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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 . 


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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