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"I Was There"
One hundred and thirteenth of a series ...


When I was in my very early twenty’s I was a disc jockey at the original Top 40 station…KOWH in Omaha. The station was owned by successful Todd Storz who also owned stations in Kansas City, the Twin Cities, and New Orleans. And Todd had signed a contract with the owners of WQAM in Miami to purchase it…and in fact filed with the Federal Communications Commission for transfer of WQAM ownership to his company.

HOWEVER, quite a few station owners in Miami were very upset that a typical Storz station would soon be a competitor. They were afraid of his presence in their market. So the Miami station owners filed a protest with the FCC requesting the transfer be denied because of the Storz format…which not only played the Top 40 hits…but also ran contests and promotions…which the Miami station owners stated was unfair competition and was not in the public interest. They did not want a Storz station to come roaring into their sleepy market…and take the ratings as Storz stations did.

Well, the FCC called for a meeting in DC of all the Miami owners and Todd to determine if a hearing was necessary. I was more than interested in the results of the hearing because I wanted the program directors job at WQAM….which I eventually got…but not after some tense months.

I WAS THERE in Omaha to receive a memo dated July 23, 1956, from Todd to all the Storz employees….and here are excerpts from it…. which describes what happened:

“As most of you know, I have just completed a very trying ten days in Washington on the WQAM transfer. The question, during that time, was not whether the Commission would approve the transfer to us, but instead, whether the Commission would approve the transfer to us without a hearing”

“We were positive as anyone could be that if we had to go through a hearing, the ultimate outcome would be favorable. However, as a practical matter, the hearing could never happen since our contract to buy the station expires August 15th unless we received favorable approval from the Commission before that time. As you can readily see, if the Commission had failed to act, or if the Commission had voted to send the matter to hearing, we would have in all likelihood, lost the purchase of WQAM.”

“As a practical matter, it’s evident that the Commission will have to determine whether it wishes to attempt to approve and disapprove various types of programs (contests and giveaways) broadcast by radio and television stations. One this determination is made, it is evident that the Commission will have to apply its policies with equal force and effect to all radio and television licensees without exception. For example, if the Commission eventually determines that large money contests are not in the public interests, we feel certain, it would have to discontinue all such contests whether originated by a local radio station, or by some source such as a TV network.”

“Having represented to the Commission that we will discontinue certain types of contests and giveaways, we now intend to do precisely that, as quickly as possible …”.

“The problem has arisen as to what we will tell the general public about the discontinuance of these contests. The truth of the matter is that we discontinued these contests because they were questioned by the FCC. However, if we were to announce this over the air, or even over the telephone in reply to inquiries the FCC would be flooded with thousands of irate letters. One of the contests here in Omaha, for example, has been on the hair continuously for seven years. My guess is that such an announcement would produce approximately twenty thousand personal and individual letters of complaint at the FCC. I also don’t think we should have to tell our listeners that we discontinued the contests because we want to, or anything of the sort. The only thing I see that we can do is to make no announcement on the air at all as to why the contests were discontinued, and to answer phone calls by saying we are not able to give that information.”

“We feel certain that the air will clear on this whole general subject, and the Commission will promptly determine, when it reconvenes, whether it should extend its control into this who general area, or not.”

The memo was signed by Todd and typed by Todd’s personal secretary, Ruthie Peterson.

As I look back, three commissioners wanted to vote for a hearing, and three did not….and one in effect abstaining. As Storz wrote in the memo, “This presented a pretty dark picture”.

Todd wrote, “In its last days before adjournment, the Commission was tremendously busy, and our matter was not on the agenda for reconsideration on Thursday. We felt our only hope was to go right down and line and agree NOT to do anything questioned in the Commission’s original letter. We did this as a last resort, and it worked”.

In other words, Storz cleverly went along with the Miami owners request of no contests, no promotions, etc. And the FCC eventually approved the transfer without a hearing.

And Todd kept his word, as always. No contests, no promotions. But, he put together a fabulous disc jockey team…really talented. Those Miami owners really missed the point….it wasn’t the contests or promotions that made the Storz stations the most listened to in their markets. Indeed, contests and promotions were only a small part it. It was the total programming package!!!! But the Miami broadcasters probably figured it out within six months when WQAM bolted to number one in ratings in the market with 30, 40, and 50 rating shares. On the air WQAM boasted “A Runaway without A Giveaway”!!!!

And so it is today…a broadcaster can contest, promote, advertise…you name it…but if the product is lousy the ratings are too. On the other hand it is very possible to get good ratings with a GREAT product without a tremendous promotional effort….harder, but possible.
And, there was a probable first amendment issue…maybe!!! Hey, if there had been a hearing could it have been possible that the FCC would have told all broadcasters…no contests, or promotions. Would that rule be in existence today???? We will never know due do Todd’s confidence in his total programming concept!!!!
 

e-mail Kent kent@kentburkhart.com
 

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