Unknown title — Public Utilities Commission v. Pollak

Supreme Court brief1951

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Text

or cost on’ the, part of the Company. On this basis Mr.

Strouse jnstalled a single réceiving set in a —s and

a single receiver on a bus. 7

The 44 usie as jyou ride’’ bus was operated on various

lifes at various hours of the day during ife w eek of

io3- Maren: 15, 1948 in order‘io gei a cross seciion of ex-

» petience. The car. was operated on the Mt. Pleasant

line dnring the week of Mareh 22, 1948. ' During this period |

the passengers were “polled by card as ta their reaction to .

the ‘musit as you ride’’ program.

At the end of the two-week period the cards were tabu-

lated They showed that 92 per cent of the bus and street-

car passengers preferred‘ megic as you ride.’’ The cards °

used in the~poll were distributed by students of George

Washington University.. They were tabulated under my

supervision: , s

_* While the poll clearly indicated public preference for

‘“‘Musie as you ride,’’ we felt the sets had not been per-

fected sufficiently to place-miore of them on the vehicles

at that time. However, we showed interest m the expefi-

ment ‘and on the basis of these tests continued talks.‘with

Mr. Streuse. In fhe meantime other cities were experi-

menting and the receiving sets were sufficiently improved

to warrant further experimental installations. :

' On February 10, 1949, 10 sets were installed and broad-

casting began. By February 18th twenty-one sets were in-

stalled, pt-on busses. As I stated before, the installations

have been progressive since that date, the 212) set being»

‘installed on September 27th.. Special he hed oeape.: be-

gem after the first installations.

Q. Will you please tell ais the reasons that moti-

159 vated the ‘‘misic as you -ride’’ installations begin-

ning with the February 10, 1949,° installations, A.

There were two reasons: (1) We felt that our pessengers

would like the diversion of music as they rode,dased on

the 1948 survey; that it would help them pass the time

more pleasantly, and that it would make their ride seem

shorter. Sng ae

36 eres a

(2) ‘Axipties Garcon was. our operating costs, were rising.

‘and still are. As a matter of fact we showed deficits in*

July and August, 1949 and only a small net income in Sep-

tember.

‘We consider it part of our responsibility in providing

good transportation at reasonabie rates to expiore and

encourage every possible means of reverue even though it |

does not come directly from the rider. The advertising

revenue that can be obtained from any ‘‘:nusie as you ride”’ |

arrangement presents that oppertunity. | The money

earned thr ough this method is credited to our Gross Reve-

nues and thus is reflected 1 in our Operating Income. This

relieves the passefiger “of paying the complete cost of his

transit ride to the ¢xtent advertising revenues are earaed.

In other words, for the privilege of advertising, the ad-

‘vertisers of transit radio help pay the t of the ride to

‘the transje ‘der. The earnings from this source we felt

had iiaportant potehtials and“in the interest of our passen-

ae gers We could not ignore it. We felt that we should

160 take advantage of this means to help relieve the

pressing neede for more revenue.

Q. Will you please tell us whether or not: any contract

was entered into with respect to the ‘‘musie as you ride’’

installations in Capital Transit vehicles? «A. Yes. A con-—

tract was entered into between the Capital Transit Com-

pany and Washington Transit Radio, Ine.

Q. I band you. a document headed ‘‘Agreement’” a nd —

dated | Deenben, 13, 1948. Is this document a correct copy

of the-contract you referréd to in your previous answer?’

A, It i a, -" ff oan ‘ 5

Mr. Awalt; Chairman, may I have: this document Wd

- marked 4s ¢ sdanpamaed Rath NOT Yorlithentifeation ’

Chairman Flanagan: It will be so marked.

* : * * .. . * + : 6 y * oe: 3

/Q. Mr. Giddings, will you briefly explain the financial ar-

rangements sét forth in thm=ontract, known as Ex-.

161 hibit No. 1? A. Essentially it provides for a mini-

a an

eer * 4

mum ‘payment of $6 per \month for each vehicle hav- .

ing a receiving set. As thé gross income from advertising |

tises, the Company proportionately benefits. Inasmuch as

“this is a new media and is only in its beginning stages,

there is no experience as to the ultimate potential return.

We feei, however, titat it can be very materia! and substan-

tial if given the opportunity. to progress: -

Q. Now'I understood you to testify that ’as of Septembtr

15, 1949 the total installed sets were 212? A. October 35,

Mr. Awalt. . x

. Q. October 15. On this basis, what is your present in- |

come from the ‘‘musie as yeu ride’? installations as of

“Oetober 15, 1949 A. $1272.a month or $15,264 a year. ¢

This is based on the minimum $6 a set as provided in the

contract. 3 Sis a es : ;

Q. Is it the intention of Capital Transit Company to in-

stall additional sets in other vehicles not new équippedt

A. Yes. We contemplate eventually a total installation

of approximately 1500 sets. ees 3 :

, @ On the basis of 1560 sets, what would be’ your income

from this source at thé minimpyh‘rate of $6<persset, A.

$9060 a month or $108,000 a year?” Renee, te

_Q. However, under the conttact, | understand you to say

that if gross income for advertising rises, the Com-

162. pany would benefit proportionately? A. ¥es.

*. * * . * * 2 * * e

163 Q.. Did the Company undertake to further these

installations, as far as public acceptance was con-

cerned, on the basis of the survey made by George Wash-

ington University Students earlyOin 1948? A. No. me

fore firming any arrangements with Washington Trans

Radio, and ‘with their agreement, we jointly retained Ed-~

‘ward G. Doody and Company, an’independent research or-

ganization, to determine further public reaction. We

wanted a survey broad enough to statistically reflect the

attitude of all our riders. This was done during the week

of April 1, 1949, after, the programs liad been regularfy

es 38 :

broadcast from 7 a. m. to 7 p.m. weekdays and 7 a. m. ‘to

3 p.m. on Satordage a1 on at least 21 vehicles since Fépruary

18, 1949. |

The pr ograms were of the same pattern ‘ened to-

164 day; namely, Selected 1 music, news, weather and time

reports interspersed with short commertiais and

publie sery rice announcements. The announcements aver-.

aged about 6 minutes out of every~kaur. Our instructions

‘to Doody were specific and with one thought: Do the ma-

: jority of our ‘ridgrs who have listened to the programs like *.

‘music as-you ride’’ or are they opposed?

Mr, Doody prepared a set of questions wliich he felt_

_ would objectively give ug the answer to our questions. We

- wanted an unbiased answer before proceeding further. —

A. Will you please tell us the result of that survey? A.

The Doody survey indicated that an Sens ma-

jority favored ‘‘music as you ride.’’

Q. Following this survey, did your Compafhy céme to a

conclusign as to further installations? A. Yes. ‘This fact _

coupled with the substantial financial return which might —

result and’ which would. be helpful in meeting the costs of

providing transportation led us to.the conelusion that the -

installations were inh the interest of our patrons.

Q. Did you consider the minority objections to the in-

‘stallations?. A. Yes. We. realized there would be some’

objections. but we, took pains to see that the type of pro-

gram was one that. had good music as a base and of the

type which,yas been suggested:by Parent Teacher

165 Associ ations, Women’s Clubs and others. The com-

-mercials were not to exceed 60 se¢onds duration and

be of a factual character.. Thé news events and time sig-

nals are believed to be of general interest to all.

Perhaps, our. greatest concentration to meet.the possible

objections of the minoritf was the standard set on musical

Selections” To that end we prevailed Aton Washington.

Transit Radio to secure the transcription library which

Muzak Cor poration had available for this type of service.

| We felt in-this instance that their long experience, knowl-

ws Oo

: , : . 9

a .

pera

edge“and reputation in musi¢ selection would meet the ap-

proval of the minority.

Dd * * . a e * . a

- 166 9. Mr. Gidding gs, can-you tell me w shether any i in-

structions have been given to ‘the operators to turn

off radio sets in any of the vehicles at any time? “A. Yes, —

sir; they have such instractions in the event that they con-

sider the set too loud, that is, playing tow loud or some-

thing being wrong with it.

Q. Mr. Giddings, did you as vice president of the Capital

_ Transit Company take uo with the superintendent or head

‘of the Police Department, the question of the need for a

-heense under the Police Regulations? A, Yes, sir.

- Q.- What did they advise you? A. They advised me that

“tis felt it was not within their jurisdiction or their re-

3 ——

* * .* ; * * e a * *

_€ross-Examination :

168 ——-BY Mr, Pollak:

Q. Is there aRy other transit company which oper-

ates trolleys or busses in Washington to pick up, the pub-

lic in Washington and deposit it in Washington? A. Not

to my knowledge. I am sorry, Mr. Pollak, there is one

- other company that does that.

Q. Which is that? A. The Washington, Marlboro sna :

Annapolis Line.

~ 169 Q. That. picks up passengers in Washiiigton and

discharges them in, Washington? A. -Yes, sir.-

. * * * . - + + *

199 Redirect Examination

By Mr. Awalt: .

Q. One question, .Mr. Giddings. You mentioned the

Washington, Marlboro and Annapolis Line, I believe. De

you Know whether they have radics on their buses? A. I

understand sg.-——

G . %

@.2

| . 4

oO t

. ‘» 200, Hulbert Taft, Jr., was called, as a aes and,

after having b-en duly. sworn, was examined and

testified as follows: | aN ,

Direct Examination i 7 ns)

By Mr. Dowd: ; ? ree

Q. Would you state yen> ‘name and residence for the ree-

erd, please? A. Hulbert Taft, Jr., Cincinnati, Ohio. |

Q. What is your occupation, Mr. Taft? A. I am execu-

tive vice president of Radio Cincinnati, Inc., a company

which operates a standard broadcast station, television

station, and a transit radio station.

Q. Do you haye any connection)with Washington Transit

Radio, Inc., or Capital Transit Company? A. T-do not.

Q. You mentioned that your company: operated a broad-

casting station and transit radio receivers. . . Where is that

operation? A. That’ oper}tion is in Cincinnati, Ohio.

* * * * * *° 3 * e @

201 (). Mr: Taft, you mentionec that: you are interested

in the transit radio operatio in Cincinnati. Do you

_ have any knowledge as to any other cities that may Have

this type of operation? A. Yes, I do.

Q. Would you name them, please? A. Transit radio is

_ now in operation in Cincinnati, Ohio; Houston, Texas; Bal-.

-timore; Maryland; St. Louis, Missour?; Wilkes-Barre,

- Pennsylvairia; Evansville, Indiana; Topeka, Kansas; Des

Moines, Iowa; Worcester, Masachusetts; Tacoma, Wash-

iy ington; Allentown, Pennsylvania; Huntington, West Vir-

_ginia;’Suburban Pittsburgh; and Washington.

‘Q. Do you have any information as to how long transit |

ne radio has been in operation in those cities and how

202. many sets may be in use’at the.present time? A. Yes,

I can give you the complete information: on that.

Cincinnati was the first operation beginning July 10, 1948.

| There are now 475 vehicles equipped | in Cincinnati.

Commissioner Lauderdale: Do you know the total num-

ber of vehicles in’ the cities?

¢g

nati, do you have any persgnal knowledge as to the. acs.

epee

The Witness: Yes. 4

Commissioner Lauderdale: Would you 1 mind giving that?

The Witness: I can do that by cities and give you the

total:

‘There are 2,945 vehicles equipped in these eifies.

“Mr. Dowd: I think what the Commissioner was inter:

ested in knowing, for instance, in Cincinnati you state you —

fiave’ 475 receivers, What is the total number of vehicles |

in Cincirmati? - :

The Witness: It is saccataniaie 50 per sent of the to-

tal vehicles. It is about 80 per cent of the total available

vehicles, by which I,mean that in the old-fashioned street

cars transit radios are not feasible because of the high

noise level in those cars. We are installing them in about

80 per cent of the vehicles” which we believe to be suitable

for this purpase. . é

In Houston, Texas, there are , 270 equipped vehicles ; in,

St. Lowis,. approximately a thousand; in Wilkes-Barre, -

about a hundred; Evansville, 110;"Washington, 220. subur- .

_ ban Washington, 30; Topeka’, 50; Des Moines, 50;

203 Worcester, Massachusetts, 290—incidentally- a com-

plete installation; Tacoma, Washington, 135; Allen-

town, 73; Huntington, O3 y suburban Pittsburgh, 75:

_ By Mr. Dowd: " ? tor age ats: :

Q. Did you mention Covingtotat any time? ALT in-

clude Caé¥jngtor | in the Cineinnati figures2+0 Af

Q. Is that a separate transit company ? A. There are

actually three companies: the Northern Kentucky, which

operates into Cincinnati, is the Covington, Newport and

Cincinnati Traction Company, the Green Lmes—that is a

Q. As the person-in charge of the operation in Cincin-

ceptance by the public of transit. Fadio- in thay eity? . A.

Yes, of course. Four different. suryeys: have been made. ig

Cincinnati, including’ northern Kentucky.-. - Before the: Cin-

cinnati Street Railway Company or the Green: Lines en-

‘complete installation, all of those except for 12 street cars. oe

"\ 42 :

a ar REINS Res tr

‘tered into a contract with us, they were very insisteut

that as complete a tabulation of rider opinion be obtained

as possible. Obviously. we were just as much eoncerned,

we Were perfectly aware that without a large measure of

nublie support the whole project wouid fall to the ground.

Theref ore before a contract was drawn with either of thes®

- companies, more than 5,000 ballots were taken on a

204 .’vandom basis in the vehicles in those two cities and

_we obtained over 90 per cent favorable replies/*

After three” months of cperation we made a recheck and

took abont 1,500 ballots and the result was very ‘much the

same. ‘Only two or three months ago, ‘after a complete

year of operation, in order to determine what'the continued

thought of the public was, wé took a third survey with al-

most an identical figure in favor.

Mind you, we are as aware of public pgs as any-

‘body else is. We can not possibly succeed unless we have

a very considerable majority who favor. it.

Q. Mr. Taft, have you received any information from”

‘any of the cities in which transit radio has been in opera-

* tion which indicates ‘that the installation may or, may not

_have any effect on the safety of operatiens in those ‘cities?

| A. Yes. - In Cincinnati, although no specific survey has

been made, the satety director of the’ Cincinnati Street

; Railway Company has advised us that in no. ‘Sense has radio

in buses contributed to accidents in one year of experience.

‘The figures in Cincinnati show -tliat for the first eight

months of 1949%as against the same period in 1948 there was

a 13.3 per cént decrease in traffic accidents involving public™

vehicles. ; ries :

. Q: You axe not maintaining, are you, ‘Mr. Taft, thaf that

Sat 13.3. decrease is due solely to the installation of.

205 radios? A. No, Lam not mainfaming that. I don’t

think’ sufficient information is available either in.

Cincinnati or in the other cities in which we are in opera-

tion to prove that définitely. I think the figures there ang

in other cities certainly do prove that.there is no increase

Se aoe

, 4s

in accidents because of radio and I thisk there is some in-

dication that the accident rate tends ‘to (fecline, although I

certainly could not prove jit, where radios are in the buses.

- Q. Do you have any figures in reference to Covington

wae you say you have an almost complete installation?

A. Yés. I think it may be of some interest in Covington

we have 112 out of 127 vehicles equipped. The only

equipped vehicles ate old-fashioned street cars. They ae”

been equipped since July 10, £248. In other words, for

considerably over a year almost a complete installation.

In the first six months of 1949 as ‘against the same period

in 1948 traffic accidents wereedown 31.7 per cent under the

previous period, comparable period.

” I think it is also inteiesting to note that Covington was

‘ one of the safety winners, was one of the three w inners in

its size class of the annual safety award.

oMr. Harrison: May I ask if that 31.7 per cent decline :

in Covington related to public transportation vehicles?

: The, Witness: Yes. .

- 206 Mr. Pollak: Extlusively? fgg

The Witness: Yes. i |

By Mr. Dowd:

@. That related solely to. the accident Aecten for the

transit eompany in whith these radids had ‘been installed as

against their previous period. -of operation? A. That is

correct.

* + * * .¥ * ’ 7 *¢ *

215 R. L. Willoughby was eailed as a witness and, hav-

ing been previously duly sworn, was examined and

- testified as follows: AS 7 :

= 7. Direct E zamination

ite By Mr. Awalt:

Q. Will you please give your name and addfess for the

record? A. R. L. Willoughby, 442 39 14th Street N. W,,. +

Washington, Apartment ,32. ) aa ns Peet Wee

By P ’

Q. Mr. Willoughby, are you employed by Capital Tran-

sit Company? <A. Yes.

Q. How long have you been in the employment of Capital |

Trawsit Coétmpany?- A. Twenty-four years.

Q ) What is.vour present position with Capital

216 =Transit Company? A Supervisor ‘and instructor.

struct new operator® in. the operation of both street cars’

4). How long have you been occupied in this posi-

tion? A. Thirteen years.

Q. Will you please briefly explain your duties? A. ISn-

“and buses during their initial training and I instruct new

operators during their 90-day probationary period. I also

check and observe operators who have had complaints

made against them or who have had an accident record. If

also make récommendations as to the ability of operators. '

Q. What proportion of your time is pent on instruction

work and what proportion on checking and observing op-

erators who liave had accidents or complaints made against

them? A. Approximately 10 per cent on initial instruc-

tion, 65 per cetit on probationary work, and 25 per cent on

complaints and accident work.

Q. When you gay that you chéck and observe: operators

who have had odmplaints made against them or who have

been in aceifénts, what exacily do you mean, Mr, Willough-

by?. A. The)progduré would vary, depeting on the par-

ticular ease, but as the usual thing, I-beard a\bus or street

ear whigh is being driven by the operator against whont-

complaints have been made or who has had an accident. I °

observe the operator while he is operating the «ve-

217 ,- hicle. I observe his reflexes, his general operation

and technique. I poigt out to him any faults that

I may see in his method of operatton. I aiso discuss with

him the~ complaint or complaints: that have been made

-egainst him or the reasons that, caused an aecident. In

general, Igattempt’ to ai ei both his attitude and his

operation.

° bl . 45: - = - : Q

Q. Were you at one time an operittor yourself t <A. Yes,

I was and I now give demonstrations in operating street

ears and buses. . - \

,Q. In cliecking an operator who has had an acvident, do

you go thoroughly, into the stability of the operator? A.

Yes. I check to see whether the operator is having do-

mestic trouble, financial trouble, or if there is anything wor-

rying him that would affect his general stability. .

(). Have any of the operators on whom you have checked

as to complaints or accidents operated at any time radio-

‘equipped buses or street cars? A. Yes.

Q. In’ the course of your checking, your. official duties,

~have you ever_-had operators tell you that aneaceident or

complaint made against them was caused by the reception

over the radio sets in, the street cars or buses" which they

operated? .A. No. ae fae :

Inyyour operation of ‘street cars ‘and. buses for

218 .demonstration purposes have you operated buses or

street cars equipped with radio receivers? - A. Yes,

I have operated both street cars and buses so equipped.

Q. Did you find. that the reception from these radio-

equipped buses or street’ cars m Any way interfered with

- your operation or have’you ever felt: they affected the

safety of our operation? A. I have never found that they

interfered With the operation, nor do I believe that they

bave affected in any way the safety. of such operation.

I might add that I am not conscious af the program which

is being, received.

Mr. Awalt: You may cross-examine.

Cross-Examination

By Mr. Harrison: ag | . :

(e Willoughby, are you able to hear ordinary traffic

signals when you,are operating a street car or bus equipped

With. a radio receiver? A: I certainly can.

(). Are yort able to hear-the signal balls on the vehicle,

the call bells to stop? A. [ certainly can.

pte Q. Is there a receiver near the driver of the’ vehicle?

A. I am not too familiar with the location of the.

21% receivers but I think ther@is one a few feet & in back

of him. :

Q. Has the. reception -in any way’ interfered with your ~

operation. cof a stréet ear 6y bus? A. It certainly has not.

Q. What ‘is_there about it that might interfere, if it did

pone tise A. I don’t know of es ta I sca eve a

any attention. a

Q. Have you ‘found that the volume i is too great? A. No,

I haven't. 3

+ ; RES ; . - he tae * . ie

Cross-Examinatioa o>

®% By Mr. Pollak:

q). How much time have you spent yourself driving ve- |

hicles which have. radios installed 4n-them? A. I

290 have no recora of that but I would say I have driven —

about 20 a month, 20 buses or ears so equipped.

'Q. Each, month? A. Kach month.

Q. How much time do you spend in those on the average

roughly on such occasions? {fs it an hour ora day? A.

two or three hours rovghly. * .

_Q. Did you ever ask drivers of street cars w hether they

liked these radio installations? A. I ha@e, especially so. |

_ since this’ investiggtion started... &

Q@. What have they answered? A. Most of them said

that they* liked it and some of them said it dicn’t affect

them one way.or the other. ~~ :;

Q. Did some of them say they did not like it? “A. No, I

haven’t had a single one who, said he didn’t like it?

~Q. When you drive.these buses yourself, or trolley ears, °

-with the radio installations, do von call out the streets

which you are coming to? A. Ido. |.

Q. Do you find that extra effort is required to call them

out when the radio is playing and the buses are stopped for

traffic, for exaniple? A. No, just the. usual tone.

- Coen. | Seal : : :

> it . a : :

4 Q. Aré the radios instailed in training vehicles?

221 <A. Yes, we use them if there are any evailable at.

the time.

. : ; ‘

* * . * * « * an 2 ” aa

> - .

fap EB. L. Keller-was called as a witness and, having

been duly sworn, was examined and testified as

follows: . ' ¢

Direct Examination /

By Mr. Awalt:

Q. Will you please give your name and Address tt

EK. L. Keller, 4423 Chesapeake Street, N. W.

Q. Are you employed by Capital Transit Company? 7 i

Yes. | & :

. Q. What is your present position? - re IT am instructor

in the operation of buses and street cars. 7

Q. Will you please explain your duties in more detail? -

cA. After operators have figished their initial training, they

enter a probationary period of 90 days during which time

- it is my/duty to follow up with instructions to those opera-

’ #tors assigned to me during that 90-day period. ‘T also

make recommendations on the operator’s ability to perform

his duties.

During this work I of course ride transit vehicles most

of the time. I also have ogcasion, since I use transit ve-

hieles getting to and from the various assignments, to ob-

serve other operators im the operation of their vMbicles.

| Q. How iong have you been employed by Capita®

224 Transit Company? <A. Nine and one-half. years.

A. How long have you been in your present posi-

tion? A. Four years.. ae Pte

Q. Before taking your position, were you an operator of

vehicles.on the Capital Transit System? <A. Yes.

Q. In the course of your duties do you new operate Capi-

tal Transit vehicles? A. Yes, I do. ‘It is part of my in-.

“struction work. rs Vm

"8°: 3

Q. In the eourse of your duties do the operators you in-

struct and those you observe iff riding the street cars and

busés operate radio-equipped vehieles? A. Yes... |

Q. From your observations of the tgrs on these

vehicles equipped with radio reeeivers do you find that the

operation nis in any way interfered ° with by the reception

over the radio speakers? A. No. |

Q. From your observatian. do you oF do you not be-

lieve.that the safety of the opgration of the vehicle equipped

with radio receiver is in any way impaired by the reception

received from such receiver? A, From my observation I

believe that the safety factor i is not in aky way inter-

225 fered with by the reception received over the radio

receivers. |

. Have ydu in the course of your duties talftea to.any

of. the operators as to whether or not they like or dislike

‘to operate, vehicles equipped with radio ‘receivers? A.

Yes, I have talked to about 100 operators who have oper-

ated vehiales equipped with radio receivers and almost

without exception they like to drive the vehicle so equipped.

Q. Yon stated that as part of your duties in connection

with instructions that you actually operated vehicles.

Were any of these vehicles equipped with radio receivers?

A. Yes. : gs he

(). During your operations were programs being re-

ceived over’ the radrescaseiv ers? -A. Yes, ina great many |

cases,

Q. Did you find that such programs ih any Ww vay interfered

with your efficient operation of the vehicle? A. No.

. Q. Would you prefer to operate a vehicle equipped with

a radio receiver rather than one’ not so equipped? A. T

would prefer the one equipped with the radio receiver.

Q. Why? A. I find that the public in general is in a

better mood. : .

Mr. Awalt: You may cross-examine. —

“§ a

226 : Cross-Examination we

By Mr. ‘Harrison: 5

.Q. In the operation of ‘radio- equipped buses or street

cars are you able to hear the traffic signals such as given by

police _officers or automobiles blowing | their horns? A.

Yes, sir. : . :

Q. Does the sound ingerfere i in any respect bl the hear-

ing of such signals? <A. No, sir.

Q. Are you able to hear the stop bell on the vehicle? A.

Yes, ; é

Q. Have you ever - observed whether or not a yerson who,

asked for street directions or where to get off a vehicle

- has been unable to be heard either by the driver or the

driver has: been unable toe hear -the question? AL No sir,

have not. zolieh .

Q. Has that matter ever come to. your attention at all?

A. Not where the operator could not héar the passenger,

- no sir. 7 |

(). In riding on one of the vehicles as an instrector Ww hat

is your position in relation: to the triver, near or‘far aw way?

A. Near. : eet

Q. Is it on the seat ‘immediately behind’ bim? LA. On

either side of the ear.

4 Q. Have you ever driven a vehicle occupied by

school chikiren? A. Yes, sir.

Q. Which is more distracting to the criver, the sound af :

school children or the sound of the radio. reception? A.

School children. Yee Meera

Q. Have you observed the normal tone of voice between

passengers ‘talking amongst themselves and. the radio re-

ception to see which may be iouder, to‘see if one interfered

with the other?’ A. I notice the tone of the people’s voice

much more than the radio because I do not ‘pay any atten-

.tion to that. . - Rosatoet ts

- Q. You’ mean it is Jouder than’ the radio? A. I think

you could distinguish the voice more clearly.

es | a0 :

° Q. Did the radio sounds interfere with your diseussion = -

with the driver w hen you were instructing him-in any way!

A. No, sir.

-{). Do you have to speak in a louder tone of votee than

you do on a vehicle not so equipped ? A. No, sir.

lp DS =) “* ret -" «© . ig ‘e <n

229 I. 8. Nichols was called as’ a witness and, having + ~

ae been first duly sworn, was examined and testified as

follows:

Direct Exa minat ion

By Mr. Awalt: ° \

Q. Ww ill you please state your full name. and eaddress?

Ey Re: oe. Nichols, 6007 Ryland Drive, Bethesda, Maryland.

Q. Are you employed by C apit tal Transit Company? A.

Yes ,o Sir. |

Q. What is your present. position?: A. kam supervisor-

MQ. When yok « Gneraiiog, 6 ee aa

Q. When you say car, you mean street ears? A. Street |

cars, yes sir. "3, ~

Q. Will you flease sila your duties in more detail?

A. After opeyators have finished their initial training, they

enter a pro jationary period of 90 days‘during which time. %

it is my dfty to follow up with instructions to thage opera-

tors during’ that 90-day period. I aiso make recommend ;

tions on operator’s ability:to perform his duties.» ‘Durifig . \

this work I ride street ears most’ of the time. I also have) - oe

soccasion, since 4 use transit vehicles satting to and fiom! 7

various assiguments, of observing other er iti thei

opergtion of their vefiicles.. ° (

230 Q. Yow long have-you been employed % Capital ,

Transit Company? <A. Ewenty- “SIX years

’ (). How long have you eceupiod your present position?

A. Eleven years. s snort.

_(. Before taking your present position, were you an

operator of vehicles on the Capital Transit System? A.

Yes, sir. + - = a: oF

;

}

;

fered with your efficient operation of a vehicle? - No.

Taba ‘bl %

(). TA the course of your duties do you now operate. Capi-

ransit vehicles? A. Yes, sir: <° ’

—Q:- Tn. the course of your duties do the operators you in-

stfifet and others you observe in widing street cars and

ses operate | ratlio- equipped vehicles? A. Yes, sir.

/ ‘QW. From your observations of the operaiionus op those

‘ vehicles equipped with ¢h® radio receivers do you find that

the operation is i any way interfered with by the re-

ception over the radio speakers? A. No, sir.

(). From your dbservation do. you or do you not believe

that the safety of the operatian of vehicles equipped with

radio rece:vers is in any way: impaired | by the reception

“* reeeived from such receivers? A. *FPyom my obs¢r-

“931 vation I believe that the safety factor is not in any

way interfered with by the reception received over,

the radio receivers. oi,

@. Have you in the course of "your duty talked to any

of the operators: as to whether or not they liked or disliked

to operate vehicles equipped with radio receivers? A. Yes.

I have talked to at least 200 operators who Lave operated.

vehicles equipped with radio } receivers and almost without

“exception they like to drive ears and buses so. equipped, i

might say that in the early days, there were some few com-

plaints by operators w ith respect to loudness but in the

_last month or so I have not -bad these complaints.

Q). Mr. Nichols, you stated that as part of your ‘duties,

in- connection with instructions. you actually operated ve-

hicles. Were any of thesé vehicles equipped with radio re-

ceivers? A® Yes. — Sey 7 ,

(). During your operation of these vehicles were pr,

grams being received- over radio receivers? <A. Yes,

many cases, . x :

G. Did you find sah such programs in any “ int

Q. Would you prefer totiperate al vehicle equipy :

with radio receivers rather. than one not so equippqdt

A. 1 would prefer 140 obras one with the radie

232 receivers. -’ é crers

Q. Why? x Because it has + tendons to keep

the passengers in a better mood and Pes are easily handled -

that way. It also makes it easier on the operator himself,

Mr Awalh: You may cross-examine.

By Mr. Harrison:

Q. ‘Did you find in your own operation of radio- -equipped

vehicles, Mr. Nichols, that the sonnd from the receivers dis-

tracted your attention to your. driving? A.o No, sir.’

Q.. Does it tend to “fatigue yon, listening to the abana

drumming out of music, news announcements, weather re-.

ports! A. No, sir, it did not because I don’t allow it to

interfere with my work. When you are driving a_ street

ear your.drties require your fall attention and as far as

the Tadio’ is coneerned you don’t even know it is there.

Q. In oper ating such vehicles could you hear the stn

signals such as a policeman’ s whistle or horns on ‘an fap-

proaching vehicle?*-A. Yes, sir.

a. Q. Have you cperated street cars sith school chil-

233 dren on them? <A. I- leave sir.

Q, Have. you operated such a vehicle equipped |

with radio? A. Yes, six.

Q. Whrieh is louder, the school children or the radio? A.

‘Naturally the, school vhildren are.

.Q: flave you ever: -observed whether or ey the radio 5 eee

ception interfered with conversation of passengers? A‘

No, :8i?;.° ? ,

Q. Have you observed whether or not the tone of the

passenger is below or higher than- chat of the radio? A.

. No, ‘sir, I have not. - %

(). “Have you ever had complaints from passengers on

your street car of the noise from the radio? A. Not that

[can recall. I4lon’t rémember of any one instance.

Mr. .Harrison:. Thank you, Mr. Nichols.

inf

a Re ie 53

- Cross-Examination pa

By Mr. O’Ded: > SP pi ee eG

Q. You say-the radio makes it easier on the ns operator”

or street. car - ‘operator? A. Not exactly the radio wakes ¢

it easier. Wher you lave a bunch of* ‘passengers who are.

congenial, friemdby, that has a tendency to cape your work

easier as an operator.

| _Q. And tlre radio makes the passengers ccongénial?

234 . A. That is my idea. phere aR tere

+ * ¥ 3 Y. *. * @ * *

IERIE PS OR AISLING ra aH rE ie PO ENC BES RR US ESE BER AE SS ce, OTe EE AY SPD

K. Cc. McCloskey w as called as a witness and, having been

first duly sworn, was examined and testified as follows:

’

f. Direct eget os

4 “By Mr. Awalt:

—Q: Will you please give your name and ‘address? A.

K. c McCloskey, 9891 .63rd Place, Cheverly, Maryland.

@. Are you anno by Capital Transit Company? A.

Yes, sir.

_Q. How.long have you been in: ne employment of the

company? A, Seven years. ” ri ceie

Q. What is your present position with the com-

235 pany?. A, Safety supervisor. . :

~ - Q. How long have you occupied that pone) A.

Five years.

Q. Will you please explain your Deith “A As “my title

indicates, I am principally ‘charge® with the question of

- safety with respect to thé operation of street cars and buses.

l am interestecé in preventing accideriis of any kind-or na-

ture connected with buses or street cars-and for this reasen,

- among other things, I visit any place where an acejdent

, has oceurred.* I go into the reasons, for such accidents,

whether Such accideis could haye been prevented. T talk

‘4 : With operators as to the prevention of accidents, whether

ythere are any hi wardous: ‘points on their routes and,

whether anything ‘an be dong-to protect these hazardous

points.

goers

citizens’ associationsy: luncheon clubs, oa Se parent-

teacher er and so forth with. illus ‘ating motion

“ee a aa

eens cs.-

| Q. Mr. McCloskey, have you ever been an operator of a

street ear or bus?) A. ‘Yes, sir. .

Q. In the course of your duties do you ever now

236 operate a street car or bus? A. Yes, I do‘in order —

to check the safety. factors.

Q. What was your reaction when you first learned that

radio receivers were to be. installed on street cars and

buses of the Capital Transit Company? ‘A. I was. opposed

to such installation. I felt that radio. reception. would in-

tegfere with the efficient operation by operators of street

ears and buses and would decrease the safety factor.

Q. Do you still feel the same way? A. No sir, I do not. .

I have found in my study of accidents or safety. factors

‘

that the radio does not in any way interfere with the effi-

éient operation and I-have found that it has not been the

cause of any ares :

Q. Have you talked to any of the eperaioes: Sth respect

to the: opel ration of radio- equipped vehicles? A. Yes, I_

have talked to approximately 500- operators’ and I have

found. only one who was opposed to the radio.

Mr. Harrison: You said only one?

“By Mr. Awalt: - Pitas Gy 2

Ce 2

"Mr. ‘Awalt: Yes. Wi aes ain a eo,

% 3 or . ¢f “24 .

Q. Haye’ you, found In your .own, operation of radio- |

equipped vehicles that the program ‘eceived distracted :

your attention in any way from the sepbbcnani of the ve- .

hicle? A. No, I have not.

! Q. Mr. McCloskey; “where in your opinion do the |

237 ~~ greatest number of ‘traflie accidents occur in the Dis-

, ‘trict of Columbia? A. In. & Ot is known as thie’

~Gngested. ‘business see tion. By congested bifsiness section

‘

Lhave a general knowledge as to the cause of accidents. A

I also give short talks on safety to public bodies such as

Pi eae Ex tes

, ee

Gu het

nee Pee

Laer!

mary

I mean the area of about eight blocks long and six wide,

bounded ‘on the east by 7th Street, Northwest; on the

west by 15th Street, Nerthwest; on the south by Pennsyl-

vania, Northwest; and on the north by New York Avenue,

Northes net. Thea ares ze approximately ane. sanare mile.

AVW!A UE

‘Q. When you say. the greatest number, what exactly do

you mean? A. I mean the area I. just described as com-.

pared with any area of similar size in the District.

Q. What is the approximate area of the District of Co-

lumbia? A. Approximately 68.9 square miles.

Q. What, percentage of Capital Transit traffic accidents

occur in this one-square-mile ayea as compared with the

68.9 square miles area of the entire District of Columbia

A. Approximately 11 per cent:

tee Q. Do you know the ntmber of lines ov which radio-

cnuiowad vehicles are used that travel into, or through this

congested business section? A. Yes sir, 32 enigr or travel

through such area out of thé 43 lines’.on which radio-

; equipped vehicles run, or about 76 per cent. Eleven.

al do not travel in the congested business section as

. defined by me.

Q: \of all the lines running into this scnweotod section,

any lines do not have radio equipment? A. Of the

. entering such area, seven, lines do not have any

7 radié equtpment. CMe

‘ 4): Then, as I understand your teatimony, the. 39 lines,

of which 32 have ‘radio’ equipment on. them, are subject to_

_ a greater traffic hazar s than those not entering the con-

gested business sectio A. Yes, sir. :

Q. In. your. opinion = any comparison of traffic acei-

dents, should weight be given to the facet that. about. 76

|g per cent of the lines which have radio-eqnipped vehicles on

therm enter the congested business area? <A. Yes, sir. .

Q. How many lines are there in the Capital Transit Sys-

— tem? <A. Approximately 121. 5S Maas

3- Q..Am I correct then in understanding .your testiniony —

~. 10 be that Capital Trar isit lines total L: 41, of w hich 43, or. 305"

‘,

Mle Seo

per cent, have radio ecnatprneit that of the 43, approxi-

mately’ te per cent enter or travel through the congested

business area as defined by you; and of the 78 lines on

which ¢here are ny radio equipment, seven lines, or less

than 10 riér cent of the non-radio- equipped lines,

°239 «enter or pass through .he area defined by you? A.

Your understanding of my testimony is correct,

‘which also means that 76 per cent of the radio-equipped

lines are exposed to @ greater accident hazard than those

not so equipped, the latter exposure being about 18 per cent.

Q. Have you made available to you information main-

tained by the Office of Director of Traffic as fo the increase

of traffic congestion in the District of Columbia? A. Yes,

sir, - : Ae |

- Q. Did you acquire this information as part of your offi-

cial duties? A. Yes, I do as a regular part of my duty in

‘order to keep abreast of any condition which affeets the

safe operation of the company’s vehicles. , :

*Q. What does that information show as to increase in

vehicle traffic entering the District in recent periods? - A.

{t shows an increase of about 10 per cent’ for 1949 éver

1948, and an inérease in the number of registrations of mo-

tor vehicles within the District for 1949 of 13,789 over 1948

up to September 30, or approximately a 9 per cent increase.

(¥- What conclusion do you draw as to these figures? A.

This creates a greater traffic hazatd and greater exposure

to accidents.

: Mr. Awalt: You: may cross-examine.

240 z Cress- Examination

wd -

By Mr. Harrison: z a

(). Mr. McCloskey, did you hear ‘Capt. Johnsodn of the

Inspeetor’s Office and Police Department testify yesterday?

A. Yes, I did. ‘i :

Q. Lo you rentmber his stating tha} since July there had

been 180 accidents involving street cArs? .A. Yes, sir.’

Q. And 26 of them were equipped Avith radios? “A. Yes,

sir. : coh 3

“)

fed ee

Q. Did you investigate ‘those accidents? ‘A. I wouldn’t

say, I investigated the \particular accidents, no.

Q. Did you investigate the cause of those accidents in

— cases? A. I couldn’t say as to any individual acci-

dent. My job is to talk to’every. operator I possibly can

| regarding accidents and I don’t pay any attention, you

might say, to an individual accident unless it is serious.

Q. Did anybody from your Safety Department make an

investigation to see whether or not the use of radios on the

street cars or buses involved in agcidents, about which Capt.

Johnson testified, caused the aécidents? <A. I am the only

one in my department and my job.is to try to find.

241 the causes of accidents and then offer recommenda- .

tions to’the company for the elimination of such

hazards, ;

. Q. So, your information is first-hand, is it? A. That is

. Tight. And in the course of talking to operators ‘where

there was a radio-er “upped vehicle involved in an acci-

dent J. have asked them, did the radio cause that accident, 3

and they have all thus far answered No.

(). Have you yourself: operat 1 radio- equipped vehicles?

A. Yes, sir, I have.

.Q. Have you ‘been able to-heqr the traffic signais over

the radio sounds? <A. Very plajnly.

Wid * ee ay * *

‘

7 =

QQ. Did you‘observe whether oy not passengers’ could be

heard making inquiries as to the location of Streets? A. -

In-my opinion they can.

Q. I think yow testified in your original testimony that

you had not found.that the radio had caused@ya single acei-

dent. Was my understanding of your testimony correct?

. Tha at is correct, yes sir. |

~ 5: gs * * seal e ® +

242 Max F. Ryan was called as «a witness and, having

-been first duly Sworn, was examined and testified as

follows: —

‘

| Dikect Examination | E teers

By M “Awalt: ey x

Q. W ill, you filéase. state your nant and address for th

score: Mr. Ryan? A. “Max F.. Ryan, 8209 Queen Any.”

Drive, ee ‘Spring, Mary'and.. :

ae ? Are, you empioyed by th e Capital, Transit Com-

248 Bit A XO

Q. What is your position with the Capital Transit

_ Company? A. Lam chief clerk in the Claims Department.

Q. As chief clerkan the Claims Deparfyrent, do you have

‘aceess to the records of traffic accidents ocdurring on Capi-

tal Transit buses and street cars? A. Yes, sir.

-@. Have you had prepared under your direction and su-

peryision, based “on ,Capital Transit records, a study of .

the/ ratio of traffic accidents operated by Capital Transit

on the rate of actidents per 100,000 miles? \A. Yes, sir.

Mr. Awalt: Mr.-Chairman, may I ask that this doeument.

be marked for identification as Company’s pane No. 2?..

Chairman Flanaga:: It may be so marked.

¢ ~(The document above veferredt to was marked

Ete Company ‘Exhibit No. 2 for identification. ).:

B Vv Mr.’ Awalt: ‘

po» eh hand. you a document headed ‘Bate of Traftic ‘Kook.

dents per 100,000 miles*Transit Vehicles, First Nine@onths

1949 and 1948,’ Company’: Exhibit No. 3 for. identification...

and ask vou Whether this is the document prepaced for -

‘which yot have responsibility. -A. Yest

244 Q. Will you please explain this exhibit?) A. This

ire 8 shows the number of traffic accidents that

-oceurred on all vehicles-from January 1 through September

30, 1949. the rate. being 9.99 accidents per 100,000 miles.

It shows the rate of jraffic accidents for.the same periad i in

i948 tobe 9.o4 aegidents per 100,000 miles of operation,

which 4 ix an increas » in 1949 ever 1948 of Ay or 40/ ‘100ths of |

one t Bre. lent per 700,400 miles, *

ai ? o! 3 *

ys aa a ¥ s : “4 ; ; /

foe Seen «

\ ° : Ee

Q. Do I understand this exhibit covers the traffie acci:

. dents over the entire talaga of ape) Transit Company?

A. Yes, sir.

Q. Have you had prepared. ‘cnaes your ‘direct - -super-

radio- -equipped vehicles from February 1J, 1949 to Sep-

tember 30, 1949, compared with, the same vehicles. not

equipped with radios| for the same period i in 1948? A. Yes

sir, J havé. . - 2 °

‘vision a stndy @hawing the traffie accidents aceurring on

Q. I hand you a, Seu headed ‘Rate of. Traffic Acei-

dents Per 100,000 Miles on Radio Operated Vehicles From

2/10/49 to 9736449, Cpmpared With Same Vehicles For

Same Period 1948.7 Was this document I have just de-

scribed prepared under \your direction? ‘A. Yes, sir.

- Mr. Awalt: Mr. C mialceias. may l ask that this docurient

bs’ marked as. company’ a Exhibit No. 3 for identification?

56 Chairman Flanagan: It may be so marked.

245 ; (The document above referred to was marked

: Company Exhibit’ No. 3 for identification.)

Mr. Harrison: Mr. - “Await, I did not hear-the exact de-

scription, but does that m ean that Exhibit No. 2 reletes to

accidents on vehicles not eqyipped w igh radios? —

( Mr. Awalt: Company’s Exhibit No: 2 represents the ac-

*eidents on alt vehicles sof the Capital Transit Company, in-

clading fhose éguipped and yor equipped, for the‘ com

parative period of nine months of 1948 and 1949. i

. Mr. Harvison: Thank you. ey .

By Mr. Awalt: : \\

Q.. Mr. Ryan, will you please explain. the exhibit and the

rocedure. that was used in making this,exhibit? JA. In

p & ‘

making thir ch oid we sted by number all the vehicles which

were equipped With radio receiving sets from February 10,

1949 to September 30, 1949. From our records we then.

determined the number of traffie aecidents whieh this group

of vehicles had up to and ineluding September. 30 of. this

year. We then calculated {he number of miles operated by

these vehicles from mo date .of installati ion of the radio

Sates ead

receiving sets to September 30,, ayo So we arrived at a

\ rate of traffic accidents per 100,000 aniles.. We also: eal-

| culated i in the same manner the: number of accidents on the

same vehicles: as a group for a like period for the

Deh vear 1948 when. wat radia eghinnad *

The over-all figure for 4949 is iS 8.81- accidents? per .

. 100,000 miles ‘of operation of radio- -equipped vehicles and

_ for 1948 the over-all figure. is 8.96 accidents per’ 100,000

miles 6f operation of the same vehi¢les not radio equipped. .,

This is a decrease of +18 or 15/100ths of an accident per ‘

100,000 miles. Rieti oes

the over-all traftie aceident rate for the.entire systam in-

creased in 1949 45/100ths of an accident: per 100, 00 miles °

and that on the radio-equipped vehicles compared with.

the sarhe operation for the same Vehicles not radio Aipped

. in’'1948, there was a decrease of 15/100ths- of. an accident

" per 100,000 miles? A. That is: right. as ne 7

+ Q. Da IT also: understand from these exhibits that thé °”

‘ over-all traffic accident rate ror the entire sysiam for 1949 ° .

is 9.99 accidents per 100,000 miles and on the racdio- -equip--

ped vehicles for 1949 the over-all -trafhe accident rate is -

8.81 per 100,000 miles} A. Phat is correct.

Q. Fken do-] ahdévetand that the traffic accident’ rate

per 100,000 miles on the radio-equipped vehicles is less than

the traflic accident rate: per 100,000 miles on ‘all the

247- vehicles operated by Capital Transit for 1949? A,

~ That is lads it is 1.18 less accidents, per. 100,000 |

miles. - - ve —

. °@ During what pene do, the: ‘programs on the radio-

equipped vehicles opérate? A. i ley only opérate between

-7 a. m. in the modtnitig and-7 p. m.in the oven and they

% do not operate en Sunday. 9 /

Q. In giving the figures on Exhibit 3 as to thaffic acci-

dents on.the radio-equipped vehicles, they include’ traffic *

accidents when the radio was not a ration? A. That

is right. Twenty-seven per cent ocetrred after 7 p.m. and

béfore'7 7 a. m. when,the radios were not operated.

‘

o. .

\Or on Sundays? A. Or on Sundays. va

n other words, as I understand it, fie 27 per cent

incluyjes on weekdays the time- that the racio was not oper-

ating between 7 P.: m. and before 7 i a: m. and also cat

+ hee

not’ operated A. That is” vright. . °

(Q. Were you present yesterda. when Cant. Johnson of

the Police Department testified? A. Yes sir, I was.

i mF lind that he- stated, and I refer-To~ page 6 of the

‘transcript of yesterday's’ hearing: Gee ,

‘Since ‘the Ist of January there have been 57

248° ‘traffic fatalities, 10 of which have been caused or in~

/ ‘* volved streetcars and seveti of which involved buses.

Only one of those 17.'was radio equipped at that_time.’’:

Di id you hear thaf? A: Yes sir, I did::

bad Have you examined “the records of Capital ‘Transit

(70 arly: fo ascertain a at what time this accident occurred?

ra "eS, sir.

QO. T | ‘<n eee of the one fatality on radio. “equipped

vehicle. A. Thats s right. - :

(). What time did it@ceur? A. It oecurred at 12:25 a.m.

Mr. Harrison: That is when the program was not on?

The Witness: That is right, it was-not operated.

Mr. Awalt: You may cross-examine. |

-\ Mr. Harris son: 1 have no questions.

_ Cross-Examination “* 9 |

By Mr. O'Dea: rae bie

Q. Mr. Ryan, I am curieus’as to the figures ‘on July, Au- |

gust and September, why they are so much larger than the

other-months. Do you have any ‘explanation for that? A.

Yes, sir. We had more vehicles equipped in ‘those months.

You see, we have beer. equipping then: periodically.

249 = We installed in-F ebruary. Yot notiep equip the

vehicles the acctdents Aue cand w Ken: you get up to

July we had—I.don’t know how.many but we had. quite a

‘few more than we had in F eUrary, so that the accident

62:

rate went up. In September that is also true because we

. then Had 212’ vehicles equipped, the accidents rose with the |

increase in the number of radio- -equipped vehicles.

Mr. O*Dea: Thank: you, sir,

fits aire ct ita minut wn

By Mr. Awalt:

& ; = ° : aes

.. T understood you to say the accidents increased but

the rate did riot inerease, did it? A. I did not compute

the rate by months. : | Be

Q). Bat the over-all rate did- not? A. I just said the

number of accidents increased naturally because the num-

ber of vehicles increased. ee ae

»@ “Toe Sey kes ee ® @ oe .

250 . Andrew Sarkady was called as a witness and i.

ing been first duly sworn was ex: amined and testified

as follows: °

By Mr. Awalt:

Q. W il you please give your full name and affiliation?

A. Andrew Sarkady. I am Director of Research for Ed-.

ward Doody and SOpPany, 911 Locust eeree’ St. Lau,

Missonri.

lam also Assistant Profeastr of Market Research at

Washington University at St. Louis, Missouri.

¢ Q. What is your educational backeround?’ A. I am‘a

graduate of Princeton University and did postgraduate

work at Rutgers University.

(. What do you teach at the Washington University of

St. Louis? A. Market Research avhich is the study of Pere

sonal opinion surveys and market surveys.

~ Q. How long have you been employed by the Doody Com-

pany? A. Three years,

251 Q. Where were you employed » previously? A.

_: Crossley, Incorporated, a New York City Research

Company, and prior to that I was Regional Supervisor of

— Direct i ram) mate On

/ od

7 *-

m. \

”

63:

eS S. Bureau of the Census, ’ Middle Atlantic and New

- England Stat®s for four and one-half years.

- What were some of your responsibilities at the Gun.

; Bureau? A. Administration and direction of field

office, training and supervising personfel, adapting and_

applying the principles of random-sampling throughout

the Middle Atlantic and New England States as well as

Washington, D. C. an is

Mr. Pollak: What samples? :

The Witness: Applying the pkinciples of random sampl-

ing’ throughout the Region, ,

By Mr. Awalt:, Lege aero

-Q. Does this mean you planned. ‘the saniple and uperyise

| Surveys made here in Washington, D. C.?) A. Yés, if does.

_Q? What kind of surveys were they? A. They ‘varied,

they were Labot Force stifdies, housing studies and rail-

road passenger traftie surveys as well: as consunier .re-

quirement studies for the War Produgtion Board. ge

° Q. Were these studies made for’ private industry or were -

they made fer’government agencies? A, Those were all

for the government,

252 Q). Did you plan ‘the sample « on beth the dori and

October studies that the Doody Company made on

‘Attitude of Capital Transit Company Customers toward

trarisit radio’’? A. Yes, sir; I did. * :

Q. Will you please state how youedid sof A. The ob-

jective in ‘planning the sample-was to adhere as closely as

possible to the rules of random selection. By’ random se-

lection is meant that each pe rson or item in A sury ey has an

equal opportunity to fall into “the sample, It has been

proven by quality control, market and opinion surveys, and

‘ather probability studies that by random selections, from

any group‘of items or people a representative sample of

the subjéet matter would/be obfained. | ~ =P

When this random process of si lection is followed, the °

degree of accuracy of the sample ean be measured. :

nt \seemnemmemees

Based on this mathematical fact, and in the absence of

known data about thé characteristics of the transit public ;

at any givengtime, random. sampling was décided upon as

. the most acéfrate and scientifie method of evolving a cross-

section and reflection of passenger attitude. Bar are

‘he linés on which the surveys were made were fhose

where radio-equipped vehicles were operating sirice it was —

the logical place to find people exposed to the medium.

The division between total bus and streetcar interviews

is an immaterial factor really under the rules of

253 random selection. However, a division was made

on the basis: of the ratio of equipped busses to ..

equipped streetcars for several reasons: One, to*provide

some guide for the field work; two, to establish a sufficient

sample for comparing April and October’ bus results spe-

cifically, and three, continue our study of the may influ-

ences on the reaction to transit radio, in this case streetcar

riders versus bus riders. This latter pojnt had not ap-

peared as a possibility thus far. eee ii a

Random seleetion on the vehicles was planned and exe-_/

cuted fo. the vee our ability... very fourth person was —

. Interviewed on & vehicle. -tt was. not always passible to

interview every fourth person because crowded conditions

sometimes made aisle interviewing necessary and passen-

gers sometimes left the vehicle just prior to the instance ©

of ica meals or pas@engers boarded and had not

ridden ur or five blocks to qualify. for interview. x,

But this systematic random selettion of every fourth »

er fifth rider was maintained and the homogeneity of the

sample is reflected in the result found from ‘study to study.

| Q. Does your testimony mean that the sample you used

in making the survey by the Doody Company was repre-

: sentative of the attitude of the public riding radio-equipped

vehicles in Washington? A. Yes, sir... .

/ Q./In our opinion, if a survey. were tiade_of all the

204. transit riders on radio-equipped vehi¢les, would the

aah = be the same as those obtained in your’survey?

«+ A. It:d .

eC initely would. 3 Ber 8

e. - 65

Q. In your opinion, can this Commission rely on this:

. Survey as an accurate representation of transit rider opin-

ion? A. Yes, aaa :

so ‘* « . oe » \@ e e-

hey 8

ee Edward &. D Doody was called a2'a wrinces and har

‘ing been first duly wor ni was examined and testified .

as pollowe: | :

Direct Examination — | oe

By Mr. Awalt:

(). Will you please give your full name and ad-

269 dress for the record? A.-Hdward G, Doody, 911

Locust Street, St. Louis, Missouri. ;

Q. What is your business? A. t am the owner of Ed-

ward G. Doody & Company, a research company, 1 marketing

research comy@ny, specializing particularly in —— re-

search studies. - : ae:

Q. How long have you heen engaged | in gener business?

A. Since 1941... / , :

~Q. Will you please tell us generally some of the research

udies that your organization hag conducted? A. Yes.

We do continous research-for the Pepsodent Division of

Lever, Brothers Company. We have continuous panels

‘throughout the country where we are, doing product test-

ing on their new products. We serve the St. Louis Post:

Dispatch in connection’ with advertising and readership.

surveys and have -even made some circulation. checks for

them. - :

_ Speaking of St. Louis, we also werk for the St. Louis

Star-Times and the St. Louis Globe- Democrat. In fact, we

' do work for all three of the newspapers there. | elie ef

Inthe transportation: field weshave made 4 number of -

studies for companies thrbughout the country, ineluding

the St. Louis publie service company, Indianapolis ‘Rail-

ways, hansas City Publi¢ Service Company,’ and Detroit

_ Street ‘ Railway s, among others. Broyn-Forman, a

270 Louisville distiller, has used our services in finding

{ v 3 ioe A .

a c * rewet r ~

ara ee

out better markets for their — s and also doing

some produet testing.

_In the department store field « our clients include such

firms as the May Company in Cleveland and St. Louis, IAL.

Hudgoi? in Detroit. L. S: Ayres in Indianapolis, and /the

Caufman C ompany in’ Pittsburgh. a ae

We also werk ‘in the food field with sueh super markets

as Weingarten’s im Houston and Betindorf’s in St.Louis,

‘Phe Grayiette Company in tke- Beverage field locatoe in

Camden, Arkansas: is another of our clients and we are

currently doing a study for them.

~ TI guess I might wind up. by saying that we work for ..

' maybe 50 or 6C advertising -agencies including such firms

as Noung and Rubicam and Henri, Ruthrauff and Ryan

Fogte Cone and Belding, MeCann- Erikson, Hurst and Me-

Donald, Ine., and others.

Q. Have you made any studies in the radio field? A.

Yes, we do studies for radio stations, certainly from the »

_ eastcoast through to the Rockies, of a coincidental nature

like the Hooper’ Studies where we call people and say,

‘‘This is a radigsuryvey. Is your radio on now?”? We have _

also done in this con:fection a diary study, such as the

Columbia Broadcasting Company, as a matter of fact, th

are our clients. In other words,.a diary study is where a ,

| ‘diarg i is left in a home by a radio and they keep

271 ~=track of what they listen to for a week. |

—~ Q. Did you conduct a public opinion study or sur-

vey in W ashington, D. £. with respect to radio reception

in busses and streetears in April 1949? _A. Yes.

Q. Will yon please explain the proee ure you used ‘in

making the’April 1949 survey? A, Well, the purpgse of

‘this study wa’s to defermine the reac tion of Capital transit -

eustoniers to continuing yadio programs while. riding in

radio equipped vehicles. Answers to the problems*were

approached in two separate directions. First of all, on the

bux interviews to study passe niger reactions within the me-

dium itself and then interviews at bus stops fo determine

:- : Ee ee oe tae Se

rider knowledge aid attitudes Sutuide the influence of the

medium. | hs ‘

I would hike to poirit out here that these bis stop inter-

views were made before they boarded the vehicles, not

oe after they aliehted the vehicles, :

The on-the-bus interviews, ‘persons there. had an oppor-

tunity to listen to the musje as you ride and can judge the

immediate -impact of it at that time most perfectly and

give if tous. This is distinct from possible attitudes out-

hide of the medium. Each approach can apply a different

{juestion, such as, ‘would you like such programs to be--

come a part of regular service?’’? Oppertpnities fdr

272 publie expression son the butses had toe be offered

: because one, consumer acceptance is of primary: im-

o avabiwerat and, twa, listening reaction to broadcasts them-

sl¢es will determine the financial success of a medium.

nterviewing of passengers. wan condueted en four lines

‘en which five. radio- -equipped busses each were assigned.

. The vehicles had been in operation for a sufficient period of

- time to permit considerable familiarity of the riders with

oP M radio. ~ oe

™~y * Of course it was anticipated that there w ould be a number

- of riders who ~would be taking théir first rides on-the radio-

car * equipped bus at the time of the interview, Nevertheless,

| the primary objective to study the reaction. within the me-

dium was aecomplished, Ore .

“Trained inv estigator’ hoarded, busses during the hours’

of ? a, m. to 7 P. 3 n-, daily, Monday, thropgh Fr iday and.

from 7a. m. to 3 p. m. Saturday during the week of April

1 to 7, 1949. ;

hhiterviews” were ynade according to peak /and low pas

senger loads during the broadcast day. Persons inter-

-viewed were selectéd:at complete rayidom After they had

ridden at least four or five blocks. : |

,, The foutr lines selected for the “bus ‘opetations and the —/

oa, | survey W ere the A Lines, Congress Heights ;‘D-2, 4, Glover

Park-Trinidad line;* the Lt, Connecticut Avente

in 68 4 > =

273 line; and S Lines, 16th, Street. It was believed that ,

pel they would cover about every economic strata. and,

represent a cross;se¢tion of the riders at least as best under

the present system of routes. Ser

Based on Capital Transit passenger figures, Thies A, D

and § are about the:same in respect to daily loads. How-

ever, Line L is.about 127 per cent of - any of the three

lines. Thus, Line L was Bi ss 29.7 per cent of the

* planned 2,500 quota of. intery¥ ews, the others being 23.4

per cent of: each, - ‘\ Bree

Q. When you speak of 23.4 that i. a percentage fiouret

A. Yes, and that is’ 29.7. . *.

» Q. 29.7. A., Yes, those/are ‘cearithas figures. So that

we would-apportion our figures according to the peak Ipads.

As for the bus stop inttrviews, again the purpose was to.

obtain the attitudes and reactions of the riding: public to

transit radio outside the medium, the best expedient under

the existing time fable-of events, and which was utilized,

was the in}erviewing of persons at bus stops: along the bus.

routes whd¢ré the rad® busses were In operati on. »In this

manner, ¢istoniers who had experienced music as you ride,

~ as. well4 < those who had not could be interrogated.

The bis stops offered the best source of potential transit

+ riders.’

274 - How “people react within a particula“atmosphere

Stee night

“So, assaininig. this possibility, the. decision to interview

Transit C onipiany custoniers away from the radio- -equipped

busses way.a step in that cireetion. en

Pefronal contacts ageim were male: at complete random

ay persoys waited for transit connections. Field opera-

tions were canducted dvrisg the —— that on-the-

“bus. interviews were made, The L Lifle, again received

the largest (uotas-ppy sed te the other: three. A total

of 2,320. eontacts were made; ihat is, total interviews.

Mr. Harrison: get is on the L Line? /

The Witness: No, sir; that is‘all together. That line L,

it would. be 29.7. | | BS

’ af

t be different outsid& the same environment. ,

Ves

oar

—_—

; : 69

There were 29 bus stops covered on the four routes dur-

ing the broadeast day. In other words, those were our

interviewing points, the 29 ¥arious stove: THese stop

were selected by the Capital Transit Company’s traffie De-

partment because they are centrally located and were rep-

resentative and about a good a place-as any on the respec-

tive lines to get a a broad cross-section of riders.

By Mr. Awalt

Q. What was the result shown by tls survey? A. The

-Yesults showri in ths’ surv yey were that 94.1 per cent were

not opposed. We “asked dis specifie question of

275 them, ‘‘woukl-you like such programs.to become a

part of kegujar servive?’’? O' this percentage 79.6

‘were definitely: in favor, 14.5 were either indifferent or Aid

not know, and ¢ 5. 9 were not in favor,

ft .

a. << * * S ”

* * * * . * © *

- .

The Witness: This 5.9 that were not in favor we asked

them specifically after we had their reasons’ why not,

‘*Well, even though you. dongt eare for such.programs per-

é ‘sonally, would you ‘object if the majority of passengers

wanted busses and streetears equipped with radio reégiv- 7

‘ers?’? When. a *ked, that question. 4.7 said that they would

not object or, iD other words, would not oppose the majority.

will. This leaves a balance of 1.2 firmly opposed. —

In answer to the specific question, ‘*W ould you say-that

these programs mi ike 3 your ride’ seem more. enjoyable, less

enjoyable, or neither ?°? aE: would like to say that our in-

vestigators were instructed aad it says se right en the ques-

‘tionnaire to rotate the *‘mere’’ and ‘‘less’’ enjoyable. 79.9

answered yes, that it made their ride seem mere en®

joyable, 5.4 that was less enjoyable and 14.7 said neither.

276 ~=..° By Mr. Awatt:

— Q. Were you requested to make a supplemental survey

and study of publie reaction to the musié as vou ride pro

grams on Capital Transit busses and streetears? A. Yes.

Q. Did you make that:survey? A. Yes. -. ee

Qe When did it start?. A. You are referring to attitudes |

eae Capital Transit customers, study No. 22: .

Q. Yes. A. That survey was made betwen October 11. to

October 1/. eae (te: é

ay ; © eee ar ee ieee @ 6

27. «Q. w ill you please expjain the procedure used and

results shown by this survey as set forth in the re-

port? A. In order that the results of: both the April and

Octoher studies would be comparable, the same ‘sampling ” .

procedure was followed for bus interviews. - :

7 The sample distribution in Study Xe 2 was broadened to

. elude interviews on streetears:- whigh were equipped with —

_. radio: receivers.since our first surfey in April. You see,

= when we made the study back pr therg weren ’t any

radio receivers.on streetears. re

The sime s tebhabre relating : rider rebétion were asked .

in both surveys. Study. No.-- 1 inelnded interviews with

passengers. at bis stops, however, in: view of the restilts

found in our-.previous stndies of rider reaction. toward

transibradio, not only in Washington, but in st. ‘Louis, we

concluded that Study No. 2 could be confined to Interviews |

aboard radio-equipped vehicles. 7

“By Mr. Awalt:

(). Mr. Bead. whay was the result shown by the survey,

by Study No. 2?) A.f Again quoting that same question.

Q.- What same question? A. ‘*Wonld you like such pro-

grams to become a Part of regular sery ice??? 93.4

278 ~—pér cent were not*opposed; that i is, 76.3 were imfavor,

—-13.9+ said they didnt care and®3.2 said they didn’t

~know. ye oF seh

‘Tovould like te exp! ain here that the figure in the April /

‘survey is a combination of **don’t-eare”’ and ‘don’t know.’’:

Fi this partic wlalSury ey we were able to break down ‘‘don’t

knows”. sand ‘don’t cares’? as I have given them-here.

Be ie

_ Mr Pollak: W hich = in _ the er survey is ‘that

combination? ; . if

The Witness: 14.5. | an

‘Mr. Pollak: Whaé?- «7

The Witness: Said either they. didn’t know or didn’t care.

tiere Wits were abie to sepuraje them, don’ *t_caure,.’ 13.9;

“don't “Wow,” 3.2 vs

6.6 were not in fav or but when asked the question, “Well,

even though you don’t care fer such programs personally,

would you object if the majority of passengers’ wanted.

busses and. streetcars ,equipped with radio reeeivers?”’

3.6 said they would not@pbject or oppose the majority will.

This leaves a balance of per cént firmly opposed.

Ps 5 * e- eee . * . °

282. =. Now Mr. Doody, before you.made the survey

which you commenced in October 11, did you attend a

conference w ith: Commissioner Lauderdale and members of

the staff of the Commission? (A. Y es, *

Q. What ws "as jhe pur pose of this scsi 24 ot ‘3

been informed that the Commission was desi eal

ing howthe survey was to be conducted ; that they wanted

to he stire it was an impartial survey and that they might

_ want to have us cover specific information.

* Therefore; the purpuse of this conference was to acquaint

the Commissioners and the staff of ‘the Commission with

the survey which we intended to make and to. find out from

them if there was any particular phase of the general ques-

tion that they wanted covered for.the Commission’s in-

formation. °

Q. As a result of this setitorenen. did you alter your

plans jn any way w ith respect to making a survey? A. Yes.

~The C ommissioner and the staff emphasized that they were

particularly interested: in the effect of music as you ride on

the operators driving sueh equipped vehicles with particu-

lar emphasis on the safety factorg: As a result of this eén-

ference I added to the survey a check of operators of

four divisions of the company havive the greatest number

, \ |

283 _of wehisine ‘equipped with radio receiving sets. ‘These*

Git

on | divisions are known as the Northern, Southern,

Brightwood,. and Western.

Q. What procedure was used in making the gurvey? A.

' We prepared a set of nine questions to be asked of the

operators at each of the pear divisions I mentioned.

a Sete ae ote Se * * * * : -

i ¢

—Q. What did you do eit “A. I arranged for either my-

self or the staff to meet .at ‘the Superintendent's office at

each division and interview the operators as they eame off

their various runs. The first interviews were made at the

Western. Division oh October 12th, and these interviews

were conducted by, me personally. Like interviews were

| conducted at the other divisions, for instance, the

984 Northern Division was covered on October 13, and

: 14, and the Southern and ‘Brightwood Divisions were

: “eovered and the operators interviewéd on October 13.

Q. In conducting: these interviews did you or. your staff

ae any effort té pick. out particular men for such inter-

ws? A. Not at all. Operators were Selected at complete

salon as they enter@ the Division office to turn in. Any

operator who had operated a vehicle equipped with radio ©

receiv ers was considered eligible; that was the only rogue:

_ ment. Cae oy

_Q. Didgyou ask the name or number of any operator? A.

. W @did not. - a heey

Q. W Ty did you not? € A. W ~j w antad ‘the men to feel, to

have every assurance, that these interviews. would not ‘be

turned. in or in otherwise be a subtlé attempt to get data

*. which might later’ be used against them.

“Mr. Harrison: May I ask there, you mentioned the super-

intendent’s office. Was the superintendent of the company ~-

present.at the interviews?

The Witness: On three of the four, no.. He brought the

- men in ‘and left. I might add that in view of that we tabu-

lated that garage or division separately to see if it had made

ayy, diffdrence and | it had not. “

7 5 aw.

- in

285 - | By Mr. Awalt: ” a

.Q. In other swords, you ran a> second, . vaatsoniyt

A. We tabulated these results by divisions and on the few.

interviews that the Division Superintendent was there I

made a itote. It happened to be when I was doing the inter-

- viewing myself. s & would like to say-that his presence was

-an impersonal presence, he was wandering 1 in and out and

it was an impersonal presence. , :

_ We were careful to note and see if it did. ;

-Q. How many ‘operators wire intetviewed at the four

-. divisions that you: specifically mentioned? A. At Western,

65 operators ‘out of 250; Southern Division, 57 operators

out of 178; the Brightwood Division, 43 operators out of

101; and the Northern Division, 129 operators out of 378,

or a total of 294 operators: This represents a 16.4 per cent

sampling of the 1,796 capital traisit operators who have

operated’a radio- equipped vehicle, 3 ,

Q. In your opinion, does the percent of operators inter:

viewed at these divisions fairly measure the ratio of ali

operators’ opinions? A. Yes.

Q. Whatewas the result show n by this survey?, 8 95.9

per cent of the operators answered that thew was no inter-

ference with the proper and safe operation. That was in

difect answer to the question, ‘Do you.think that

286 the radio intérferes in anyway with the proper and

‘safe operation of your vehicle?’’ 95.9 of the opera-

tors answered no. .

Mr. Harrison: These,conclusions which you gave stated

on page 7 of Exhibit No. 5? :

~The Witness: They are stated in there, I am not sure of.

'- the page. Yes, it is the last page.

Two per cent were qualified in their answers and two

per cent felt that safety was impaired. 88.1 had no ‘per-

sonal objections to operating radio equipped vehiclés when.

asked the question, ‘‘Do you personally have any objgction.

_to operating a radio-equipped vehicle?’’ Only 3.4 said they

had objections and 8.5 voiced reservations.

| 3@

-On the question of, ‘‘Do you think radios make your job

‘more pleasant?’’ 74.5 felt it made their job more pleasant -

with the radio; 8.5 said. sometime and 41, L, said they didn’t

know. 1.7 said ‘*No difference,’”’ and 13 said radios did

not make the job more pleasant. o

+ T would like to add h here that one of the things, sort of

“an occupational hazard in the research business is what

we call getting a cheap yes. :

To avoid that on this question we asked them in what

_ way or how. In other words, if they were unable to sub-.

_stantiate their yes, it wouldn’t have “been counted.

By Mr. Awalt:

287 Q. In number of operators, how many is 4 per

cent?’ A. 12 operators, sir, —

Q. When’ you say that two jer tent or six operators’ were

involved, their answers as-to_proper and safe, what do you

mean? <A. They said if the volume became too loud there

was,;a potential threat. emia .

Q. What were the reasons given by the two per cent or,

six ‘operators whor felt safety was impaired? A. Two out

of the six thought that normal volume on the radios inter-

fetred, four of the six thought that if and when’the volume _

became too load, that is, above normal, _safety of opera-

tion was threatenéd. - ae

Q. Then these two oper ators who felt that even under

normal operations, the radio aas possibly a hazard, what

percentagé is that of the drivers in the whole survey! A.

That is legs than one per cent. as

_.Q. Well, as a matter of fact, according to my figures it

is just a little more a one-half of one per cent, isn’t it?

A. That is right, sir, Ld

Q. What.did the Hea say in response to the atfestion,

‘‘Generally speaking, do you think that radios make your

job more pleasant.” A. The biggest. majority said

288 they liked music, that was 23.4 that said they liked’,

masie. The next-highest was 12.7 who said, ‘* Music |

makes the passengers’ more pleasant,’’ and 12.3 said that

75 :

the music was soothing and relaxing.to them. 11.5 men-

tioned time breaks, scores and news. 11.1 said it made the

vehicle quieter and accordingly uiey didn’t hear. passengers

talking. 4.5 said it makes their work less monotonous, 8.2

said it makes the time pass quicker, 7 per cent said they

ee, ee $3 ewhan Sha la n& dha nnd. a€&

expressly enjoy itu Woe ii wicy are laying over “at tac ena OL

the run, 3.3 said they like the music but claimed they would

was good but the announcements sometimes ‘got on their.

nerves. ‘

helps me keep up with ape’ 1.2 and so forth.

| By Mr. Awalt: 3 -

Q. Mr. Doody, on page 6 of Exhibit No. 5 at the hattom I

see a reference to the Shriner’s Parade and the reference

reads: ‘‘Qver a third (36,1 per cent) of the 294 operators

were on duty during the Shriner’s Parade. These 106—

drivers were asked, ‘Do you thik the rerouting announce- -

ments’ were helpful te the public in avoiding confusion?”

two-thirds (65.1. per cent) answered in the affirmative.

What was the purpose of that? What was the. Shriner’s

Parade and announcements? A. The purpose of the

question was that there had been a lot of talk as to

‘s ° how helpful the transit radio could be in an emer-

gency for routing people around. Here was a chance right

at the time of the survey where during the parade WWDC

made’ announecéments, while not on speeifig lines, their an-

nouncements were something to the effect Nat bus lines on

stréets would be detonréd to certain other ayenues. They

. gave a complete route of the parade and me tioned how,

- the specific lines would be affected.

So, we asked the operators if they were helpful in any.

way. The Yes votes said, 65.1 and although we didn’t ask

* . them how, I wolld say a geod third of the operators volun-

3 teered comments, like ‘*We are not asked’so many ques-

tions. There is less confusion.’

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like a little more variety in program, 2.5 said the music

Then we have laslicaias reasons down tere, ‘‘News -_

Cross-Examination

. By Mr. Harrison:

«291 Q. I want to ask you one ‘fiirthier question about

this survey. Did you do~any personal observation

yourself on the streetcars or busses as to what you thought |

might be the effect of the broadcasts either on the operators -

or the riders? A. ‘Yes, I was here during the entire week .

of the survey, here instructing our investigators, going out

with them. In fact, everybody, rogerdices of the amount

of their experience, were required to go out and get ten

interviews and bring them back before we gave them any

quotas to see if they were handling it propefly.

In ‘introducing some of our personnel into this work it

was part of my work to ride the vehicles.

Q. Did you netice-any sounds from the radio.that would.

overcome the street signals, automobile horns, policemen’s

whistles? A. No, I did not, sir.

*Q. Did,you observe that it was so lond that it interfered

with conversation between passengers? A. No, sir, and I

might further add that it didn’t i interfere with our question-

ing of passengers. = i :

Q. You did make Some surveys on the vehicles them-

selves? A. Yes. pe 2

Q. Did the persons being interviewed find any .

992 ‘difficulty in hearing your questions or did you find

any difficulty in hearing their answers? A. No, sir.

Q. Did you have to speak in such a loud tone that you

would annoy people sitting in the seat hehind or in front

of the one- being interviewed? A. No, sir.

* ‘* * + . * * * 2.

315 Donald O'Neill was called as a witness and, having

. been first duly sworn, was examined and testified as

follows: {.

4 |

, 77 : :

Direct Examination - : re remren

' By Mr. Dowd: ate : .

5 ee Ses

_ . Q. Would you state your nMbe and address for the

316 record, please? A. Donald O'Neill, 62 Greenwoo

_ Road, Moniciair, New Jersey. rte

¢ Q. What is your occupation, Mr. O'Neill? A. Tam pro- ¢

gram director of the Franchise Division of Mpza& Cor-

poration. ae Teac oh cee

Q. How long have you been associated with Muzak? A.

- ‘Phirteen years, since its inception in New York in 1936. .

-- Q,-What dre your dutiés with Muzak at the present time? -

A. As program director I have supervision over and direct _

responsibility for all of the musical programs distributed >|

-. by Muzak throughout the country. This responsibility in-

volves the selection and grouping of musie for programs to

hotels, restaurants, banks and other offices, to factories and

‘other industrial accounts; for our programs to radio sta-

_ « tions for transit broadcasts. _ It involves programs fur-

~ nished to a number of railroad and steamship companies.

: "My duties also include the conipilation of music libraries

_ used in transit broadcasting and for individual industrial,

office and restaurant subscribers beyond the reach of cur

wire services as well as the additions of new muSic to these

- libraries each moath. | tires

As a member of our music committee, I participate in the

determination of the music and the type of orchestra

- 317 to be used each month for recording new additions

a. to our libraries. . | pes

3 Q. Just what is the principal. business of Muzak? A.

Muzak Corporation consists of three major divisions. -First

is the transcription division which is engaged in the record-

ing and manufacture of transcriptions and phonograph

records for ourselves and for others; second, there is an °

Associated Program Service Division which maintains a

library of transcription music released to. standard radio

stations here and abroad; third, there is the Franchise Di-

vision which is ia the musical programs by wire in

: 4 :

Some 70 cities in the United States and its possessions,

Canada and Mexico. This division also deals with the vari-

ous programs and libraries listed in reply to the question c

under duties and responsibilities. a

Q. You referred to a radio broadcast library: ae the 3

Transit Radio. library your regular radio broadeast station 3

‘library? -A.'No sir, it is not,, It is different.from the =~

library the Associated Program Division supplies to stand- — i

ard broadcast stations. -

_ * Q. How and why apd what is the library that yu furnish 3

‘for Ttatsit Radio broadcast? A. The library whieh we, |

furnish to Transit broadcast stations is made up of the. |

music drawn from our functional library: It is-music that

is designed for use in work or other types of installa- :

318 tions. It differs from standard radio music in being = * :

considerably less highly arranged | eifd being more

simple than the type of musie which is customarily heard

on st tandard-radio stations.

* Q. What were the primary considgy ations in the creullen

of this Transit Radio library? A. As the oldest and per-

haps the largest source of ‘functional music in the country,

‘it has been natural for us to follow the development of

transit broadcasting with a considerable degree of interest...

From our analysis of music ased in this business we believe

the type of functional music in which we have specialized

is ideal for this purpose. :-We design our library to include

non-distracting music so that all musical tastes are repre-

sented in amounts roughly proportional to the anticipated

likes and dislikes of the projected audience.

Q. What are the chief churacteristies of the musical

selections that are placed in the Trans: Radio library? A.

First and most important, whether the Selection is concert, .

semi-classical or papular, the melody i is emphasized throude- ;

out. All of tke concert and semi-classical music is per-. °

formed by orchestras usually called the ‘‘Salon’’ type, .

made up of approximately 15 ‘to 20 musicians. Violins and

other stringed instruments predominate in these, combina-

tions over woodwinds and brass. The popular ase iA

Pees on ele 79

319 is performed by popular dance type combinations

: of wood winds and brasses tempered in many in-—

stances by the aap of a string section. Al] the arrange-

‘ments are generally full with,no solo performances; swing, ~

and jazz‘ are avoided as well a¥ heavy symphonic music.

Brass instruments are muted, Extreme changes of dynamic.

level have been excluded. Throughout simplicity of treat-

ment has been the keynote with enough tonal coloring to

Keep the music from becoming drab and uninteresting.

Q. Mr. O'Neill, were “you present, during the testimony

yesterday? A. Yes, sir. © ©

Q. You heard’some of the refereaces to the music used

by WWDC-FM? A. Yes. 3 ae

. Some of those terms, which I will repeat, were brassy;

jive, bebop, boogie woogie. In any of the music included

in the Transit Radio library sélections of that.type? A,

In the library there are some-selections that might lve termed:

jazzy. These, however, happen to, be on particular dises

and are. not used for program purposes. Otherwise, there ~

is definitely no bebop, there is no jazz. Sick eimeae

Q. Could any of the music be called brassy? A. No,

sir. | ieee | RAG

320 Q. As I understand your previous testimony, the

. brasses are muted for the most part? A. That is right. -

In gther words, brass as an instrument is not emphasized

at any- point. ° Usually they have either mutes in them or

they are kept so much subdued and in the background that

_ frequently they are not perceptible. 3

Q). Yon have no instanves, for example, where Henry

Armstrong would take off on a trumpet solo? A. No, sir.

Those are characteristics which clo not fit in with our con-

cept of functional mus ‘¢. ) San

~ Q. What steps, if any, do you take to make certain that

your quality in this library will ge maintained? A. We

select all our own arrangers and artists td score and per-

form in the manner we want. We recortl. them in our owp

studio, using the best equipment available and in so far as

~_*

the program is concerited, we maintain avery ny trained

staff of personnel.

Q. Incidentally, what font 3 iy recordings are thine’ WA.

These: are electrical transcriptions recorded vertically as

against a lateral recording which is characteristic of phono-

moan —_Aa wea

aj.

Stapu 1covv us.

Q. What is the fidelity of your vertical recordings? A.

‘Not being an engineer, I can not give too much of a definite |

answer on that. It ranges, as I understand, from approxi-

‘mately three or four hundred eycles to at least 10,000. .

321 It exceeds by ali-means in the. upper end and lower _

) end the mechanical means of reproducing that fnusie.

Q. Does the average person have musical likes and dis-

likes? - A, Definitely. This has been shown conclusively by

our own research studieg and by the investigations of many

investigators. It may be stated that the average person

has strong likes and dislikes in music. ‘Furthermore, he

will accept as a matter of course the music he likes but will

protest vigorously that which is personally distasteful. It

has been our experience that a favorable comment freely

offered is a rarity compared to the number of unfavorable ~

“comments. Every indication we have reveals better than

‘95 per cent acceptafice of music on the part of our audience.

Q. Do I understand from that that in your experience ,

people who object to something are more apt, to protest —

than those who like it? A. Yes, ‘people who dislike music_

are much more prone to object verbally or in writing than |

those who ‘do not object or who like the musice..

Q. As a part of your research work, has, Muzak Corpora-

tion developed a statistical method for evaluating likes and

dislikes? A. Yes. Every study we have made ‘includes

likes and dist:kes. ‘Those are both carefully tabulated | -

322 and-listed. They enter into the planning of all our’

programs. For purposes of statistical measurement

we have developed a merit index to- express in one figure

the likes and dislikes of our audience. ‘Types of music that:

have a low merit indey rating are éxcluded.

ERS IA OT De eA ee VAN Se AY HF CONE AE, Cae PRL EEE, Sew

« -

: €\o%> f \

at vi ON Ee

-Q. It is on the basis of this Giatiatical analysis that you

‘janie previously that 95 per cent of the audience found

_. your musical libraries acceptable? A. I'would pay that 3 is

true.

Chairman Flanagan: May Lask a cuestion on that point

on- the likes and disiikes?

’ Mr. Dowd: Yes.. ~= + ~

Chairman Flanagan: I wonder if this witness would have

. any explanation for the fact that a large number of people

_ who profess to be music lovers violently object to music of

this type on the ground that it violates their private rights..

Mr.. Dowd: If the witness has an pinion, I shall be glad ~

to have him express it.

_ The Witness: Well, ‘I can’t answer from a lsc stand-

point. I will say this, that the reaction‘ of ‘most people to |

music is based on association. Generally speaking, people east

with a high musical training do.not care too much for the ~

more popular forms of music. By popular I mean dance

music, operetta music,: types of music of that sort.

323 That of cotirse is strietiy an objection that stems

from their. background, from their association with

Sitier types of music. os

Chairman Flanagan: Do you have an extensive musical

background yourself? “s

The Witness: E have, of course, @indied fuanieal theory

“since I have been with Muzak. I have studied piano. I

have dabbled in many phases of the business. I do yot

claim, however, to be a professional musician.

iy Mr. Dowd:

Q). You stated, did you not, that. your library’ uset for

Transit’ broadacsting aid not contain symphonic music® A.

That i is right. ’

. With reference to’ your answer - to the Chairpan, do

Iu ‘derstand then that perhaps people with'a high degree of

musical training, a higher’ percentage of those people would

like symphone | music than would the av erage listeners? | A.

That i is’ oa at - :

}

Seer

Q. Yous library does not include symphonic music? ‘:

No, sir.

‘Q. So those sonia who like it aitaht not like the type of 7

/ music in this.library? A. That is right. In relation to the

- business of likes‘and dislikes as it affects Washington, I

might say—and ihis has nothing pariicuiariy. io .do wiih

as symphonic musie as such but the program. in. gen-

324 eral=-that in the actual operation of Transit. broad.

in casting Mr. Strouse and his staff have bent over ech?

wards to keep the music and the program both pleasing and

: ‘soothing. We furnish WWDC-F'M with the same program

that is.now being used in several other cities. At the ex-

press wish of Mr. Strouse, we ar e-indieating those selectiong

in hig program which by aiiy stretch of the imagination

ean{be deemed too loud, too jazzy or -too brassy for the |

specific requirements of the Washington audience. It is

our understanding that these sélections are being eliminated

from the program actually hroadcast here.

Q. Where music is introgficed as a new element in a

surrounding, whether it is industrial, office or factory, how.

long does it generally take before it is accepted by the peo-

ple in those surroundings as a part of the normal condi- | —

tion? A. It takes a per iod of approximately four to eight

weeks before tlfe music becomes part of their working con-

ditions. In other business, that is in our functional pro-.

grams in fac tories and other things, before we make sur- -

_ veys we prefer to w ait approximately three months.

Q). Have you made any survey or liave you ary figures ,

te show an increasing acceptance of musical background

among factories, offices, restaurants and other types of in-

siallationa’ A. I have spme figures re' on the

325 - music or the acceptance of music in offic¢s asg ell as

in factories. - .

Q. Would you give those fi igures, Steaua’ A. In response

to the question ‘Do you like music while you work??? we

received. the following percentage of favorable responses in.

the past four years: In 1945, 77.3; int 1946, 93.2; in 1947,’

94.5; and-in 1948, 95.5, - See

ve : “ ‘s

ee | fs

Q. That is the percentage in offices ‘where you had a

- musical background installation? af That is right. —

Q. Ho about your. industrial plants?’ A. From indus:

| trial plants the same question produced these figures, favor-

able ideas: In 1945, 80.8 per cent; in 1946, 89.2-per cenit; &

in 1947, 95.6 per cent; ‘and in 1948, 94.5 per cent.

Q. Do theas rrures indicate that the longer the music is

-there the greater number of, people accept it apd appreci-

ate it and want it while they work? A. I wofild say those ;

_ figures tend to support that statement. :

@. Now in your installatigns where you have made these

2 studies do you have or have you ever had a 100 per cent

eo acceptance by the people in question? A. To the best of my

knowledge, this has never happened. There is always a

small minority of from 2 to 4 per cent who object to the '

use of music in industry and a number in proportion

326 who are indifferent. So far as we know, there-is no

means of overcoming this small opposition. How-

ever, we derive considerable satisfaction from the fact'that -

the overw helming majority of our audience is highly favor-

able to o sic and also from the knowledge that whether

thoy: seat oP not, the small minority who. object derive

subconsciously the benefits of our functional music.

Q. Have you made. statistical studies upon which you °

have based that conclusion? A. Yes sir, we have studies,

‘as I-stated,; ranging back to early 1945. This is a con- .

tinuing part of our operation. ;

" -Q. Do those studies then: indicate that from thie objective

‘analysis such as efficiency or the release of fatigue of ten-

“| ‘sion, that ‘more people benefit than like the music? A.

‘That is true. There is a general increase in tlie efficiency

a from objective studies. I think the average is approxi-.

matety 12 per cent. There have been cases where it runs

as high as 45 per cent. .

-Q. So that the-benefits of the-music are not always neces-

sarily the same as thé subjective’ likes and dislikes? A.

That is true.

——

itade

it!

“8

Sine

. ° . Shae e @ ° * e

} ‘ Slap

361 Ben Strouse was called as a fate nn ‘and, having

follows: Y

ae Pats

* Dirget Exowks ANE | 3

Rv Mr, Dowd: ; ; Sanbets :

-Q: Will you aaa state your name Yor the record! A.

Ben Strouse. | a:

Q. What is your occupation, Mr. Strouse? A. Vice- ae

president\and general manager of Capital Broadcasting |

Company, 1000 Connecticut Avenue, and T am president of

Washington “Transit Radio, Inc. : R

'Q. Do you know, as president and director of Washing-

ton Transit Radio, whether any of the stockholders of

Washington Transit Radio are officers or. employees of

| Capital Transit Company? .A: They are not.:

** Q. What is the relation between Washington, Transit

Radio and Capital Transit Company with respect to the in-

stallation of radio receiving’ equipment? © “A. Washington

. Transit Radio. Ine. las % contract with Capital Transit

Company for the installation and ‘maintenance of FM re-

ceivers in street cars and buses. of Capital Tr: ansit Com-

been first duly syorh, \ was examined and testified -as

. * *

4 ‘ e cS

: b

. k ? Ag

§ . *s *

e eh.

. . :

pany.and also has a contract with a radio station whieh in __

tur enables them to provide for a satisfactory program

service for reception in such. vehicles. ~

FM.)

it necessary that. WWDC-FM furnish these pro-

363 grams? A. No, there is hot. Arrangements could

be ‘made with any other radio station. |

QQ. To furnish similar” type. programs? <A. To furnish

similar type programs, yes sir.

Q.° What was the ‘primary Jnotivé of Washington Transit

Radio, with respect to entering into this contract: with Capi-

tal: Transit Company? .A. Primarily it was a commercial

venture from which we hope to gain a profit. |

! o a

’ z :

QQ: What station is now: giving such service? A WDC.

Q. Is there any contractual restriction which would make ~

“a

;

ssa

“U

iv)

of~<

85. :

Q. If your primary motive was damnieietad venture, why

were you interested in determining whether the public in

general desired or wished to accept this type of service?

_ A. I don’t believe uny commercial venture has'a chance of

". suecess unless it hes’ publié backing or = acceptance.

Certainly no advertising medinm does.

-Q:' Did you try to confiol or influence ‘the ere ‘that.

were’ made on: behalf of Capital Transit Company ‘and

Washington Transit Radio? A. Not at all. The original

suryey. which Mr, Giddings referred to was sort of an ia-

‘formal thing made by George. Washington University -

students on which we got 92 per cent- acceptance,, emake

- was madetway back with que experimental. bus and saday €X-+

perimental street car. The Doody :survey was -made in.

April.. At that time we were particularly anxious' te -find

out whether we had ‘public, acceptance. At that time

364 . we had 20-odd installations. - Tf the public did not ‘

like Transit Radio and did‘not want it, that was the

timé for us to ‘get out of. the business. We were particu-

larly anxious to know the real truth then and.as a result we

not only made no attempt to influence Mr. Doody—not that |

we could, bat we were hoping he would lean over backward8

to be perfectly fair in his survey. We wanted to sm out,

it w as our advantage to know. 3

, RPS

”

* e ° * ee » ae Pes sf Sie

- 385 -Q. Mr, Sines you ‘testigha t that the primary _

motive of W ashington Transit Radio in entering ‘this *

‘ enterprise was that it Was a commercial enterprise. There

has also been testimony or behalf of Transit Radio, Ine.,

and Washington Transit Radio, Inc. as to the other cities

in which installations have been permitted. Could you seek

‘to inform yourself as to whether there were “any cities in —

which: installation Riad béen refused by the ecompetént muni- :

aoe cipal authorities? A. Mr. Pollak; I am a member of the

~-Bearl of Directors of the National Company of which Mr.,

* Taft Wwho.was a witness the other day is Chairman. I don’t

_knew all of the affairs of that eompany only: thosé that come —

==."

]

§)

. eo

. ¥ s . *

86°. 4 4)

: - °

? e ™

up at the directors? meetings. I do not know, however, of

“any “case where municipal ae ahyone else has |

refused transit radio.

*~ I think Detsoit the issuie ik ik ‘still up in the air, but I oe

. think it was actually turned down. _But I don aa know that

for, certain, s aii. sti es °

@ foe * ree mek: * ? .— # @ ee ws

| Cc ross-Examinatian 7

A. By Mr. PollaRy © aS Pea EA ees

‘397 : Mention has been made of the factor of atse- Mr.

Strouse, particularly ) with reference to the public ad- of

vantage in their beinga means: ‘whereby direct communica-

tion can be made from Capital Transit Company to the

¢ drivers of its vehicles. ee

Perhaps you are‘not the witness to. whom I should. put

this question but_my question is, for-that purpose, would it »

not be possible to make ‘installations which are very much °

cheaper than the present installations? A. I would like

to answer you, Mr. Pollak, by describing. a visit I made to

the Pentagon Building to talk-with ‘the Liaison Committee

on Civil Defense. -I'talked to Colonel Beers, who i is chair-

> man of that committee ind Colonel Stanford, who is: com-

. munications offieer, They were very much interested in

transit radio, interested in all types of mobile radio, one-

- ¥ way and two-way. They asked me for a complete

- 898. Gist of citiés where transit radio operated.

*- They:told me of use for which transit radio could

be. used in emetgeney which. we had never realized our-

selves, sir. Some of those uses are services: ‘that can, be

used in broadeast servicing. ‘

_ For example, Colonel Stanford brought out ‘nak news

casts during times of extreme emég¢gency could be used to:

control panics and for ‘‘Panie-control,” which i is the phase

he used. There are also many other uses, :

Drivers'could be asked to deposit citizens at certain*parts

of the ay -for ambulance duty. The drivers arid the public

: }

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e Siig y

; 3 :

Ps . °

_ ' aehie ‘ . :

—-

“SF oe

| meg }

could be informed to leave certain.areds of the city. In all,

they ga@e me 7 possible emergency uses that as I sily, we

had never realized ourselves. ae , : ae

« \ _*

~ * « * . Sis * eg a * °

299 Frank F. McIntosh was ‘eer as a Witness and

having been first duly sworn was examined and testi- .

; fied ag ee

pee 0 Bees

” Direct Examination aor. “ oe

.%e By Mr. Dowd:+ o.

Q. Will you state your full name for the record, sions?

A. Frank F. McIntosh, Consulting-Engineer, with Gliiocs at

710 - 14th Street, Northwest, Washington, D. C..

Q. When you say you are a consulting engineer, what

type $f consylting bey pall is that? A. I haridle matters:

of acoustics in connedti

Q. Mr. McIntosh, what is your educational background?

A. lama graduate oElectrical Engineering of the Uni- :

versity of Nebraska. I havea Masters Degree from M.T.T.

in Cambridge.

400 Q. How long have’ you heen engage¢ in. acousti¢éal

radio and electronic engineering matters? A. I have

. been associated asa member of the technical staff of the

¢ Bell Telephone Laboratories for eight years at which time

‘I was in the developmental group, research roup, and the Pa

‘installation groups. The: v.ork I engage fh there was the

electronic élesign, acoustic material legiga for Studios,

acoustie Maer enents instalkatior of radio and al itis

stations, aircraft s take ahd the like: 3

Q. Were you ev jloyed in the government? A. .:

"was eniployed duriig the war as Director of the Radio and ~

Radar Divi igion, Foreign and Domestic-Branch, which han-

dled, of .course as you kndsy, all the eiectronies for the

Anny. Navy and civil&in uses. That period lasted until -

1944 when I left to form my own business. Between the time —

> I worked for Bell ‘d Aboratories and thé time I went to the

W ar Production Board, I was the sales engineer for the 12

% . A CE

ty 7 oa

ion with radio and television. of

‘

3 een

< s

' Western States of Gray’Bar, Western Electric equipment

_and then°for a year and a half-—that lasted four. yours 4

year and a half after that, or for a year and a half :

that, T was the. director of station operations of the Pert

and handied msiters of SIX broadcasting stations.

-.. Tam a part-owner of the Muzak fr anchise setup in in.

‘cinnati, Ohio where we dispense musi¢ to industries,

401. restaurants, hotels and the Ifke. : .

_ ‘Toperate, besides the consulting business, in Silver

Spring, I have a laboratory where research and develop

ment work is done and also whére we manufacture or a rela-

a tively small scale a number 6f electronic products.

Q. Have’ you appeared as ag expert witness .on matters

. of this sort in-the past? A. I have appeared in every form

ye?

design, yes, sir. -- ’

Mr. Dowd: Mr. Ghaitmai, r offer Mr. McIntosh ds an

Di csn aut 8 Witness and wish to request that his qualifications

‘be conceded. ) Ee e

Mr. Pollak: No objections. epee : |

Chairman Flanagan: V ery well. ;

one By Mr. Dowd: Rte Pg

4). Mr. “MeIntosh, do you have any sonuegtion with Capi-

tal ‘Transit Company or Transit Radio? A. My only con-

: nection is that I was asked to make some ‘measurements on

some of their vehicles. I have no other connection.

(). Ts it possible to measure the noise level at any giv en

‘point or in any given situation? A. Yes, sir; itis.- .

(). Por instance, in this room, could you measure ‘the

a7 noise level in this roomé. Az Yes, Sir; it ean be

402 . done. is :

Q. How would such measurement be. made? —

, ouch nreas surements are made with calibrated pressure

measuring ‘qquipment. There are several companies that

Hretke this, agnong them being General Radio, Sound Appa-

_ Industries _Company, which headquarters at Toledo, Ohio

el engineering work in connection with studio and television —

- \ <0 : =

Baer

Beet

ratus Incotporated, General Electric, and Homer H. Scott

now have that. é :

Q. Did you make such a measurement pursuant to your

employment by Washington Transit Radio? A. Yes, I did.

Mr. Dowd: Mr. Chairman, I requést that the. Exhibit

4°43 ? «<> os 1 2 ,@ * 7 s*f <i ‘ » £5, ee Se

eCHLILied, NMepore De IMArKeEG LOPr JUeCNUUNCALION as MXNIDIT .

No. 13.

Chairman Flanagan : It may be so marked.

{ Document above referred to, Exhibit No. 13,

+» “was marked for identifieatién.) oi!

By Mr. Dowd

OQ. ‘Mr: X Intosh, I call your attention to what has bala:

maykeyfor identification as Exhibit No, 13. Will you please

state what that exhibit purports to show? “A.<This’is a-

summation of the nieasurements that were made i in a num-

ber of streetears and busses to: indicate the absolute sound

levels that could be obtained there during various parts of

the day and on different vehicles. The exhibit is somewhgt

_ self-explanatory,-we believe. "aes ; “

403 Just to clarify, the first column shows the ear or

‘bus number that was measured. The ‘next column

_ Shows the position in the car im which the measurements

were made, the front being up near the driver and the middle

being about: un the center of the car and the rear being qbout,

of course, within six feet of the rear. - nit

“The next double eilumn is headed ‘‘Car in Motion,’’ and

the first of this double column is “C ar noises with radio

on.”? The steond column. was without the radio Oy. These

fneasurements were made in thé accepted and well-known

terms of decibels and db stands for decibels. db is. roughly

spe aking about the smallest’ increment of “increase or de-

éréase in audio level that your ear can obtain or understand —

or recognizé. The ear “does not hear arithmet ically, that is,

twice the pressure on the ear does not-givé you twice the

sensation of, .the sound. Your ear is logarithmic in its

‘hearing and there have been i world of measurements made

\ is 4 Fi . >

eno & cs rE weno

Coons ho Pea Ds

to establish the general characteristics of the ear and they

have been published thrdughout the. literature of the .

eountry.. ° .

Dr. Fletcher of Bell Laboratories is one of Phe leaders

w ho hav e published books on speech and hearing and those oe

_@e-~ bie OE eee hb WRG awed oo ome 5 SN 2] Sheet Sen Fon vevy +3

sve t a Wits iin fave OU itvivpwreu to tat JILLUt baked vaeraie

Q. May I interrupt there?’ When vou say that the ear.

does not he ar logarithmetieally, what would be the situation

if you had a given volume of sound, for instance,

404 ga piano and you.were to double the number of pianos, .

what increase in. the sound level would there be as

measured in decibels? A. If you assume a double ee

energy level, you would have a dhree db increase in db

“Mr. ‘Polak: A what?

- The Witness: If the power level was doubled the db if- -

crease W ould be.three db. 9

By Mr, Dow d:

°°

(). In other words, if you had a sound level of 50 decibels,

you would have to, add another sound of 30 decibeis in

‘ volume in order to Increase the total volume to 50 decibels?

A.. You would hav e to have the sagge wattage component

as the or iginal sound to increase tlié db. ' |

Mr. Pollak: Would you repeat that, please? ’ rtp

a The Witness: In order that the seund level was ineréased

3 db, the.power in, the sound would have to be doubled. In

other words, aéing from 50 db to 58 db, requires that twice

the energy or twice the power. is contributed to the sound

waves. That is a very fortunate thing. If it was not for

that, we would all be going crazy everytime somebody

tooted their horn or hit a bell or slapped a book down on

the table. Those peak energies may be many, many times

greater for a very short instance. * ;

405 ‘By Mr. Dowd: sor atl ee /

Q. W hen I interrupted, Mr. Melatosh, you had /ex-

plained that the first twe columns represented the hoise

Tuy

- radio going. °

devel with the car in motion. Now the third column yepre-

sents the noise level with the ear standing stifl with the,

radio on? A, The third column’ is. the car in motion with

_ the carnoise and with the radio on.

.Q. I mean the rats column to the right. A. wee last

eolumn fa the. rioht ic tha etrastear ot

ee ee >

> ; - a

aavu

QI notice that in the first two columns there is very little

, differehce between the noise level at any given position in

the vehicle exept for 5239. Was 9239 a bus? A, 5239 is

“a bus.

Q. Then 1511, 1558 and 1127 were streetcars? A, Yes.

Q. In these vehicles the noise level when the ear was in

‘motion was the same: measured 1 in decibels in ali positions?

A. Yps, sir; pretty much, sir.

Q. In the bus, when the bus was in motion the rear of the

bus w . much noiser than the front and middle of the bus?

. That was due toe'the fact that the motors are

406 palarh at the rear of the bus and the average inten-

“sity measured higher there. St

Q. In the last column to the right I notice that in each

case the noise level as meagured in decibels is less at-the

front of the car-than in the middle and. rear of the ear. A.

a Well, in. all eases that we checked we found that the actual

noise ievel was slightly less right behind the driver than-

in the other positions of the ear. ine

Q. In those cases the radio Was ‘on? A. Whether ‘the

Kedio was on or not; it seemed slightly less there.

. Q. Bat.when the ear was in motion the sound level

throughout the car was the eartie, méasured in decibels, znd

[ also notice that that is true” whether the radio was on or

not? A. Yes, because the actual energy contributed by the

yadio was so staal that it was not passible on an averaging |

_ meter to measyre the difference.’ It is just that small. The

reason you can hear these things is not necessarily a matter

‘of straight energy. ‘It is a matter of where your mind

works.- Yon can differentiate between sounds or you _gew,

used to-a sound and put it out of your mind. gS

% 3 ; $ ‘ A ,

For example, like the rpmble of a streetcar roingout

side your house. Some people cannot sleep the first

407. night visiting someone where streetears go by but

} , after a while*your mental processes are such that you

exclude those sounds so that they don’t disturb you exces-

sively... ES , ty ,

In listening to things you hear fhe things you want to

hear. Everybody has experienced the business of people

talking to them and having them turn right around and ask

you what you said. Any.new sound you have you are going

to hear for a while.

- Q. Upon the basis of measurements that you made and —

ror experience in this field, would. you say that the radio

when the car is in motion, with the radio in operation, that

the radio 1y any way prevents anyone from hearing any-

thing that he would otherwise hear; that is, if the radio

were off? A: No, sir; I don’t believe that it is possible to

- provide enopgh energy through a radio sound system that

yen could economically put in a ear to mask out other

sounds. att Soy aaee :

Q. Assuming that the car noise without the ri@o is 54

decibels, what power would be needed, how loud would the

“radio have to be, before you would override the car noise?

A. Well, the power -increase, the sound energy increase, -

assuming that the radio at the time of competition was giv-

ing the samé amount of energy out as the noise, im other

words, there was a 3 db increase in the sound level as ae

result & the radio which was not the case tm these

405 measurements, but for the purpose of getting abase-

from which to make a computation, we bave to as-

sume something that: might be logical. | You would have

to inerease the habe std times in order to completely

mask or do what a maSking job of 30 db, which is ednsid-

“ ered a minimuni ratio for masking. ’

Q. Do I understand from that then, that in order for one

* Sound to mask or override completely another sound, it

- must be 30 decibels above the other? A. 30 db is the as-

sumed ratio for masking. In other words, the first sound

thene becomes a very minor one and the one to which you

are listening is the controlling ome.

(: Now in view of the fact that the measured sounds or

the measured volume of sound in decibels is the same

whathor the radio } is on and uw ithont tha radia an haw da

% a. see ete enw re lie all

aaw wasg

’ you explain that you can hear the radio? A. As I said be-

fore, the ability of your mind to pick out what you want to.

. listen to and differentiate against sounds, is one of the

- faculties that we are provided with. +

Q. And if a new sound sueh as ‘adfo is introduced into

your normal streetear noises, would that sound become

» more noticeable than the n@ises to which the ear is accus-

‘tomed? “A, Yes, sir, any new sound attracts your atten-

tion until it too oceupies that place in your head that-all the

(). Is it also correct to conclude from yout exhibit

409 ‘that the increase in the sound from an average of

anywhere from 44 to 64 decibels, depending on which

“one you were measurifg and when, that the inevease be-

4exx een tha rate at tha noise layval with the ear stundiz ng eatill

oF 45 ate , Se we ws “ at as. aw aA AENAL am ueas

sed the ear in, motion is due to seme factor other u an the

radio? A. Yes, sit. . ‘

Mr.,Dowd: That is*all on direct.

. Cross Examination , :

“By Mr. Harrison:

<2. { want to. ask Mr. MeIntosh if the last eolumn on ix-

hibit 13 represents the measurement of soundseof the car

itself? A. The ear was standing still during that measure-

‘ment and the ineasurements show all the sound that was °’

@nitered in the e¢ ear, whether it was coming from the ear or

coming from noises. outside the car.

Q. I take the bus, No. 5239, was the motor of the bus oper-

ating at that time? . A. In an idling position,

Q. What about the streetcars?) Were the motors of the —

cars operating at.this time? A. Of course the motor is

standing stil! and does not turn. You are probably refer-

ring to an air pump or something of that kind.

93 | <

410) Q. I dort know what it is. A. Frankly, a don’t

- recall whether the air pump was operating or not.

Q. The compressors, I am informed. A..The com-,

pressors. \

Q. Could you measure ‘that sound apart from the radio

| ° 4, PHN. mane & a

SvUunhG ah. 2 TAGLG SOUT, frankly, thi ao % chart shows: that

the radio sound was so small that we couldn’t theasurg, it

apart from the other sound. The amount of energy con-

tributed by the ‘adio was so smadl eorpared to the energy

contributed ‘by other noise sources that that was not pos-

sible. Whether or nof the compressors could be measured

separately from other street noises, I thin that would de-

pent on how close you were to the compressors.

Q. Are you able to state from Exhibit 13 what the meas-

‘urement in decibels is of the radio itself when it was in, op-

eration? A. No, sir; that was not attempted. The séther.

noises were so grvat that we eouldn’t measure the music.

Ka, Q. In other words, you could not separate that from other

.noises? A. No, sir. | Ag )

Ge Are yo abie to state wie rer OF hi a wy Hof thése

mexsufements of sound are measurements of sound that

came from outside the vehicle? For instanee, traf-

411 fic on the streets? A.‘ Well, I would say a.good part

of this noise is traffic from the street, particularly

when the car is standing still. .

‘Q. Did you take any measurement en the street dutside

the vehicle? A. Yes, we did, as indicated in the two col-

umns below. The noises indicated at 14th ahd F Streets

‘on two days were 50 db one day and the next day 60 db.

(). That is, the ordinary street noises’ A. ‘That is right.

t *

° -

& * * | * * ° * . + +

443 Ross H. Beville was called as a witness and having

beep nrst_ duly “sworn was examines! and testified as

followS.* . ’

’

eoebamas - ita

oe ca a rg RS ee

Neches

OT Uaioe

eS ae a idee |

FF Sal,

tase

al SS ee

Prag

Transit Radio, please

i ; | of | 7

e 0, . °

Direct Examination

By Mr. Dowd: tye %

Q. Would you state your name for the record? A. Ross

H. Beville. | | ee

oe Wrst “ -

Nye VV tae you >

connection with % Tash

? A. Lama member ‘of the Board

of Direct@s, a stockholder and chief engineer of this ‘Com-

pany as wellas WWDC. ,

Q. What are your duties as_chief, engineer of the Wash-

ingjon Transit Radio? A. My responsibilities as, chief

engineer of the Washington Transit Radio include respon-

—sibility for developmental and experimental work which in-

cluded the installatiow of the first two. receivers here inf ~*

Washington in March of 1948 at which time we were -deter-—

mining the requirements of such a system for installation

in mobile equipment and of course. the feasibility and pub-

lic acceptance of such a system. -

“» I also serve fsa member of the Engineering > Ads

AAA than Kl atsann)

Ze. yest stn 4a 4

i ae ae visory Committee bY tHe ivavionas COM Panny Transit

Radio, Ine., with headquarters at Cincinnati and my

more direct responsibility at the gure tine responsibility

fer the installation and maintenance of tlie tece: vers install-.

ed ‘in Capital Transit eepeey vehicles here. in Wa sh-

ington, r) ; 33 :

Q. What equipment is used in the bus. and streetcar in- °

stallations here in W ashington? A. The major egmpy-

nents of the equipment is. an antenna, a receiver” and six

‘speakers withothe associated, wiring. ‘

Q. Why are. six speakers used? ~ A. The choice of six

speakers was* not just a chanee selection. That was the =

result of some of the experimental work that was done over

a, year ago. At one’ time we considered the use of one

speaketyand we gave up the idea of the single one due fo

the-fact that always in a case of that kind the sound level ’

at the point of*origin is much higher than several feet aWay.

In order to get a uniform distribudion of sound through-

out the vehicle or through the latter’ two-thirds or three-

a ;

ae aoe “ ‘ 06 ie Oe 3

“ \ :

quarters of the vehicle we chose six speakers as equally

well\ spaced as construction details:cef the vehicle would '

permit. We more or less deliberately though ‘neglected th

distribute the sound as well in the front of thevehicle as — -

we did in the latter two- thirds or rear of the vehicle for’

. the reason that we didn’ t wish “to have the sownd

445.:- level ‘as high at the operators. point, where he sits,

as it would be at the back of the bus or the latter :

- three- quarters of the bus or’stveetear as the case may be, ~ ee

Q. Were you present at the time we had the testimony

as to the measurements made and the introduction, in evi-

' dence by Mr. Mctutosh of those measurements? ‘A. I was.

; QQ. Those qheasurements bear your findings out, as to the

distribution of sound level insofar as the radio is: concerned

as regards the front, middle and:rear of the bus? A. Yes, |

the acoustical measurements as made by Myf. MeIntosh and |

as listed on his exhibit there will show That there is from _ a.

four to six decibals differential between. the sound level be- 3°,

ginning about ,ten or twelve feet, back in the bus to the. 4

rear as compared to. the operator’s portion. :

Q. Phat can ohly be determined when the bus is standing

still, however. A. Yes; J believe that is Soxteck. As'I

remember the’ measurements when we were making these .

: -measuremnts the sound lev ‘J greate!l by’ the street noises, a

and created lty the vehiete itself exceeded and.was by far

th dominant sound in the vehicle. -

+ Under those conditions, of cqurse, then the sound at the re

operktor’s position, would be Breatér(than the lower radio |

sound wifich in fhat | case auld then more or less .

446 blank out the radio. - Seas :

, . How is the volume level whichis how being,

_used. determinéd ?. A. That was also done expe Huertally,

over a,year ago. We first henl a committee whieh made |

more or less the selection of the volume level. That com-__

mittée wag couiposed of’ members of the Capital Transit

Company staff and also of the WWDC staff. ~

Q. Who headed up the staff of the Capital ‘Transit Com

pany?’ .A. As I recall Mr. Giddings was there and Mr.

e. —~. ia a

eva who is an “engineer in. the machanical division ‘of

‘the Capital Transit. Company. Pe They ;

Q. They participated in these tests chet: you determine

the sound level to be used? A. Yes. Of cotirse there was ia

‘iso the oper afor of the vehide that: was ‘there. | .

That was only the first iest. We took # bus vecause ‘at

that time that was. the only vehicle-that we were installing -

receivers in. ‘Tat was in February, in fact, it was on F eb-

_ ruary 10 or 9 of this year, 1949. We had a bus that we.

“. -dreve over various terrain or various street? which. ve

° theaght would be representative of- the streets in Wash- _

. jrigton and at vatious speeds. We “etermined from that, =.

) - we increased the level of the volume and decreased it

447 until we finally found a point.that we felt was the’

bee best compromise. After making: this determination

| and all agreeing that it was probably the best sound levél,

- set was removed fr om the vehicle and put-back on the

Pipe test beheh at whieh time the voltages that were set up. by

' .=-gound reproduction frem the recei iver were: measured. Ms

We took that then and used that more or ss as a/

4 dard, Since then, however, we have continued to ex- ~~%

77 ~periment and we have found to a large extent that we’have: , 4

| readjusted this level downward, not a great deal but some, :

iz fer more. comfortable or we, feel, more ecomfertable lis-

tening level andestill we are able to have a reasonable de-

| + Sree of intelligibility both in musie and speech. ‘

ae," 2 Now you nse this volume that you’ determined on the

“Dench as your base volume level 2nd then I understand that

° you make adjustments as the installations go im? - A..Let_

| me go a li-tle further on tfat.. We have measured imou-

merable receivers; that is,.after our men have gotten on

' - - treetears and busses and they have asked qperators, they

have asked passe ngers, whether or not thoy felt that the

volume level was approximately right, and if fhey felt it

do you think it is all. right?’ And’ more or less let the

passengers or operators tell them | when | they think the level

og appromumately right. a

a ie

. 8 gs

448 Then we would, take those sets out apd measuré

them, The thing is that we have averaged the meas-

firements of, oh, I would suppose 100 receivers to come |

out with the standard level that we have now. a

3 My Novy after getting this. standard level. we + ie all re-

\eeek” When to APSWEF your “ueation. : minor eartationa, .

that is, we make minor adjustments on the vehicle when Ea

. « « the receiver is installed to. compensate fay any noise condi-

tivtis that might te existent on, a. particular vehicle.

As shown im Mr. McIntosh’ s exhibit-some vehicles, are.

\ noisier tlian others and” necessarily if' that is trac: eS are, ’

‘9 must be a slight variation in n the-stagdard sound level that

we have established. :

On the other han) there are some that are‘ quieter than

. others and we adjust those down ward, .

Q. When you set, the- volume and imade these adjusting#fis

« does that volume remain?» Is there” any variation in the

operation of the set after that is once done? -A, Of the re-*

ye gelvers that we. have removed fram service and hava ya

4 ALCHYTU aur

paired them due to'some minor fault one way or the other,

.wé have measured these sound levels and L don’t believe

“sin any case haye we ever found ‘that the sound level has

“ever varied except under conditions which would cause it

‘suchas niechanical failures or tampering. We have

449 ~hasl some eases of tampering and we havé had, as in

* any equipment, mechanical, or electrical, you have

some failures. , ; ° ie

‘(). Well mow, what 1s the greatest period of mechanical

failures; that is, when they are first installed or after they

have been in or when? A. Always, in any new equip-

ment, new installation, you have more or less a shake-down

eruise. Any equipment that is installed is more likely to

fail during the first few hours or possibly few days of oper- +

vatiogthat it is apt to do after you lave gotten to the. -

point where in the trade we call it ‘‘got the bugs out.’’

Q. Is it your testimony that-once this shake-down eruise’

es aye eS

IS:

Lede) alt

ures which might.ca

EE Ns ee 2D yp PEE GLE eee Gero”

NR ee Se eee Oa Seo

. j

fa)

has been carepleted op each + net — that the mechanical fail-

se, variations ar sets to Operate im-

properly becomes forsiderably less?’ A. Oh yes. In fact,-

owe feel that many of ‘the complaints that have been re-

ceived by the Commission*and ourselves an Capital Tran-_

“ ait Camyany have hoen ao 8 result af th 1eaka an-ealled shaké-

sit Company hat nese Ose 8h

down verlods, ore : i

Therdis no way yeu can i gvoid it. “You can’t anticipate

what-it will be. - We do ewer ything in the avorld we can to.’

prevent these failures but in-case of a failure the set. may

go completely dead or im some cases the level of the set

may rise a few decibels. — .

ai ~ Q. T reeall early’ in the testimony that Mr. Sager

450 testified. that in July he rode a vehife whicle he

‘thought was too loud. -Were you making any instal-

_ @#

Eanes in July and August? A. The m&jor ‘portion of the

installatiogis wag made in July and August. ”

Q. Of the 200-Som Add sets? A. Yes. “We ran 21 or 22.

vehicles’ for a perioll of peveral months for test and then

just about fuly 1,

beginning

on more or less

mass installations. — me Be :

Q. Mr. Beville, do you have— any system of Maintenance

checks olmthese receivers ‘once they are installed? - A." We

have a most elaborate test and check system. We are able

°to check every radio-equipped vehicle in tle Transit Com-

pany system at least once a week and usually—not tsually

but sometimes two, tlfree or four times a week.

.Q. You have men on the street engaged in that? A. Yes.

Q. What provisions are made in handling mechanical.

failures which occur between these maintenance checks?

A. The Transit Company, operators report. those to the

- Transit Cérmpany witieh in turn report to us.

Q. How do you handle cases of complaints that ares

turned in between your periods of maintenance checks, be--

‘ tween these periodic checks? ‘A. For example, if the

451 complaint is one of the nature that, say for example,

| if we received a complaint that the set is a little too.

° 7 :

° «

> ? : : ; $

‘s

: ‘ a7 .

; 100 3 :

4 ;

a6 . °

loud, in most. cases, . if the set is too loud, you would find ,

that the operator or inspector had turned it off if it was

actually eausing annoyance.

On the other hand, there are degrees of loudness. ifa

set may be just slightly loud ‘in the opinion of the operator

but not serious enought to ‘turn otf, he may report that and’

we may haye & man there. Well, after we receive, the re-

port of the difficulty we will have the nian on the yok: or.

dispatched to the jeb within 15 or‘20 minutes.

Q. You say there is a method of-turning off the sets

though i in. the event the operator feels that they are eperat- .

ing too loud to permit safe operation of the’vehicle? A.

- There is an emergency switch provided for that purpose.

. Doyou handle or inv estigate complaints that are re-:

ceived from any other source than Capital Transit Com-

pany? A. Yes,,those complaints are reports that we re-

ceive from people other than those .working for Capital

Transit Company and WWDC which are just as valuable as

if we had. employed someone to tell us that the set is not

pfaint that gives us-enough information to track down the

vehicle, we investigate as quickly as we can. .

452. Q.° Mr. Beville, is thert any difference in the medj-

an sound level, measurable sound level, between the =

radio sets when they- are operating ye voice and music?

A. The measurable difference acoustically ‘is hardly dis- .

‘eernable. You apparently are reférring to the notion, er

rather there is information to the effeet that we raise the ,

voice levels on commercials higher than we do on any other

program material. It is hard to answer this question defi-

nitely one way or the other’due to the fact that a voice the

average person the average power contained ini voiée mod-

ulation is much less than the average power contained in

musie which has a more sustained or sustaining type of

material than the voice would have and, therefore, the av-

erage power of the voice is much less. .

It is a known fact that noise affects more adversely

speech than‘it does'music and that being the case you must

| aes haniee

raise to some extent the voice under.given noise conditions _

_to' make speeches intelligible as misic, you must raise it.

-. slightly... However, that is only electrically within the re-

ceiver. Mees

Measnrably, acoustically, you can 7 tell the difference.

Q. May I ask thef?e whether the measurements that were

made—were you present at the time the measurements

“were made by Mr. McIntosh, which he introduced? » As

. -Yes. * ’

453 ~ Q. Tid those measurements indnile measurements

. vhile As ear was having beth speech and music? |

A. Yes, f measurements were made over a period of

hours. The measurements were made under the super-

vision and direction of Mr. McIntosh and some py him en-

tjrely. I was present there and the average readings w eFe °

as was listed there ip the testimony. That continued, for

example, one of the measurements that was, made, I believe

the streetear was boarded at the corner ‘of 17th and K

Streets. and measurements were, made. continually all the

WW ay from > T sir eot te tha end of the Mt. Pleasant line.

.4u"ClUM —_

Thag being’ the case ¥ou-were able to ceme up with’ an

average and of course there were ‘many Voice annoynce-

ments as well as music during that period,, We were un-

able to find that there was any difference, measureable dif-

ference acoustically, in the yoice and the music.

That is the reafon, for example, that you must change

the gain of a receiver slightly. It isa compensatirig deviee

is what-it, is. A compensating device is something that

makes up for: deficiencies:i in the original circuits oF oyiginal

system and there are defigiéneies in the system when it

_comes to speech ‘and, therefore, you have-a compensating

device whieh simply raises the speech level:to the same

point as the music level and makes it equally intelligible.

. ieee * . ee * * ‘ . *

2 a ; : :

. * : Py d :

Capital Transit Cotpany Exhibit No. 1.

Say re AGREEMENT — 2

‘

s oy

a agreement made this 13th day of Hoosen: 3 948,

and between Capital Transit -Company, hereinafter

Ssisathains referréd to-as Canital, and Washington Transit

Radio, Inc., hereinafter sometimes referred to as Ratio,

WITNES SSETH:

Wheres, (: apital operates certain street cars and busses

within the Washington metropolitan areg@ind, as a part of

sh service to its, patréns, desires to make available to them

niusie, news and:other entertainment and to secure revenue

irom advertising ; and

Whereas, and for this purpose, Radio is desirous’ of im-

stalling and ihaintaining the equipment necessary to,re-

ceive audio corimunications by glectronie means in the

street cars and busses, owned and/or operated by Capital;

Now, Therefore, in consideration of the muttal covenants

herein contained, it is agreed :’

) : By eee Short

= ; ee

DEFINITIONS

» Wherever used rerein, the followng terms shall he’

deemed to have the f

wing meanings : en a

(1) Audio. «The terin ‘“andio”’ shall mean a system

of broadcasting sound messages unaccompanied by

visual messages.

(2) Television: ‘The term “television”, or “visual”?

shall mean visual messages. ioe ann by. sound mes-

sages related thereto.

(3). Right of first refusal. “Right of- first refusal’

. shall mean Radio’s right to méet a bona fide written ~

‘offer made by another to Capital, It must be exer-

cised within thirty (30) days of written notice thereof

from Capital to Radio. .— -

(4) Notice. Wherever ‘notice? > is required in this.

Agreement, it shall be made in w riting and transmitted

via registered mail to Capital at its main office, 36th

a ae

ee nl

° * a)

(103 —C«;w F

and M Streets, N. W., Washington ‘7, D. C., and to -

Radio at 1000 Conuecticut Avenue, N. W., Washington,

D. C., unless either party by written notice to the other

specifies a different place. eas a

(5) Receivers. ‘‘Receivers’’ shall mean FM radio .

broadeast. receivers and their neeessary auxiliary

equipment including loudspeakers, designed for satts-

factory service in mobile @quipment, suchas is oper-

—~ ated by Capital. : . ee

. %

(6) Broadcast °stution. ‘*Broadeast station’’ shall

mean a radio broadeasting station whose programs are

received over the equipment installed by Radio im

Capital’s facilities for thos@hours of operation during

which programs aré so.receiveg, a

(7) Capital’s facilities, ‘Capital’s facilitic@®’’.shall’

include street cars, busses, terminal facilities, waiting:

rooms and division headquarters owped* and/or op- -

erated by Capital within the Washingten metropolitan

district. toy de gtatt Wak vr?, ics ° Whe

- (8) Annual’ gross transit imcome. ‘* Annual “gross

s collected by Broadcast Station during each twelve(12)

month period for the periods of ttme during which

_ programs were received over the equipment installed

3 in Capital’s facilities, after any usual’and customary

sales and agency commissions paid, which: shall, in no, .

event, exeeed thirty per cent (30%) of the cost to the

purchasers of time. A radio~installation shall be

transit income”’ shall mean the total broadeast revénue °* ,

‘deemed to exist whenever equipment has been installed ~~

by Radia in a vehicle Which is in. segniar use, ,or other

faeility-of Capital; the installation shall be deemed ta -

have occurred in any month during which’ actual in- .

stallation was completed prior to the fifteenth (Ioth) |

daythereof. .: . a :

: es rice aap eh ee) ad wae

H. nee ome :

e ESM“ be Hs ga : ; : M

RADIO’S EXCLUSIVE RIGHT ‘TO INSTALL AUDIO

ea RECEIVING EQUIPMENT. , |

Radio shall have the exclusive rig&t to install, maintain

and use equipmert designed to receive audio communica-

tions by electronic -means, including any and all equipment.

required:in connection therewith; in@apital ’s facilities and

; e@ ,

Pain

8 pes > 2 e

‘ ps 104°

1 Ss

to provide for the reception of programs over such equip-

ment duting theerm of this Agreement. This, shall not

restrict Capital’s right to install radio equipment far the

purpose of transmitting orders and information to its em-

ployees, or for any other purpose not reasonably Ww ithin the

scope of this Agreement. rT a 2

r e 5 : Gt

: Ill .

INST ALLATION, MAINTENANCE AND D OPERATION

| OF EQUIPMENT:

Alk receivers shall be acqdired, installed, repatted and

maintained by Radio ‘at its own expense. at

* « it a * * * a a *

(3) Real alice Fachection of. Nostoment,: Radio shall

make periodic inspections of and maintain. all.the radio ~

equipment installed-by it-in gooil operating condition,’ re-”

placing all broken -or defective equipment. Radio shall

‘have no obligation to make any repairs. of its Sah ponent

which becomes defective between regular inspections unless

Capital shall have notified it that any such eal is out

of order.

(4) Manner and Time “for Mamtenance -and Repairs.

Radio shall de all work of installation, maintenance, ad-""

justing, replacing and removal of. radio equipment in such |

a manner and at sach times as awilk not interfere with the

regularly scheduled operation of the vetticles, provided that

Radio shall. not be deemed-to have breached its undertaking °

with respect to installation, maintenance or repairs if it has’.

‘been unable to gain acess to the vehicles in question for’

adequate periods of tinfe. Capital shal, at. its own eX-

respect to installations; insofar as the -installations, re- -

quire modification or alter ‘ation Sf Capitaltequipmeat. The

placemént of equipment shall he a matter of mutual agree-

ment, it being understood, howeve?, that neitherparty shall

ounreasonably withhold consent. Radio shall pay to-Capital-

gts eost of Fe pairing auy damage done to its facilities in-

te ae

_ |

Ie NMA!

ll a |

ET RP UE bes a AP ae, ee

. . a

BNE TPE SRE SES PSE EAR TEE TE ig Se EW EME ED SCAU ON SMR ORE TS PRA AE TARDE ORE RAO ir ONE

N . : nenkia :

eae a

connection with the installation, maintenance and repair

. Work prempfly- upon rendition of bills for the same. When-

ever, any radio equipment is permanently femoved. from

ary facility, Kadio will pay to Capital its cost of restoring

any part tlereof affected by such removal to a condition

eqfial-to that of the regyainder of the facility at the time

of such removal, promptly upon rendition of bikls for the

same. . -' - \ /

| : ee ter

#0 *«. *- es. + * * * soe

(6) Netice Concerning. Repairs. Capitalgshall notify

Radio promptly wheney er any radio equipment is out of .

order. M

(7) Control of Receiving Kouchacat Radio shall have

full control over the time or times of day that its radio

“equipment shall he operated, and Capital shall net. turn off

or disconnect the radio receiving s¥ster? in any , vehicles

while it is operating ona regularly scheduled: route, except

when in the opinion of ‘the operator of any such vebiclé the

racdio- equipment is nh ot operat ne } property she OF, the + nat ur 2

of the material being broadcast will jectardize the epera- ;

tion of the vehicle gccording to normal-standards of safety,

a) rexcept when suck vehicle is involved in an accident, and

manual swit¢hés will be provided’ therefor. In all other

’ instances, segs shall be earned on and off by Radio by elee-

trohic’or other automaNa méans. It is expressly under-

stood that the provisions of this-paragraph shall not apply

to equipment in vehicles’ operating under charter, which

equipment ‘may be turned on or off in’ the diseretion of

Capital.

meee 84 le ahaa

BROADCAST SERVICE TO BE RENDERED* |

‘In order to comply with its obligations hereunder, Radio

will contract with a broadcast station for programs to be

received j in Capitals facilities for a minimum of eight (8)

hours per day except Sundays. «Radio warrants, and as ¢

comlition precedent hereto agrees, that no contract ‘shall

106

A . ry

be entered into by Radio with any Broadcast Station for

pregrams which ore not include the followi ing provisions

and warranties : “+

| (a) Promrais content: shall be of good quality and

@ consonant with a high standard of public acceptance

and’ responsibility, it keing understood that ‘all ‘pro-

grams shall be carefully planned, edited and prodyeed

in- accordance with accepted practices employed by

qualified broadeasting stations. —

" . i ee

. (b) Commercial announcements shall not exceed.

sixty, (60) seconds in duration; and cumulatively shall

, hot exceed six (6) minutes in any sixty (60) minute

/ period.

‘(c) Broadeast Station shall agreeéto cancel or suita:

bly to modify any commercial continuity upon notice -

from Capital that’said continuity, or the sponsor there-

of, is obje ctionable. Broadcast Station shall further

agree that it shall give notice to Capital Within twenty-

four | (24) hours after, the acceptance of each new

- Sponsgr.

(d) Capital is ‘to receive without charge fifty per

cent (50%) of. the upsold time available for ecommer-

cial continuity as provided in sub-section (b) hereof,

(said free time not to exceed three (3) minutes in any

sixty (60) minute period), for. institutional and pro-.

. . '

. motional announcemenis.. Ali sach announcements

shall be subject to approyal by Broadeast Station and

all such time .is subject to sale without notice. :

(ce) Broadeast Station shall agree to.indemnify and

hold Capital harmless from any and. all damages and

claims for damages arising out of material broadcast

by Broadcast Station. Capital‘agrees to notify Radio

and Broadeast , Station unmediately. whenever such |

_ claims. for damages are made and Broadcast Station

shall have the right to defend or compromise i any suit,

claim or controversy. : : aa

to Ng pap Drs

: 107

(f} Broadcast Station shall submit within sixty (60) _

~ days of the close of each tw&lve (12) month period as

hereinafter described an audit of its annual gress tran-

sit income as hereinbefore defined, prepared by a cer-

tifiéd publie accountant, and upon request by Radio or

Capital, stall furttiwith make uvauabie for inspection

all its books of account and underlying data, specifi-

eally including cancelled checks and bank statements. —

| (¢g) Broadeast Station shall -be authorized to oper-

station, or their equivalents, assigned to the City of

merhinaton, D. C.

ey , ; |

COMPENSATION — | ~ ¢

_ (2) After Initral Period. From and after the expiration

of the initial ninety (90) day period provided for in Part

ill, Section (1) herein, compensation from Radio to Capital

for each twelve month period thereafter shall‘ be at the

rate of Six Dollars ($6.00) per month per radio installation,

or on the following basis, if total compensation there-

under is higher:

Where Gross Transat Income

for the 12-month Peried is ; ;

between: Payment Due Shall —

~ @ and $100,000 10% =...

$100,000.01 and $200,000 + $ 10,000 plus 209% of the

ae: Rte am’t above "$100,000.01

$200,000.01 and $400,000- #$ 30,000: plus 33% of the

| Se ; ~ amt akove $200,000.01

$400,000.01 and $500,000 $ 96,000 plus 35% of the —

| Pee tart am’t above $400,000.01

$500,000.01 and $600,000 $131,000 plus 45% of the

am’t above $506,000-01

more than $600,000.01 $176,000 plus 50% of the °

am’t above $600,000.01

- 3 ; ; 108 ;

(3) Interim Payments. ly order to keep payments from

re to Capital reasonably curi rent, monthly eash pay-

ments are to be made as follows: At the: end of each month,

Capital shall, give Radio a written report of the namber of

radio installations in regular use during that month. With-

im ten (10) days thereafter, Radio shiapp pay Capitaresix

Dollars ($6.00) for each such radio installation. After the

end of each three (3) month period, Radio shall submit to

Capital an audit which will include gresg transit income for

the preceding quarter, and a cash adjustment between the

parties will be made by using a projected gross ‘annual

transit income determined by assuming that the said in-

come for the balance of the. twelve (12) month period w ifl

Aye at the‘same rate as actualiy occur red over the preceding

three (3), six (6), or nine (9) month period, as the case

may be. Said projected sum shall be divided by twelve

(12) and multiplied By three (3), to determine the quar-

terly payment dhe in accordance with the schedule of

charges provided for hereinabove. In. making payments

at the end of each such period, due allowance siall be

made for previous payments during the preceding portion .

of each twelve (12) mouth period.’

(4) Annugd Payments. Within seventy-five (75) days

following thé end of each twelve (12) month period, a_final

accounting shall be made, followed by adjustments in cash.

paynyent from Radic to Capital or Capital to Radfo, as the

ease may be, based upon the actual gross tminsit income

for the period. Upon request of € ‘apital, Radio shall make

available for inspectiop all its books of account and under-

lying data, including caftelled checks and bank statements...

: . ® ‘

¢e Cs

RE RE PAIL ES EE EME EE ESET

Dee ee, Veh

ees S|

TERMINATION, CANCELLATION AND RENEWAL

* * oe * i * * .

(4) U halowarabis Public Reuckon or Adverse Operating

S- oF Tn 2ha vant an . enedlaw thia Ag Ay

t v wpe Yee ions UZIAR e UaaeeD ae Bercus ¢

‘esult in unfav orahje public reaction or adverse operating

_ conditions harmful to Capital, Capital shall notify Radio in

writing to this effect. Within ten (1Q) days after such

‘ _~ : "

notice, Capital and Radio shall make*a joint study and @e-

termination ot the condition complained of through public

opinion surveys, epgineering studies, or such other methods

as may b eapplicabie and useful. If such condition is veri-

fied by these means and Radio is unable to rectify it within

thirty (30) days to Capital’s satisfaction, Capital may can-_

cel this Agreement upon ten (10) days’ notice in writing.

In the event the reétifieation of the said condition requires

equipment ¢hanges, Radio shall have a a, peridd |

of time to rectify the. condition. It is understood and

agreed that if the parties cannot agree on the exis terfee or

harm of the condition complained of, or the question of

whether it has been properly rectified, such matters shall

‘be submitted to arkjtration in accordance with Print XI

hereof. ,

In the event cancellation dccurs as above, Capital shall

assume the expense of removing thé equipment and shall

pay Racyo an amount equal to the widepreciated value of

the equipment, and Radio shall convey title to all of the

equipment to Capital. -As used in this sectiog, undepreci-

ated value of the equipment shall,mean actual cost to Radio.

of the equipment plus the following representing cost of

installation: For sets which have been installed for a pe-

riod of three (3) years or less, Fifteen Dollars ($15.00) per

set; for those which have. een installed more than thro

(3) years, Ten Dollars ($10.00) per set. ;

a ; e435." * « * “ . 7 « .

wae oe

I~ Wirness Wauerror, the parties have hereunto

_set their hands and seals’ this 13th “day of Décember, 1948.

Ca prrAL Transit Company, Cate

* By E. D. Merri, ae

President [Corporate Seal]

_ Attest: | ree 4

Wa. B. Bennerr, Serer a

Secretary Tae ee ettay eae

Wasuinoton Transir Rapto, Inc.- :

By Ben Srrovse, :

oc : President [Corporate sfal]

Attest: ela eon ° "

Tuomas: N. Down,’ °* . '

Secretary. VA

@ .

-~ ;

ee eee

; :

a "a

* 9 ‘

Qa ayy z ¢

% o

‘ = oe 7.

\ ¥ +

IE OE II FE SLL LENS IE, DEB QP EASES

September

- Total Miles

Operated |

» Ai}

Capital Transit Company Exhibit No. 2.

CAPITAL TRANSIT. COMPANY

ee or T'RaFric Accents PER 100,000 Mures ‘Transrr

VEHICLES First Nine Monvus 1949 anp 1948:

oS)

January

February

March

April

May

June

-July

August

Total

Rate per

100,000 Miles

Increase or Decrease—Plus .45 |

Traffic Accidents

Ist 9 Months 1949

i 362.

. 364 -

» pT2

370 —

" 417

392

366

307 |

@ 345

3295

32,989,133

9.99

Traffic Accidents

1st 9 Months 1948

431

447

382

338

302 ©

319

303 +

291

327

——_

3140,

32,929, 018°

9.54

o -

& i

| ye

112 ;

Capital Transit Company Exhibit No. 3. ° e :

CAPITAL TRANSIT COMPANY

Rate or Trarric Accinents p&r 100,000 Miues on Rapto

~ Oprrateo Veutcies rrom 2-10-49 ro 9-30-49,

| Conga Wilt xame Veuicies For SAME Fertop 1948. q

sali, Accidents ;

: After Radio BeforRadio

a : Installation Installatio

February 5 | 3°

March - ee Bees

_ April 3 ss | tT:

are oh. 11 28 4 .

June i 8 ; VI é

July | eet Seas 30

August | 43 : ag

September 03 | pe. ae

; Total imei | | 160

~ Total Mikes * ete

Operated 1,826,602 1,784,675 :

Rate, per 6 co Soe

100,000 Miles 8.81 8.96 :

_ Increase or Decrease—Minus .15 . eee

PEI Rs ES

Se rt

EERIE LISA PE EE EE

REMERON TI CE, SOLO ANUS AR RAAT AOS SIRE gh BOG Sete HERD ARN PEN Seo EER POR Se DSRS he ARE DEREN Lie bere eR RONEN

X < em . 7

° ©

113

| Washington Traisit: Radio Exhibit. No’ 13 13:

ites jes Excrveerntna Report —

9 6

The following sound level measurements wére taken _

from a- random seleétion of: street cars and buses of the

Capital Transit Company:

‘9

i x a Car in Motion

Car or Position Car Noise CarNoise | Car Standing

Bus No. in-car with Radio Gvithout Radio with radio’ on —

1511 Front. . 54db ..- 54db 44db

. Middie . 5d4db - . S4db —48db

- 3/52. Rear — §4db d4db 48db

1558 Front ee 58 46

Rear _ 38 58 BP aes a aaa

5239 Front = 56 «56 ; 48

- Middle 58 fn 54°

ee OO a b4

1127. Front 72 70 = 60

Middle 70 70 64

Rear 70 70 64

Street noise at 14th and F SPIEL Vy N. W., made October

12—50db f

Street noise at 14th and F Streets, N. W., matte October

_ 14—60db

e ,

All readings represent averagé values of sound level

above the threshold-of-bearing (.0002 dyyes per, em*) and

were measured with a Gengral Radio Company type 795-B

- sound level meter, serial No. 1747. The first three meas-

urements were made October 12, 1949, with fair weather

condifons and dry streets; the last measurement was made

Octohker 14 in rainy weather. :

114 RAN pe

PUBLIC UTILITIES COMMISSION OF THE. DISTRICT OF COLUMBIA

& ‘Order No.. 3612.

In the Matter of Radio Reception’ in Busses and Stree? Cars.

of Capital Transit Company.

dD. tT ¢t Na 3490 -- Porme! Oaon No IO

7 wave “ve a tM. ev bess RAACAA NY ten . ererrle

. > . °

On July 14, 1949, this- Ootiunianinn: on its own motion,

issued its Order No. 3560 instituting an investigation to

determine whether or not the installation and yse of radio

receivers on the street cars and busses of Capital Transit

Company is consistent with public, convenience, - comfort

and safety.> At that time, the C any had.a number of

_ tars and busses a oe radio receivers. It

$ generally understoéd that eventually most of the street

ears and busses would be so equipped. | as

After appropriate notice, formal public hearings were

held on the subject matter of the order of inve@tigation on

October 27, October 28, October 31, and Novembey 1, 1949.

» Washington Transit Radio, Inc., and Franklin . Pollak

and. Guy Martin were granted the right to Hitervens and

participated throughout. the proceedings. .

In addition to the participation of People’s Counsel and |

of the interveners, appearance was noted for the Star-

Times Publishing Company of St. Louis, Missouri.

Full opportunity was afforded the representatives of

citizens and civie associations and of every other. inter-

ested group, and to évery individual present, to express

their views respecting the’matter before the Cornmission.

Brief was filed on Nevember 23, 1949, by intervemers,

Franklin S. Pollak and Guy Martin. ai cae

Reply brief was filed jointly by Capital ‘Transit Com-

pany and Wa shington Traggit Radio, Inc., on December

d, 1949. ead ae

Positions of the Parties.’ .

= ©

In their joint brief filed on December 5, 1949, Capital

Transit Company and Washington Transit Radio, Inc.,

summarized their position in this proceeding as follows: — .

ae Wl Oa NE

“eS SRD AAG TN WRI SOG AE TOS

i 415

(a) That there is no su! betantia} evidence of record show-

ing. that the installation of radig receivers on street cars

and busses, and thefr use -in reception of -the type of p¥o-

‘gram transmitted to them, is incesisistent’ with publie con-

venience, comfort or safety:

{b) Phat the probative evidence of record is overw helm-

ingin showing that there is no element of lack of safety.

inv vol ‘ed in-such ingtallation and use of ‘adios, and that the

“large majority of- the transit riding ‘public accept, and en-

joy, and benefit by: the programs recefred thereon;

(ec) That individual or smal! minority group objections

or contentions, based upon asserted rights, under the First

or Fifth Amendments, to privaey, freedom of speech, lib-.

erty, and property, and dislike for the ptograms, in the’

Capital Transit Company vehicles available for public use, °

are without merit and are irrelevant to any. issues in this

proceeding | arising’ out of the statutory powers ‘of the Com-

rhission ; and ‘ : :

(d) That this proceeding should be dismissed for. want

of evidence to sustain any Jawful action by the Commission.

Interveners, Pollak and: Martin, summarized their argu-

ments in their brief filed on November 23, 1949, in the fol-

swing manner:

(1) The-use of radio receivers in the iivesaanbacaua of

this case deprives riders of freedom te listen or not to liste

in violation of the First Amendmdht te the Constitution;

and deprives riders of. liberty without due process of law_

in violatton. of the Fifth. Amendment to the Constitution.

‘ (2) The use of radio receivers in the cirenmstances of >

this case takes the private property of riders for private

use in violation of the Fifth: Amendment to the Constitu- -

* tion. 2

(3) Apart from constitutional quentiotia the use of radio

receivers in ‘the cireumstances of this case isG@nconsistent.

with public convenience, comfort and safety begause of the

effects of the broagrasts on a significant number of riders -°

antl operators. v4

oto r

116 | .

(4) The approval of these hroadcasts by’ bindorite of

the riders and a majority of the operators is irrelevant.

Problem Before.This Commission, .

The investigation conducted and the evidence presented

at the formal publie hearings held on,the subject of the in-

stallation of radios in the street ears and busses of Ca itak,

Commission strictly in the light of its jurisdictional powers. -

The extent of these powers was indicated in the notice of

investigation issued by the Commission on July 14, 1949,

wherein the purpose of the investigation. was defined as J

being the determination as to whether ore not.-the installa- \

tion and use of radio receivers in street cars and busses is \

consfstent with public’ convepience, comfort and safety. .

The . Commission’s decision on such issues” must rest

‘ wpon a basis more tangible than impassioned pleas which

_ reflect personal feelings either in favor of er against radios

-in transportation Vehicles. _

As indicated above, one of the requirements contained

inthe Aet which. is administered by this Commission is that

every public utility operating within the District of Colum-

bia must. furnish service and facilities that are reasonably ,

safe. This Cofmission is given authority by such Act,

after hearing upon its own motion ,or upon complaint, to

direct such changes Jn equipment or condition of the ve-

hicles of common carriers‘as are necessary to promote the

’ comfort-or convenience of the public. It was to these ques-

tions that the Commission’s inv estigation was directed.

Summary of Testimony. |

Phe record shows that, as of October 15, 1949, ‘there were

212 radio sets installed in the Conmipany’s street cars and

busses, and that it is contemplated that a total of 10 sets

will be installed. ee

On December 13, 1948, the Conipany entered into a con-

tract with Washington Transit Radio, Inc., which provides,

among other things, that the radio receiving equipment will

be Xalied and maintained by -Transit-Radio without cost

> - w

ent | ih

to Capital Transit Company. Washington Transit Radio,

Inc.,.in turn, has a cofttract with radio station WWDC-FM

covering program service for reception in the vehicles of

Capital Transit Company. - e

As indicated hereinabove, all interested parties were

given full opportunity to express their views.. At the be-

ginning of the hearing, resolutions submitted to this Com-

mission by the Federation of@itizens Associations and cer-

’ tain of sits member associations were listed, ana. represen-

‘tatives from such associations were permitted to expand

the views expressed by their groups. The Federation of

- Citizens Assocjations went on record as favoring the re-

tention of radios in street cars and busses, as did the North

Washington Council, which represents about 22: different

associations, and the National Federation of Federal Em-

ployees, Local No. 2.. Other associations favoring music

on, transportation vehicles included the Northeast Busi-

nessmen’s Association, Inc., and the National Association

of Letter Carriers. As to the individual Citizens’ Asso-

ciatipns which filed resolutions with this Commission, three

expressed opposition to radios and 15 were in favor of»

their retention. A group of 43 persons, designating them-

‘selves as the Transit Riders Association, registered their

opposition. :

In general, the objections raised by individuals who at

tended the hearings to radios in transportation vehicles

were based upon the following reasons, among ,others :

It interfered gvith their thinking, reading or chatting -

with their companions; it would lead*to thought control;

the noise was unbearable; the commercials, announcements

and time signals were annoying; the music w as of the poor-

est class; the pr actice deprived them of their right to listen

or not to listen; they were being depriyed of their property

rights without dlue, process ; their health was being im-

paired; the safety -of operation was threatened because of

the effect of yadios upon the oy erators of the vehicles.

dlaving in mind the salient points of public convenience,

comfort and safety, the Commission has gi ven very care-

4) Ber 118 eae Q

fu) consideration to the testimony bearing on these factors.

Captain Loraine T. Johnson, representing the Police.

Department of the District of Columbia, analyzed for the

record statisties covering traffic accidents, since July 7,

1949, in which street car and buses were involved and stated

that, in his opinion, radio-equipped vehicles do not enter

into the traffic picture-at all. |

‘William H. Voltz, Planning Engineer of the Department

of Vehieles and. Traftic, Stated that, in the absence of any

evidence. that. radios in motor vehicles have been a con®

tributing factor in traffic accidents, the Department »which

‘he represented does not néw consider such installations 10

de a traffie matter. :

The Engineering Barend of this Commission, through

4-F. A, Sager, Chief Engineer, concluded that when the

radia is properly tuned safety of ope eration is not impaired

due to the operation of the radio. i

Employees of Capital Transit Osiipaisy charged with

the supervision and instructing of street car and bus op-

erators testified that they uave not found, in the perform-

ance of their duties, that the reception from radios inter-

fered with their operation. of the vehicles nor with the

_safety of their operation. These witnesses also testified

that it was apparent that reception over the radio speakers

did not affect the safety of operation by other operators

— observed by them as instructors or supervisors, Further, |

_the witnesses stated that the radio reception does not inter-°

fere with the ability of the operator to hear street

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.