRAPHICAL DISTRICTS

1936 Gross Time Sales

Cumulative

Geographical District November December Jan.-Dee.
New England-Middle At¬
lantic Area . $1,385,400 $1,270,900 $10,799,850

South Atlantic-South

Central Area . 973,900 915,500 9,214,070

North Central Area . 1,879,000 1,854,900 18,073,230

Pacific and Mountain

Area . 908,300 793,400 8,424,680

Total . $5,146,600 $4,834,700 $46,511,830

NON-NETWORK ADVERTISING BY TYPE
OF RENDITION

Record volume alone showed an increase over the level
of the previous month, rising 12.7%. Announcement vol¬
ume declined 10.9%, transcription business 8.8% and live
talent business 2.5%. Transcriptions showed the great¬
est increase when compared to last December, rising
49.3%. Live talent business increased 25.8% over last
December, records 17.5%, and announcements 38.4%.

In the national non-network field, transcription volume
declined 16.2%, live talent business 5.5% and announce¬
ment volume 30.5%. Record business rose 26.9%. Com¬
pared to the corresponding month of last year, transcrip¬
tions rose 52.2%, live talent business 33.1%, records
42.1% and announcements 64.8%.

Transcriptions led the other types of rendition in the
local field. Local transcription volume increased 23.7 %
over the level of November and 41.2% over the corre¬
sponding month of last year. Live talent business re¬
mained at approximately the same level as last month but
was 19.3% ahead of last December. Records and an¬
nouncements increased 10.6% and 3.8% over November,
respectively, and 14.2% and 28.1%, respectively, over last
December.

Non-network advertising by type of rendition is set
forth in Table V.

TABLE V

NON-NETWORK BROADCAST ADVERTISING BY TYPE OF RENDITION

1936 Gross Time Sales

National Non-network Local Total Cumulative

Type of Rendition November December November December November December Jan.-Dee.

Electrical transcriptions . $1,043,890 $874,800 $235,260 $291,120 $1,279,150 $1,165,920 $11,469,920

Live talent programs . 1,236,490 1,168,200 1,181,730 1,187,890 2,418,220 2,356,090 22,321,660

Records . 11,340 14,400 78,060 86,410 89,400 100,810 931,910

Announcements . 581,480 403,800 778,350 808,080 1,359,830 1,211,880 11,788,340

Total . $2,873,200 $2,461,200 $2,273,400 $2,373,500 $5,146,600 $4,834,700 $46,511,830

SPONSOR TRENDS IN DECEMBER

Drugs and pharmaceuticals, confectionery, financial and
radio set advertising showed the principal gains over last
month among the various sponsor groups in the national

network field. The accessory, clothing and household
equipment groups experienced decreases. All groups ex¬
cept accessory and household equipment advertising
showed gains when compared to last December. Auto-

1926

motive, confectionery, financial and radio set advertising
showed the principal gains.

With the exception of clothing, drug, foodstuffs, and
beverage advertising, all groups declined in the regional
field as compared to November. The accessory, drug,
beverage, and financial groups increased materially over
last December.

Financial advertising experienced the only marked in¬
crease in the national non-network field when compared
to November while the amusement, automotive, and

household equipment groups showed the most marked
declines. All groups except automotive showed gains as
against the corresponding month of last year.

Gains were general in the local field when compared
to last month, drug, confectionery, and tobacco groups
showing the greatest gains. The automotive, drug, food¬
stuffs, and department store groups increased materially
over last December.

Broadcast advertising during December by the type of
sponsoring business is found in Table VI.

TABLE VI

RADIO BROADCAST ADVERTISING BY TYPE OF SPONSORING BUSINESS
* (DECEMBER 1936)

Gross Time Sales

Type of Sponsoring Business

National

Networks

Regional

Networks

National

Non-network

Local

Total

la. Amusements .

—

—

$6,340

$38,330

$44,670

1-2. Automobiles and accessories:

(1) Automobiles .

$577,330

$950

138,330

112,100

828,710

(2) Accessories, gas and oils .

367,112

20,520

196,940

73,190

657,762

3. Clothing and apparel .

38,937

1,267

51,630

388,790

480,624

4-5. Drugs and toilet goods:

(4) Drugs and pharmaceuticals .

576,500

12,653

535,240

89,170

1,213,563

(5) Toilet goods .

1,175,490

4,860

148,730

12,150

1,341,230

6-8. Food products:

(6) Foodstuffs .

1,224,304

28,323

571,880

317,490

2,141,997

(7) Beverages .

416,061

8,965

80,490

111,490

617,006

(8) Confections .

180,520

1,914

47,930

10,130

240 , 494

9-10. Household goods:

(9) Household equipment and furnishings. . .

30,944

2,938

53,740

215,990

303,612

(10) Soap and kitchen supplies .

493,222

960

108,060

7,280

609,522

11. Insurance and financial .

84,872

1,872

17,580

99,690

204,014

12. Radios .

181,017

—

31,780

35,780

248,577

13. Retail establishments .

—

1,536

22,160

225,830

249,526

14. Tobacco products .

403,628

6,440

132,830

7,690

550,588

15. Miscellaneous .

435,504

6,218

317,540

628,400

1,387,662

Total .

$6,185,441

$99,416

$2,461,200

$2,373,500

$11,119,557

Detailed information regarding various sponsor groups
during the month of December is as follows:

la. Amusements. National non-network volume
down 55.1% and local advertising up 20.7% as compared
to November. Compared to last December, national non¬
network increased 188.1% and local advertising 33.5%.

1. Automotive. National network volume same as
last month. Regional network volume amounted to $950.
National non-network and local business declined 55.6%
and 28.7%, respectively. National network volume
51.6% above December 1935. National non-network
down 11.5% and local up 49.3%.

2. Accessories and gasoline. Compared to Novem¬
ber, declines as follows: national network 18.8%, regional
networks 45.6%, national non-network 30.2%, and local
6.5%. Regional network volume increased 56.3% as
compared to the corresponding month of last year. Na¬
tional networks declined 12.8%. National non-network
business rose 85.6% and local volume remained the same.

3. Clothing. National networks declined 30.2% as
compared to last month. Regional business tripled, while

national non-network and local business rose 4.8% and
11.0%, respectively. National network advertising 1.8%
above corresponding month of last year. National non¬
network business up 23.1% and local 19.4%. Regional
business declined 41.7%.

4. Drugs and pharmaceuticals. Gains over Novem¬
ber as follows: national network 23.7%, regional network
twofold, national non-network 3.1%, and local 38.7%.
Gains compared to last December as follows: national
network 9.1%, regional network fourfold, national non¬
network 18.8%, and local advertising 61.8%.

5. Toilet goods. National network volume up 1.1%.
Regional network business down 38.2%, national non¬
network 3.2% and local advertising 27.1% compared to
November. As against December of the preceding year
national network volume increased 21.0% and national
non-network business 72.3%. Regional networks dropped
56.3% and local advertising 64.9%.

6. Foodstuffs. Compared to last month, national net¬
works increased 2.2%, regional networks 38.0%, national
non-network 2.1% and local business remained the same.

1927

National network volume increased 27.6% as compared
to last December. Regional networks declined 16.3%
while national non-network and local business rose 55.4%
and 51.4%, respectively.

7. Beverages. National network volume 3.2% above
November. Regional volume up 30.5% and local 6.7%.
National non-network down 10.2%. Compared to last
December, national networks rose 29.5%, regional net¬
works 49.0% and national non-network 41.8%. Local
advertising declined 6.7%.

8. Confectionery. National network advertising
47.0% ahead of November. Regional networks down
12.3% and national non-network down 4.0%. Local
advertising increased 50.7%. Compared to last Decem¬
ber, national networks rose 48.3%, national non-network
9.3% and local 13.3%. Regional network advertising
declined materially.

9. Household equipment. Compared to last month,
national networks declined 25.1%, regional networks
14.7% and national non-network 36.9%. Local advertis¬
ing increased 1.9%. National networks declined 9.8%
from last December. National non-network and local
business increased 26.2% and 17.2%, respectively. Re¬
gional network business dropped 47.4%.

10. Soaps and kitchen supplies. National network
and local advertising 2.4% and 1.1%, respectively, ahead
of last month. National non-network advertising declined
31.3% and regional network business materially. Com¬
pared to the corresponding month of last year, national
networks and national non-network business doubled.
Local business declined 38.3%.

11. Financial and insurance. Compared to last
month, national network volume increased 20.6%, na¬
tional non-network business 56.4%, and local business
12.8%. Regional network business declined 11.4%. In¬
creases over last December as follows: national network
84.7%, regional network 50.4%, national non-network
68.7%, and local 30.1%.

12. Radios. National network volume 46.9% ahead
of November. National non-network down 35.5%, local
up 8.3%. Gains compared to last December as follows:
national networks 42.5%, national non-network 21.1%,
and local 27.7%.

13. Department and general stores. Regional net¬
work advertising 63.7% below last month. National non¬
network increased 5.1% and local 13.6%. Compared to
last December, national non-network increased 24.5%
and local advertising 46.3%.

14. Tobacco products. Compared to last month, na¬
tional networks rose 3.2%, national non-network 7.3%

and local 33.2%. Regional networks declined 34.3%.
National networks 7.2% ahead of last December and
national non-network more than tripled. Regional net¬
works and local advertising declined 38.9% and 12.6%,
respectively.

15. Miscellaneous. Local advertising 4.3% ahead of
November. National networks declined 20.9%, regional
networks 53.4%, and national non-network advertising
19.7%. Compared to last December, national network
volume increased 18.6%, national non-network 45.5%
and local advertising 22.5%. Regional network advertis¬
ing declined 56.3%.

RETAIL BROADCAST ADVERTISING

Retail broadcast advertising over individual stations
increased 8.7 % over last month contrary to the usual
seasonal decline. Principal gains as compared to No¬
vember as follows: restaurants 22.6%, confectionery
stores 101.6%, radio retailers 16.8%, miscellaneous
50.4%, and department stores 12.8%. Principal declines
during the month were beauty parlors, 34.5%, automobile
agencies, 22.8%, gasoline stations, 29.9%, and beverage
retailers 25.0%.

Retail broadcast advertising for December was 23.3%
ahead of the same month of last year. Principal gains
were as follows: automobile agencies 44.8%, restaurants
32.9%, furniture stores 31.5%, hardware stores 74.5%,
radio retailers 57.8%, and department stores 44.1%. Re¬
tail broadcast advertising during the month is found in
Table VII.

TABLE VII

RETAIL BROADCAST ADVERTISING OVER
INDIVIDUAL STATIONS

Type of Sponsoring Business
Automobiles and accessories:

Automobiles agencies and used car

dealers .

Gasoline stations, garages, etc .

Clothing and apparel shops .

Drugs and toilet goods:

Drug stores .

Beauty parlors .

Food products:

Grocery stores, meat markets, etc. . .

Restaurants and eating places .

Beverage retailers .

Confectionery stores . .

Household goods:

Household equipment dealers .

Furniture stores .

Hardware stores .

Radio retailers .

Department and general stores .

Tobacco shops .

Miscellaneous .

Total .

1936 Gross Time Sales
November December

$147,310 $113,730

40,780 28,570

378,370 426,290

18.420 20,790

9,100 5,960

42.420 46,960

24,720 30,310

3,480 2,610

1,230 2,480

77,510 59,880

129,360 141,680

22,480 19,780

30,910 36,110

219,790 247,990

151,140 227,340

$1,297,020 $1,410,480

1928

The National Association of Broadcasters

NATIONAL PRESS BUILDING ..... WASHINGTON, D. C.

JAMES W. BALDWIN, Managing Director

NAB REPORTS * * *

Copyright. 1937. The National Association ot Broadcaster!

Vol. 5 - - No. 7
FEB. 11, 1937

WASHINGTON RADIO HIGHLIGHTS

No hearing dates have yet been announced at the Cap¬
itol for either the Connery resolution to investigate cer¬
tain phases of broadcasting or the Cellar bill for a govern¬
ment owned Pan-American broadcasting station; Two
new radio bills introduced in Congress, one dealing with
liquor advertising through broadcasting and the other
an amendment to the Communications Act; FCC grants
two new stations, one to a newspaper publisher; FCC says
flood emergency over for broadcasters.

LIQUOR ADVERTISING BY RADIO

Senator Capper of Kansas has introduced a bill in the
Senate (S. 1369) “to prohibit the transportation in inter¬
state commerce of advertisments of alcoholic beverages.”
It has been referred to the Senate Committee on Interstate
Commerce.

The only section of the bill referring to broadcasting is
section 4 which reads as follows:

“It shall be unlawful to broadcast by means of any
radio station for which a license is required by any law
of the United States, or for any person operating any
such station, to permit the broadcasting of any adver¬
tisement of alcoholic beverages or the solicitation of an
order for alcoholic beverages.”

UNEMPLOYMENT INSURANCE— NEW
YORK

The Director of Unemployment Insurance for New
York has issued an important ruling concerning artists
and radio performers. The following text is taken from
Prentice-Hall :

(29,559) Artists and radio performers as independent
contractors. Unless the facts in a particular case indicate
otherwise, instrumentalists, vocalists, actors, commedians,
and other artistic talent engaged by advertising agencies
or others for specific radio performances, where the spon¬
sor or advertising agency does not have actual or con¬
structive control over the method of the performance of
the work of such persons would be considered “Independ¬
ent persons” rather than employees under the New York
State Unemployment Insurance Law. (U. I. D. Letter
1/27/37.)

TWO NEW BROADCASTING STATIONS

During the current week the Federal Communications
Commission has granted a construction permit for a new
broadcasting station to Harold F. Gross and Edmund C.
Shields at Saginaw, Mich., to use 950 kilocycles, 500
watts power and daytime operation.

A grant for a station permit was also made to the News
Press Publishing Company, Santa Barbara, Cal., to use
1220 kilocycles, 500 watts unlimited time on the air.

WALSH RADIO BILL

A bill (S. 1353) has been introduced in the Upper
House by Senator Walsh of Massachusetts to amend the
Communications Act of 1934 in connection with the
actual operation of a broadcasting station. The bill has
been referred to the Senate Committee on Interstate
Commerce and will be found on page 1937 of this issue.

COLONIAL POULTRY FARMS AND PER
INQUIRY ACCOUNTS

The Colonial Poultry Farms are seeking to obtain
radio time on a per-inquiry basis. In one of their letters
they state: “We pay 25 cents each for inquiries, paying
weekly or anyway that suits the station. Some of the
stations have us sign a contract, at regular rate card rate,
but attach a letter with same in which they guarantee in¬
quiries will not cost over 25 cents and in case they come to
less than 25 cents, at rate card rate, we are to pay 25 cents.
We are now on eight stations and two of them are 5,000
watt stations. We have been using some of them for
years and it has always paid out for the stations.”

IN THIS ISSUE

Page

Washington Radio Highlights . 1929

Liquor Advertising by Radio . 1929

Unemployment Insurance — New York . 1929

Two New Broadcasting Stations . 1929

Walsh Radio Bill . 1929

Colonial Poultry Farms and Per Inquiry Accounts . 1929

Loucks Retained As Special Counsel . 1930

Radio Daily . 1930

Radio Flood Emergency Over . 1930

Recommends Against New California Station . 1930

Power Increase Recommended for WAAB . 1930

Grant for Kentucky Station Recommended . 1931

Recommends New Massachusetts Station . 1931

Federal Trade Commission Action . 1931

FTC Cases Closed . 1932

Federal Communications Commission Action . 1933

Walsh Radio Operators Bill . 1937

1929

What are you, as a member, doing to ferret out that
small minority who indulge in practices that are respon¬
sible for spoiling all the apples in the barrel?

LOUCKS RETAINED AS SPECIAL
COUNSEL

The Managing Director, with the approval of the Ex¬
ecutive Committee, this week retained Philip G. Loucks
of Loucks & Sharfeld, as special counsel to represent the
NAB with respect to certain matters growing out of the
suit instituted by the United States Government against
the American Society of Composers, Authors and Pub¬
lishers. Specifically this representation involves only
those matters which are directly connected with the efforts
of the interested parties to stipulate, as far as possible, the
facts in the suit.

This case has been pending in the United States Dis¬
trict Court for the Southern District of New York since
August 30, 1934. The case was called for trial on June
10, 1934, and after proceeding for about one week was
recessed with the understanding that interested parties
would endeavor to stipulate the facts.

RADIO DAILY

The Radio Daily, the radio and television’s first own
newspaper, made its initial appearance as a nationally
circulated trade journal on Tuesday, February 9th. Edi¬
torial and business offices are located in the Paramount
Building, New York City.

In thus pioneering, the Radio Daily parallels the record
of its affiliate, the Film Daily, now in its nineteenth year.

Jack Alicoate, editor and publisher of Film Daily, is
is also publisher of the new newspaper which will be pub¬
lished daily except Saturdays, Sundays and holidays.
Bureaus will be maintained, it is said, in Washington,
Los Angeles, Chicago and European capitals, while staff
correspondents will be stationed in principal American
cities.

RADIO FLOOD EMERGENCY OVER

In view of the improvement in conditions with ref¬
erence to the flooded areas and the need for emergency
communications, the special 24-hour watch being main¬
tained at the Federal Communications Commission to
handle requests for emergency communications has been
discontinued. However, the special communication
equipment will be retained for immediate use until after
the flood has passed into the Gulf of Mexico.

The Commission is sending two Assistant Chief En¬
gineers, namely, A. D. Ring and A. W. Cruse, into the
recently flooded areas for the purpose of ascertaining
first-hand knowledge of what lessons have been learned
during the recent emergency which would be of benefit
to the Commission in coordination of effort in the event
of future emergency.

While it has been evident that the various Communi¬
cations agencies in the country have functioned admirably
under adverse conditions, it is believed that this recent
experience may offer some basis for improved coordina¬
tion of effort in the future, and the Commission feels that
it is its duty to cooperate with other government depart¬
ments as well as private agencies in effecting a compre¬
hensive plan for the future, based upon practical experi¬
ence.

The objective of the Commission is to be fully prepared
for future emergencies. To this end the Commission is
planning a permanent organization which can go into
instant action whenever emergencies arise in any part
of the country.

The Commission has also cancelled its order of January
26, which directed that no transmissions except those
relating to relief work or to other emergencies be made
within any of the authorized amateur bands below
4000 kilocycles.

In resuming normal operation, amateurs should make
certain .before going on the air that routine communica¬
tions do not interfere with any messages which might still
be handled in connection with the emergency flood situ¬
ation.

The Commission expressed its appreciation for the
splendid cooperation and excellent work of all stations
and operators during the emergency.

RECOMMENDS AGAINST NEW
CALIFORNIA STATION

George Harm filed an application with the Federal
Communications Commission asking for a construction
permit for the erection of a new broadcasting station at
Fresno, Cal., to use 1310 kilocycles, 100 watts power and
unlimited time on the air.

Examiner R. H. Hyde in Report No. 1-352 recom¬
mended that the application be denied. The Examiner
did not find that there is need for additional broadcast
service in the area proposed to be served and he states
that “no facts were presented to indicate that Station
KMJ has not or cannot adequately supply the needs of
the area proposed to be served.”

POWER INCREASE RECOMMENDED FOR
WAAB

Broadcasting station WAAB, Boston, Mass., operating
on 1410 kilocycles, full time with 500 watts applied to
the Federal Communications Commission to increase its
power to 1,000 watts in the daytime.

Examiner Robert L. Irwin in Report No. 1-355 recom¬
mended that the application be granted. He found that
there is a need for such additional daytime service in
the area proposed to be served as may be effected by the
proposed modification. The Examiner states also that

1930

“the granting of this application would not cause any
objectionable interference to the fair and efficient service
of any other licensed station or stations.”

GRANT FOR KENTUCKY STATION
RECOMMENDED

The Owensboro Broadcasting Company applied to the
Federal Communications Commission for a construction
permit for the erection of a new broadcasting station at
Owensboro, Ky., to use 1500 kilocycles, 100 watts and
unlimited time on the air.

Examiner R. H. Hyde in Report No. 1-354 recom¬
mended that the application be granted. He found that
there is a need for a local service in the area proposed to
be served and the operation of the proposed station would
“not cause any substantial interference to the fair and
efficient service of any other station or stations.”

RECOMMENDS NEW MASSACHUSETTS
STATION

Hildreth & Rogers Company filed an application with
the Federal Communications Commission asking for a
construction permit for the erection of a new broadcasting
station at Lawrence, Mass., to use 680 kilocycles, 1,000
watts power and daytime operation. Also the Old Colony
Broadcasting Corporation, asked for a construction per¬
mit for a new station at Brockton, Mass., to use the same
frequency and time; with 250 watts power.

Examiner Ralph L. Walker in Report No. 1-353 recom¬
mended that the application of Hildreth & Rogers Com¬
pany be granted but that of the Old Colony Broad¬
casting Corporation be denied. The Examiner states that
it is impossible to grant both applications. The proposed
Lawrence station, he states would not cause any objection¬
able interference but as to whether the Brockton station
would cause interference “the record affords no basis for
a conclusion.” The Examiner says further that “the
city of Lawrence is without consistently satisfactory day¬
time service from existing stations, whereas several sta¬
tions afford a signal of sufficient strength to render satis¬
factory service to residential sections of Brockton outside
of the areas of unusually high noise level. As between the
two cities, the greater need for daytime service is in
Lawrence.”

FEDERAL TRADE COMMISSION ACTION
Complaints

The Federal Trade Commission has alleged unfair com¬
petition in complaints 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.

No. 3044. Charging unfair competition in the sale of rotary
clocks and other merchandise, a complaint has been issued against

Joseph H. and S. J. Robinson, 318 West Washington St., Chi¬
cago, trading as J. Arthur Warren Co.

The respondents are alleged to conduct lotteries or place in the
hands of others the means of conducting lotteries in the sale of
merchandise through a pushcard method in which chances are sold
to persons selecting feminine names on a pushcard.

According to the complaint, there are 32 such names and 32
mixed numbers on the card. Persons drawing numbers under 29
pay what the respective numbers call for and those receiving num¬
bers over 29 pay 29 cents. When a card is completely sold, two
large seals at the top of the card are opened and the persons who
selected names corresponding with those under the seals receive
rotary clocks.

No. 3045. Melster Candy Co., Cambridge, Wis., is charged
in a complaint with selling candy so packed and assembled that
sales to ultimate purchasers are made by means of a lottery in¬
volving use of push cards, in violation of Section 5 of the Federal
Trade Commission Act.

No. 3046. A complaint has been issued against Milko Cone &
Raking Co., Inc., 431 North Lincoln St., Chicago, charged with
selling ice cream cones so packed and assembled as to involve the
use of a lottery scheme when sales are made to ultimate purchasers.

The respondent corporation allegedly places in the cones it manu¬
factures small strips of paper bearing various legends, a few of
which inform ultimate purchasers that they will receive a package
of gum free. The slips are said to be so placed in the cones that a
purchaser cannot ascertain whether or not he is entitled to receive
a free package of gum until the cone has been partially consumed.

No. 3047. Selected Kentucky Distillers, Inc., 305 West
Broadway, Louisville, Ivy., is charged in complaint with falsely
representing, through use of the word “Distillers” in its corporate
name, on labels, or otherwise, that it manufactures through the
process of distillation the alcoholic beverages it sells in interstate
commerce. According to the complaint, the respondent corpora¬
tion is a wholesaler of liquors.

No. 3048. Misrepresentation of the therapeutic value of “Pedo-
dyne,” advertised and sold as a bunion treatment, is charged in a
complaint issued against Fedodyne Company, Inc., 180 North
Wacker Drive, Chicago, and its officers, George J., Rose M. and
Robert L. Katz.

False representations allegedly made in the respondents’ adver¬
tising matter are to the effect that “Pedodyne” will banish, cure
and heal bunions, will stop pain and reduce swelling and inflamma¬
tion caused by bunions, and will give perfect foot comfort and
permanent results.

The respondents are alleged to have falsely disparaged the prod¬
ucts of competitors by advertising that “Pedodyne” is superior to
other bunion treatments and that competing products are of no
value.

No. 3049. Alleging unfair competition in the sale of leather
luggage, a complaint has been issued against Samuel Brier,
trading as Samuel Brier & Co., 310 Spruce St., Philadelphia,
and Quakertovvn Luggage Co., Iuc., Quakertown, Pa., con¬
trolled and managed by Brier.

Charging violation of Section 5 of the Federal Trade Commission
Act, the complaint alleges that certain designations used by the
respondent companies to describe luggage offered for sale tended
to mislead buyers into the belief that it was covered with the
outside or top layer of the hide when, in fact, the luggage so
designated was made from split leather which consists of the cut
or layer of the hide remaining after the top grain or surface layer
has been removed. Such split leather is of inferior quality and
durability to top grain leather and commands a lower price, the
complaint points out.

No. 3050. Unlawful trade practices involving use of unfair
methods of competition, exclusive dealing contracts and price
discrimination are alleged in a complaint issued against Christmas
Club, 341 Madison Ave., New York City, a corporation engaged
in the sale of passbooks, account books, advertising literature and
other paraphernalia for use by banks and trust companies in con¬
ducting Christmas Clubs and other savings systems.

The respondent corporation’s practices are said to constitute
violations of the Federal Trade Commission Act, the Clayton Act
and the Robinson-Patman Anti-Price Discrimination Act.

Under Section 5 of the Federal Trade Commission Act, the
respondent corporation is charged with representing, in connection
with the sale of its systems, that it is the sole owner of and has
exclusive right to use of the phrase “Christmas Club,” that such
phrase is trade-marked by it, and that no one without its consent
or license has the right to use the name “Christmas Club.” Ac¬
cording to the complaint, these representations are false in that

1931

the phrase “Christmas Club” is not owned solely by the respondent
corporation, is not trade-marked, and may be used without its
consent, permission or license.

Stipulations and Orders
The Commission has issued the following cease and
desist orders and stipulations:

Nos. 2391-2419-2489. Three companies selling and distributing
alcoholic beverages have been ordered to discontinue representing
that they are distillers, when such is not a fact.

The orders to cease and desist are directed against Quality Dis¬
tillers, Inc., 824 South Flower St., Los Angeles; Charles B.
Trull, trading as West Coast Distilleries Co., 6S8 Howard St.,
San Francisco, and Mount Rose Distilling Co., 2192 East
State St., Trenton, N. J. These respondents are prohibited from
representing, through use of some form of the word “distilling” in
their corporate or trade names, on labels, or otherwise, that they
are distillers of whiskies, gins, and other spirituous beverages;
that they manufacture such products through the process of dis¬
tillation, or that they own or operate distilleries, unless or until
they do own or operate such places.

Nos. 2398-2453-2473. Paramount Distillers, Inc., 3088 West
106th St., Cleveland, and Hercules Products & Distilling Cor¬
poration, 52 Sand St., Brooklyn, have been ordered to cease
representing through use, respectively, of the words “Distillers”
and “Distilling” in their corporate names, on labels, or otherwise,
that they are distillers of the whiskies, gins or other spirituous
beverages they sell in interstate commerce; that they manufacture
such products through the process of distillation, or that they own
or operate distilleries, unless and until they do own or operate
such places.

The orders except from their provisions gins manufactured by
the respondent companies through a process of rectification whereby
alcohol, purchased but not produced by them, is redistilled over
juniper berries and other aromatics.

Under the third order, the Commission closed its case against
Edward A. and Samuel Katz, trading as Globe Distilling Co.,
522 West Garfield St., Glendale, Calif., who had been charged
with unfair competition through use of the word “Distilling” in
their trade name and in advertising matter.

No. 2496. Loft, Inc., 40th Ave. and 9th St., Long Island City,
N. ¥., large candy manufacturer, has been ordered to cease and
desist from falsely disparaging the candy products of its com¬
petitors. The case grew out of the advertising campaign and sales
program conducted by that company during 1934 and 1935.

The Commission’s order also is directed against Dr. Daniel R.
Hodgdon, New York City, who according to the findings, joined
with Loft, Inc., in conducting a campaign of false disparagement.
It was found that Dr. Hodgdon is not a doctor of medicine, but
that he delivered a series of lectures over the radio, which were
sponsored by Loft, Inc., and directed against glucose as a candy
or food ingredient.

No. 2539. Daniel R. Hodgdon and National Food Bureau,

Inc., both of 328 Greenwich St., New York City, have been
ordered to discontinue making false and misleading representa¬
tions and disparaging statements in advertising and promoting the
sale of peanut oil.

Engaged by a manufacturer of peanut oil to conduct a sales
promotional campaign, the respondents, according to the findings,
used the radio principally in advertising the product with Hodgdon
broadcasting the lectures and addresses.

The order directs the respondents to stop representing that
peanut oil or food products made therefrom are superior to or
easier to digest than corn oil or cottonseed oil or food made there¬
from, and that corn oil or cottonseed oil food products are cheap
commodities which are impure, unwholesome and unfit for human
consumption.

No. 2624. An order to cease and desist has been issued against
Carlo Van Myers, formerly of 818 Broadway, New York City,
requiring him to discontinue certain unfair methods of competi¬
tion in the sale of men’s ready-made clothing in interstate com¬
merce. Myers had been in business under the trade names North
American ClGthes Co., National Brand Clothes Co., Sartorial
Art Clothes Co., and Society Bond Clothes Co.

Selling his clothing in various states by means of salesmen, who,
according to findings, he obtained through “Salesmen Wanted”
advertisements without adequate investigation as to their fitness,
honesty, or reliability, the respondent is found to have made
various misrepresentations through such salesmen.

Among such representations prohibited in the order to cease and
desist, are the following: That the clothing sold is all wool, of fine
quality, made-to-measure or tailor-made, or will be of the same
material as samples exhibited, unless and until the latter condition
is a fact; that two garments are included in the price of one and
extra trousers are furnished without extra charge; that prices
quoted are special introductory prices or are other than the
regular prices, unless they are in fact lower than the regular prices
charged.

No. 2721. An order has been entered accepting a stipulation
in settlement of a complaint against R. M. Barnett, trading as
Home and School Education Society, Real Estate Trust Build¬
ing, Philadelphia, who had been charged with unfair competi¬
tion in the sale of an encyclopedia entitled “Source Book,” together
with a semi-annual loose leaf extension service and memberships in
a Perpetual Bureau of Research.

Barnett stipulated that he will desist from representing in ad¬
vertising matter or through salesmen that “Source Book” is given
free to persons who subscribe for the extension service ; that the
total cost of the book and service is less than the amount actually
required to be paid, and that the book has been approved and
used by schools and libraries in every state of the Union.

Under the stipulation, Barnett agreed to cease representing that
he maintains a research bureau which will give purchasers of
“Source Book” information on any question; that he maintains
educators, writers and photographers in every part of the world
to prepare a review of current events to be published as loose-leaf
extensions to such book; that he employs a competent staff to
whom are available the expert services of authorities in every
branch of education, and that the services of such staff and of the
editors of and contributors to “Source Book” are available to
purchasers of the book.

No. 2984. An order to cease and desist has been issued against
Israel Zelkind, 9-13 Winter St., Worcester, Mass., trading as
Lawrence Blanket Mills and engaged in the sale of blankets in
interstate commerce.

Zelkind is directed to discontinue use of the word “woolen” or
the words “all wool,” alone or in connection with other words, to
describe blankets not made of wool, and use of the words “wool”
or “woolen” to imply that the articles to which they refer are
composed of wool, when this is not a fact. The respondent also
is directed not to represent blankets as “fully shrunk,” when this
is not a fact.

FTC CASES CLOSED

No. 1927. The Federal Trade Commission has cancelled its
complaint, issued January 26, against L. H. and W. C. Hyde,
trading as Royal Film Studios; Royal Revues, Inc., and West
Coast Discount Corporation, Ltd., because these respondents
have signed a stipulation, which has been accepted by the Com¬
mission, agreeing to discontinue unfair methods of competition
in connection with the renting and leasing of motion picture films
for advertising purposes.

According to the stipulation, the respondents, who have their
place of business at 6644 Santa Monica Boulevard, Hollywood,
Calif., are engaged in the production of entertainment-advertising
films for display in motion picture theaters, such films consisting
of short acts with merchants’ advertisements displayed across the
lower part of the screen.

Among the representations which will be discontinued are the
following:

That the films will be equal in quality to and the same length
as samples shown, unless such are the facts; that the contracts
which customers sign can be cancelled after two months, unless
this privilege is granted as represented; that no other merchant
engaged in the same business as the customer will be placed on the
same film with him, unless this restriction is observed; that the
price paid by the customer for the film is the entire cost of the
service, unless he is informed that additional sums must be paid
to the local motion picture exhibitor, and that West Coast Dis¬
count Corporation, Ltd., is an innocent purchaser for value of the
promissory notes and securities given by subscribers to Royal Film
Studios or Royal Revues, Inc.

No. 2336. The Commission has closed its case against Electric
Paint & Varnisli Co., 8311 Franklin Ave., Cleveland, charged
with false and misleading representations in the sale of its products
in violation of Section 5 of the Federal Trade Commission Act.

The case was ordered closed without prejudice to the Commis¬
sion’s right to reopen it, should future circumstances warrant, and
to resume prosecution in accordance with its regular procedure and
upon the understanding that closing of this case is based on the
record and is not to be regarded as a precedent.

1932

No. 2571. The Commission has also entered an order closing
its case against American Safety Razor Corporation, 315 Jay
St., Brooklyn, which had been charged with discriminating in
price between different purchasers of its razor blades, in violation
of Section 2 of the Clayton Act. The alleged discrimination grew
out of the practice of allowing certain purchasers commissions or
other discounts because of advertising or promotion service
rendered.

No. 2818. The Commission has issued an order closing its case
against the Vogan Candy Corporation, 329 N. E. Eleventh Ave.,
Portland, Ore., which was charged with unfair competition in
the sale of candy.

Closing of the case was based on information that the respondent
company has not engaged in the manufacture and sale of candies
since August 19, 1936; that its physical assets have been dismantled
and sold, and that it appears likely the company will not resume
the violations of law alleged. The case was closed without preju¬
dice to the Commission’s right to reopen it should future circum¬
stances warrant.

No. 2927. An order has been entered by the Commission closing
its case against F. A. North Co., and others, 1306 Chestnut St.,
Philadelphia. The respondents had been charged with false and
misleading representations in connection with the sale of pianos.

The Commission reserved the right to reopen the case and resume
prosecution of the complaint in accordance with its regular pro¬
cedure if the facts should warrant.

FEDERAL COMMUNICATIONS COMMISSION
ACTION

HEARING CALENDAR

The following broadcast hearings are scheduled at the Com¬
mission for the week beginning Monday, February 15:

Monday, February 15

HEARING BEFORE AN EXAMINER
(Broadcast)

NEW — John S. Braun, Waco, Tex. — C. P., 1509 kc., 100 watts,
daytime.

NEW — The Louisville Times Co., Louisville, Ky. — C. P., 1210 kc.,
100 watts, unlimited time.

WMEX — The Northern Corporation, Boston, Mass. — C. P., 1470
kc., 5 KW, unlimited time.

FURTHER HEARING BEFORE AN EXAMINER

WCOP— Massachusetts Broadcasting Corp., Boston, Mass. — Modi¬
fication of license, 1130 kc., 500 watts, limited time until
LS at KSL, Salt Lake City.

Tuesday, February 16

HEARING BEFORE AN EXAMINER
(Broadcast)

NEW — Lillian E. Kiefer, Brooklyn, N. Y. — C. P., 1500 kc., 100
watts, 100 watts LS, specified hours (requests facilities of
WMBQ).

WWRL — Long Island Broadcasting Corp., Woodside, L. I., New
York, N. Y. — Modification of license, 1500 kc., 100 watts,
250 watts LS, specified hours (requests facilities of WMBQ).
Present assignment: 1500' ltc., 100 watts, 250 watts LS,
specified hours.

NEW — Paul J. Gollhofer, Brooklyn, N. Y. — C. P., 1500 kc., 100
watts, 100 watts LS, specified hours (requests facilities of
WMBQ).

WMBQ — Metropolitan Broadcasting Corp., Brooklyn, N. Y. — Re¬
newal of license, 1500 kc., 100 watts, 100 watts LS, specified
hours.

WMBQ — Metropolitan Broadcasting Corp., Brooklyn, N. Y. —
C. P., 1500 kc., 100 watts, 100 watts LS, specified hours.

Wednesday, February 17

HEARING BEFORE AN EXAMINER
(Broadcast)

NEW — Sharon Herald Broadcasting Co., Sharon, Pa. — C. P., 780
kc., 250 watts, daytime.

NEW — Allen T. Simmons, Mansfield, Ohio. — C. P., 780 kc., 1 KW,
daytime.

KLPM — John B. Cooley, Minot, N. Dak.— C. P., 1360 kc., 1 KW,
unlimited time.

NEW — Frazier Reams, Mansfield, Ohio. — C. P., 1370 kc., 100
watts, daytime.

Thursday, February 18

ORAL ARGUMENT BEFORE THE BROADCAST
DIVISION

Examiner’s Report No. 1-317 :

WHAT — Independence Broadcasting Co., Inc., Philadelphia, Pa. —
C. P., 1220 kc., 1 KW, unlimited time. Present assignment:
1310 kc., 100 watts.

Examiner’s Report No. 1-127 :

NEW — Bellingham Publishing Co., Bellingham, Wash. — C. P., 1420
kc., 100 watts, unlimited time.

Examiner’s Report No. 1-283:

NEW — Gomer Thomas, Bellingham, Wash. — C. P., 1420 kc., 100
watts, unlimited time.

Examiner’s Report No. 1-309:

KVOS — KVOS, Inc., Bellingham, Wash. — Renewal of license, 1200
kc., 100 watts, unlimited time.

KVOS — KVOS, Inc., Bellingham, Wash. — Transfer of control of
corporation; 1200 kc., 100 watts, unlimited time.

Friday, February 19

HEARING BEFORE AN EXAMINER
(Broadcast)

NEW — Okmulgee Broadcasting Corp., Okmulgee, Okla. — C. P.,
1210 kc., 100 watts, daytime.

NEW — Times Publishing Co., Okmulgee, Okla. — C. P., 1210 kc.,
100 watts, daytime.

NEW — The Record Publishing Co., Okmulgee, Okla. — C. P., 1210
kc., 100 watts, daytime.

NEW — Richard S. Gozzaldi, d/b as Oak Cliff-Dallas County
Broadcasting Co., Dallas, Tex. — C. P., 1500 kc., 100 watts,
daytime.

NEW— A. L. Chilton, Dallas, Tex.— C. P., 990 kc., 1 KW, day¬
time.

APPLICATIONS GRANTED

WGL — Westinghouse Radio Stations. Inc., Ft. Wayne, Ind. —
Granted amended C. P. to move transmitter and studio
sites locally, and install vertical radiator.

KOTN — Universal Broadcasting Corp., Pine Bluff, Ark. — Granted
C. P. approving transmitter and studio sites, and installation
of vertical radiator.

WCBA — B. Bryan Musselman, Allentown, Pa. — Granted license
to cover C. P. as modified; 1440 kc., 500 watts night and
day. sharing with WSAN.

WSAN — WSAN, Inc., Allentown, Pa. — Granted license to cover
C. P. as modified; 1440 kc., 500 watts night and day,
sharing with WCBA.

KFRU — KFRU, Inc., Columbia, Mo. — Granted license to cover
C. P.; 630 kc., 500 watts night, 1 KW day, share with
WGBF, simultaneous day WGBF.

KOCA — Oil Capital Broadcasting Assn., Kilgore, Tex. — Granted
license to cover C. P. as modified; 1210 kc., 100 watts, un¬
limited.

KWSC — State College of Washington, Pullman, Wash. — Granted
license to cover C. P.; 1220 kc., 1 KW night, 5 KW day,
sharing KTW.

KGLO — Mason City Globe Gazette Co., Mason City, Iowa. —
Granted license to cover C. P. as modified; 1210 kc., 100
watts, unlimited.

KWOS — Tribune Printing Co., Jefferson City, Mo. — Granted
license to cover C. P. as modified; 1310 kc., 100 watts,
daytime only.

KSO — -Iowa Broadcasting Co., Des Moines, Iowa. — Granted license
to cover C. P. as modified; 1430 kc., 500 watts night, lYz
KW day, unlimited.

KAWM — A. W. Mills, Gallup, N. Mex. — Granted modification of
C. P. approving transmitter and studio at 1100 E. Aztec Ave.

WJZ — National Broadcasting Co., Inc., New York City. — Granted
modification of license to reduce operating power of auxiliary
transmitter from 30 KW to 25 KW, and granted renewal of
license of auxiliary transmitter for the period 2-1-37 to
8-1-37.

1933

SPECIAL AUTHORIZATIONS

WMMN — Monongahela Valley Broadcasting Co., Fairmont, W. Va.
— Granted authority to determine operating power by direct
measurement of antenna input.

WAIR— C. G. Hill, Geo. D. Walker, Susan H. Walker, Winston-
Salem, N. C. — Granted modification of C. P. approving
transmitter site at N. Cherry St. Extension; change author¬
ized equipment, and installation of vertical radiator.

W7XBD — Oregonian Publishing Co., Portland, Ore. — Granted
modification of C. P. extending commencement date to
February IS and completion date to August IS. 1937.

W3XJ — McNary & Chambers, near College Park, Md. — Granted
license to cover C. P., frequency 1060 kc., A3 and special
emission, 100 watts, 12 midnight to 6 a. m.

W2XIN — Standard Cahill Co.. Inc., Mobile (New York City) —
Granted modification of license to change name to WBNX
Broadcasting Co., Inc.

NEW — National Broadcasting Co., Inc., New York City, Portable
Mobile. — Granted license for new experimental broadcast
station, frequencies 1614, 3492.5, 4797.5, 6425, 8655,
12862.5, 17310, 25700, 26000, 27100, 31100, 34600, 37600,
40600, 86000-400000 and 401000 kc., 25 watts.

SET FOR HEARING

NEW — Abraham Plotkin, Chicago, Ill. — Application for C. P. for
new station; 1570 kc., 1 KW, unlimited.

NEW — James R. Doss, Jr., Mobile, Ala. — C. P. for new station to
operate on 1500 kc., 100 watts, daytime only, exact trans¬
mitter site to be determined with Commission’s approval.

NEW — Staunton Broadcasting Co., Inc., Staunton, Va. — Applica¬
tion for C. P. amended to request 1500 kc., 2S0 watts, day¬
time only, exact location to be determined subject to Com¬
mission’s approval.

KIDO — Frank L. Hill and C. G. Phillips, d/b as Boise Broadcast
Station, Boise, Idaho. — Application for C. P. for changes in
equipment ; increase in power to S KW. To be heard before
the Broadcast Division.

WMBH — Joplin Broadcasting Co., Joplin, Mo.— Application for
C. P. amended to request move of transmitter and studio
sites locally; install new equipment and directional antenna
system for nighttime operation ; change frequency from
1420 kc. to 1380 kc., power from 100 watts night, 250
watts day, unlimited, to S00 watts, unlimited.

KGKO — Wichita Falls Broadcasting Co., Fort Worth, Tex. — Appli¬
cation for modification of C. P. approving transmitter loca¬
tion near Ft. Worth ; install new equipment and directional
antenna for nighttime use; increase night power from 250
watts to 1 KW, day power from 1 KW to 5 KW.

KJBS — Julius Brunton & Sons Co., San Francisco, Calif. — Applica¬
tion for modification of license to change frequency from
1070 kc. to 1080 kc.

KFEQ — K F E Q, Inc., St. Joseph, Mo. — Application for modi¬
fication of license to increase hours of operation from day¬
time only to unlimited. Present authority: 680 kc., V/z
KW daytime only. To be heard by the Broadcast Division.

WMFR — Radio Station WMFR, Inc., High Point, N. C. — Appli¬
cation for modification of license to increase hours of opera¬
tion from daytime to specified hours, 6 a. m. to 7:30 p. m.
Now operates on 1200 kc., 100 watts, daytime only.

WIOD-WMBF — Isle of Dreams Broadcasting Corp., Miami, Fla. —
Application for modification of license to change frequency
from 1300 kc. to 610 kc.

WKY — WKY Radiophone Co., Oklahoma City. Okla.— Applica¬
tion for modification of license to increase night power from
1 KW to 5 KW. To be heard before the Broadcast Divi¬
sion. (Now operates on 900 kc., 1 KW night, 5 KW day,
unlimited.)

KGFF — KGFF Broadcasting Co.. Inc., Shawnee, Okla. — Applica¬
tion for modification of license to change frequency from
1420 kc. to 1430 kc.; increase power from 100 watts night.
250 watts day, unlimited, to 250 watts, unlimited.

KHQ — Louis Wasmer, Inc., Spokane, Wash. — Application for mod¬
ification of license to increase night power from 1 KW to
5 KW. To be heard before the Broadcast Division.

KYOS — Merced Star Publishing Co., Inc., Merced, Calif. — Appli¬
cation for modification of license to change frequency from
1040 kc. to 1260 kc.; increase hours of operation to un¬
limited.

NEW — Earle Yates, Las Cruces, N. Mex. — Application for C. P.
amended to request 930 kc., 500 watts, daytime only;
exact transmitter site to be determined with Commission
approval.

WAAF — Drovers Journal Pub. Co., Chicago, Ill.— Granted special
temporary authorization to broadcast a special DX program
from 3 a. m. to 4 a. m., CST, February 21, 1937.

WCAT — South Dakota State School of Mines, Rapid City, S. Dak.
— Granted special temporary authorization to operate
from 8:45 to 10:15 p. m., CST, February 12, 22, 23 and
March 1, 1937, in order to broadcast basketball games.
WKOK — Sunbury Broadcasting Corp., Sunbury, Pa. — Granted ex¬
tension of special temporary authority to operate a 50-watt
portable test transmitter between the hours of 1 a. m. and
6 a. m., EST, for the period February 11 to February 25,
1937, in order to obtain suitable location for transmitter.
WDEV — Charles B. Adams, Administrator of estate of Harry G.
Whitehill, Waterbury, Vt. — Granted extension of special
temporary authority for Chas. E. Adams, Administrator of
the estate of Harry C. Whitehill to operate station WDEV
instead of Mary M. Whitehill (deceased) Executrix of the
estate of Plarrv C. Whitehill, pending receipt and/or action
of application for assignment of him as the duly authorized
administrator, but for the period beginning March 1 and
ending no later than September 1, 1937.

KGDY — Voice of South Dakota, Huron, S. Dak. — Granted special
temporary authority to remain silent for a period of 30
days conditionally, for the purpose of rebuilding transmitter
to comply with Rule 132.

KALB — Alexandria Broadcasting Co., Alexandria, La. — Granted
special temporary authority to operate from 6 to 7 p. m.,
CST, February 12 to 22, 1937, inclusive, in order to broad¬
cast programs in observance of National Defense Week.

KQV — KQV Broadcasting Co., Pittsburgh, Pa. — Granted special
temporary authority to operate simultaneously with station
WSMK from 12 midnight, February 11, to 2:30 a. m., Feb¬
ruary 12, 1937, in order to broadcast CBS Red Cross Flood
Relief Program.

WPG — City of Atlantic City, Atlantic City, N. J.— Granted spe¬
cial temporary authority to operate from 12 midnight to
2:30 a. m., EST, February 11, in order to carry benefit CBS,
NBC and Mutual network program on behalf of Red Cross
flood relief.

KEX — Oregonian Publishing Co., Portland, Ore. — Granted special
temporary authority to operate simultaneously with KOB
from 7:30 to 8 p. m., PST, Friday, February 12, in order
to broadcast Lincoln Day address by Chester Rowell, Editor
of the San Francisco Chronicle.

APPLICATIONS DISMISSED

The following applications, heretofore set for hearing were dis¬
missed at request of applicants:

NEW — Wise Broadcasting Co., St. Paul, Minn. — C. P., 630 kc.,
250 watts, unlimited (facilities of KGDE).

KSLM— Oregon Radio, Inc., Salem, Ore. — C. P., 1240 kc., 250
watts, unlimited.

NEW — Aberdeen News Co., Aberdeen. S. Dak. — C. P., 1390 kc.,
1 KW, unlimited.

APPLICATION DENIED

The following application, heretofore set for hearing, was
denied as in cases of default for failure to file an appearance and
statement of facts in accordance with Rule 104.6(c):

NEW — J. D. Keating, Harvey Wells, L. J. Keating, Joe M. Meyer,
and L. C. Keating, d/b as Vancouver Broadcasting Co.,
Vancouver, Wash.— C. P., 1500 kc., 100 watts, daytime.

RATIFICATIONS

The Broadcast Division ratified the following actions author¬
ized on the dates shown:

WOPI — R. H. Smith, Bristol, Tenn. — Granted authority to use
250 watts output on 1500 kc. for handling emergency com¬
munications only.

KLCN — Station KLCN. Blytheville. Ark. — Granted authority to
operate with 250 watts power for transmission of emergency
flood and relief communications only.

WREC — WREC, Inc., Memphis, Tenn. — Granted authority to
operate by terms of Rule 23 to use 5 KW power and operate
nondirectional antenna at night while transmitting emer¬
gency messages only.

1934

NEW — Nichols & Warinner, Long Beach, Calif. — Granted au¬
thority to use stations W6XKL and KIFO as licensed exten¬
sion period IS days beginning February S to 20 provided
Commission is advised by telegram sent before each broad¬
cast, the requirements of Rule 1002. Program in re settle¬
ment of Maritime strike in vicinity of San Pedro Harbor.
W10XFR-W10XFQ — National Broadcasting Co., Inc., New York.
— Granted authority to operate as licensed on February 8
to IS to broadcast inquiring reporter, San Francisco, Calif.
W10XAI-W10XDX — National Broadcasting Co., Inc., New York.
— Granted authority to operate as licensed on February 6
to broadcast description Wanamaker Mile Race.

WKRC — WKRC, Inc., Cincinnati, Ohio. — Granted extension equip¬
ment test period 10 days from February 2, however, no tests
permitted 4:20 a. m. to 4:40 a. m., EST, February 8, due
to Commission monitoring schedule.
KABG-W6XKF-W6XLN-W10XGK — Ben S. McGlashan, Los
Angeles, Calif. — Granted authority to operate as licensed
for period of 30 days from Feb. 4 for relaybroadcast Mid¬
winter Regatta.

WJDX — Lamar Life Insurance Co., Jackson, Miss. — Granted au¬
thority to use 2500 watts night while actually handling emer¬
gency messages only in accordance with Rule 23.
W9XPV-W9XPN — WDZ Broadcasting Co., Tuscola, Ill.— Granted
authority to operate as licensed daily except Tuesdays during
February, 1937, for relaybroadcast from Douglas County
Schools Farms WPA projects.

WJEP — Stromberg-Carlson Tel. Mfg. Co., Rochester, N. Y. —
Granted authority to operate as licensed February 22 to
March 3 relaybroadcast Safety Campaign program.

KWKH — International Broadcasting Co., Shreveport, La. — Granted
authority to operate KWKH with non-directional antenna
while actually transmitting emergency messages in accord¬
ance with Rule 23 and the use of KILB and KABH for
emergency message service only throughout emergency.
WRR — City of Dallas, Dallas, Tex.— Granted extension of special
temporary authority to suspend tests on station KVPA’s
transmitter used by WRR as an auxiliary transmitter, as
required by Sec. D of Rule 148, for period January 30 to
Feb. 28, pending necessary changes to comply with Rule 132.
(Conditional Clause), Effective as of January 30, 1937.
WSPR — Connecticut Valley Broadcasting Co., Springfield, Mass. —
Granted special temporary authority to operate from 11
p. m„ February 8, to 1:30 a. m., February 9, 1937 (instead
of February 9 and 10 as authorized in grant of February 2),
in order to broadcast a theater benefit for Red Cross Flood
Relief.

WAAX — Crosley Radio Corp., Cincinnati, Ohio. — Granted special
temporary authority to operate relaybroadcast station on
frequencies 1622, 2058, 2150 and 2790 kc., 50 watts, for
period February 5 to February 11, to feed WMC and/or
WLW within radius of 200 miles of Memphis, Tenn.

WHAZ — Renssalaer Polytechnic Institute, Troy, N. Y. — Granted
special temporary authority to operate during daytime hours
until 4:30 p. m., EST, for the period February 8 to February
12, with power of 500 watts.

WMFF — Plattsburg Broadcasting Corp., Plattsburg, N. Y.- —
Granted special temporary authority to operate from 5:30
p. m. to 10:30 p. m„ EST, February 9, 12, 13, 19 and 20, 1937,
(using 100 watts) to broadcast special sporting events from
Lake Placid and a special Kiwanis Luncheon at Plattsburg.
KAAS — Transcontinental & Western Air, Inc., Washington, D. C. —
Granted special temporary authority to operate regularly
licensed aircraft transmitter KHART aboard Douglas Type
plane, as a relay broadcast station on one dav from Feb¬
ruary 6 to 10, inclusive, on the frequencies 2790 kc. and/or
2150 kc., plane flying over Los Angeles, in connection with
demonstration of a special shielded loop antenna developed
and to be broadcast over CBS national hookup.

The Broadcast Division granted the petition of Pape Broadcast¬
ing Corp., (WALA) Mobile, Ala., to intervene in the proceedings
upon the application of H. O. Davis, Mobile, Ala., for C. P.
Docket No. 4298.

The Broadcast Division granted the petition of Liner’s Broad¬
casting Station, Inc. (KMLB), to intervene in the proceedings
upon the application of Southland Industries, Inc. (WOAI), San
Antonio, Tex., for C. P. Docket No. 4165.

The Broadcast Division granted the petition of T. E. Kirksey,
Waco, Tex, to intervent in the proceedings upon the application
of John S. Braun, for C. P. for new station at Waco, Docket No.
3934.

The Broadcast Division waived Rule 105.20 and granted the
petition of Arkansas Broadcasting Co., Hot Springs, Ark., to inter¬
vene in the proceedings upon the application of Arkansas Radio
& Equipment Co., Inc. (KARK) for Mod. of C. P. Docket 4263.

The Broadcast Division granted the petition of The Outlet Com¬
pany, Providence, R. I., to intervene in the proceedings upon the
application of Bay State Broadcasting Corp. for new station at
Providence, R. I. Docket 4128.

The Broadcast Division granted the petition of John B. Cooley
(KLPM) for permission to amend his application for C. P. to
increase power, so as to specify 500 watts power at night instead
of 1 KW. Docket 4211.

The Broadcast Division granted the petition of W. P. Stuart and
directed that the effective date of its order of December 1, 1936, in
granting and denying respectively, the applications of South¬
west Broadcasting Co., Prescott, Ariz., for C. P., Docket 3797, and
W. P. Stuart, Prescott, Ariz., for C. P. Docket 3906, be extended to
Feb. 15, 1937.

The Broadcast Division denied the motion and supplemental
motion of Woodman of the World Life Ins. Assn., respondent, for
postponement of Oral Argument upon the application of WKZO,
Inc., Docket 2412, now scheduled for February 4, 1937.

ACTION ON EXAMINERS’ REPORTS

NEW — Ex. Rep. No. 1-269: W. T. Knight, Jr., Savannah, Ga. —
Denied C. P. for new broadcast station to operate on 1310
kc., 100 watts, unlimited time (site to be determined, subject
to Commission's approval). Examiner M. H. Dalberg sus¬
tained.

NEW — Jack E. Brantley, Mrs. Jack E. Brantley, and Jack E.
Brantley, Jr., Savannah, Ga. — Denied C. P. for new broad¬
cast station to operate on 1310 kc., 100 watts, unlimited
time (site to be determined subject to Commission’s ap¬
proval). Examiner Dalberg sustained. Order effective
March 23, 1937.

NEW — Ex. Rep. 1-289: Saginaw Broadcasting Co., Saginaw, Mich.
— Denied C. P. for new broadcast station to operate on
1200 kc., 100 watts night, 250 watts day, specified hours
(site to be determined). Examiner M. H. Dalberg re¬
versed.

NEW — Harold F. Gross and Edmund C. Shields, Saginaw, Mich. —
Granted C. P. for new broadcast station to operate on 950
kc., 500 watts, daytime (site to be determined, subject to
Commission’s approval). Examiner Dalberg reversed.
Order effective March 16, 1937.

NEW — Ex. Rep. 1-291 : The Niagara Falls Gazette Publishing Co.,
Niagara Falls, N. Y. — Denied C. P. for new broadcast
station to operate on 630 kc., 250 watts, daytime (site to be
determined, subject to Commission’s approval). Examiner
M. H. Dalberg sustained.

NEW — Power City Broadcasting Corp., Niagara Falls, N. Y. —
Denied C. P. (Commissioner Prall dissenting) for new
broadcast station to operate on 630 kc., 250 watts, day¬
time (site to be determined). Examiner Dalberg reversed.
Order effective March 23, 1937.

NEW — Ex. Rep. 1-295: Metro Broadcasting Co. (A. Tornek and
R. Lillie), Los Angeles, Calif. — Denied C. P. for new broad¬
cast station to operate on 820 kc., 250 watts, limited time
with WHAS, Louisville, Ky. Examiner P. W. Seward sus¬
tained. Order effective March 23, 1937.

NEW — Ex. Rep. 1-312: The News Press Publishing Co., Santa
Barbara, Calif. — Granted C. P. (Commissioner Case dissent¬
ing) for new broadcast station to operate on 1220 kc., 500
watts, unlimited time (site to be determined, subject to
Commission’s approval). Examiner George H. Hill sus¬
tained. Order effective March 16, 1937.

KICA — Ex. Rep. 1-328: Western Broadcasters, Inc., Clovis, N. Mex.
— Granted modification of license to change hours of opera¬
tion; 1370 kc., 100 watts. Order effective March 16, 1937.

RENEWAL OF LICENSES

The following stations were granted renewal of licenses for the
regular period:

KEPY, Spokane, Wash.; KGHL, Billings, Mont; KGW, Port¬
land, Ore.; KLX Oakland, Cal.; KMJ, Fresno, Cal.; KOMO,
Seattle, Wash.; KPOF, Denver, Colo.; KPRC, Houston, Tex.;
KSAC, Manhattan, Kans; KTAR, Phoenix, Ariz.; KTSA, San
Antonio; WMJB, Greensburg Pa.; WIBW, Topeka, Kans.; WILL,
Urbana, Ill.; WIND, Gary, Ind.; WKRC, Cincinnati, Ohio;
WMAL, Washington, D. C.; and auxiliary; WNAX and auxiliary,
Yankton, S. Dak.

1935

MISCELLANEOUS

Monongahela Valley Broadcasting Co., Fairmont, W. Va. — Granted
petition for acceptance of answer in re proceedings upon
application of KARK, Little Rock, Ark., for modification
of C. P. scheduled to be heard February 9, 1937. This ap¬
plication was for increase in power from 500 watts night,
1 KW LS, to 1 KW day and night.

WDAY — WDAY, Inc., Fargo, N. Dak.; KOIN— KOIN, Inc., Port¬
land, Ore.; WAVE— WAVE, Inc., Louisville, Ky.; WCSH—
Congress Square Hotel Co., Portland, Me.; WAAT — Bremer
Broadcasting Co., Jersey City, N. J.— - Denied joint petition
asking hearing upon application of World Publishing Co.,
Tulsa, Okla., for C. P. for new radio broadcasting station
to operate on 940 ltc., 1 KW night, 5 KW LS, unlimited
time, be postponed, and that all pending applications for
new or additional assignments on 940 kc. be consolidated
for hearing.

Earl Weir, St. Petersburg, Fla. — Denied petition asking Broadcast
Division to reconsider its action in remanding to dockets
application for new radio station for further action. The
application is for a new station to operate on 1370 kc., 100
watts, unlimited time.

Waterloo Times-Tribune, Waterloo, Iowa. — Granted petition to
intervene at hearing of application of W. H. Hartman Co.
(Docket 4340) for a new broadcast station at Waterloo,
Iowa, to operate on 1420 kc., 100 watts, unlimited time.
WOKO — WOKO, Inc., Albany, N. Y. — Granted petition to inter¬
vene in hearing of application of Troy Broadcasting Co. for
permit to erect a new radio broadcasting station at Troy,
N. Y., to operate on 950 kc., 1 KW, daytime, scheduled to
be heard on March 16, 1936.

ORAL ARGUMENT GRANTED

NEW — Ex. Rep. 1-334: Clarence C. Dill, Washington, D. C. —
Granted oral argument to be held April 1, 1937.

PETITION DENIED

The Commission denied the petition of the Winston-Salem
Journal Company for a rehearing in the matter of the application
of C. G. Hill, George D. Walker, and Susan H. Walker, to erect
a new 250-watt broadcasting station at Winston-Salem, N. C., to
operate on 1250 kc., daytime (Ex. Rep. 1-217), which was granted
by the Broadcast Division on September 29, 1936.

Judge Sykes voted to remand the case to the Dockets for re¬
hearing.

PERMIT EXTENDED

The Commission in a general session extended the effective date
of a construction permit issued to Dorrance D. Roderick, El Paso,
Texas, from January 21, to 3 a. m. February 25. This is an
authorization to construct and operate a new broadcast station in
El Paso on the frequency 1500 kc., 100 watts, unlimited time.

APPLICATIONS RECEIVED
First Zone

WTAG — Worcester Telegram Publishing Co., Inc., Worcester, Mass.
580 — License to cover construction permit (Bl-P-1153) for

directional antenna, move of transmitter and increase in
power.

NEW — Colonial Broadcasting Co., Morristown, N. J. — Construc-
620 tion permit for a new station to be operated on 620 kc., 1
KW, unlimited time. Directional antenna for night use.
WNRI — S. George Webb, Newport, R. I. — Voluntary assignment
1200 of construction permit (l-P-B-2815) as modified, from S.

George Webb to WNRI, Incorporated.

NEW — Citizens Broadcasting Corp., Schenectady, N. Y. — Con-
1240 struction permit for a new station to be operated on 1240
kc., 1 KW night, 5 KW day, unlimited time. Amended:
Re- antenna.

WCNW — Arthur Faske, Brooklyn, N. Y. — Modification of con-
1500 struction permit (Bl-P-1145) for antenna changes and move
of transmitter locally, requesting authority to extend com¬
mencement and completion dates.

W3XJ— McNary and Chambers, Near College Park, Md. — License
to cover construction permit for a new experimental broad¬
cast station.

NEW — General Electric Co., Albany, N. Y. — Construction permit
for a new high frequency broadcast station to be operated
on 31600, 35600, 38600, 41000 kc., ISO watts.

NEW — Stromberg-Carlson Telephone Manufacturing Co., Mobile
— Construction permit for a new relay broadcast station to
be operated on 1606, 2022, 2102, 2758 kc., 100 watts, vari¬
able hours of operation.

Second Zone

NEW — S. O. & P. C. Ward, d/b as Louisville Broadcasting Co.,
1210 Louisville, Ky. — Construction permit for a new station to
be operated on 1210 kc., 250 watts, daytime.

Third Zone

NEW — The Birmingham News Co., Birmingham, Ala. — Construc-
590 tion permit for a new station to be operated on 590 kc.,
500 watts night, 1 KW daytime, unlimited time. Amended:
To change power from 500 watts night, 1 KW day to 1
KW day and night.

KADA — C. C. Morris, Ada, Okla. — Modification of license to move
1200 studio from Highway 48.1 Mi. North of Ada, Oklahoma,
to 115J4 S. Rennie Street, Ada, Oklahoma.

KRRV — Red River Valley Broadcasting Corp., Sherman, Texas. —
1310 License to cover construction permit (B3-P-1526) for
changes in equipment and increase in day power.

NEW — F. W. Porton, Miami, Fla. — Construction permit for a new
1420 station to be operated on 1420 kc., 100 watts, unlimited
time.

NEW— WDSU, Incorporated, New Orleans, La.— Construction
1500 permit for a new station to be operated on 1500 kc., 100
watts night, 250 watts day, unlimited time.

W3XAU — WCAU Broadcasting Co., Newtown Square, Pa. — Modi¬
fication of license to include the frequency of 15290 kc.
WSMA — WSMB, Incorporated, Mobile — License to cover con¬
struction permit for a new relay broadcast station.

WSMC — WSMB, Incorporated, Mobile — License to cover con¬
struction permit for a new relay broadcast station.

NEW — Loyola University, New Orleans, La. — Construction permit
for a new relay broadcast station to be operated on 31100,
34600, 37600, 40600 kc., 7 watts, unlimited time.

NEW — Loyola University, New Orleans, La. — Construction permit
for a new relay station to be operated on 31100, 34600,
37600, 40600 kc., 2 watts, unlimited time.

Fourth Zone

KLPM — John B. Cooley, Minot, N. Dak. — Construction permit to
1240 make changes in equipment, install vertical antenna, change
frequency from 1240 kc. to 1360 kc., change power from
250 watts to 1 KW day and night, change time from speci¬
fied hours to unlimited and move transmitter locally.
Amended: To change power to 500 watts, 1 KW day.
KOBH — Black Hills Broadcast Co. (Robert Lee Dean), Rapid
1370 City, S. Dak. — Construction permit to increase power from
100 watts to 100 watts night, 250 watts daytime and install
new transmitter. Also make changes in antenna. (Filed in
name of Black Hills Broadcast Co. of Rapid City.)

KCMO — KCMO Broadcasting Co., Kansas City, Mo. — Construc-
1370 tion permit to change frequency from 1370 to 1450 kc.,
install a new transmitter, increase power from 100 watts to
1 KW, install directional antenna for night use and move
transmitter from Commerce Trust Bldg., 10th & Walnut
Sts., Kansas City, Missouri, to 5200 E. 11th Street, Kansas
City, Missouri.

XXX — Columbia Broadcasting System, Inc., Chicago, Ill. — Ex¬
tension of authority to transmit programs to stations
CFRB, Toronto and CKAC, Montreal and to stations of the
Canadian Radio Commission or its successor.

Fifth Zone

NEW — Dan B. Shields, Provo, Utah. — Construction permit for a
1200 new station to be operated on 1200 kc., 100 watts, unlimited
time.

1936

WALSH RADIO OPERATORS BILL
S. 1353

IN THE SENATE OF THE UNITED STATES
February 1 (calendar day, February 3), 1937

Mr. Walsh introduced the following bill ; which was read
twice and referred to the Committee on Interstate
Commerce

A BILL

To amend section 318 of the Communications Act of 1934.

Be it enacted by the Senate and House of Representa¬
tives of the United States of America in Congress assem¬
bled, That section 318 of the Communications Act of
1934 is hereby amended to read as follows:

“Sec. 318. The actual operation of all transmitting
apparatus in any radio station for which a station license
is required by this Act shall be carried on only by a person
holding an operator’s license issued hereunder, and no
person shall operate any such apparatus in such station
except under and in accordance with an operator’s license
issued to him by the Commission: Provided, however,
That the Commission may waive or modify the foregoing
provisions of this section for the operation of any station
except (1) stations for which licensed operators are re¬
quired by international agreement, (2) stations for which
licensed operators are required for safety purposes, (3)
stations engaged in broadcasting, and (4) stations oper¬
ated as common carriers on frequencies below thirty
thousand kilocycles.”

1937

V

The National Association of Broadcasters

NATIONAL PRESS BUILDING ***** WASHINGTON, D. C.

JAMES W. BALDWIN, Managing Director

NAB

REPORTS

★

★

★

★

★

Vol. 5 - - No. 8
FEB. 18, 1937

Copyright, 1937.

The National Association of Broadcasters

WASHINGTON RADIO HIGHLIGHTS

FCC answers questions of Senator Wheeler * * * *
Hampson Gary, FCC General Counsel, says Commission
now has no authority to prevent newspapers from owning
broadcast stations * * * * Suggests such legislation
would be constitutional * * * * Commission informs
Wheeler in detail of stations owned by newspapers and
chains and controlled by both interests * * * * Pos¬
sibility that freedom of the press might be involved

* * * * As result of answer Senator Wheeler has an¬
nounced that he will introduce a bill to prevent news¬
papers from obtaining more stations and possibly make
them give up those they already own * * * * Craney
(KGIR) addresses open letter to the Congress of the
United States * * * * Makes answer to ASCAP and
proposes an amendment to the Copyright Act of 1909

* * * * Amendment would clear copyright at the source,
place full responsibility on persons originating perform¬
ances including manufacturers of electrical transcriptions

* * * * Hearing held on Dickstein Bill (H. R. 30)
before House Committee on Immigration and Naturaliza¬
tion to protect artistic and earning opportunities for
actors, etc. * * * * Senator Copeland makes favorable
report from his Committee on Commerce on Pure Food
and Drug Bill (S. 5) with few amendments * * * * Rep¬
resentative Culkin of New York introduces another bill
to prevent alcoholic beverage advertising over radio.

FCC ANSWERS WHEELER

The Federal Communications Commission has sent its
answer to Senator Burton Wheeler, of Montana, chair¬
man of the Senate Committee on Interstate Commerce
in connection with certain questions which he propounded
dealing with newspaper ownership of broadcasting sta¬
tions and network ownership of stations.

As the result of the Commission’s answer Senator
Wheeler has announced that he will introduce a bill
making it unlawful for newspapers to own broadcasting
stations. He contends that the effort of the bill will be
to prevent monopoly of radio channels for public in¬
formation.

Included in the answer of the Commission is an opinion
of Hampson Gary, general counsel, as to whether the
Commission now has power to prevent a newspaper from

owning a broadcasting station and expressing his opinion
as to whether such legislation can be enacted.

Mr. Gary’s complete answer to the Senator on the sub¬
ject of the ownership of broadcasting stations by news¬
papers is as follows:

January 25, 1937.

Memorandum to the Commission:

Opinion of the General Counsel

In response to request of the Chairman of the
Commission.

I.

Has the Commission authority, at the present time, to
deny an application of a newspaper for radio facilities,
on the ground that it is against public policy.

The question presented is whether the Commission
may deny an application of a newspaper for a license
on the ground that it is against “public policy”. The
specific standard, or guide, provided by Congress in the
Communications Act of 1934 is whether or not the grant¬
ing of an application for license is “in the public interest,
convenience or necessity”. It must be determined at the
outset, therefore, whether there is a difference between
the term “public policy” and the standard of “public
interest, convenience and necessity”. We think the two
may be distinguished. “Public policy” has been defined
as:

“that principle of law which holds that no one can
lawfully do that which has a tendency to be in¬
jurious to the public or against the public good.”

( Spalding v. Maillet, 188 P. 377; Georgia Fruit Ex¬
change v. Turnipseed, 62 So. 542.)

IN THIS ISSUE

Page

Washington Radio Highlights . 1939

FCC Answers Wheeler . 1939

Copyright Amendment Proposed by Craney . 1946

Commission Grants New Station . 1946

Culkin Radio Advertising Bill . 1946

Pure Food Bill Reported . 1946

Baldwin Attends Meeting . 1947

Broadcast Measurements . 1947

Change of Ownership Recommended . 1947

Securities Act Registrations . 1947

Federal Trade Commission Action . 1947

FTC Cases Settled . 1948

Federal Communications Commission Action . 1948

1939

In the sense of the definition given, it might be said
that “public policy” is synonymous with “public interest”.
However, as was said in Weeks v. New York Life In¬
surance Company, 122 S. E. 586:

“Public policy imports something that is uncertain,
fluctuating, varying with the changing economic
needs, social customs and moral aspirations of the
people. A state has no public policy cognizable by
the courts which is not derivable by clear implica¬
tion from established law as found in its Constitu¬
tion, statutes, and judicial decisions.”

Again, in Georgia Fruit Exchange v. Turnipseed,
supra, p. 544, the court said:

“Public policy is broader than the mere terms of
the statute or statutes and embraces their general
purpose and spirit.”

See also Smith v. San Francisco & M. P. R. Co., 47
Pacific 582, 589, where the phrase is defined as follows:

“Public policy is a term of vague and uncertain
meaning, which it pertains to the law-making body
to define, and courts are apt to encroach on the
domain of that branch of government if they char¬
acterize a transaction as invalid because it is con¬
trary to public policy, unless the transaction contra¬
venes some positive statute or some well-established
rule of law. * * *”

As was pointed out in Rast v. Van Deman & Lewis,
240 U. S. 342, 357:

“It is the duty and function of the legislature to
discern and correct evils, and by evils we do not
mean some definite injury but obstacles to a greater
public welfare.” (Italics supplied.)

This case is cited many times in other decisions, and
we believe it is authority for the conclusion that a de¬
termination of “public policy” is the function of the
legislature. Although it may be stated that the Federal
Communications Commission is an arm of the Congress,
or the agent of that legislative body, yet it is equally
true that the Commission possesses only those powers
specifically delegated to it by statute. ( Federal Radio
Commission v. Nelson Bros. Bond & Mortgage Co., 289
U. S. 295.)

From the above it would appear that “public policy”
is a broader and in some respects, a different term than
“public interest,” and that the determination of “public
policy” is a function of Congress.

Since the Congress has delegated to the Commission
the power to determine whether a grant of. an applica¬
tion in any case will serve the “public interest” this is
the only standard the Commission can apply, and our
inquiry is limited to whether such standard furnishes au¬

thority to deny applications from newspapers. We do
not mean to infer from the above that the Commission,
in applying the standard of “public interest, convenience
or necessity” to a given set of facts, may not consider as
a factor that the applicant before it owns or controls a
newspaper.

The Supreme Court, in Federal Radio Commission v.
Nelson Bros. Bond and Mortgage Company, supra, has
defined the standard and indicated some of the limita¬
tions upon the power of, the Commission:

“In granting licenses the Commission is required
to act ‘as public convenience, interest or necessity
requires.’ This criterion is not to be interpreted as
setting up a standard so indefinite as to confer an
unlimited power. Compare N . Y. Central Securi¬
ties Co. v. United States, 287 U. S. 12, 24. The
requirement is to be interpreted by its context, by
the nature of radio transmission and reception, by
the scope, character and quality of services, and,
where an equitable adjustment between States is in
view, by the relative advantages in service which
will be enjoyed by the public through the distribu¬
tion of facilities.”

See also the following language in N . Y. Central Se¬
curities Co. v. United States, 287 U. S. 24:

“Appellant insists that the delegation of authority
to the Commission is invalid because the stated
criterion is uncertain. That criterion is the ‘public
interest.’ It is a mistaken assumption that this is
a mere general reference to public welfare without
any standard to guide determinations. The purpose
of the Act, the requirements it imposes, and the con¬
text of the provision in question show the contrary.”

It should be observed that the application of this stand¬
ard by the Commission is subject to judicial review under
Section 402(b) of the Act. Upon appeal from decisions
of the Commission the court will examine the decision
for the purpose of determining whether the Commission
has stayed within the power thus delegated and therefore
its decision was not arbitrary or capricious.

“A finding without substantial evidence to sup¬
port it — an arbitrary or capricious finding — does vio¬
lence to the law. It is without the sanction of the
authority conferred. And an inquiry into the facts
before the Commission, in order to ascertain whether
its findings are thus vitiated, belongs to the judicial
province and does not trench upon, or involve the
exercise of, administrative authority.” Nelson Bros,
case, supra, p. 277.

In my opinion, therefore, the Commission does not
have the authority, under the existing law and in the
absence of an expression of public policy on the subject

1940

by the Congress, to deny an application to a newspaper
owner for radio facilities solely upon the ground that the
granting of such an application would be against public
policy. It is clear, however, that the Commission has
the duty of examining the facts in each particular case
to determine whether the granting of an application will
serve “public interest, convenience or necessity”. One
fact among others to be considered by the Commission,
is the business connections of the applicant, newspaper or
other, and in my opinion the Commission has the power
to refuse a license to a newspaper owner if upon all the
facts before it in a given case the Commission is unable
to find that the granting of such an application would
serve public interest, convenience, or necessity.

II.

Whether legislation could be passed denying the right of
newspapers to obtain broadcasting licenses in the future
and requiring them to divest themselves of existing
rights in broadcast stations within a reasonable time.

It is well settled that all radio broadcasting is within
the regulatory power of Congress under the Commerce
clause of the Constitution ( American Bond & Mortgage
Company v. United States, 52 F. (2d) 318; Federal
Radio Commission v. Nelson Bros. Bond & Mortgage Co.,
289 U. S. 267). This power is “supreme and plenary”
(Minnesota Rate Cases, 281 U. S. 362, 398); is “com¬
plete in itself, and may be exercised to its utmost extent,
and acknowledges no limitations, other than those pre¬
scribed in the Constitution .” ( Gibbons v. Ogden, 9
Wheat. 1, 196.) And the power to regulate includes the
power to prohibit ( The Lottery Cases, 188 U. S. 321).

It should be determined at the outset whether there
exist any constitutional limitations upon the power of
Congress to regulate interstate and foreign commerce. It
would appear that if such limitations exist they may be
found in the First or Fifth Amendments to the Con¬
stitution.

The portions of the First Amendment which need be
examined in connection with the legislation proposed are
as follows: “Congress shall make no law * * * abridging
the freedom of speech, or of the press * * It is
submitted that legislation such as that proposed would
constitute no abridgment of freedom of speech or of the
press since ownership or control of a radio broadcast
station is not essential to the right to speak or the dis¬
semination of news, and the owning or controlling of a
broadcast station as a business has nothing to do with the
freedom of speech or of the press as such, because the
newspaper would still have the same right to communi¬
cate by printing or broadcasting, which is enjoyed by any
other person or class.

This is demonstrated by the following language from
the case of Trinity Methodist Church, South, v. Federal

Radio Commission, 62 Fed. (2d) 850, 853, in which the
court affirmed a decision of the Commission refusing to
renew the applicant’s broadcast license:

“This is neither censorship nor previous restraint,
nor is it a whittling away of the rights guaranteed
by the First Amendment , or an impairment of their
free exercise. Appellant may continue to indulge
his strictures upon the characters of men in public
office. He may just as freely as ever criticize re¬
ligious practices of which he does not approve.
* * * but he may not, as we think, demand, of
right, the continued use of an instrumentality of
commerce for such purposes, or any other, except in
subordination to all reasonable rules and regula¬
tions Congress, acting through the Commission, may
prescribe.” (Italics supplied.)

Moreover, the freedom of the press is not abridged by
a reasonable regulation of commerce promulgated by the
Congress under constitutional authority for the protection
of all the people, including the press.

In Toledo Newspaper Co. v. U. S., U. S. 402, 419,
Chief Justice White, speaking for the Court, dismissed
the argument that a law providing for the punishment
of contempts of court which obstructed justice was an
interference with freedom of the press, in the following
language:

“We might well pass the proposition by because
to state it is to answer it, since it involves in its very
statement the contention that the freedom of the
press is the freedom to do wrong with immunity
and implies the right to frustrate and defeat the dis¬
charge of those governmental duties upon the per¬
formance of which the freedom of all, including that
of the press, depends.” (Italics supplied.)

Chief Justice Fuller, in the case entitled In Re: Rapier,
143 U. S. 110, 134, said:

“We cannot regard the right to operate a lottery
as a fundamental right infringed by the legislation
in question; nor are we able to see that Congress can
be held, in its enactment, to have abridged the free¬
dom of the press. The circulation of newspapers is
not prohibited, but the government declines itself
to become an agent in the circulation of printed mat¬
ter which it regards as injurious to the people. The
freedom of communication is not abridged within the
intent and meaning of the constitutional provision
unless Congress is absolutely destitute of any dis¬
cretion as to what shall or shall not be carried in the
mails, and compelled arbitrarily to assist in the dis¬
semination of matters condemned by its judgment,
through the governmental agencies which it con¬
trols.” (Italics supplied.)

1941

Inasmuch as the granting of a license to operate a
broadcast station does not give the licensee any vested
property right ( American Bond & Mortgage Company v.
United States, 52 F. (2d) 318), (Sections 304 and 309(b)
of the Communications Act of 1934) and since broadcast
licenses must be renewed every six months, each applica¬
tion for renewal thereof being considered de novo, the
right to hold or acquire property does not appear to be
involved. For the same reasons the constitutional ques¬
tion presented in considering the power of Congress to
deny newspapers the right to acquire broadcast stations
in the future is not different from that presented as to
its power to require them to divest themselves of the
control of such stations within a reasonable time.

That protection of a person or class of persons to
equality under the law exists under the Fifth Amendment
is clearly indicated in the line of decisions noted herein:
In the case of U. S. v. Yount, 267 F. 861, the court said,
in discussing the power of Congress to “classify” as
incidental to its power to regulate commerce:

“The ‘due process of law’ by which Congress is
limited in the Fifth Amendment and the states by
the Fourteenth Amendment is equivalent to the ‘law
of the land’ and is intended to protect the citizen
against arbitrary action, and secure to all persons
equal and impartial justice under the law (italics
supplied). Davidson v. New Orleans, 96 U. S. 97,
24 L. ed. 616; Missouri Pacific Ry. v. Humes, 115
U. S. 512, 6 Sup. Ct. 110, 29 L. ed. 463.

“It seems reasonably clear that the ‘due process
of law’ provision of the Fifth Amendment is broad
enough in its scope and purpose to include the ‘equal
protection of the laws’ which no state may deny to
any person under the provisions of the Fourteenth
Amendment. Leeper v. Texas, 139 U. S. 462, 11
Sup. Ct. 577, 35 L. ed. 225; Giozza v. Tiernan, 148
U. S. 657, 13 Sup. Ct. 721, 37 L. ed. 599.”

In Nebbia v. U. S., 291 U. S. 502, the court observed
(page 536) :

“It is clear that there is no closed class or cate¬
gory of businesses affected with a public interest, and
the function of courts in the application of the Fifth
and Fourteenth Amendments is to determine in each
case whether circumstances vindicate the challenged
regulation as a reasonable exertion of governmental
authority or condemn it as arbitrary or discrimina¬
tory. Chas. Wolff Packing Co. v. Court of Indus¬
trial Relations, 262 U. S. 522, 535, 67 L. ed. 1103,
1108, 43 S. Ct. 630, 27 A.L.R. 1280.”

In stating that “classification is allowable under the
provisions of the constitution” the court in the case of
U. S. v. Yount, supra, cited the case of Gulf Colorado &
Santa Fe Railway v. Ellis, 165 U. S. 150. In this latter

case the court said, at page 165, that the classification
“must always rest upon some difference which bears a
reasonable and just relationship to the act in respect to
which the classification is proposed and can never be made
arbitrarily and without any such basis.”

The above cases indicate that classification is a neces¬
sary adjunct to the power to regulate. Since the proposed
legislation would be a regulation of interstate commerce,
and since it would discriminate against a class, the precise
question involved is whether the power of Congress to
make such a regulation is limited by the due process
clause.

It would appear well settled that Congress, in the
exercise of its power to regulate interstate commerce, may
interfere indirectly with private rights which otherwise
might be protected by the due process clause. In Knox
v. Lee (Legal Tender Cases), 79 U. S. 457, it is said:

“That provision (due process clause) has always
been understood as referring only to a direct ap¬
propriation and not to consequential injuries result¬
ing from the exercise of lawful power. It has never
been supposed to have any bearing upon or to inhibit
laws that indirectly work harm or loss to individuals.”

See also United States v. Joint Traffic Ass’n., 171 U. S.
505; Addyston Pipe & Steel Co. v. United States, 175
U. S. 211; Union Bridge Co. v. United States, 204 U. S.
365; Willoughby on Constitutional Law, 2nd Ed., Sec¬
tions 1225, 1227, Vol. 3 pp. 1857, 1861.

The criterion which must be applied is whether the
legislative action has a reasonable relation to a purpose
which is within Congressional authority. This principle
is enunciated in the case of Lewis Publishing Company
v. Morgan, 229 U. S. 288, wherein the legality of certain
conditions imposed by Congress on the eligibility to use
the second class mails was attacked on the ground that
it violated both the First and Fifth Amendments. The
court held that Congress by establishing “second class”
postal matter was giving effect to a policy of favoring a
wide spread circulation of newspapers, periodicals, etc.,
“in the interest of dissemination of current intelligence”.
The criterion applied by the Court in considering the
validity of the legislation is indicated by the following
excerpt, page 314, of the opinion:

“The question therefore is only this, Are the con¬
ditions which were exacted incidental to the power
exerted of conferring on the publishers of news¬
papers, periodicals, etc., the privileges of the second
class classification or are they so beyond the scope
of the exercise of that power as to cause the condi¬
tions to be repugnant to the Constitution? We say
this is the question since necessarily if the power
exists to legislate by discriminating in favor of pub¬
lishers, the right to exercise that power, carries with

1942

it the authority to do those things which are inci¬
dental to the power itself or which are plainly neces¬
sary to make effective the principal authority when
exerted. In other words, from this point of view,
the illuminating rule announced in McCulloch v.
Maryland and Gibbons v. Ogden, governs here as it
does in every other case where an exertion of power
under the Constitution comes under consideration.
The ultimate and narrow question therefore is, are
the requirements of the provision in question inci¬
dental to the purpose intended to be secured by the
second class classification?”

The court sustained the conditions as being “incidental
and necessary to the complete fruition of the public policy
lying at the foundation of the privileges accorded”.

Thus, it may be seen that if the proposed legislation
denying newspaper owners the right to own or control a
broadcast station has a reasonable relationship to a pur¬
pose which Congress has the power under the commerce
clause to accomplish, then the incidental or indirect inter¬
ference with personal liberty is not repugnant to the First
or Fifth Amendments.

Furthermore, this test which the courts may apply as
to whether there is a reasonable relationship between the
purpose and the means used to accomplish it, must be
clearly distinguished from the question as to the wisdom
of the end sought to be accomplished, or the policy
adopted by Congress, power over which is vested solely
within the legislative branch of the Government.

In the Lottery Case, supra, this principle was stated
as follows:

“In determining the character of the regulations
to be adopted, Congress has a large discretion which
is not to be controlled by the courts simply because
in their opinion such regulations may not be the
best or most effective that could be employed.”

This principle is even more clearly stated in the case of
Northern Securities Co. v. United States, 193 U. S. 197,
which involves legislation of much the same class as that
under consideration. The law in question was the provi¬
sion of the Sherman Anti-Trust Act which prohibited
“every combination,” etc., in “restraint of trade”. The
fact that the purpose of the act was to prevent restraints
of trade brought it within the power delegated to Con¬
gress under the Commerce clause, but the objection was
made that it interfered with the “liberty” to contract
which is guaranteed by the Fifth Amendment. The Court
said:

“The means employed in respect of the combina¬
tions forbidden by the Anti-Trust Act, and which
Congress deemed germane to the end to be accom¬
plished, was to prescribe as a rule for interstate
and international commerce (not for domestic com¬

merce) that it should not be vexed by combinations,
conspiracies or monopolies which restrain commerce
by destroying or restricting competition. We say
that Congress has prescribed such a rule, because in
all the prior cases in this court the Anti-Trust Act
has been construed as forbidding any combination
which by its necessary operation destroys or restricts
free competition among those engaged in interstate
commerce ; in other words, that to destroy or restrict
free competition in interstate commerce was to re¬
strain such commerce. Now, can this court say that
such a rule is prohibited by the Constitution or is
not one that Congress could appropriately prescribe
when exerting its power under the commerce clause
of the Constitution? Whether the free operation of
the normal laws of competition is a wise and whole¬
some rule for trade and commerce is an economic
question which this court need not consider or de¬
termine. Undoubtedly, there are those who think
that the general business interests and prosperity of
the country will be best promoted if the rule of
competition is not applied. But there are others
who believe that such a rule is more necessary in
these days of enormous wealth than it ever was in
any former period of our history. Be all this as it
may, Congress has, in effect, recognized the rule of
free competition by declaring illegal every combina¬
tion or conspiracy in restraint of interstate and inter¬
national commerce. As in the judgment of Congress
the public convenience and the general welfare will
be best subserved when the natural laws of com¬
petition are left undisturbed by those engaged in
interstate commerce, and as Congress has embodied
that rule in a statute, that must be, for all, the end
of the matter, if this is to remain a government of
laws, and not of men.” (Pp. 337-338.)

It would appear from these cases that if Congress sees
fit to declare a policy to be followed in the regulation of
interstate commerce (broadcasting) and provides that in
order to carry out that policy, no newspaper shall operate
a broadcasting station, the Courts will not question the
wisdom of the policy, but will consider such legislation
only for the purpose of determining whether the pro¬
hibition has a reasonable relation to, or is a reasonable
means of accomplishing an end which is within the regu¬
latory power of Congress.

Factors which would militate against holding arbitrary
or unreasonable the regulation of interstate commerce as
herein proposed are the actual facts and usages attendant
upon joint ownership and operation of a broadcast station
and a newspaper.

It is submitted that these factors should not be ex¬
amined for the purpose of passing on the wisdom of the
legislation but only for the purpose of determining whether

1943

an unreasonable or arbitrary classification has been made.
Chicago, B. & Q. R. R. Co. v. McGuire, 219 U. S. 549.
In that case the court said at page 569:

“* * * The scope of judicial inquiry in deciding
the question of power is not to be confused with the
scope of legislative considerations in dealing with the
matter of policy. Whether the enactment is wise
or unwise, whether it is based on sound economic
theory, whether it is the best means to achieve the
desired result, whether, in short, the legislative dis¬
cretion within its prescribed limits should be exer¬
cised in a particular manner, are matters for the
judgment of the legislature, and the earnest conflict
of serious opinion does not suffice to bring them
within the range of judicial cognizance.”

It is conceivable that situations might arise where the
mutual control of a newspaper and a broadcast station
would have no effect upon the operation of the station
in the public welfare. If this be true, would an act barring
every newspaper from owning or operating a broadcast
station exceed the end to be accomplished? This ques¬
tion arose in connection with the Anti-Trust Act, supra,
which prohibited “every” contract in restraint of trade.
Prior to the Standard Oil case, 221 U. S. 1, the Supreme
Court consistently held that when Congress said “every”
it laid down a policy which the Court could not question,
and the act, so interpreted, was held to be constitutional
( Addyston Pipe & Steel Co. v. United States, 175 U. S.
211; Northern Securities Co. v. United States, supra).
In the Standard Oil case, 221 U. S. 1, the Court estab¬
lished the well-known “Rule of Reason” which was ap¬
plied in that and later cases. The different interpretation
of the Anti-Trust Act, however, appears to have been
based upon what the Court considered to be the common
law concept of the term “restraint of trade” as used in the
Act. The Court said:

“* * * It is certain that those terms (‘restraint
of trade’ and ‘monopoly’) at least in their rudimen¬
tary meaning, took their origin in the common law,
and were also familiar in the law of this country
prior to and at the time of the adoption of the act
in question.

“We shall endeavor, then, first to seek their mean¬
ing, * * * by making a very brief reference to the
elementary and indisputable conceptions of both the
English and American law on the subject prior to the
passage of the Anti-Trust Act.”

While the interpretation placed upon the Act in the
Standard Oil case, supra, might be said to weaken the
former decisions as to the constitutionality of the Act as
originally construed, it did not constitute a reversal of the
former cases as to such constitutionality; but rendered a
consideration of the question unnecessary.

Other analogous legislation is contained in Section 1,
Paragraph 8 of the Interstate Commerce Act commonly
known as the “Commodities Clause” which provides that:

“From and after May 1, 1908, it shall be unlawful
for any railroad company to transport from any
state, * * * any article or commodity, other than
timber and the manufactured products thereof,
manufactured, mined, or produced by it, or under
its authority, or which it may own in whole or in
part, or in which it may have any interest, direct
or indirect, except such articles or commodities as
may be necessary and intended for its use in the
conduct of its business as a common carrier.”

This clause was held constitutional by the Supreme
Court of the United States in the cases of U. S. v. Dela¬
ware & Hudson Co., 213 U. S. 366 and Delaware L. &
W. R. R. Co. v. U. S., 231 U. S. 363.

In the former case the Government sought to enjoin
five railroads from shipping coal over their lines. Some
of these corporations owned and worked mines and trans¬
ported over their own rails in interstate commerce the
coals so mined either for their own account or for the
account of those who had acquired title to the coal prior
to the beginning of the transportation. As to this last
group, the Government contended that the Act prohibited
the carrying of any coal with which the line was formerly
connected regardless of present ownership. One of the
main defenses the companies claimed, on the other hand,
was that the Act was unconstitutional because it deprived
them of property without Due Process. The court
pointed out that the broad interpretation contended for
by the government would raise serious constitutional
questions; that where an act is susceptible of two inter¬
pretations one of which would be constitutional and the
other not, the construction upholding the validity of the
law should be applied; and, therefore, construed the Act
as applying only where there was an actual and a present
connection between the company and the commodity. It
was then concluded:

“We think it unneccessary to consider at length
the contentions based upon the due process clause
of the Fifth Amendment. * * * When, however,
mere forms of statement are put aside and the real
scope of the argument at bar is grasped, we think it
becomes clear that in substance and effect the argu¬
ment really asserts that the clause as construed by
the Government is not a regulation of commerce,
since it transcends the limits of regulation and em¬
braces absolute prohibitions, which, it is insisted,
could not be exerted in virtue of the authority to
regulate. The whole support upon which the propo¬
sitions and the arguments rest hence disappear as a
result of the construction which we have given the

1944

statute. Through abundance of caution we repeat
that our ruling here made is confined to the question
before us. Because, therefore, in pointing out and
applying to the statute the true rule of construction,
we have indicated the grave constitutional questions
which would be presented if we departed from that
rule, we must not be considered as having decided
those questions. We have not entered into their
consideration, as it was unnecessary for us to do so.”

The Delaware L. & W. case, supra, involved a question
as to whether a shipment of hay to be used in feeding
mules in mines owned by the defendant railroad was a
violation of the Commodities Act. The railroad challenged
the constitutionality of the Act and contended inter alia
that, “It is a matter of complete indifference to the pub¬
lic * * * whether or not the railroad company does or
does not engage in such transportation, so long as it con¬
tinues lawfully to own and operate its mines, and the
Commodities Clause in prohibiting such transportation
has no reasonable relationship to the accomplishment and
any legitimate public object, but is arbitrary, unreason¬
able and unnecessary and violates the Fifth Amendment.”
The court in holding that the Act did have a reasonable
relationship to the regulation of interstate commerce said :

“But the courts are not concerned with the ques¬
tion as to whether, in a particular case, there had
been any discrimination against shippers or harm to
other dealers. The statute is general and applies not
only to those particular instances in which the car¬
rier did use its power to the prejudice of the shipper,
but to all shipments which, however, innocent in
'themselves, come within the scope and probability
of the evil to be prevented.”

In making an analogy between these two cases and the
question under consideration, the Delaware and Hudson
case might be advanced as authority for the contention
that a statute denying the right of all newspapers to
operate radio stations would be unconstitutional as ap¬
plied to an extreme situation ; for instance, in a case where
the owner of a Farmers’ Weekly in Minnesota applied for
a license to operate a station in Washington, D. C.

However, the above quoted language from the Dela¬
ware L. & W. case is authority for the conclusion that if
there is a reasonable relationship between the prohibition
of mutual control of radio facilities and newspapers the
courts would not be concerned with the question as to
whether in a particular case such mutual ownership was
actually detrimental to the operation of the station.

While the above mentioned authorities relative to legis¬
lation similar to that contemplated serve to establish the
criterion which would be applied in testing the validity of
the proposed statute, it is submitted that they afford no
basis for a positive conclusion as to its constitutionality.

Section 11 of the Panama Canal Act of August 24,
1912, 37 Stat. 560 made it unlawful for any railroad or
other carrier to own, operate, etc., “any common carrier
by water operating through the Panama Canal or else¬
where with which such railroad or other carrier does or
might compete for traffic or any vessel carrying freight or
passengers on such water route or elsewhere with which
such railroad or other carrier competes or might compete.”
This Act further provided that the Interstate Commerce
Commission should determine the extent or possibility of
competition. A date was specified on which all common
ownership should cease, but it was also provided that the
Commission should determine whether any “such existing
specified service” was being operated in the public in¬
terest, etc., and empowered it to grant extensions to those
which were challenged to such consideration upon the
merits of the individual case. The constitutionality of
this legislation has not been successfully challenged to
date. See Lehigh Valley Railroad Co. v. U. S. (Dist. Ct.
E. Dist. Pa., May 12, 1916, 234 F. 682).

Legislation similar to the type contemplated herein is
found in Sections 310(a) and 311 of the Communications
Act of 1934 wherein the Commission is directed to refuse
to grant a license to an enumerated class of persons, among
them being aliens, representatives of foreign governments,
foreign corporations, etc., and also any person found guilty
of unlawful monopoly, as defined therein.

The proposed legislation would impose a prohibition
against a class, i. e., newspaper owners, and, in that re¬
spect, would be analogous to Section 310(a) of the present
act which contains a similar prohibition against aliens.

Senator Wheeler inquires:

“Whether, if the Commission has not such au¬
thority at the present time, legislation could be
passed denying the right for all newspapers to
acquire radio stations in the future and requiring
all newspapers within a reasonable time to divest
themselves of the ownership and control of such
stations.”

A careful review of the decisions of the Supreme Court
with respect to existing legislation which appears to be
analogous or similar to that here suggested and those
decisions with respect to the regulation of interstate com¬
merce by the Congress and matters bearing a reasonable
relation thereto, impel me to a conclusion that the con¬
stitutionality of an act of Congress denying the right to
all newspaper owners as such to obtain broadcast licenses
in the future and requiring all newspapers to divest them¬
selves of such ownership or control within a reasonable
time, is not free from doubt, and, therefore, I think the
inquiry does not permit of a categorical answer.

However, let me add, it is established that all radio
broadcasting is interstate commerce; that, under the

1945

Constitution, the Congress has the power to regulate
interstate and foreign commerce; that the criterion to be
applied is whether the proposed legislation has a reason¬
able relation to a purpose which is within constitutional
authority; and, that the power to regulate interstate and
foreign commerce is limited only by the provisions of the
Constitution itself.

I am of the opinion that the mutual ownership and
control of newspapers and broadcast stations bears a
reasonable relation to and has an effect upon interstate
commerce, and therefore, if the Congress enacted a law
of the purport suggested, it should meet the constitutional
requirements.

Respectfully,

(Signed) HAMPSON GARY.

HAMPSON GARY,

General Counsel.

COPYRIGHT AMENDMENT PROPOSED BY
CRANEY

Ed Craney (KGIR, Butte) in an open letter to Con¬
gress makes reply to a letter received from the General
Manager of the ASCAP and proposes an amendment to
the Copyright Act of 1909.

Mr. Craney would change the law so as to —

1. Place the responsibility for the public performance
of music on the person originating the performance;

2. Make it necessary for Authors, Composers, and
Publishers to identify the use they make of material in
the public domain;

3. Leave the question of damages to the discretion of
the court, and

4. Prevent assignees from collecting damages unless
their assignments are recorded according to law.

The text of the Bill offered by Mr. Craney follows:

A BILL

To amend the Act entitled “An Act to Amend and Con¬
solidate the Acts respecting Copyright”, approved March
4, 1909, as amended, and for other purposes.

Be it enacted by the Senate and House of Representa¬
tives of the United States of America in Congress as¬
sembled,

That Section 6 of Act entitled “An Act to Amend and
Consolidate the Acts respecting Copyright”, approved
March 4, 1909, as amended, is hereby amended by strik¬
ing out the period (.) at the end thereof and inserting
in lieu thereof the following: “, Provided, that the appli¬
cation for registration, and the printed notices of copy¬
right on the work shall specify under which version or
versions of works copyright is claimed”.

Sec. 2. (a) Section 25 of such Act is amended by add¬
ing after Subsection (b) the following new Subsection:

“(c) To pay to the copyright proprietor, in the case
of an infringement by radio broadcasting, such damages
as to the court shall appear to be just, provided, that the
responsibility and liability for the use of copyrighted
material in broadcasting on two or more stations simul¬
taneously shall rest solely with the station originating the
performance, and provided further, that the responsibility
and liability for the use of copyrighted material in elec¬
trical transcriptions and other forms of recordings made
exclusively for broadcasting purposes shall rest solely
with the maker of such electrical transcriptions and other
forms of recordings and his agents for distribution thereof
to broadcasters.”

(b) Subsections (c), (d) and (e) of Section 25 of such
Act are hereby amended to read Subsections (d), (e) and
(f), respectively.

Sec. 3. Section 44 of such Act is hereby amended by
striking out the period (.) at the end thereof and in¬
serting in lieu thereof, the following: “, and such default
shall be a defense against any legal proceeding brought
by the assignee as a result of use made of the copyrighted
material subsequent to the date of assignment”.

COMMISSION GRANTS NEW STATION

The Federal Communications Commission this week
granted a construction permit for the erection of a new
broadcasting station at Albert Lea, Minn., to the Albert
Lea Broadcasting Corporation.

The new station will operate on 1200 kilocycles 100
watts and daytime only. The order is effective March 23.

CULKIN RADIO ADVERTISING BILL

A bill was introduced in the House this week by Rep¬
resentative Culkin of New York (H. R. 4738) “to pro¬
hibit the transportation in interstate commerce of adver¬
tisements of alcoholic beverages.” The bill has been
referred to the House Committee on Interstate and For¬
eign Commerce.

The paragraph dealing with broadcasting in this bill
is as follows:

“Sec. 4. It shall be unlawful to broadcast by means of
any radio station for which a license is required by any
law of the United States, or for any person operating any
such station, to permit the broadcasting of any adver¬
tisement of alcoholic beverages or the solicitation of an
order for alcoholic beverages.”

PURE FOOD BILL REPORTED

Senator Copeland of New York this week reported
from his Committee on Commerce the pure food and drug
bill (S. 5) with a few amendments over the bill as it was
originally introduced at the present session and printed

1946

in full in NAB Reports. There is no essential change
in the advertising features. In reporting the bill out
Senator Copeland has the following to say about the
advertising situation:

“There has been controversy as to whether the Food
and Drug Administration or the Federal Trade Commis¬
sion should enforce the bill’s provisions on advertising.
On the premise that advertisements of foods, drugs, and
cosmetics are nothing more than extensions of the label¬
ing, this bill proposes that the control be vested in the
Food and Drug Administration which enforces the provi¬
sions on adulteration and labeling. But, it does not have
the effect of depriving the Federal Trade Commission of
its jurisdiction to proceed against false advertising in such
form as to make it an unfair method of competition.
The bill specifically provides that it shall not be construed
as impairing or diminishing the powers of the Federal
Trade Commission.

“The bill simply provides that the district courts of
the United States shall have the power to grant tempo¬
rary and permanent injunctions against the dissemination
of any advertisement which contains —

“any representation regarding any food, drug, device, or
cosmetic or the ingredients thereof, or the substances
therein, or the identity, strength, quality, purity, quan¬
tity, origin, source, harmlessness, or safety thereof, or the
nutritional, dietary, curative, therapeutic, preventive,
diagnostic, or beneficial effects thereof, or the safety or
efficiency of the dosage, frequency, or duration of use
pertaining thereto, which is false or misleading in any
material particular.”

BALDWIN ATTENDS MEETING

James W. Baldwin, managing director of NAB, at¬
tended the meeting of the Ohio State Broadcasters As¬
sociation being held today in Cincinnati.

BROADCAST MEASUREMENTS

The Federal Communications Commission has an¬
nounced that during the month of January 619 broadcast¬
ing stations were measured, with 58 not measured.

Of the number measured 492 had a maximum deviation
within 0-10 cycles; 107 within 11-25 cycles; 17 within
26-50 cycles, and 3 over 50 cycles.

CHANGE OF OWNERSHIP RECOMMENDED

The Beverly Hills Broadcasting Corporation, licensee
of Station KMPC, Beverly Hills, Calif., applied to the
Federal Communications Commission to transfer all of
the capital stock from the present holder, Pacific South¬
west Discount Corporation, to George A. Richards.

Examiner Ralph L. Walker, in Report No. 1-356, rec¬
ommended that the application be granted. The Exam¬

iner states that “the record discloses that the proposed
transferee is in all respects qualified to own and operate
a broadcast station and hence is likewise qualified to own
all of the stock of the licensee corporation. Consideration
of all of the facts leads to the conclusion that if the present
application is granted Station KMPC will serve public
interest as well or better than it does at the present time.”

SECURITIES ACT REGISTRATIONS

The following companies have filed registration state¬
ments with the Securities & Exchange Commission under
the Securities Act:

Pre-Cambrian Investments, Limited, Toronto, Canada. (2-
2797, Form A-l)

Crouch-Bolas Aircraft Corporation, Providence, R. I. (2-2798,
Form A-l)

Kennedy’s, Inc., Boston, Mass. (2-2799, Form A-l)

B. E. Hepler, et al., Trustees of Rio Grande Valley Gas Company,
Jersey City, N. J. (2-2800, Form F-l)

Investors Fund of America, Incorporated, New York City. (2-
2802, Form A-l)

The Casco Products Corporation, Bridgeport, Conn. (2-2803,
Form A-2)

Bondholders Committee for Republic of Colombia Dollar Bonds,
New York City. (2-2804, Form D-l)

Independence Fund of North America, Inc., New York City.
(2-2806, Form C-l)

Pennsylvania Water Company, Wilkinsburg, Pa. (2-2808, Form
A-2)

National Brush Company, Aurora, Ill. (2-2809, Form A-2)
American Discount Company of Georgia, Atlanta, Ga. (2-2811,
Form A-2)

United Goldfields Company, Reno, Nev. (2-2812, Form A-l)
Wyatt Metal & Boiler Works, Dallas, Tex. (2-2813, Form A-l)
Tokheim Oil Tank and Pump Company, Fort Wayne, Ind. (2-
2816, Form A-2)

Simplicity Pattern Co., Inc., New York City. (2-2817, Form
A-2)

The Superior Oil Company, Los Angeles, Calif. (2-2818, Form
A-2)

National Investors Corporation, New York City. (2-2819, Form
E-l)

Pennsylvania-Central Airlines Corporation, Pittsburg, Pa. (2-
2820, Form A-l)

Knudsen Creamery Co., of California, Los Angeles, Calif. (2-
2822, Form A-l)

Producers Corporation, Chicago, Ill. (2-2824, Form A-l)
Rochester Button Company, Rochester, N. Y. (2-2825, Form
A-2)

Divco-Twin Truck Company, Detroit, Mich. (2-2826, Form
A-2)

Mid-West Rubber Reclaiming Company, St. Louis, Mo. (2-
2827, Form A-2)

Utah Radio Products Company, Chicago, Ill. (2-2828, Form
A-l)

The Carpenter Steel Company, Reading, Pa. (2-2829, Form
A-2)

The Pharis Tire and Rubber Company, Newark, Ohio. (2-2830,
Form A-2)

FEDERAL TRADE COMMISSION ACTION
Complaints

The Federal Trade Commission has alleged unfair
competition in complaints 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.

No. 3051. A complaint has been issued against Lanteen Lab¬
oratories, Inc., 900 North Franklin St., Chicago, alleging unfair
competition in the sale in interstate commerce of medicinal prepara¬
tions and appliances for so-called feminine hygiene and other uses.

1947

Other respondents named are Lanteen Medical Laboratories,
Inc., 900 North Franklin St., Chicago; Medical Bureaus of
Information, 734 State Lake Building and 190 North State St.,
Chicago, 804 Industrial Bank Building, Detroit, and 161 Wis¬
consin Ave., Milwaukee; and Rufus Riddlesbarger, 1224 Pratt
Boulevard, Chicago, an official of the two Lanteen companies.

Medical Bureaus of Information is said to be operated by Lan¬
teen Medical Laboratories, Inc., to advertise and distribute in¬
formation regarding the products of Lanteen Medical Laboratories,
Inc., and Lanteen Laboratories, Inc.

In this advertising matter, the respondents’ products are alleged
to have been represented, directly and by implication, as safe,
competent and effective cures and preventatives.

No. 3052. Unfair competition in the sale of women’s hand
bags is alleged in a complaint issued against Morris White Mfg.
Co., Inc., New York and Bridgeport, Conn., and Stylecraft
Leather Goods Co., Inc., New York and Scranton, Pa. Both
companies are under a single ownership and management and have
their offices at 362 Fifth Avenue, New York.

Representations of the respondents are alleged to have misled
purchasers into believing that certain articles were patented and
that others were made of glove leather, when these were not the
facts.

Nos. 3053-3054. Two Chicago firms, one dealing in rotary
clocks and other merchandise, and the other selling hosiery, are
named respondents in complaints alleging unfair competition
through use of lottery methods in connection with the sale of
their products.

One complaint charges that National Manufacturers Dis¬
tributing Co., 1420 South Halsted St., Chicago, distributes to
its representatives sales outfits accompanied by pushcards bearing
feminine names, and that the purchaser of a chance who selects a
name corresponding to that concealed elsewhere on the card is
given a rotary clock as a premium. According to the complaint,
the pushcard contains disks concealing numbers, and bears printed
instructions informing customers that “Nos. 1 to 29 pay what you
draw. Over 29 pay only 29 cents.” Under such a sales plan, the
complaint alleges, the fact as to whether a customer pays from
1 to 29 cents for a clock and whether he receives nothing for the
amount paid is determined wholly by lot or chance.

The respondent in the other complaint, W. A. Leith, trading
as Style Silk Co., S29 South Franklin St., Chicago, is alleged to
use substantially the same pushcard method in the sale of silk
hosiery, except that some of the numbers on the card he dis¬
tributes are “free” draws, the cost of a chance ranges from 1 to IS
cents, and the premium awarded is one or more pairs of hosiery.

No. 3055. Van-Tage Medicine Company, Inc., 1265 North
Vermont Ave., Los Angeles, and its president, G. H. Mosby, are
charged in a complaint with misrepresenting the therapeutic value
of a medicinal preparation designated “Van-Tage”.

In advertising matter and in radio broadcasts, the respondents
are alleged to have falsely represented, among other things, that
their preparation will throw off the poisons that foster stomach
trouble and will permit the kidneys and liver to function properly;
that within ten minutes it will stop gas and pains and will relieve
backaches and bladder irritation ; that it will give complete relief
from indigestion, shortness of breath and dyspepsia ; that it will
relieve the causative factors of rheumatism and neuritis, and will
clear up skin eruptions caused by impurities in the organs. Ac¬
cording to the complaint, “Van-Tage” is not a satisfactory or
competent remedy, cure or treatment for any of these conditions
or ailments.

No. 3056. A Sioux City, Iowa, candy firm is charged in a
complaint with unfair competition through sale of its products by
means of a lottery. The respondents are Winifred Sorenson
and Edward Beales, trading as Sorenson-Beales Candy Co.

Employing the push-card method of selling, the respondents are
alleged to have placed in the hands of others the means of con¬
ducting lotteries in the sale of the respondents’ products.

Stipulations and Orders

The Commission has issued the following cease and desist orders
and stipulations:

Nos. 2688-2747. Orders to cease and desist have been issued
requiring two candy companies selling their products in interstate
commerce to discontinue lottery methods in such sale. The re¬
spondents, York Caramel Co., College Ave. and Oak Lane, York,
Pa., and George Close Co., 243 Broadway, Cambridge, Mass.,
were found to have violated Section 5 of the Federal Trade Com¬
mission Act.

The orders direct the respondents to stop distributing to jobbers
and wholesalers candy so packed and assembled that its sales to the

public are to be made or may be made by means of a lottery,
gaming device, or gift enterprise.

No. 2780. Under an order entered, Charles R. Luce, trading
as Luce & Co., 350 Mercer St., Jersey City, N. J., is directed to
desist from selling candy so packed and assembled that sales to
ultimate purchasers are to be made, or may be made, by means
of a lottery, gaming device, or gift enterprise.

The respondent is prohibited from assembling in the same assort¬
ment of candy pieces of uniform size and shape having centers of
different color, together with small packages of candy which are
to be given as prizes to purchasers procuring a piece of candy with
a center of a particular color. The order also bars him from
furnishing, either with assortments of candy or separately, display
cards bearing legends informing purchasers that the candy is being
sold to the public by lot or chance.

FTC CASES SETTLED

No. 2502. The Federal Trade Commission has dismissed its
complaint against Sterling Products, Inc., 170 Varick St., New
York City, manufacturing and selling, among other things,
Phillips’ Dental Magnesia and Danderine Hair Dressing.

The complaint alleged that Sterling Products, Inc., in violation
of Section 7 of the Clayton Act, had acquired the capital stock of
a competitor, The R. L. Watkins Co., Inc., New York City, manu¬
facturer of Dr. Lyon’s Tooth Powder and Glostora, a hair dressing.

The complaint was dismissed for the reason that the evidence
showed that purchase by the respondent corporation of the capital
stock of the competing company did not result in a substantial
lessening of competition or restraint of trade.

No. 2879. The Commission has issued an order settling its case
against The Nacor Medicine Co., 405 State Life Building, Indian¬
apolis, by acceptance of a stipulation.

Under a complaint issued by the Commission in July, 1936, this
company was charged with several misrepresentations, including
the assertion that “Nacor” and “Nacor Kaps” were effective
remedies or cures for asthma.

The stipulation was accepted for the purpose of closing without
prejudice the pending proceeding and avoiding the expense of trial.
The Commission reserved the right to reopen the case and resume
prosecution should the facts warrant.

Under its stipulation, the respondent company agrees to assume
all responsibility for testimonials it publishes and agrees not to
print testimonials containing representations that its medicine is
anything other than a relief from the paroxysms of asthma and
that it is a cure for tuberculosis, colds, or bronchitis.

No. 2922. Motion of Group Sales Corporation, 215 West
39th St., New York City, to set aside the findings as to the facts
and conclusion and order to cease and desist entered against it
January 23, 1937, has been granted by the Commission. The
Commission’s complaint against the respondent corporation charges
unfair methods of competition in connection with the sale of silk
and rayon piece goods.

The Commission further ordered that the respondent corpora¬
tion’s stipulation as to the facts and motion to withdraw its
answer and substitute answer, dated December 15, 1936, be
stricken from the record, that the original answer, dated October 2,
1936, be reinstated into the record and the case proceed to trial
in accordance with the Commission’s regular procedure.

FEDERAL COMMUNICATIONS COMMISSION
ACTION

HEARING CALENDAR

The following broadcast hearings are scheduled at the Com¬
mission for the week beginning Monday, February 22.

Tuesday, February 23
HEARING BEFORE AN EXAMINER
(Broadcast)

NEW — Radio Enterprises, Inc., Hot Springs, Ark. — C. P., 1310 kc.,
100 watts, daytime.

NEW — Associated Arkansas Newspapers, Inc., Hot Springs, Ark. —
C. P., 1310 kc., 100 watts, daytime.

KTHS — Hot Springs Chamber of Commerce, Hot Springs, Ark. —
Voluntary assignment of license, 1040 kc., 10 KW, shares-
KRLD.

NEW- — Bay State Broadcasting Corp., Providence, R. I. — C. P.,
720 kc., 1 KW LS, limited time.

NEW— Walter H. McGenty, Rice Lake, Wis.— C. P., 1210 kc.,
250 watts, daytime.

1948

Wednesday, February 24

HEARING BEFORE AN EXAMINER
(Broadcast)

NEW _ Paul B. McEvoy, Publisher, Hobart Democrat-Chief,

Hobart, Okla. — C. P., 1420 kc., 100 watts, daytime.

Thursday, February 25

ORAL ARGUMENT BEFORE THE BROADCAST
DIVISION

Examiner’s Report No. 1-311:

KIT — Carl E. Haymond, Yakima, Wash. — C. P., 1250 kc., 250
watts, 500 watts LS, unlimited time. Present assignment:
1310 kc., 100 watts, 250 watts LS, unlimited time.

Examiner’s Report No. 1-323:

KFPM — Voice of Greenville, Greenville, Tex. — C. P., 1420 kc., 100
watts, daytime. Present assignment: 1310 kc., 15 watts,
specified hours.

Examiner’s Report No. 1-325:

NEW — The Times Publishing Co., St. Cloud, Minn.— C. P., 1420
kc., 100 watts, unlimited time.

NEW — Michael F. Murray, St. Cloud, Minn.— C. P., 560 kc., 500
watts, daytime.

Examiner’s Report No. 1-337:

WOAI — Southland Industries, Inc., San Antonio, Tex. — Transfer
of control of corporation; 1190 Itc., 50 KW, unlimited time.

Friday, February 26

HEARING BEFORE AN EXAMINER
(Broadcast)

KFXR — Exchange Avenue Baptist Church of Oklahoma City,
Oklahoma City, Okla. — Renewal of license, 1310 kc., 100
watts, 250 watts LS, unlimited time.

KFXR — Exchange Avenue Baptist Church of Oklahoma City,
Oklahoma City, Okla. — Voluntary assignment of license;
1310 kc., 100 watts, 250 watts LS, unlimited time.

NEW — Frontier Broadcasting Co., Cheyenne, Wyo. — C. P., 1420
kc., 100 watts, 250 watts LS, unlimited time.

APPLICATIONS GRANTED

KBPS — Benson Polytechnic School, R. T. Stephens, Agt., Portland,
Ore. — Granted C. P. to make changes in equipment.

WBRC — Birmingham Broadcasting Co., Inc., Birmingham, Ala. —
Granted C. P. to install new transmitter and vertical antenna
and increase day power from 1 KW to 5 KW.

NEW — Southeastern Broadcasting Co., Inc., Portable. — Granted
C. P. for new low frequency relay broadcast station; 1622,
2058, 2150 and 2790 kc., 25 watts.

NEW — Stromberg Carlson Tel. & Mfg. Co., Portable. — Granted
C. P. for new low frequency relay broadcast station; fre¬
quencies 1606, 2022, 2102, 2758 kc., 100 watts.

KRRV — Red River Valley Broadcasting Corp., Sherman, Tex.—
Granted license to cover C. P. authorizing changes in com¬
posite equipment and increase in day power from 100 watts
to 250 watts.

WSMA — WSMB, Inc., Portable.— Granted license to cover C. P.
of relay broadcast station ; frequencies 1606, 2022, 2102,
2758 kc., 40 watts.

KGKB — East Texas Broadcasting Co., Tyler, Tex. — Granted
license to cover C. P. authorizing changes in equipment and
increase in power and hours of operation from 100 watts
night and day, unlimited, day, specified hours night, to
100 watts night, 250 watts day, unlimited time.

WSMC — WSMB, Inc., Portable. — Granted license to cover C. P.
for relay broadcast station; frequencies 1606, 2022, 2102
and 2758 kc., 40 watts.

WTAG — Worcester Teleg. Pub. Co., Inc., Worcester, Mass. —
Granted license to cover C. P. authorizing move of trans¬
mitter site, installation of directional antenna system, and
increase in power from 500 watts, unlimited time, to 1 KW,
unlimited time, employing directional antenna system for
both day and night time operation.

WCNW — Arthur Faske, Brooklyn, N. Y. — Granted modification of
license to extend commencement date to 4-1-37 and com¬
pletion date to 10-1-37.

KFSD — Airfan Radio Corp., Ltd., San Diego, Calif. — Granted re¬
newal of license for period March 1 to Sept. 1, 1937.

KSFO — The Asso. Broadcasters, Inc., San Francisco, Calif. —
Granted renewal of license for period March 1 to September
1, 1937.

KADA — C. C. Morris, Ada, Okla. — Granted modification of license
authorizing change in studio location.

National Broadcasting Co., Inc., New York City. — Granted ex¬
tension of authority to transmit programs to Canadian
stations CFCF and CRCT and the Canadian Radio Broad¬
casting Commission.

NEW — Allen T. Simmons, Portable-Mobile. — Granted C. P. for
new high frequency relay broadcast station ; frequencies
31100, 34600, 37600 and 40000 kc., 100 watts.

W8XIQ — The WGAR Broadcasting Co., Mobile, Cleveland, Ohio.
— Granted C. P. for changes in equipment and increase in
power from 35 watts to 100 watts.

RENEWAL OF LICENSES

The following stations were granted renewal of licenses for the
regular period:

KEHE, Los Angeles, Calif.; KFDY, Brookings, S. Dak.; KFNF,
Shenandoah, Iowa; KFRC, San Francisco, Calif., and auxiliary;
KFYR, Bismarck, N. Dak.; KHJ and auxiliary, Los Angeles;
KHQ, Spokane, Wash.; KLZ, Denver; KOMO, auxiliary, Seattle,
Wash.; KVI, Tacoma, Wash.; WAAF, Chicago; WBAA, W.
Lafayette, Ind.; WBEN, Buffalo, N. Y., and auxiliary; WCAO
and auxiliary, Baltimore; WDBO, Orlando, Fla.; WEAN, Provi¬
dence, R. I.; WEEI, Boston; WFLA-WSUN, St. Petersburg, Fla.;
WGBF, Evansville, Ind.; WGBI, Scranton, Pa.; WGR, Buffalo,
N. Y.; WGST, Atlanta, Ga.; WIP, Philadelphia; WJAR, Provi¬
dence, R. I.; WJAR auxiliary, Providence, R. I.; WKBN, Youngs¬
town, Ohio; WKY, Oklahoma City, Okla.; WKZO, Kalamazoo,
Mich.; WMMN, Fairmont, W. Va.; WMT, Cedar Rapids, Iowa;
WOW, Omaha, Nebr.; WQAN, Scranton, Pa.; WSPA, Spartan¬
burg, S. C.; WSYR-WSYU, Syracuse, N. Y.; WTAD, Quincy, Ill.;
WTAG, Worcester, Mass., and auxiliary; WTAR and auxiliary,
Norfolk, Va.; WTMJ, Milwaukee, Wis.; WWNC, Asheville, N. C.
W9XAG — The Journal Co. (Milwaukee Journal), Milwaukee,
Wis. — Granted renewal of facsimile broadcast station license.
W9XAF — The Journal Co. (Milwaukee Journal), Milwaukee,
Wis. — Granted renewal of facsimile broadcast station license.
W2XBH — Radio Pictures, Inc., Long Island City, N. Y. — Granted
renewal of facsimile broadcast station license.

SET FOR HEARING

NEW — Press-Union Publishing Co., Atlantic City, N. J. — Appli¬
cation for C. P. for new station; 1200 kc., 100 watts, day¬
time.

NEW — Frank M. Stearns, Salisbury, Md. — Application for C. P.

for new station; 1200' kc., 250 watts, daytime only.
KTEM — Bell Broadcasting Co., Temple, Tex. — Application for
C. P. to make changes in equipment; change power and
hours of operation to 100 watts night, 250 watts day, un¬
limited time.

NEW — G. Kenneth Miller, Tulsa, Okla. — Application for C. P. for
new station; 1310 kc., 100 watts, unlimited time.

NEW — Summit Radio Corp., Akron, Ohio. — Application for C. P.
for new special broadcast station; 1530 kc., 1 KW, un¬
limited time.

NEW — Arlington Radio Service, Inc., Arlington, Va. — Applica¬
tion for C. P. for new station; 850 kc., 250 watts, daytime
only.

NEW — Clark Standiford and L. S. Coburn, Fremont, Nebr. —
Application for C. P. for new station; 1420 kc., 100 watts,
unlimited time.

NEW — George W. Young, St. Paul, Minn. — Application for C. P.
for new station ; 920 kc., 1 KW night, 5 KW day, directional
antenna at night, unlimited time.

NEW — John C. Hughes, Phoenix City, Ala. — Application amended
for C. P. to erect new station to operate on 1310 kc., 100
watts, daytime only, site to be determined.

KFXM — J. C. Lee and E. W. Lee, Lee Bros. Broadcasting Co.,
San Bernardino, Calif. — Application for C. P. to move trans¬
mitter locally to site to be determined with Commission’s
approval; install new equipment and vertical radiator;
increase day power from 100 watts to 250 watts.

KGFJ — Ben S. McGlashan, Los Angeles, Calif. — Application for
C. P. to move transmitter site to site to be determined with
Commission’s approval; install new equipment; install an¬
tenna to comply with Rule 131; change frequency from

1949

1200 kc. to 1170 kc.; increase power from 100 watts to
250 watts night, 500 watts day. To be heard before the
Broadcast Division.

NEW — Philadelphia Radio Broadcasting Co., Philadelphia, Pa. —
Application for C. P. for new special station; 1570 kc.,
1 KW, unlimited, exact transmitter site to be determined
subject to Commission’s approval.

NEW — Archie E. Everage, Andalusia, Ala. — Application for C. P.
for new station; 1310 kc., 100 watts night, 250 watts day,
unlimited.

WHK — Radio Air Service Corp., Cleveland, Ohio. — Application
for modification of license to increase day power from 2J4
to 5 KW.

KGDY — Voice of South Dakota, Huron, S. Dak. — Application for
authority to transfer control of the Voice of South Dakota
(KFDY), Huron, S. Dak., from F. Koren, Robert J. Dean
and M. W. Plowman, to Greater Kempeska Radio Corp.

SPECIAL AUTHORIZATIONS

KSFO — The Associated Broadcasters, Inc., San Francisco, Calif. —
Granted extension of special temporary authority to operate
a mobile 100-watt transmitter on 560 kc. between the hours
of 1 and 6 a. m., PST, for the period February 15 to Feb¬
ruary 21, 1937, in order to make transmitter site survey.

WOPI — Radiophone Broadcasting Station WOPI, Inc., Bristol.
Tenn. — Granted special temporary authorization to operate
a 100- watt portable transmitter on 1500 kc. between the
hours of 12 midnight and 6 a. m., for a period not to exceed
30 days, in order to make field intensity survey tests.

WGBF — Evansville on the Air, Inc., Evansville, Ind. — Granted
special temporary authority to operate with power of 300
watts while installing rectifier as authorized under C. P., for
the period not to exceed 30 days.

WFIL — WFIL Broadcasting Co., Philadelphia, Pa.— Granted ex¬
tension of special temporary authority to operate on 560 kc.,
with 1 KW at night, during month of March, 1937, pending
filing of and action on license application to cover C. P.
for this authority.

KQV— KQV Broadcasting Co., Pittsburgh, Pa.— Granted special
temporary authorization to operate simultaneously with
station WSMK from 10 p. m. to 12 midnight, EST, Feb¬
ruary 17, 1937, in order to broadcast Pittsburgh Red Cross
Boxing Show for flood relief.

KAAJ — KGEL, Inc., San Angelo, Tex. — Granted special temporary
authority to operate a mobile relay broadcast transmitter
on a frequency of 2102 kc. on February 26, March 5, 12,
and 19, 1937, for relaybroadcast from stock pens auction
sale.

KAAJ — KGEL, Inc., San Angelo, Tex. — Granted special temporary
authority to operate a mobile relay broadcast transmitter on
a frequency of 2102 kc. from March 6 to 9, 1937, inclusive,
for relaybroadcast from local Fat Stock Show.

WKBV — Knox Radio Corp., Richmond, Ind. — Granted special
temporary authority to operate from 10 to 11 p. m., CST,
March 4; from 12:30 to 6 p. m., CST, March 5, 6, 13, 20,
27, 1937, in order to broadcast high school basketball
tournaments.

WNAD — University of Oklahoma, Norman, Okla. — Granted special
temporary authority to operate from 2 to 4 p. m., CST,
March 1, 2, 3, 4, 8, 9, 10, 11, 15, 16, 17, 18, 22, 23 and 31;
also from 9:15 to 10:30 p. m., March 11; and 2 to 5 p. m„
CST, March 12, 1937 (provided KGGF remains silent), in
order to broadcast special educational programs.

KGGF — Powell and Platz, Coffeyville, Kans. — Granted special
temporary authority to operate from 8:15 to 9:15 p. m.,
CST, March 24; also from 7:15 to 9:15 p. m„ CST, March
25 and 30 (provided WNAD remains silent), in order to
observe Easter vacation.

WRVA — Larus & Bro. Co., Inc., Richmond, Va. — Granted special
temporary authority to operate a 50-watt portable trans¬
mitter on 1140 kc. in the area approximately 16 miles
southeast of Richmond, Va., along and near the James River,
from 7 a. m. to 1 hour before local sunset (February sun¬
set, 5:45 p. m., EST; March sunset, 6:15 p. m., EST), for
a period not to exceed 30 days, in order to make site sur¬
veys. Such tests, however, not permitted during hours
prescribed for Commission monitoring schedule.

WLBC — Donald A. Burton, Muncie, Ind. — Granted special tem¬
porary authority to operate simultaneously with station
WTRC from 6 to 7:30 p. m., CST, March 2, 4, 5, 6, 13,
20 and 27, 1937, for the purpose of broadcasting basketball
games; also operate simultaneously with WTRC from 7:30

to 10 p. m., CST, March 7, 14 and 21, 1937, in order to
broadcast service from St. Mary’s Church.

APPLICATIONS DISMISSED

The following applications, heretofore set for hearing, were dis¬
missed at request of applicants:

WDNC — Durham Radio Corp., Durham, N. C. — C. P., 590 kc.,
1 KW, unlimited time.

NEW — Broadus McSwain, d/b as The Voice of the Times, Raleigh,
N. C. — C. P., 1210’ kc., 100 watts, daytime.

NEW — Ogdensburg Pub. Co., Inc., Ogdensburg, N. Y.— C. P.,
1500 kc., 100 watts, unlimited time.

RATIFICATIONS

The Commission ratified the following acts authorized on the
dates shown:

KHAAE — Columbia Broadcasting System, Inc., New York City. —
Granted authority to operate American Airlines station, 50
watts, 2830 kc., connection short wave broadcast from
plane flying in vicinity of Cincinnati.

W8XIR-WAAQ — WGAR Broadcasting Co., Cleveland, Ohio. —
Granted authority to operate as licensed 2-17-37 to 3-17-37,
relaybroadcast interview school children.
WAAK-W4XBT-W4XBZ — WSOC, Inc., Charlotte, N. C.— Granted
authority to operate as licensed on Tuesdays for period of
30 days from February 16, to relaybroadcast industries and
other important points, provided wire facilities not avail¬
able.

WTFI — Liberty Broadcasting Co., Athens, Ga. — Granted special
temporary authority to operate a 100-watt test transmitter
on 1450 kc. in Atlanta between the hours of 12 midnight
and 6 a. m. for the period February 8 to February 17, in
order to make field intensity survey tests.

WJBW — Chas. C. Carlson, New Orleans, La. — Granted special
temporary authority to use transmitting equipment of
WBNO for period not exceeding 30 days, pending repairs
to WJBW’s transmitter which was damaged by fire.

KAAS — Transcontinental & Western Air, Inc., Washington, D. C. —
Granted special temporary authority to operate regularly
licensed aircraft transmitter KHART aboard Douglas Type
plane, as relaybroadcast station on 1 day from February 13
to 20, inclusive, on frequencies 2790 and/or 2150 kc,. plane
flying over Los Angeles, connection with demonstrations of
special shielded loop antenna developed to be broadcast
over CBS national hookup; frequencies 2790 kc. and/or
2150 kc., 80 watts.

The Broadcast Division granted the petition by the Ohio Broad¬
casting Company to intervene in the proceedings upon the applica¬
tion of the Sharon Herald Broadcasting Co. for C. P. for new
station at Sharon, Pa., Docket No. 4201.

The Broadcast Division, in the exercise of its discretion under
Rule 103.3, refused to accept the amendment, involving a change
in equipment, to the application of WFTX, Inc., Docket No. 4365.

ORAL ARGUMENTS

Oral arguments were granted, to be held April 8, 1937, in the
following cases:

Ex. Rept. No. 1-338, Harmon Leroy Stevens and Herman Leroy
Stevens, d/b as Port Huron Broadcasting Co., Port Huron, Mich.;
Ex. Rept. No. 1-339, WMAS, Inc., Springfield, Mass.; and Ex.
Rept. No. 1-341, Dallas Broadcasting Co., Dallas, Tex.

ACTION ON EXAMINER’S REPORTS

NEW — Ex. Rept. No. 1-273: Albert Lea Broadcasting Corp., Albert
Lea, Minn. — Granted C. P. for new broadcast station to
operate on 1200 kc., 100 watts, daytime only. Site to be
determined subject to Commission’s approval. Examiner
R. H. Hyde sustained. Order effective March 23, 1937.
NEW — Winona Radio Service, Winona, Minn. — Granted C. P. for
new broadcast station to operate on 1200 kc., 100 watts,
daytime only. Site to be determined subject to Commis¬
sion’s approval. Examiner R. H. Hyde sustained. Order
effective March 23, 1937.

KHSL — Ex. Rept. No. 1-340: Golden Empire Broadcasting Co.,
Chico, Calif. — Granted modification of license to change
frequency from 950 kc. to 1260 kc.; change power from
250 watts day to 250 watts night, 250 watts day; and
increase hours of operation from daytime to unlimited.
Examiner R. H. Hyde sustained. Order effective March 23,
1937.

1950

MISCELLANEOUS

Geraldine Alberghane, Pawtucket, R. I. — Waived Rule 104.6(b)
and accepted appearance in Docket 4387, being an appli¬
cation for a new station at Pawtucket, R. I., to operate on
720 kc„ 1 KW, unlimited time. Respondents allowed to file
answers within 10 days of the mailing of notices of this
action.

Hildreth & Rogers Co., Pawtucket, R. I— Denied petition asking
Commission to cancel hearing of application of Geraldine
Alberghane and to deny application.

E. Anthony & Sons, Inc., Pawtucket, R. I— Granted petition to
intervene at hearing of application of Geraldine Alberghane.

WGN — WGN, Inc., Chicago, Ill. — Granted request that hearing
on application of Geraldine Alberghane, scheduled for Feb¬
ruary 23, 1937, be continued indefinitely. Decided to hear
Alberghane case before Broadcast Division.

WGBI — Scranton Broadcasters, Inc., Scranton, Pa. — Granted peti¬
tion asking authority to intervene at hearing of application
of Lou Poller for a permit to erect a new radio station at
Scranton, to operate on 13701 kc., 250 watts, daytime.

Paul B. McEvoy, Hobart, Okla. — Denied petition to reconsider
and grant without a hearing application for C. P. to erect
a new station in Hobart, Okla., to operate on 1420 kc., 100
watts, daytime only.

KGB — Don Lee Broadcasting System, San Diego, Calif. — Denied
petition to reconsider and grant without a hearing applica¬
tion for authority to increase day power from 1 to 5 KW.

WGN — WGN, Inc., Chicago, Ill. — Denied motion asking hearing
in Docket No. 4128, scheduled for February 23, 1937, be
continued indefinitely. This is an application of Bay State
Broadcasting Corp. for a permit to erect and operate a new
radio station at Providence, R. I., using 720 kc., 1 KW LS.
WGN, Inc., is respondent in these proceedings as WGN is the
dominant clear channel station operating on 720 kc., SO KW.

Geraldine Alberghane, Pawtucket, R. I. — Accepted answer to ap¬
pearance of the Bay State Broadcasting Corp. case, Docket
4128.

John R. and Joe L. Peryatel and Richard K. Beauchamp, d/b as
Beryatel Bros., Raton, N. Mex. — Waived Rules 104.6(b)
and 105.25 and returned appearances filed 2 days late for
proper verification as required by Rule 105.25, in Docket
No. 4271, an application for C. P. for new station at Raton
to operate on 1210' kc., 100 watts, unlimited time, sched¬
uled to be heard March 8, 1937.

WABY — Adirondack Broadcasting Co., Albany, N. Y. — Granted
permission to intervene at hearing of application of Troy
Broadcasting Co. for C. P. for new radio station at Troy,
N. Y., to operate on 950 kc., 1 KW, daytime.

O. Lee Stone, Florence, S. C. — Reaffirmed grant for C. P. made
July 2, 1936, for new radio station to operate on 1200 kc.,
100 watts, daytime, which was suspended and set for hear¬
ing because of protest filed by Don Lee Broadcasting Co.
This protest has been withdrawn. Petition of WAIN for
right to intervene “in hearing of application of O. Lee
Stone, Docket 4112”, dismissed.

WLB — University of Minnesota, Minneapolis, Minn.; WCAL — St.
Olaf College, Northfield, Minn.— Dismissed motion to strike
the protests filed by KSTP, National Battery Broadcasting
Co., St. Paul, Minn., which was directed against action of
Commission of October 20, 1936, in granting, without a
hearing, the applications of WLB and WCAL.

APPLICATIONS RECEIVED
First Zone

WGR — Buffalo Broadcasting Corp., Buffalo, N. Y. — Modification

550 of construction permit (Bl-P-1189) to install new trans¬
mitter and antenna and increase power, requesting antenna
changes and move of approximately 500 feet at same
address.

WMCA — Knickerbocker Broadcasting Co., New York, N. Y. —

570 Modification of license to increase power of auxiliary trans¬
mitter from 500 watts to 1 KW.

WPRQ — Cherry & Webb Broadcasting Co., Providence, R. I. —

630 License to cover construction permit (Bl-P-790) for new
equipment and increase in power, using directional antenna.

WTBO — Associated Broadcasting Corp., Cumberland, Md. — Au-

800 thority to transfer control of corporation from Roger W.
Clipp and Frank V. Becker to Delaware Channel Corp., 250
shares common stock.

WGNY — Peter Goelet, Newburgh, N. Y. — License to cover con-
1210 struction permit (Bl-P-1166) as modified for changes in
equipment and move of studio and transmitter.

WHDL — Olean Broadcasting Co., Inc., Olean, N. Y. — Modification
1400 of license to change name from Olean Broadcasting Co.,
Inc., to WHDL, Inc.

WKBW — Buffalo Broadcasting Corp., Buffalo, N. Y. — Construc-
1480 tion permit to make changes in antenna and move trans¬
mitter approximately 25 feet at same address. (This is a
request to use WGR’s antenna.)

WNBF — Howitt-Wood Radio Co., Inc., Binghamton, N. Y. — Con-
1500 struction permit to make changes in equipment and increase
day power from 100 watts to 250 watts.

W10XED — National Broadcasting Co., Inc., Mobile. — License to
cover construction permit for increase in operating power
to 25 watts.

W10XGG — National Broadcasting Co., Inc., Mobile. — License to
cover construction permit for increase in operating power
to 25 watts.

W10XCH — National Broadcasting Co., Inc., Mobile. — License to
cover construction permit for increase in operating power
to 25 watts.

W10XV — National Broadcasting Co., Inc., Mobile. — License to
cover construction permit for increase in operating power
to 25 watts.

NEW — Knickerbocker Broadcasting Co., Inc., Flushing, N. Y. —
Construction permit for a new high frequency broadcast
station to be operated on 26550 kc., 100 watts, unlimited
time.

Second Zone

NEW — Petersburg Newspaper Corp., Petersburg, Va. — Construc-
1210 tion permit for a new station to be operated on 1370 kc.,
100 watts, daytime. Amended to change frequency from
1370 kc. to 1210 kc., power from 100 watts to 100 watts
night, 250 watts daytime, hours of operation from daytime
to specified hours, and make changes in equipment. Re¬
quests facilities of WMBG.

WKOK — Sunbury Broadcasting Corp., Sunbury, Pa. — Construc-
1210 tion permit to make changes in equipment; install vertical
antenna; increase power from 100 watts to 100 watts night,
250 watts day; move transmitter from 1150 No. Front
Street, Sunbury, Pa., to site to be determined, Sunbury, Pa.
WBAX — John H. Stenger, Jr., Wilkes-Barre, Pa. — License to cover
1210 construction permit (B2-L-543) for a new transmitter.
NEW — West Virginia Newspaper Publishing Co., Clarksburg,
1250 V/. Va. — Construction permit for a new station to be op¬
erated on 1250 kc., 1 KW, daytime.

NEW — Great Lakes Broadcasting Corp., Cleveland, Ohio. — Con-
1270 struction permit for a new station to be operated on 1270
kc., 1 KW night, 5 KW daytime, unlimited time. To use
directional antenna day and night. Amended to give exact
transmitter site as 6 miles southwest of Cleveland Public
Square, south of Biddulph Road, between Ridge Road and
West 117th St., Brooklyn Township, Ohio.

WSAJ — Grove City College, Grove City, Pa. — Modification of
1310 license to change specified hours and change studio site from
Main and Broad St., Grove City College, to Hall of Science,
Grove City College, Grove City, Pa.

NEW — George W. Taylor Co., Inc., Williamson, W. Va. — Con-
1370 struction permit for a new station to be operated on 1210
kc., 100 watts, daytime. Amended to change frequency
from 1210 kc. to 1370 kc. and make changes in equipment.
WHK — The Radio Air Service Corp., Cleveland, Ohio. — Modifica-
1390 tion of license to increase night power from 1 KW to 5 KW
(5 KW day power requested by B2-ML-415).

WCHV — Community Broadcasting Corp., Charlottesville, Va. —
1420 Construction permit to make changes in transmitting equip¬
ment and install vertical antenna ; move transmitter from
Stony Point Road, Charlottesville, Va., to Charlottesville,
Va.

WHP — WHP, Inc., Harrisburg, Pa. — License to cover construction
1430 permit (B2-P-1239) for new antenna and move of trans¬
mitter.

NEW — Charleston Broadcasting Co., Charleston, W. Va. — Con¬
struction permit for a new high frequency broadcast station
to be operated on 26100 kc., 50 watts, unlimited time.
NEW — Charleston Broadcasting Co., Vicinity of Charleston, W. Va.
— Construction permit for a new relay broadcast station to
be operated on 31100, 34600, 37600, 40600 kc., 5 watts,
variable hours.

1951

NEW — Charleston Broadcasting Co., Vicinity of Charleston, W. Va.
—Construction permit for a new relay broadcast station to
be operated on 31100, 34600, 37600, 40600 kc., 5 watts,
variable hours.

Third Zone

WMC — Memphis Commercial Appeal, Inc., Memphis, Tenn. —
780 Voluntary assignment of license from Memphis Commercial
Appeal, Inc., to Memphis Commercial Appeal Co.

NEW — The Tribune Co., Tampa, Fla. — Construction permit for a
940 new station to be operated on 940 kc., 1 KW night, S KW
daytime, unlimited time. Amended to install directional
antenna for night use and for approval of transmitter site
at along Bayfront near Cypress Street, Tampa, Fla.

WJNO — Hazlewood, Inc., West Palm Beach, Fla. — Construction
1200 permit to make changes in equipment and increase power
from 100 watts to 2S0 watts. Amended to omit request for
increase in night power..

KGHI — Arkansas Broadcasting Co., Little Rock, Ark. — Modifica-
1200 tion of license to change power from 100 watts night, 2S0
watts daytime, to 250 watts day and night.

WGCM — WGCM, Inc., Mississippi City, Miss. — Authority to
1210 transfer control of corporation from Sam Gates to P. K.

Ewing, 280 shares common stock,

WFOY — Fountain of Youth Properties, Inc., St. Augustine, Fla.-—
1210 License to cover construction permit (B3-P-466) as modi¬
fied for a new station.

NEW — J. K. Patrick, Earl B. Braswell, Tate Wright, C. A. Row-
1310 land and A. Lynne Brannen, d/b as J. K. Patrick & Co.,
Athens, Ga. — Construction permit for a new station to be
operated on 1310 kc., 100 watts night, 250 watts daytime.
KFYO — Plains Radio Broadcasting Co., Lubbock, Tex. — License
1310 to cover construction permit (B3-P-1468) for new trans¬
mitter and antenna.

KTSM — Tri-State Broadcasting Co., Inc., El Paso, Tex. — License
1310 to cover construction permit (B3-P-1403) for changes in
equipment, increase in power, move of transmitter, and
authority to carry WDAH schedule on KTSM transmitter.
WSMB — WSMB, Inc., New Orleans, La. — Modification of con-
1320 struction permit (B3-P-1446) for new equipment, further
requesting equipment changes and move of transmitter from
Algiers Naval Station to Behrman Highway, New Orleans,
La., and extend commencement and completion dates.
WNBR — Memphis Broadcasting Co., Memphis, Tenn. — Authority
1430 to transfer control of corporation from Memphis Commer¬
cial Appeal, Inc., to Memphis Commercial Appeal Co., 200
shares common stock.

KPLC — Calcasieu Broadcasting (T. B. Lanford, R. M. Dean and
1500 L. M. Sepaugh), Lake Charles, La. — License to cover con¬
struction permit (B3-P-1407) as modified for new equip¬
ment, increase in daytime power, and move of transmitter.
KPLT — North Texas Broadcasting Co., Paris, Tex. — Construction
1500 permit to make changes in transmitting equipment and
antenna and increase power from 100 watts to 250 watts.
KGFI — Eagle Broadcasting Co., Inc., Corpus Christi, Tex. — Modi-
1500 fication of construction permit (B3-P-1056) for new equip¬
ment; move of transmitter, requesting authority to make
changes in equipment; move studio and transmitter from
Corpus Christi, Tex., to Brownsville, Tex., and extend
commencement and completion dates.

W4XBS — Memphis Commercial Appeal, Inc., Mobile. — Voluntary
assignment of license from Memphis Commercial Appeal,
Inc., to Memphis Commercial Appeal Co.

WABG — Memphis Commercial Appeal, Inc., Mobile. — Voluntary
assignment of license from Memphis Commercial Appeal,
Inc., to Memphis Commercial Appeal Co.

W4XCX — Stuart Broadcasting Corp., Knoxville, Tenn. — License
to cover construction permit for a new relay broadcast
station.

W4XCA— Memphis Commercial Appeal, Inc., Memphis, Tenn. —
Voluntary assignment of license from Memphis Commer¬
cial Appeal, Inc., to Memphis Commercial Appeal Co.

NEW — Southeastern Broadcasting Co., Inc., Portable. — Construc¬
tion permit for a new relay station to be operated on 1622,
2058, 2150, 2790 kc., 30 watts. Amended to change power
from 30 watts to 25 watts.

Fourth Zone

NEW — Northwest Publications, Inc., Duluth, Minn. — Construc-
580 tion permit for a new station to be operated on 920 kc.,
250 watts, daytime. Amended to change frequency from
920 kc. to 580 kc.

WDGY — Dr. George W. Young, Minneapolis, Minn. — Modification
1180 of construction permit (B4-P-1420) for a new transmitter,
requesting extension of commencement and completion dates.
WSAU — Northern Broadcasting Co., Inc., Wausau, Wis. — License
1370 to cover construction permit (B4-P-725) as modified for a
new station.

WDWS — Champaign News-Gazette, Inc., Champaign, Ill. — License
1370 to cover construction permit (B4-P-475) as modified for a
new station.

NEW — L. L. Coryell, Sr., and L. L. Coryell, Jr., d/b as L. L.
1450 Coryell & Son, Lincoln, Nebr. — Construction permit for a
new station to be operated on 1450 kc., 250 watts night,
500 watts daytime, unlimited time.

NEW — -Gerald A. Travis, La Porte, Ind. — -Construction permit for
1500 a new station to be operated on 1500 kc., 100 watts night,
250 watts daytime, unlimited time.

Fifth Zone

KJBS — Julius Brunton & Sons Co., San Francisco, Calif. — License
1070 to cover construction permit (B5-P-1270) for changes in
antenna, and move of studio and transmitter.

KOB — Albuquerque Broadcasting Co., Albuquerque, N. Mex. —
1180 Modification of construction permit (B5-P-1492) to install
new transmitter, requesting changes in authorized equipment.
KTFI — Radio Broadcasting Corp., Twin Falls, Idaho. — Modifica-
1240 tion of license to change power from 500 watts night, 1 KW
daytime, lo 1 KW day and night.

KTFI — Radio Broadcasting Corp., Twin Falls, Idaho. — Extension
1240 of special experimental authorization to operate with power
of 1 KW (night) for period from 10-1-36 to 4-1-37.
Amended to change period of time from 4-1-37 to 10-1-37.
KSLM — Oregon Radio, Inc., Salem, Ore. — Construction permit to
1370 make changes in equipment and change frequency from
1370 kc. to 1110 kc., also change power from 100 watts to
500 watts.

KRE— Central California Broadcasters, Inc., Berkeley, Calif. —
1370 Construction permit to install a new transmitter and an¬
tenna; change frequency from 1370 kc. to 1440 kc., power
from 100 watts night, 250 watts day, to 1 KW ; and move
studio and transmitter locally. Amended to change re¬
quested power from 1 KW to 500 watts night, 1 KW day¬
time.

NEW — Gallatin Radio Forum, Bozeman, Mont.— Construction
1420 permit for a new station to be operated on 1420 kc., 250
watts, daytime.

1952

The National Association of Broadcasters

NATIONAL PRESS BUILDING ★ * * * * WASHINGTON, D. C.

JAMES W. BALDWIN, Managing Director

NAB REPORTS

Copyright, 1937. The National Association of Broadcasters

WASHINGTON RADIO HIGHLIGHTS

Five-year licenses for broadcasting stations proposed
by Congressman Anderson of Missouri * * * * “There
will be a reallocation,” said Chairman Prall of the FCC
when testifying before the Senate Appropriations Com¬
mittee on February 12 * * * * When Senator Byrnes
(South Carolina) said, “I hope you will not authorize
those 500,000-watt superstations without the most careful
consideration, because it will injure the local stations,”
Mr. Prall replied, “We will not, Senator” * * * *
Printed record of hearings disclose also the FCC Chair¬
man’s belief that if the Commission “were authorized
under the Act to quiet a station or delete it for a tem¬
porary period, if we might close the station for two weeks
for a violation, or a month, or six months, it would have
a salutary effect on the industry as a whole” * * * *
Mr. Prall also said he thought it would be desirable to
have authority as to programs and the direction of
broadcast stations with respect to the use of the time they
are selling advertisers * * * * Question of license fees
was raised by Senators Green (Rhode Island) and Mc-
Adoo (California), and Chairman Prall said, “To be
equitable we could only do it, in my opinion, on the
basis of income” * * * * “It would be like an income
tax,” he said * * * * Chairman Prall sustained the view
expressed by Senators Glass (Virginia) and McAdoo that
it is not for the Commission “to tell a man he should or
should not pay a certain price for a station.”

BILL FOR FIVE-YEAR LICENSES

Representative Anderson of Missouri on Wednesday
introduced a bill in the House “to prescribe five-year
minimum terms for broadcasting licenses.” The bill is
as follows:

That section 307(d) of the Communications Act of
1934 is hereby amended to read as follows:

“(d) No license granted for the operation of a broad¬
casting station shall be for a shorter term than five years
and no license so granted for any other class of station
shall be for a longer term than five years, and any license
granted may be revoked as hereinafter provided. Upon
the expiration of any license, upon application therefor, a
renewal of such license may be granted from time to time
for a term of not less than five years in the case of broad¬
casting licenses and not to exceed five years in the case

Vol. 5 - - No. 9
FEB. 25, 1937

of other licenses, but action of the Commission with refer¬
ence to the granting of such application for the renewal
of a license shall be limited to and governed by the same
considerations and practice which affect the granting of
original applications.”

Sec. 2. The amendments made by section 1 of this Act
shall not apply to any broadcasting license in force on
the date of enactment of this Act until it expires pursuant
to the provisions of section 307(d) of the Communica¬
tions Act of 1934 as in force prior to such date.

(Ed. Note — There is no issue less controversial among
our membership. Enactment of this bill would greatly
increase the stability of the industry. That, we believe,
would be in the public interest .)

RADIO AMENDMENT REPORTED

The House Committee on Interstate and Foreign Com¬
merce on Wednesday made a favorable report on H. R.
3898 providing for an amendment to the Communica¬
tions Act of 1934 which would amend section 318 of the
Act in connection with radio operators. The committee
reported the bill with some minor amendments. The bill
as it was reported by the committee and recommended
for passage is as follows:

“Sec. 318. The actual operation of all transmitting
apparatus in any radio station for which a station license
is required by this Act shall be carried on only by a per¬
son holding an operator’s license issued hereunder, and no
person shall operate any such apparatus in such station
except under and in accordance with an operator’s license
issued to him by the Commission: Provided, however,
That the Commission if it shall find that the public inter¬
est, convenience or necessity will be served thereby may

IN THIS ISSUE

Page

Washington Radio Highlights . 1953

Bill for Five-Year Licenses . 1953

Radio Amendment Reported . 1953

Commission Denies Tri-State Petition . 1954

Famous-Dorana Radio Productions . 1954

Your Personal Problem Clinic . 1954

Mutual Benefit Managers’ Radio Campaign . 1954

A. F. A. Meets in June . 1954

Recommends No Changes for KWBG . 1954

Power Increase Recommended for WCOA . 1954

Recommends Denying California Station . 1954

Federal Trade Commission Action . 1955

Federal Communications Commission Action . 1958

1953

waive or modify the foregoing provisions of this section
for the operation of any station except (1) stations for
which licensed operators are required by international
agreement, (2) stations for which licensed operators are
required for safety purposes, (3) stations engaged in
broadcasting, and (4) stations operated as common car¬
riers on frequencies below thirty thousand kilocycles:
Provided, further, That the Commission shall have power
to make special regulations governing the granting of
licenses for the use of automatic radio devices and for the
operation of such devices.”

COMMISSION DENIES TRI-STATE
PETITION

The Federal Communications Commission sitting en
banc on Wednesday denied the petition of the Tri-State
Broadcasting Company for a rehearing in the application
of Dorrance D. Roderick for authority to establish a new
broadcasting station at El Paso, Texas, using 1500 kilo¬
cycles, 100 watts power, unlimited time on the air. Com¬
missioner Stewart dissented.

FAMOUS-DORANA RADIO PRODUCTIONS

The Famous-Dorana Radio Productions of Chicago,
Illinois, manufactures an electrically transcribed library
service for lease to radio broadcasting stations. The
license agreement offered to stations should be studied
carefully. Section 2 of their agreement reads as follows:
“All selections in the library are fully tax paid, and the
station may use any selection on either sustaining or
sponsored local broadcast without additional payment of
tax or fee; it being understood that the station shall send
a list of all selections, used on sponsored local radio
broadcasts during the first six months, to the producer.”

A member who questioned Famous-Dorana concerning
this provision is now advised by letter dated February 15,
1937, and signed by Daryl C. Doran, as follows: “A radio
station must hold a performing license from ASCAP
before the station can use our transcriptions. We hold
a license to make the recordings but not a performing
license.

“I understand that a radio station pays a percentage
of their gross net income (or some such basis) which
gives them the right to use all ASCAP music as often
as they wish, either from records, transcriptions, or with
live talent. . .

YOUR PERSONAL PROBLEM CLINIC

And now Bernard Zissu of Radio Program Associates
offers to radio stations without cost a new fifteen-minute
transcribed program developed by the editors of Physical
Culture Magazine. Any station performing these tran¬
scriptions on any basis other than that specified in its

rate card is violating both the letter and the spirit of
paragraph 6 of the NAB Code of Ethics.

THE MUTUAL BENEFIT MANAGERS’
RADIO CAMPAIGN

It is reported that time for an insurance program may
be purchased at a 5 per cent discount. The discount is
said to be based on a confidential arrangement made by
the sponsors through its advertising agency.

This is called to the attention of members that they
may have the opportunity of doing a little policing per
paragraph 6 of the NAB Code of Ethics.

A. F. A. MEETS IN JUNE

The 33 rd Annual Convention of the Advertising Fed¬
eration of America will be held June 20th to 23rd, in¬
clusive, at the Hotel Pennsylvania, New York City.

RECOMMENDS NO CHANGES FOR KWBG

Broadcasting station KWBG, Hutchison, Kans., ap¬
plied to the Federal Communications Commission to
change its frequency from 1420 to 550 kilocycles, its
power increased from 100 to 250 watts, and that its
present unlimited time be left that way.

Examiner Melvin H. Dalberg, in Report No. 1-357,
recommended that the application be denied. The Ex¬
aminer states that “it appears from the record that while
the granting of this application would result in an increase
in the useful daytime service area which is sought as
coverage, the useful night-time service area (should the
station be operated as proposed) would be less than now
exists.”

POWER INCREASE RECOMMENDED FOR
WCOA

Broadcasting station WCOA, Pensacola, Florida, op¬
erating unlimited time on 1340 kilocycles, applied to the
Federal Communications Commission to increase its day¬
time power from 500 to 1,000 watts, and to continue its
present 500 watts night-time power.

Examiner Melvin H. Dalberg, in Report No. 1-359,
recommended that the application be granted. He found
that “the proposed operation of the applicant will not
adversely affect the interest of any licensed station, nor
are there any pending applications which involve the
possibility of objectionable interference.” He states that
the granting of the application would be in the public
interest.

RECOMMENDS DENYING CALIFORNIA
STATION

Loyal K. King applied to the Federal Communications
Commission for a construction permit for the erection

1954

of a new broadcasting station at Pasadena, Calif., to use
1320 kilocycles, 250 watts, and daytime operation.

Examiner Ralph L. Walker, in Report No. 1-358, rec¬
ommended that the application be denied. The Ex¬
aminer states that “there is no need shown for additional
broadcast service.” He states further that “the facts
shown do not lead to the conclusion that a fair, efficient,
and equitable distribution of radio service among the
several states and communities would be accomplished
by the granting of the application.”

FEDERAL TRADE COMMISSION ACTION
Complaints

The Federal Trade Commission has alleged unfair com¬
petition in complaints 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.

No. 3057. American Mushroom Industries, Ltd., 28-30
Bloor St., West, Toronto, Canada, with an American branch
office at 73 West Eagle St., Buffalo, N. Y., is charged with unfair
competition in the sale of mushroom spawn, in a complaint.

Approximately 95 per cent of the respondent company’s total
sales are made in the United States, according to the complaint,
and in this sale the respondent is alleged to have made misleading
representations in its advertising.

The complaint charges that the respondent’s advertising served
to represent that there is a shortage of and a tremendously in¬
creasing demand for fresh mushrooms, and that this company’s
mushroom spawn will produce extraordinary financial returns to
purchasers, may be planted in any idle space about the home, and
that mushroom growing is an easy and pleasant occupation re¬
quiring no experience.

Nos. 3058-3059. A Baltimore ice cream cone manufacturer and
a Brooklyn candy maker are charged in complaints with unfair
competition in the sale of their products by means of lotteries.
The respondent companies are Maryland Balling Co., 1200 South
Eutaw St., Baltimore, and Mells Manufacturing Co., 250 Park
Ave., Brooklyn.

Manufacturing cones and selling them to wholesalers, jobbers
and ice cream manufacturers, Maryland Baking Co. is alleged to
have distributed them packed and assembled with small printed
slips a few of which were worded so as to entitle the recipient to
an extra ice cream cone free of charge.

According to the complaint, the slips were so placed in the cones
that the consumer could not ascertain whether or not he was
entitled to a free cone until after he had bought a cone and par¬
tially consumed it. Whether he received an additional ice cream
cone free was determined wholly by lot or chance, the complaint
alleges.

No. 3060. American Television Institute, Inc., a corre¬
spondence school, and others, 433 East Erie St., Chicago, are
charged in a complaint with unfair competition in the sale of
courses in radio and television.

Representations made by the respondents are alleged to have
had a tendency to mislead a substantial portion of the student
public into erroneous beliefs regarding the respondents’ courses,
and to have caused them to enroll as students on account of such
beliefs.

Certain representations made by the respondents in newspapers,
booklets and general business correspondence are alleged to serve
as representations that: Several young men are to be selected and
trained for positions in radio television at the respondents’ expense
until actually employed; that a seventy-lesson course is offered,
collection of the tuition fee being deferred until a job is obtained
for the student at $125 a month or more; that the respondents
operate a widespread employment agency through which students
are placed in paying positions upon graduation; that there is a
shortage of radio television operators; that the respondents own
a huge laboratory in which equipment is manufactured in great
quantities ; and that they operate television broadcasting stations

in which the pupils are given opportunity for graduate residence
study. It was also represented, according to the complaint, that
certain individual respondents are engineers for certain radio
stations.

No. 3061. Glenn Laboratories, Inc., 287 West 127th St.,
New York City, selling a thyroid treatment for overweight, is
charged with unfair competitive practices in violation of Section 5
of the Federal Trade Commission Act, in a complaint.

Offering “Dr. Thomas’ Rx 157” for sale, the respondent company
is alleged to have made representations tending to induce prospec¬
tive buyers to purchase the product, believing it to be a safe,
harmless and competent remedy or treatment for all classes and
types of obesity. These representations are alleged to be false and
misleading, both because of their content and because of what the
respondent fails to disclose.

The product is alleged to have been advertised over the radio
and in newspapers and magazines as a new preparation, constituting
a simple new method, the use of which converts food into fuel
and energy. It was advertised, according to the complaint, either
expressly or by implication, that the product could be safely taken
by laymen without advice of physicians.

No. 3062. Charging unfair competition in the interstate sale
of a preparation for use in dyeing white or gray hair, a complaint
has been issued against J. Palazzolo, 436 East 14th St., New
York, manufacturer and distributor of this product, sold under
the names “Otello Water” and “L’Acqua Otello.”

L’Acqua Otello was advertised expressly or by implication as
being not a dye but “a preparation which gives your hair a natural
color, vitality,” according to the complaint, and Otello Water was
represented as “not a tincture but a compound that restores gray
hair to its natural color.”

The complaint also alleges that Otello Water was advertised
in the same manner as capable of ending dandruff, baldness and
falling hair and as a rejuvenator of the hair roots.

No. 3063. Misleading representations of the character of the
business of a nursery product dealer is alleged in a complaint
against Earl E. May Seed Co. and Earl E. May, Shenandoah,
Iowa.

Engaged only in the transportation, sale and distribution of
nursery stock purchased at wholesale from the actual growers, the
respondent company is alleged to have advertised in a manner
serving to represent that this company actually grows or propa¬
gates the nursery products it sells and that it owns and operates
nurseries, farms or properties on which the nursery products it
sells are grown.

These representations are alleged to have a tendency to mislead
purchasers into the erroneous belief that when they buy nursery
stock from the respondents they are buying directly from the
grower and are receiving advantages that come from such direct
purchasing.

Stipulations and Orders

The Commission has issued the following cease and
desist orders and stipulations:

No. 01518. B. Max Mehl, Mehl Building, Fort Worth,
Tex., trading as Numismatic Company of Texas, agreed to
discontinue representing in the sale of his booklets entitled “The
Star Rare Coin Encyclopedia” and “The Star Coin Book,” and an
illustrated folder giving information on coins, that any of them
contain a certain number of illustrations, unless such is a fact;
that they have been approved officially by any government official
or agency, and that they are the most complete or most authorita¬
tive publications on the subject of coins.

No. 01519. W. H. Noll, trading as The Pinex Co., Fort
W ayne, Ind., in its stipulation agreed to stop representing that its
product “Pinex” is an effective remedy or competent treatment for
coughs, unless such representation is qualified to indicate coughs
due to colds. The respondent also will cease representing that
his preparation is “100 per cent effective,” that it will end bad
coughs quickly, giving instantaneous relief from colds, and will
.discontinue other similar representations.

No. 01520. M. N. Bunker, 400 Reliance Building, Kansas
City, Mo., trading as Madame Serena, will discontinue adver¬
tising, in connection with the sale of astrological charts, that an
individual or strictly personal report or “scope” is made to a
customer; that a “master secret” is given free so long as it is
included in the price of a “handwriting report,” and that the
“master secret” will enable one to solve money problems, gain

1955

happiness, double business, secure employment, or acquire a new
grasp on life.

No. 01521. Psoriatex Laboratory, Inc., 1402 Real Estate
Trust Building, Philadelphia, stipulates it will desist from
representing that its product “Psoriatex” is a competent remedy in
the treatment of psoriasis, unless the assertion is properly qualified,
and that the preparation will relieve the most chronic cases, no
matter how long affected. The company agreed to stop represent¬
ing that psoriasis is a germ disease, or that the germs operate in
the tissues of the skin or live on the oil in the skin. The respondent
admitted that, according to reliable medical authority, the cause
of psoriasis is unknown, and its duration, regardless of the treat¬
ment, is uncertain.

No. 01522. Charles Beahm, trading as Laborlite Manu¬
facturing Co., 436 S. E. 6th Ave., Portland, Ore., agreed to
cease representing that his trisodium phosphate washing prepara¬
tion, designated “Laborlite,” will sterilize or destroy all germs and
will destroy all odors, and that it contains no harmful ingredients
and is composed of harmless minerals.

No. 01523. L. Sachs, 1085 Washington Ave., New York
City, trading as Plastex Industries, and selling novelties and
molds for use in the manufacture of such novelties, stipulated he
would cease representing inferentially by such an assertion as “We
start you in business” that he gives financial assistance to any one
who desires to enter into the business of manufacturing novelties
by use of the molds he sells; that, by the assertion, “We place
orders and buy goods”, he will either buy, or procure purchasers
for all of the articles a person may manufacture by use of his
molds and materials, and that one cannot help but make perfect
castings with his molds.

The respondent further agreed not to make unmodified claims
of earnings in excess of the average earnings, under normal busi¬
ness conditions, of those who purchase molds or materials from
him.

The respondent admitted, according to the stipulation, that he
does not order or buy all of the products of his customers, but
only as many as he can resell, for which he fixes and pays a whole¬
sale price, and that no person purchasing his molds has earned
the amounts of money represented.

No. 01524. Vaughan Brothers, Inc., 297 Farmington Road,
Rochester, N. Y., in the sale of “No-Erb”, will stop representing
that this product is competent in the treatment of common ail¬
ments of the kidneys, liver or bowels, and that it has been of any
material benefit to those in search of better health, or to those
who have unsuccessfully tried other medicines. The company
agrees also to discontinue other misleading representations.

No. 01525. Fannie L. -Judy, 1420 Broadway, San Diego,
Calif., trading as -Judy Medicine Co., stipulated that she will
stop representing “Judy’s Tablets” as competent treatment for in¬
digestion, nervous complaints, rheumatism, liver trouble, and other
conditions, and that it is an effective remedy for headaches, unless
this assertion is limited to relief of headaches due to constipation.

No. 01526. Takara Laboratories, 6314 Santa Monica Blvd.,
Hollywood, Calif., in the sale of “Takara Hygienic Powder”,
“Forfem”, and “Takara Suppositories”, agreed to desist from the
representation, by direct statement or reasonable inference, that
any one of its products is an effective destroyer of germ life, is
the ideal preparation for feminine hygiene, and other similar alle¬
gations.

No. 01527. Moonshine Chemical Co., Inc., Pittsburgh, sell¬
ing Moon-Shine Washing Fluid, signed a stipulation to discon¬
tinue advertising that the product destroys odors and kills germs,
unless it is clearly indicated in connection with such representa¬
tions that the product will not destroy all odors and will not kill
all germs, including their spores; that it bleaches, removes stains
and mildew, deodorizes, disinfects, and kills germs in one opera¬
tion, and that it has a hundred helpful household uses.

Nos. 01528-01530. Stipulations have been entered into with
two respondents for discontinuance of unfair advertising practices
in connection with the interstate sale of their products. One is a
Chicago dealer in a weight-reducing preparation. The other is a
New York vendor of a physical culture course.

Respondents signing the stipulations are: (1) Mrs. O. Debaugli,
4428 South Homan Ave.. Chicago, trading as Raoxolyn Prod¬
ucts, Raoxolyn Health Products, and Raoxolyn Laboratories,
and (2) The Ring Book Shop, Inc., Madison Square Garden
Arcade, New York, and Nat Fleischer, an individual, selling a
course designated Nat Fleischer’s Universal Boxing Course and
System of Exercise for Height Increase.

Among advertising representations to be discontinued by the
Chicago dealer are that her product, Alpine for the Waistline, is
a powerful stimulant for the thyroid gland, is Nature’s Neutralizing

Normalizer and gets at the cause of the fat. The respondent ad¬
mitted that, according to scientific opinion, the medicinal value
of her product is practically limited to that of a senna laxative,
and would not act as a stimulant to the thyroid gland, and that
it would not purge the intestinal tract of poisonous waste and
act as a normalizer for the entire system.

No. 01529. Lehn & Fink, Inc., Bloomfield, N. J., in the sale
of “Lysol”, agreed to stop asserting in advertising that its product
is “the” standard antiseptic in the sense that it is the official or
scientific measure by which others are rated; and that it will pro¬
tect from disease, unless the advertising indicates that the product’s
uses are generally limited to those of a household disinfectant and
to cleansing instruments, appliances, and the person, and to prevent
infection, promote antiseptic cleanliness, and destroy offensive
odors. The respondent company stipulated that it would not
advertise that doctors or nurses specify this preparation must be
on hand in certain cases, or that it is effective for “marriage
hygiene” as distinguished from “feminine hygiene”.

No. 01531. D. H. Koumjian, trading as Del-Tox Chemical
Co., 2100 Washington Boulevard, Baltimore, agreed to stop
representations that the product he sells under the name “Del-Tox”
disinfects as it cleans, sterilizes or kills all germs, and may be
used for antiseptic deodorant baths.

No. 01532. E. D. Brown, B. C. Brown, G. F. Brown and
M. E. Brown, of Sinking Spring, Pa., trading as F. M.
Brown’s Sons, will cease representing its poultry treatment prod¬
uct, “Minex”, as an effective treatment for blackheads in turkeys,
and that it is of value in prevention or treatment of worms, cocci-
diosis, and other poultry diseases. The product “Camotex” will
no longer be advertised as a penetrating, healing spray for poultry
capable of overcoming colds, bronchitis, diphtheria, and other
diseases in poultry.

No. 1886. George F. Dodge, trading as Windsor Soap Co.,
Oneida and Bond Sts., Buffalo, agreed to stop use of the words
“olive oil” on labels or in advertising matter to describe soap
products whose fatty content is not composed wholly of olive
oil, and use of the word “olive” in any manner so as to imply
that the fatty content of the product so designated is composed
wholly of olive oil, when such is not a fact. Dodge also will
cease using the words “soap makers” or “factory” in any manner
which may create the impression that he owns or operates a factory
in which his products are manufactured, when this is not true.

No. 1887. Gero Products, Inc., 158 North Street, South
Boston, Mass., stipulated that on cartons containing emergency
first-aid kits it will desist from using exaggerated or misleading
representations concerning the value of such kits, or the price at
which they are sold or are intended to be sold. The stipulation
sets out that on the cartons appeared the words “Price 35 Cents”,
which was not the price at which the kits were sold or intended
to be sold, but was much in excess of the price at which they
were actually sold in the usual course of trade.

Nos. 1889-1893. Sessions Clock Co., Forestville, Conn., and
National Bedding Co., 1820 Delmar St., St. Louis, Mo., deal¬
ing, respectively, in clocks and mattresses, agreed to cease selling
or distributing in interstate commerce products tagged or labeled
with any fictitious, exaggerated or misleading price which is in
excess of the price at which such products are sold or intended
to be sold in the ordinary course of trade.

Nos. 1888-1900. Stipulations have been entered into with two
food companies regarding unfair representations in interstate sales
of food products. They are B. H. and Isadore Rudo, 121 Cheap-
side, Baltimore, trading as B. H. Rudo & Brother and as At¬
lantic Wholesale Grocery Co., and George W. Hogue Extract
Co., 620 Prospect Ave., Kansas City, Mo., doing business also as
George W. Hogue Manufacturing Co. and McMillen Products
Co.

Selling groceries at wholesale, the Baltimore firm agreed to stop
branding or otherwise advertising its products as of “fancy” grade
or quality when they were not of the grade or quality understood
by the buying public to be entitled to that designation.

The Rudo firm agreed to cease employing stamps or brands
that would indicate their products to be pf higher quality than
they are in fact.

The Kansas City Company, selling food flavors, agreed in its
stipulation to discontinue use of the word “extract” as part of its
corporate or trade name and in advertisements to describe products
not extracts, or in any way tending to deceive buyers into be¬
lieving that the firm manufactures or deals in extracts, when
such is not a fact.

No. 1890. Marinette & Menominee Box Co., Marinette,
Wis., in connection with the sale of boxes, agreed to desist from
representing on letterheads or other printed matter that it has a

1956

plant at Menominee, Mich., and from use of the words “Menomi¬
nee, Mich.” in connection with the words “plants at”, or with any
other words, so as to imply that it owns or operates plants at
Menominee in which its products are manufactured, when such
are not the facts.

No. 1891. Leo J. Ratheim, trading as St. Clair Graphite
Co., 819 East Main St., Belleville, Ill., is engaged in the sale
of an auxiliary lubricant known as “Graf-ex,” intended to be
added to ordinary lubricants and motor fuel oils. Ratheim signed
a stipulation to discontinue advertising that, by use of “Graf-ex”,
oil and gas bills can be cut in half ; and to cease other exaggerated
claims regarding an alleged reduction in the quantity of oil and
gasoline used. He also will stop representing that an advertised
price of 85 cents for two pints of the product is “Two pints for
the price of one”. According to the stipulation, the product was
regularly sold for 45 cents a pint.

No. 1892. Arcturus Radio Tube Co., 720 Frelinghuysen
Ave., Newark, N. J., agreed that it will discontinue use of the
word “metal” as descriptive of the radio tubes it sells, so as to
imply that they are products which have become popularized and
known to the trade and public as tubes in which the technical
elements are sealed in a vacuum in steel, or wherein metal func¬
tions instead of glass. The stipulation provides that if the tech¬
nical elements are sealed in a vacuum in glass encased in a metal
shell, and the words “metal tube” are used to designate the metal
covering, then such words shall be accompanied conspicuously by
other suitable words so as to indicate clearly that the tube does
not have its technical elements sealed in a vacuum in steel, and
that it is a product other than one wherein metal functions in¬
stead of glass.

No. 1894. Schnefel Brothers, Inc., 684 South 17th Street,
Newark, N. J., in connection with the sale of two nail polishes
under the trade name “La Cross”, agreed to discontinue putting
into effect, by cooperative methods, any system for the mainte¬
nance of resale prices established by it. The corporation will stop
seeking or obtaining agreements or assurances from wholesalers
or retailers that they will cooperate in making effective any resale
price maintenance system, and will cease seeking or obtaining as¬
surances of cooperation from dealers failing to maintain estab¬
lished resale prices, that in the future they will adhere to such fixed
resale prices, as a condition of their being further supplied with
“La Cross” products.

No. 1895. New York Post, Inc., publisher of the New York
Post and also engaged in printing and selling books, agreed to
discontinue use in advertising matter of the phrase “embossed in
gold” as descriptive of the titles and borders of certain books it
sells, which are not, in fact, embossed in gold or gold leaf. The
publishing company also will cease using the word “gold” in any
way so as to create the impression that the material used on the
titles and borders is gold or gold leaf, when such is not a fact.
The stipulation points out that the publishing company in selling
“The Complete Works of Charles Dickens”, advertised that “the
titles and decorative borders are richly embossed in gold, when,
in fact, they were finished with a material which, though it simu¬
lated gold or gold leaf in appearance, actually contained no gold.

No. 1896. Trading as Superkleen Company, Sidney and
Ben Warmbrand, 265 West 34th St., New York City, engaged
in the sale of a cleaning fluid known as “Superkleen,” have entered
into a stipulation with the Federal Trade Commission to discon¬
tinue use of the words “Leaves No Rings,” or any other words,
on labels or in advertising matter which may imply that the
product will not leave a ring on any fabric to which it may be
applied.

No. 1897. Pine Products International, Inc., 254 West
31st Street, New York City, signed a stipulation under which
it agreed to cease representations in advertising matter that its
bath preparations, designated “Swiss Pine Bath,” “Pine Bath
Siberia” and “Balpine,” possess such therapeutic properties as to
render them a competent treatment for disorders of the nervous
system, sleeplessness, neuritis, rheumatism, colds, and conditions
of the respiratory system, the heart and lungs. The company also
will desist from use of the word “imported,” alone or with other
words such as in the phrase “Imported Pine Essences,” so as to
imply that its products consist wholly of pine essence or are
wholly imported, when such is not a fact, and from use of the
word “laboratories” so as to imply that it owns or operates a
laboratory.

No. 1898. The Mystic Foam Corporation, 6607 Carnegie
Ave., Cleveland, selling another cleaning fluid designated “Mystic
Foam,” also signed a stipulation to cease misrepresenting its

product. It agreed to stop advertising that its preparation is a
disinfectant, that it contains chemicals which instantly destroy
bacteria and moths in fabrics on which it is used, or that it will
eliminate the larvae or eggs of moths from fabrics treated with
“Mystic Foam.”

No. 1899. Holland Furnace Co., Holland, Mich., signed a
stipulation to discontinue use in advertising matter of the assertion,
“Find out why only Holland can guarantee perfect heat in every
room,” when, in fact, the Holland company is not the only furnace
manufacturing concern which guarantees perfect or satisfactory
heat in every room.

No. 2111. National Silver Co., 61-65 West 23rd St., New
York, cutlery distributor, has been ordered to cease and desist
from misrepresentations in the sale of its products through use
of the words “stainless” and “stainpruf” as designations.

According to the findings, the word “stainless” stamped by
manufacturers and distributors upon their cutlery, table cutlery
and flatware, or used in advertising such ware and cutlery, has,
through long and continued usage, come to signify to the manu¬
facturer, the distributor, the retailers, and to the ultimate purchaser
and user, that such cutlery is produced from the chromium-steel
alloy, stainless steel.

Use of the word “stainless” as a trade name, brand or label for
knives and flatware cutlery, or in advertising and representing
these articles, is prohibited unless they are made of steel containing
from 9 to 16 per cent of chromium and not more than 0.7 per
cent carbon. These percentages of chromium and carbon, accord¬
ing to findings, represent the recognized proportions of these in¬
gredients in cutlery stainless steel, an alloy produced from iron,
chromium and carbon, and possessing to a high degree the quality
of resisting oxidation and corrosion.

No. 2610. An order to cease and desist has been issued against
Granite Arts, Inc., 1909 Leavenworth St., Omaha, Nebr., re¬
quiring that firm to discontinue certain unfair representations in
the interstate sale of tombstones, monuments and grave markers,
in violation of Section 5 of the Federal Trade Commission Act.

Manufacturing its products by mixing granite chips or powder
with cement and molding this into a cast stone, this company is
ordered by the Commission to cease representing that its cast stone
products are granite, and to stop representing through use of
a corporate or trade name or other words or phrases containing
the word “granite,” that its products are granite. Findings in the
case are that the respondent does not manufacture any products
from true granite.

No. 2825. Under an order entered, Cushing Refining &
Gasoline Co., Cushing, Okla., is prohibited from unfairly dis¬
paraging Ethyl gasoline, and from falsely representing that all of
the gasoline it manufactures and sells is produced by a new process
and is superior to the product containing tetraethyl lead, also
known as “Ethyl.”

The respondent corporation has refineries at Cushing and Black-
well, Okla., and a branch office at Minneapolis.

According to the findings, the respondent corporation, prior to
the issuance of the complaint in the Commission’s proceeding, did
not manufacture or sell gasoline containing tetraethyl lead, and
was interested and engaged in presenting to the purchasing public
all available arguments tending to lessen the desirability, effective¬
ness and safety of Ethyl gasoline. Findings are that the corpora¬
tion during the summer of 1936, began selling Ethyl, described
as a gasoline to which tetraethyl lead has been added for the
purpose of eliminating knock or detonation encountered in high
compression motors when driven by straight run gasoline.

No. 2919. Dollar Crystal Co., Redick Tower Building,
Omaha, Nebr., has been ordered to discontinue certain unfair
competitive methods in the sale of mineral water crystals, in
violation of Section 5 of the Federal Trade Commission Act.
These products are sold as “Genuine Texas Mineral Crystals,”
“Texas Mineral Water Crystals,” and under other similar names.

The order bars representation by means of radio, advertising
matter and testimonial letters that the respondent company’s prod¬
ucts have curative value other than as a laxative or purgative in
treating diseases, and that they are not a habit-forming drug.

No. 2924. Joseph Lewin, 207 West 17th St., New York,
trading as Leev-No-Ring Chemical Co., has been ordered to
cease and desist from representing, through use of the phrase
“Leev-No-Ring” in his trade name and in advertising, that the
cleaning fluids he sells can be used safely and without injury to the
most delicate fabrics or materials.

Findings are that the respondent’s preparations, when used on

1957

certain dyed fabrics such as those containing non-fast or fugitive
dyes, do affect the colors by causing them to bleed or run.

No. 2983. Selling home study psychology health courses,
Robert Holmes, Inc., and Albert Goodman, Fuller Building,
Jersey City, N. J., have been ordered to cease and desist from
exaggerating and misrepresenting the nature, value and effect of
such courses.

The respondents are ordered to discontinue representing, among
other things, that their course is a competent treatment for
nervousness, indigestion, dizzy spells, sleeplessness, irregular heart,
fatigue, worry or bashfulness, and that their treatment is entirely
different from any other method and will bring positive and per¬
manent relief from the physical ailments mentioned; that con¬
stipation, indigestion, cold sweats, dizzy spells and bashfulness are
always caused by nervous exhaustion, and that for 25 cents, or
any other nominal sum, one may learn how to conquer bashfulness,
nervousness or embarrassment, may overcome his faults easily
and enjoy life to the fullest.

FEDERAL COMMUNICATIONS
COMMISSION ACTION

Hearing Calendar

The following broadcast hearings are scheduled at the
Commission for the week beginning Monday, March 1 :

Monday, March 1

HEARING BEFORE AN EXAMINER
(Broadcast)

NEW — Peninsula Newspapers, Inc., Palo Alto, Calif. — C. P., 1160
kc., 250 watts, daytime.

NEW — Broadus McSwain, d/b as “The Voice of The Times,”
Raleigh, N. C. — C. P., 1210 kc., 100 watts, daytime.

NEW — D. L. Thornton, approximately between Centralia & Che-
halis, Wash. — C. P., 1500 kc., 100 watts, 250 watts LS, un¬
limited time.

NEW — Chase S. Osborn, Jr., Fresno, Calif. — C. P., 1440 kc., 500
watts, unlimited time.

NEW — Central Broadcasting Corp., Centralia, Wash. — C. P., 1440
ltc., 500 watts, unlimited time.

NEW — J. D. Keating, Harvey Wells, et al., d/b as Vancouver
Broadcasting Co., Vancouver, Wash. — C. P., 1500 kc., 100
watts, daytime.

NEW— Vancouver Radio Corp., Vancouver, Wash. — C. P., 880
kc., 250 watts, daytime.

Tuesday, March 2

HEARING BEFORE AN EXAMINER
(Broadcast)

NEW — Charles Porter & Edward T. Eversole, Festus, Mo. — C. P.,
1420 kc., 100 watts, daytime.

NEW — Northwestern Publishing Co., Danville, Ill. — C. P., 1500
kc., 250 watts, daytime.

NEW — Curtis Radiocasting Corp., Indianapolis, Ind. — C. P., 1500
kc., 100 watts, 250 watts LS, specified hours.

WKBV — Knox Radio Corp., Richmond, Ind. — Modification of
license, 1500 kc., 100 watts, unlimited time. Present as¬
signment: 1500 kc., 100 watts, specified hours.

Wednesday, March 3

HEARING BEFORE AN EXAMINER
(Broadcast)

KGA — Louis Wasmer, Spokane, Wash. — Modification of license,
950 kc., 1 KW, 5 KW LS, unlimited time. Present assign¬
ment: 1470 kc., 5 KW, 5 KW LS, unlimited time.

WJAR — The Outlet Co., Providence, R. I. — C. P. 890 kc., 1 KW,
5 KW LS, unlimited time. Present assignment: 890 kc.,
1 KW, 1 KW LS, unlimited time.

NEW— J. Leslie Doss, Sarasota, Fla. — C. P., 1390 kc., 250 watts,
daytime.

Thursday, March 4

ORAL ARGUMENT BEFORE THE BROADCAST
DIVISION

Examiner’s Report No. 1-329:

NEW — Bayou Broadcasting Co., Houston, Texas. — C. P., 1210 kc.,
100 watts, daytime.

Examiner’s Report No. 1-330:

NEW — Brownwood Broadcasting Co., Brownwood, Texas. — C. P.,
1370 kc., 100 watts, daytime.

Examiner’s Report No. 1-240:

NEW — Continental Radio Co., Columbus, Ohio. — C. P., 1310 ltc.,
100 watts, unlimited time.

Examiner’s Report No. 1-241:

NEW — Continental Radio Co., Toledo, Ohio. — C. P., 1200 kc.,
100 watts, daytime.

Friday, March 5

HEARING BEFORE AN EXAMINER
(Broadcast)

NEW — Dr. William States Jacobs Broadcasting Co., Houston,
Texas.— C. P., 1220 kc., 1 KW, 1 KW LS, unlimited.

APPLICATIONS GRANTED

WTRC — The Truth Publishing Co., Inc., Elkhart, Ind. — Granted
modification of license to change time of operation from
simultaneous day, share night with WLBC, to unlimited.

WKBW — Buffalo Broadcasting Corp., Buffalo, N. Y. — Granted
C. P. to move transmitter location locally, approximately
25 feet, and employ radiating system of WGR.

WGR — Buffalo Broadcasting Corp., Buffalo, N. Y. — Granted
modification of C. P. for change in transmitter location
approximately 500 feet from present site, and change in
antenna system.

WDGY — Dr. George W. Young, Minneapolis, Minn. — Granted
modification of C. P. for extension of commencement date
to 4-1-37, and completion date to 10-1-37.

KVEC — Christina M. Jacobson, tr. as The Valley Electric Co.,
San Luis Obispo, Calif. — Granted modification of C. P.
approving transmitter site, and extending commencement
date to 30 days after grant and completion date to 90 days
thereafter.

WFOY — Fountain of Youth Properties, Inc., St. Augustine, Fla.-
Granted license to cover C. P. as modified; 1210 kc., 100
watts, unlimited.

KROC — Southern Minnesota Broadcasting Co., Rochester, Minn.
— Granted authority to transfer control of corporation from
First Trust Co. of St. Paul and G. P. Castner as Special
Admn. of estate of L. J. Shields, deceased; Florence E.
Brown and Emmet Butler as Trustees under will and testa¬
ment of Frank M. Brown. Florence E. Brown as Guardian
of estate of James L. Brown, a Minor, and Stanley Hub¬
bard & National Battery Broadcasting Co., to: Gregory
Gentling; 1310 kc., 100 watts, unlimited. Also granted
renewal of license for the period December 1, 1936, to
June 1, 1937.

WPEN — Wm. Penn Broadcasting Co., Philadelphia, Pa. — Granted
renewal of license for the period 3-1-37 to 9-1-37; 920 kc.,
250 watts night, 500 watts day, 6:30 p. m. to 1 a. m. daily,
5:30 p. m. to 1 a. m., Sunday. Also granted renewal of
license for auxiliary transmitter; 920 kc., 250 watts day
and night for auxiliary purposes only.

WRDO — WRDO, Inc., Augusta, Maine. — Granted renewal of
license for the period January 1 to July 1, 1937; 1370 kc.,
100 watts, unlimited time.

WLAK — Lake Region Broadcasting Co., Lakeland, Fla. — Granted
extension of present license for a period of 1 month from
March 1, 1937, on a temporary basis only, subject to such
action as may be taken upon pending application for re¬
newal.

KJR — Fisher’s Blend Station, Inc., Seattle, Wash. — Granted re¬
newal of license for auxiliary transmitter for the period
February 1 to August 1, 1937.

1958

KFQD — Anchorage Radio Club, Inc., Anchorage, Alaska. — Granted
extension of present license for a period of 60 days from
March 1, upon a temporary basis only, subject to such
action as may be taken upon pending application for re¬
newal.

WWJ — The Evening News Assn., Inc., Detroit, Mich. — Granted
extension of present license for a period of 30 days from
March 1, on a temporary basis only, subject to such action
as may be taken upon pending application for renewal.

KWKH — International Broadcasting Corp., Shreveport, La. —
Granted renewal of license for the period February 1 to
August 1, 1937; 850 kc., 10 KW night and day, specified
hours.

WMCA — Knickerbocker Broadcasting Co., Inc., New York City. —
Granted renewal of license for the period March 1 to
September 1, 1937; 570 kc., 500 watts day and night, un¬
limited time. Also granted renewal of license for auxiliary
transmitter.

KFYO — Plains Radio Broadcasting Co., Amarillo, Tex. — Granted
further extension of present license for a period of 30 days,
on a temporary basis, from March 1, subject to such action
as may be taken upon pending application for renewal.

KGNC — Plains Radio Broadcasting Co., Amarillo, Tex. — Granted
further extension of present license for a period of 30 days,
on a temporary basis, from March 1, subject to such action
as may be taken upon pending application for renewal.

WHBI — May Radio Broadcast Corp., Newark, N. J. — Granted
renewal of license for the main transmitter for the period
October 1, 1936, to April 1, 1937.

KFDM — Sabine Broadcasting Co., Inc., Beaumont, Tex. — Granted
renewal of license for the period March 1 to September 1,
1937.

KGFX — Mrs. Dana McNeil, Administratrix, Estate of Dana Mc¬
Neil, deceased, Pierre, S. Dak. — Granted extension of present
license for a period of 30 days, on a temporary basis, from
March 1, 1937, pending action on application for consent to
involuntary assignment of license.

KGKO — Wichita Falls Broadcasting Co., Wichita Falls, Tex. —
Granted renewal of license for the period March 1 to
September 1, 1937.

WPRO — Cherry & Webb Broadcasting Co., Providence, R. I. —
Granted extension of present license for a period of 30 days
from March 1, on a temporary basis only, subject to such
action as may be taken upon pending application for re¬
newal.

KOAC — Oregon State Agr. College, Corvallis, Ore. — Granted ex¬
tension of present license for a period of 30 days from
March 1, on a temporary basis only, subject to such action
as may be taken upon pending application for renewal.

WSYB — Philip Weiss, tr. as Philip Weiss Music Co., Rutland, Vt.
— Granted special authority to operate from 9 to 10 a. m.,
EST, from March 1 to March 31, 1937, inclusive, in order
to broadcast Rutland County Community programs.

WRAX— WRAX Broadcasting Co., Philadelphia, Pa. — Granted
renewal of license on a temporary basis only subject to
whatever action may be taken on the application of station
WPEN applying for facilities of WRAX.

WRAX — WRAX Broadcasting Co., Philadelphia, Pa. — Same for
auxiliary transmitter.

NEW — Charleston Broadcasting Co., Portable, Charleston, W. Va.
— Granted C. P. for new relay broadcast station; frequencies
31100, 34600, 37600 and 40600 ltc., 5 watts.

NEW — Charleston Broadcasting Co., Mobile, Charleston, W. Va.
— Granted C. P. for new relay broadcast station; frequencies
31100, 34600, 37600 and 40600 kc., 5 watts.

W10XED — National Broadcasting Co., Inc., Mobile, New York
City. — Granted license to cover C. P. for changes in equip¬
ment and increase in power from 15 to 25 watts.

W10XGG-W10XCH — National Broadcasting Co., Inc., Mobile,
New York City. — Granted license to cover C. P. for relay
broadcast station license.

W10XV— National Broadcasting Co., Inc., Mobile, New York City.
—Granted license to cover C. P. covering changes in equip¬
ment and increase in power from 15 to 25 watts.

WJAC WJAC, Inc., Johnstown, Pa. — Granted license to cover
C. P ., 1310 kc., 100 watts night, 250 watts day, share
WFBG.

WDWS — Champaign News-Gazette, Inc., Champaign, Ill. —
Granted license to cover C. P. and modifications; 1370 kc.,
100 watts, daytime only.

W4XCX — Stuart Broadcasting Corp., Mobile. — Granted license to
cover C. P., frequencies 38900, 39100, 39300 and 39500 kc.,
on an experimental basis, 10.5 watts.

SET FOR HEARING

NEW — Galesburg Printing & Pub. Co., Galesburg, Ill. — Applica¬
tion for C. P. for new station, 1500 kc., 250 watts, daytime
only, exact location of station to be determined subject to
Commission approval.

NEW — W. W. Luce, Fort Lauderdale, Fla. — Application for C. P.
for new station, 1050 kc., 1 KW, limited time, exact trans¬
mitter and studio sites and type of antenna to be deter¬
mined with Commission’s approval.

NEW — Dan B. Shields, Provo, Utah. — Application for C. P. for
new station, 1200 kc., 100 watts, unlimited time, exact
transmitter and studio sites to be determined with Commis¬
sion’s approval.

NEW — Northwest Research Foundation, Inc., Seattle, Wash. —
Application for C. P. for new special broadcast station,
1530 ltc., 1 KW, unlimited time, exact transmitter site in
Seattle to be determined subject to Commission approval.
(Application was amended to change name from Ward
Walker to Northwest Research Foundation, Inc.)

NEW— T. E. Kirksey, Waco, Tex. — Application for C. P. amended
to request 930 kc., 250 watts night, 500 watts day, un¬
limited time, exact transmitter and studio sites to be deter¬
mined with Commission’s approval.

KUOA — KUOA, Inc., Siloam Springs, Ark. — Modification of license
to change frequency from 1260 kc. to 620 kc.; increase
power from 2j4 KW to 5 KW.

WDRC — WDRC, Inc., Hartford, Conn. — Special experimental au¬
thority to install booster station in New Haven, Conn., to
operate synchronously with WDRC (site to be determined) ;
1330 kc., 250 watts.

KMTR — KMTR Radio Corp., Los Angeles, Calif.— Renewal of
license for the period March 1 to September 1, 1937; 570
kc., 1 KW day and night, unlimited. Temporary license
granted pending outcome of hearing.

NEW — Clarence A. Berger and Saul B. Freeman, Coeur d’Alene,
Idaho. — Application for C. P. amended to request 1200 kc.,
100 watts, daytime only, exact transmitter site and type of
antenna to be determined with Commission’s approval.

NEW — F. W. Berton, Coral Gables, Fla. — Application for C. P.
for new station, 1420 kc., 100 watts, unlimited, exact trans¬
mitter and studio sites and type of antenna to be determined
with Commission’s approval.

NEW — Roberts-MacNab Co., Arthur L. Roberts, R. B. MacNab,
and A. J. Breitbach, Gen. Mgr., Bozeman, Mont.— Applica¬
tion for C. P. amended to request 1420 kc., 100 watts night,
250 watts day, unlimited time.

NEW — C. P. Sudweeks, Spokane, Wash. — Application for C. P.
for new station, 950 kc., 500 watts night, 1 KW day, un¬
limited, exact transmitter site to be determined with Com¬
mission’s approval.

WDEV — Chas. B. Adams, admr. of Harry C. Whitehill Estate
and Excr. of Mary M. Whitehill Estate, Waterbury, Vt. —
Application for renewal of license, 550 kc., 500 watts local
sunrise to local sunset only. Granted temporary license
pending hearing.

WBZA — Westinghouse Electric and Manufacturing Co., Boston,
Mass. — Application for C. P. to move transmitter locally,
approximately 8 miles, to Agawam