Radio: No Chance

In Washington, the Federal Communications Commission threw its Sunday punch at radio’s gaudy giveaway shows which have been showering the U.S. with more than $185,000 in prizes every week (and thereby holding an audience estimated at over 30 million). After a year’s study, FCC voted 3 to 1 last week to ban giveaways from the air, effective Oct. 1.

FCC found its justification in Section 1,304 of the Criminal Code, which makes unlawful the broadcast of “any lottery, gift enterprise or similar scheme.” But what, precisely, was a lottery? To FCC it was any program on which a prize “of money or a thing of value is awarded to any person whose selection is dependent in whole or in part upon lot or chance.” The FCC ruling was aimed directly at the flourishing telephone giveaways (where names are found by chance in phone books), but it would eliminate most others as well.

The radio industry exploded into instant insurrection. ABC (Stop the Music and twelve other giveaways) was apparently elected to carry the ball. At week’s end, while NBC and Mutual retired behind the breastworks of “No comment,” ABC let fly a ringing announcement: “No changes will be made in ABC programs as a result of the FCC regulations. We feel certain that…injunctive relief will be granted to the radio industry…as a result of litigation which ABC will begin immediately.” CBS announced it would join in seeking court review of the ruling.

Portly Justin Miller, president of the National Association of Broadcasters, took no stand on the merit of giveaways but wondered “whether the commission has any authority to promulgate any rules.” His wonder was shared by FCCommissioner Frieda B. Hennock. In her dissenting vote, Miss Hennock maintained that “without a specific mandate from Congress for us to curb the prevalence of this type of program, our action today is unwarranted.” Even a contestant was heard from. Mrs. Elaine Smith of Dallas, recent winner on CBS’ Winner Take All, pouted: “It’s a shame the FCC should be so nasty as to try to stop all this nice entertainment.”

But there was joy in Sea Girt, N.J. There, vacationing Comic Fred Allen, who last year lost a clear-cut decision in Hoo-perratings to the monster giveaway Stop the Music, said: “It’s about time radio was taken away from the scavengers and given back to the entertainers.”