Evening star. [volume] (Washington, D.C.) 1854-1972, 1948-08-06
Radio Prize Programs
Face Fec Ban Where
Lottery Is Involved

The Federal communications
Commission is getting ready to
tune-out the "rags-to-riches"
radio programs which are dis
tributing more than 100000 a
week in cash. travel expenses
and merchandise awards to lucky
listeners.
In a case growing out of a pro-
gram called Dollars for Answers"
which formerly was broadcast by
Station WARL in Arlington. the
commission announced late yester-
day that it proposed to crack down
on the air-borne cash prizes which
appear to involve lottery or to
depend on lot or chance The
action, the commission explained,
was prompted by the growing
number of money programs on the
radio"
Making public a set of new regu-
iationS which are to be used as a
guide in deciding whether pro-
gram involves a lottery, the COM
mission called attention to that
section of the Communications Act
which says that no radio station
shall knowingly permit the broad
casting of any advertisement of. or
information concerning, any lottery,
gift enterprise or similar scheme,
offering prizes dependent in whole
or in part on lot or chance, or any
list of the prizes drawn or awarded
by means of any such lottery gift
enterprise or scheme.
Effective Date Undecided.
The effective date of the new
rules has not been fixed. but the
commission gave interested parties
until September 10 to present their
views
Network officials in New York re-
fused comment pending study of
the ruling. Justin Miller, president
of the National Association Of
Broadcasters. said lawyers in his or
ganization also would study the
matter and make any representa-
tons deemed necessary.
The WARL program, which was
broadcast in 1947 consisted of the
periodical reading of question and
the correct answer followed i'm
mediately by a telephone call to
a person selected at random from
the telephone book.
Examiner Charged VIOLATING.
The question was repeated, II the
person called came up promptly with
the answer, he got a cash prize
ranging from 81 to s348. The range
depended on how many previously
called persons had been unable to
supply an answer.
A hearing examiner. j. D. Bond,
after an inquiry. said this program
violated that section of the Com
municationS Act forbidding any
broadcast advertisement or informa-
ton concerning any lottery, gift
enterprise or similar scheme"
The commission, by saying it was
In agreement with the examiners
findings. provided hint of some of
the standards it will apply in curb
ing prize programs which in general
follow the WARL pattern.
The examiner said lottery con-
.esists of three essential things: A
oprze. chance and consideration. .
Refuses to Abandon Inquiry.
He said the prize is admitted in
the announced offer; the chance
figures in the random selection Of
names from a telephone book. and
the consideration-on the part Of
the ~parNcipant-ts the answering
of a telephone and listening to the
program.
Bond said the .WARL contest was
not one of skill for prizes within
any accepted meaning Of those
terms"
WARL commended that its pro-
gram was not a lottery and asked
that the investigation be dropped
because the station no longer
carries the program. The COM
mission refused to abandon the
inquiry. explaining that it would
hear oral argument on the examin-
er's findings before taking final ac-
ton in the case