Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-02-08

M American radio was dealt
wv a death blow last week by
\ the District Court of APP
pealS when it affirmed a decision
of the Federal Radio Commission
denying license renewal to Sta
ton KFKB at Milford, Kan.
operated by DR.. John r. Brinkley
the goat gland specialist.
The court held that Brinkley's
broadcast prescriptions OF patent
medicines of his own concoction
for symptoms described in letters
addressed to his radio station
were "inimical to public health
and safety and for that reason Is
not in the public interest"
It was a cleancut victory for the
commission, which, the court held
has merely exercised its I'M
doubted right to take note OF ap-
pellant's past conduct, which Is
not censorship" Brinkley was
given is days for notice of appeal
to the Supreme Court OF the
United States, which his counsel
has indicated he will not pursue
in view of his proposed plans Tor
the erection of a new Super-poWer
broadcasting station in Mexico.
One other case involving radio
medical advertising remains be-
fore the commission, that Of Nor
man T. Baker, of KTNT, Musca-
tine. iowa, recently cited for a
hearing on the ground that his
broadcaSts. including advertise
ments of alleged cancer cures, are
not in the public interest. Chlet
Examiner Yost is momentarily ex-
pected to render a report IN tnlS
case, after which 1t goes to the
commission for decision.
Coincident with its decision In
the Brinkley appeal; the Court OF
Appeals sustained the commits
sion'S 5O-kilocycle local separation
between hroadcaSting stations In
ordering WGBS, New York, to re-
turn to its limited time frequency
of 1,180 kilocycles. Under an ex-
perimental license, WGBS had Sc
cured full time on 600-kilocycleS,
which is only 80 kilocycles away
from WMCA and WNYC. The
court accepted the engineering
testimony against this arrange
ment and in effect directed that
the GOO ilocycle assignment be
given WICC, Bridgeport, Conn. .
In another case the court helo
that KYW, Chicago, was entitled
to continue on it's 1,020-kilocycle
assignment, although the commits
sion sought to return the channel
to the second zone Of middle At
lantic States under the borrow
ing clause" of the Davis equallza-
ton amendment. The court, with
out passing on the merits OF the
shift or the commissions right to
administer the borrowing clause,
said the station could not be
shifted without a hearing ION is
sues clearly defined"
While 1t does not make the po-
sition of KYW permanently Sc
cure, the decision in this case is OF
far-reaching importance in that
it repeats the decision in the case
of WHAS, Louisville, Shearing the
commission of power to shift sta
tons about without hearing and
virtually inSuring stations the
continuance of their assignments
under rights of user" unless
there is good reason for change.
q 4 \
r ISTENERS, sometimes called
- "irate," are becoming more in
sistent in a demand for clarif1ca-
ton of the term electrical tran
scription."
To set them right, this phrase
has been hit upon to describe for
broadcast purposes that type OF
program which is reproduced from
a record made solely Tor radio
transmission. It's adoption may
have resulted from heSitancy to
refer to such features as a "rec-
ord; or the phrase may refer to