Hush-A-Phone

Last updated

Hush-A-Phone attached to a candlestick telephone on display at Museum of Communications in Seattle Hush-a-phone pedestal model.jpg
Hush-A-Phone attached to a candlestick telephone on display at Museum of Communications in Seattle

The Hush-A-Phone was a device designed to attach to the transmitter of a telephone to reduce noise pollution and increase privacy. Sold by the Hush-A-Phone company, the device was frequently described in its commercial advertisements as "a voice silencer designed for confidential conversation, clear transmission and office quiet. Not a permanent attachment. Slips right on and off the mouthpiece of any phone". [1]

Contents

Hush-A-Phone Corp. (originally Hush-A-Phone Sales Corp.) was a company founded in New York in 1921 or 1922 to market the Hush-a-Phone.

The device was the topic of a landmark court case, Hush-A-Phone v. United States . The Hush-A-Phone was regularly referred to in telecommunications policy analysis in the 1980s, [2] [3] [4] [5] attracting renewed interest in the 2000s as a symbol of a small company fighting against a monopoly, especially in the context of net neutrality. [6] [7] Indeed, because Hush-A-Phone eventually won its case against the phone company, the final legal proceedings involving the Hush-A-Phone turned out to be relevant to the eventual breakup of the Bell system.

Advertisements for the Hush-A-Phone not only argued for its importance as an aid to privacy, [8] but also noted the device improved clarity of sound, [9] which AT&T would directly argue against.

History

1920–1948: early years

The manufacture of Hush-A-Phones began in 1921, [10] [11] although the Hush-A-Phone company was first mentioned in The New York Times in a 1922 classified advertisement for a "typist-dictaphone operator". [12] At this time, Hush-A-Phone was located in New York's Flatiron District, at 41 Union Square. Only a month later, the company advertised for a salesman, noting that 500 Hush-A-Phones were sold in one week at a business show. [13]

The company was still seeking a salesman in April 1922, but stopped posting dedicated sales openings until January 1923, this time noting several thousand Hush-A-Phones had already sold in New York. [14] [15] The company's first classified advertisement for the product appeared June 7, 1922, pricing the product at $10 and offering a free 5-day trial offer. Between the end of June 1922 and January 16, 1923, the company moved eleven blocks closer to the Empire State Building, to 1182 Broadway, and the "free trial" changed to "free demonstration offer". [16] A capital increase to the "Hush-A-Phone Sales Corp." company was announced on December 22, 1922, from $250,000 to $500,000, [17] and in March 1923, the company's name changed from Hush-A-Phone Sales Corp., Manhattan, to Hush-A-Phone Corp. [18]

Some time between May 30, 1923, and October 18, 1923, Hush-A-Phone moved halfway back toward its original Union Square location, to 10 Madison Avenue, [19] [20] and by May 1924, the company had started suggesting that potential customers outside of New York wanting a demonstration would instead be sent a booklet. [21]

Alan Gordon-Finlay trialling the Hush-a-phone at the League of Nations, circa 1927 - ILO Historical Archives Alan ILO 1927 195A.jpg
Alan Gordon-Finlay trialling the Hush-a-phone at the League of Nations, circa 1927 - ILO Historical Archives

The Wall Street Crash of 1929 brought trouble to many companies. On October 20, 1929, Hush-A-Phone was advertised along with several other companies on the first page of The New York Times as part of the "National Business Show" being held in Grand Central Palace from October 21 to 24. The company was showing its handset model for the first time. The ad noted that Mr. H. C. Tuttle, President of the Hush-A-Phone Corporation, had just returned from a European tour of ten countries where the product would be distributed. The product was described as being "beautiful", made of bakelite, and "embellished with a work of art in bas-relief. It appears as a handsome desk clock, nine inches high, concealing its function as a Hush-A-Phone". [22]

Some time between October 1927 and December 1929, Hush-A-Phone moved from its Madison Avenue location to about seven blocks southwest to 43 W. 16th Street. [23] [24] Although one more advertisement appeared in 1929 (December 8, just in time for the holidays), Hush-A-Phone was absent from the Times until July 1934, when a four-line, text-only advertisement appeared. [25] Advertisements in 1936 noted a new model "for French phone" was out, [26] and in October 1937 the Hush-A-Phone company was exhibiting again, this time showing a 200-foot elastic telephone wire at the National Business Show. [27] However, the four-line classified advertisements continued to be the company's public appearances after the show, appearing between ads for cigars and baldness cures, until 1942, when their product appeared in photographs in a few ads run by houseware store Lewis & Conger. [28] [29] In 1944 the company noted "Models for E-1 and F-1 Handset Phone; Pedestal Phone; Switchboard and Dictating Machines". [30]

In 1945, Hush-A-Phone ads began appearing in The Washington Post, [31] and Hush-A-Phone consulted with acoustics expert Leo Beranek at MIT, who began work to design an improved silencer. Beranek would later bring in J. C. R. Licklider to help demonstrate the Hush-A-Phone retained clarity of sound. [32]

125,796 Hush-A-Phone sets were sold between 1922 and 1949. [33] [34]

During the 1940s, telephone service was seen as a "natural monopoly", and AT&T was the sole provider of all aspects of telephone service in much of the U.S., including telephone equipment. [34] In the late 1940s, phone company repairmen began warning customers that using devices like the Hush-A-Phone could result in termination of phone service. [35] [11]

On December 22, 1948, Hush-A-Phone and Harry C. Tuttle, its president, protested to the Federal Communications Commission (FCC), asking them to order the phone company to authorize use of the device. [36] The hearing occurred in 1950, but the original hearing examiner involved died, delaying the initial recommendation. [37]

Some time between May 3 and 12, 1949, the company moved a few doors down, to 65 Madison Ave., [38] [39] and occasionally advertisements exceeded the four-line standard, in Oct 1949 offering free tickets to the "Business Show". [40]

In February 1951, the FCC decided Hush-A-Phone's complaint should be dismissed, but held the case open for the next seven years, permitting further pleadings and reconsideration. [37] A letter to the editor of The Washington Post by John P. Roberts, a communications engineer, described the FCC decision "an invasion of the rights of the individual", adding "even if this quality deterioration had been satisfactorily demonstrated, it is hard to understand why the FCC should have the power to forbid my use of the Hush-A-Phone if I choose to accept the deterioration in quality for the sake of increased privacy". [41] On March 23, 1951, Hush-A-Phone and Harry C. Tuttle submitted filings to the FCC reporting scientific tests proving that the Hush-A-Phone "actually causes a net increase in transmission efficiency of the telephone circuit" and that AT&T and affiliates were "public utility monopolies unlawfully interfering with the natural and inherent rights of a subscriber". FCC official Jack Werner's suggestion was that the telephone company should suspend service to any consumer failing to comply with the regulation prohibiting foreign attachments. [33]

The FCC's final decision was issued on December 23, 1955, and stated "The unrestricted use of the 'Hush-A-Phone' could result in a general deterioration of the quality of interstate and foreign telephone service. Accordingly, it is not an unjust and unreasonable practice upon the part of the defendants to prohibit its use in connection with their telephone services." [37] While the commission agreed that the Hush-A-Phone did provide protection against eavesdroppers and noise from telephone circuits, "the device sometimes results in loss of voice intelligibility and also has an adverse affect [sic] on voice recognition and naturalness." [37]

The FCC's 1955 decision was rejected by the U.S. Court of Appeals on November 8, 1956, in the landmark case Hush-A-Phone v. United States , with the decision stating it was an "unwarranted interference with the telephone subscriber's right reasonably to use his telephone in ways which are privately beneficial without becoming publicly detrimental". [42] The FCC followed up on February 6, 1957 to officially direct AT&T and Bell System subsidiaries to permit subscribers to use the Hush-A-Phone and similar devices. [43] [11] Advertisements proudly noted "Use of the Hush-A-Phone on telephone is permitted by Federal Appellate Court ruling" beginning in March 1957, [44] and by July were stating "Bell System Approves Use of Hush-A-Phone by tariffs Effective May 16, 1957". [45]

1958–1972

Hush-A-Phone was still featured in advertisements by the company during the early 1960s in The New York Times , but their last direct ad seems to have been on March 13, 1962, [46] after which the product was featured in catalog-type ads posted by stationer's store Goldsmith Brothers through 1970. [47] [48] In 1972, the last classified ad for Hush-A-Phone was listed by Harrison-Hoge Industries, Inc. for $13.95 in black and $15.95 in green, ivory, or beige. [49]

See also

Related Research Articles

Communications in the United States include extensive industries and distribution networks in print and telecommunication. The primary telecom regulator of communications in the United States is the Federal Communications Commission.

<span class="mw-page-title-main">Demarcation point</span> Boundary of a private and public network

In telephony, the demarcation point is the point at which the public switched telephone network ends and connects with the customer's on-premises wiring. It is the dividing line which determines who is responsible for installation and maintenance of wiring and equipment—customer/subscriber, or telephone company/provider. The demarcation point varies between countries and has changed over time.

<span class="mw-page-title-main">Metropolitan Transportation Authority</span> Public transportation organization in New York

The Metropolitan Transportation Authority (MTA) is a public benefit corporation responsible for public transportation in the New York City metropolitan area in the northeastern United States. The MTA is the largest public transit authority in North America, serving 12 counties in Downstate New York, along with two counties in southwestern Connecticut under contract to the Connecticut Department of Transportation, carrying over 11 million passengers on an average weekday systemwide, and over 850,000 vehicles on its seven toll bridges and two tunnels per weekday.

<span class="mw-page-title-main">NYNEX</span> Former American telecommunications company

NYNEX Corporation was an American telephone company that served five states of New England as well as most of the state of New York from January 1, 1984 to August 14, 1997.

<span class="mw-page-title-main">Classified advertising</span> Form of advertising

Classified advertising is a form of advertising, particularly common in newspapers, online and other periodicals, which may be sold or distributed free of charge. Classified advertisements are much cheaper than larger display advertisements used by businesses, although display advertising is more widespread. They were also commonly called "want" ads, starting in 1763, and are sometimes called small ads in Britain.

<span class="mw-page-title-main">Direct marketing</span> Model of communicating discounts and other sales offers

Direct marketing is a form of communicating an offer, where organizations communicate directly to a pre-selected customer and supply a method for a direct response. Among practitioners, it is also known as direct response marketing. In contrast to direct marketing, advertising is more of a mass-message nature.

<span class="mw-page-title-main">Carterfone</span> Device to connects a two-way radio to the telephone system

The Carterfone is a device invented by Thomas Carter. It connects a two-way radio system to the telephone system, allowing someone on the radio to talk to someone on the phone. This makes it a direct predecessor to today's autopatch. The connection is acoustic -- sound travels through the air between the Carterfone and a conventional telephone that is part of the telephone system.

Pay to surf (PTS) is an online business model which gained popularity in the late 1990’s and experienced a significant decline following the dot-com crash. PTS companies advertised their main advantage as sharing the advertising revenue with their user base in a form of rewards for watching promotional content over the web. In order to participate, users would need to install software that tracked their browsing activities and displayed targeted advertisements. Ultimately, users receive financial compensation for their time spent browsing the web.

<i>Hush-A-Phone Corp. v. United States</i> 1956 United States federal court case

Hush-A-Phone v. United States, 238 F.2d 266 was a seminal ruling in United States telecommunications decided by the D.C. Circuit Court of Appeals. Hush-A-Phone Corporation marketed a small, cup-like device which mounted on the speaking party's microphone, reducing the risk of conversations being overheard and increasing sound fidelity for the listening party. At the time, AT&T had a near-monopoly on America's phone system, even controlling the equipment attached to its network. In this era, Americans had to lease equipment from "Ma Bell" or use approved devices. At this time Hush-A-Phone had been around for 20 years without any issues. However, when an AT&T lawyer saw one in a store window, the company decided to sue on the grounds that anything attached to a phone could damage their network.

<span class="mw-page-title-main">Leo Beranek</span> American acoustics expert

Leo Leroy Beranek was an American acoustics expert, former MIT professor, and a founder and former president of Bolt, Beranek and Newman. He authored Acoustics, considered a classic textbook in this field, and its updated and extended version published in 2012 under the title Acoustics: Sound Fields and Transducers. He was also an expert in the design and evaluation of concert halls and opera houses, and authored the classic textbook Music, Acoustics, and Architecture, revised and extended in 2004 under the title Concert Halls and Opera Houses: Music, Acoustics, and Architecture.

In the United States, commercial radio stations make most of their revenue by selling airtime to be used for running radio advertisements. These advertisements are the result of a business or a service providing a valuable consideration, usually money, in exchange for the station airing their commercial or mentioning them on air. The most common advertisements are "spot commercials", which normally last for no more than one minute, although extended versions, commonly running for up to 45, 60 or more minutes, are termed "informercials" because they delve deeper into detailed information on and stories about commercial product or service offerings.

<span class="mw-page-title-main">Embarq</span> American technology company

Embarq Corporation was the largest independent local exchange carrier in the United States, serving customers in 18 states and providing local, long-distance, high-speed data and wireless services to residential and business customers. It had been formerly the local telephone division (LTD) of Sprint Nextel until 2006, when it was spun off as an independent company. Embarq produced more than $6 billion in revenues annually, and had approximately 18,000 employees. It was based in Overland Park, Kansas.

<span class="mw-page-title-main">Verizon</span> American telecommunications company

Verizon Communications Inc., is an American telecommunications company headquartered in New York City. It is the world's second-largest telecommunications company by revenue and its mobile network is the largest wireless carrier in the United States, with 114.8 million subscribers as of March 31, 2024.

<span class="mw-page-title-main">195 Broadway</span> Office skyscraper in Manhattan, New York

195 Broadway, also known as the Telephone Building, Telegraph Building, or Western Union Building, is an early skyscraper on Broadway in the Financial District of Manhattan in New York City. The building was the longtime headquarters of AT&T Corp. and Western Union. It occupies the entire western side of Broadway from Dey to Fulton Streets.

<i>United States v. AT&T</i> (1982) 1982 case in U.S. antitrust law

United States v. AT&T, 552 F.Supp. 131 (1982), was a ruling of the United States District Court for the District of Columbia, that led to the 1984 Bell System divestiture, and the breakup of the old AT&T natural monopoly into seven regional Bell operating companies and a much smaller new version of AT&T.

<span class="mw-page-title-main">Broadway–Lafayette Street/Bleecker Street station</span> New York City Subway station in Manhattan

The Broadway–Lafayette Street/Bleecker Street station is a New York City Subway station complex in the NoHo neighborhood of Manhattan on the IRT Lexington Avenue Line and the IND Sixth Avenue Line. It is served by the 6, D, and F trains at all times; the B and M trains on weekdays during the day; the <6> and <F> trains during rush hours in the peak direction; and the 4 train during late nights.

<span class="mw-page-title-main">Traffic Motor Truck Corporation</span> Defunct American motor vehicle manufacturer

The Traffic Motor Truck Corporation (TMTC) was a St. Louis truck manufacturer from 1917 to 1929. It used Continental engines chiefly, and sometimes Gray Victory engines. The company was based at 5200 North Second Street. Guy C. Wilson was TMTC's president and Theodore C. Brandle was its vice president. Stephen W. Avery was the company's advertising manager.

<span class="mw-page-title-main">Securus Technologies</span> Prison communications company

Securus Technologies is a technology communications firm serving department of corrections facilities and incarcerated individuals across the country. The company is a subsidiary of Aventiv Technologies. In the past, the company has faced criticism over phone call pricing, data security, monopoly and product innovation.

Margaret Elizabeth Hockaday LaFarge (1907-1992) was an American executive who established the Hockaday Associates advertising firm in New York City in 1949.

<span class="mw-page-title-main">Coca-Cola polar bears</span> Fictional character

The Coca-Cola polar bears are fictional polar bears used as the mascots for the Coca-Cola Company. The animated characters have been a popular element in Coca-Cola advertising since 1993, and the company sells merchandise, such as tumblers and plush versions of the bears.

References

  1. International, Rotary (July 1923). The Rotarian. Rotary International.
  2. Wilsford, David (March 1984). "Exit and Voice: Strategies for Change in Bureaucratic-Legislative Policymaking". Policy Studies Journal. 12 (3): 435. doi:10.1111/j.1541-0072.1984.tb00319.x. ISSN   1541-0072.
  3. Vietor, Richard; Davidson, Dekkers (Fall 1985). "Economics and Politics of Deregulation: The Issue of Telephone Access Charges". Journal of Policy Analysis and Management. 5 (3): 3–23. doi:10.2307/3323410. ISSN   0276-8739. JSTOR   3323410.
  4. Bernard, Keith E. (November 1986). "Regulatory Development in the U.S.". Journal of the American Society for Information Science. 37 (6): 409–414. doi:10.1002/(SICI)1097-4571(198611)37:6<409::AID-ASI6>3.0.CO;2-Z. ISSN   2330-1635.
  5. Melody, William (September 1989). "Efficiency and Social Policy in Telecommunication: Lessons from the U. S. Experience". Journal of Economic Issues. 23 (3): 657–689. doi:10.1080/00213624.1989.11504933. ISSN   0021-3624. JSTOR   4226167.
  6. Crawford, Susan. "Hush-A-Phone". Archived from the original on December 28, 2014. Retrieved December 29, 2014.
  7. Wu, Tim (2010). The Master Switch: The Rise and Fall of Information Empires . New York: Alfred A. Knopf. ISBN   978-0307594655.[ page needed ]
  8. "Display Ad 194". The New York Times. June 23, 1922. p. 36. ISSN   0362-4331.
  9. "Display Ad 27". The New York Times. June 26, 1922. p. 4. ISSN   0362-4331.
  10. Gordon, John Steele (April 1997). "The Death of a Monopoly". American Heritage. 48 (2): 16. ISSN   0002-8738.
  11. 1 2 3 Kiley, Brendan (January 26, 2024). "The Hush-A-Phone controversy that quieted a telecommunications giant". The Seattle Times. Retrieved April 17, 2024.
  12. "Classified Ad 207". The New York Times. February 26, 1922. p. 116. ISSN   0362-4331.
  13. "Classified Ad 229". The New York Times. March 19, 1922. p. 142. ISSN   0362-4331.
  14. "Classified Ad 42". The New York Times. April 5, 1922. p. 39. ISSN   0362-4331.
  15. "Classified Ad 4". The New York Times. January 16, 1923. p. 43. ISSN   0362-4331.
  16. "Display Ad 15". The New York Times. January 16, 1923. p. 14. ISSN   0362-4331.
  17. "New Incorporations". The New York Times. December 23, 1922. p. 12. ISSN   0362-4331.
  18. "Name Change under New Incorporations section". The New York Times. March 6, 1923. p. 38. ISSN   0362-4331.
  19. "Classified Ad 4". The New York Times. May 30, 1923. p. 29. ISSN   0362-4331.
  20. "Display Ad 11". The New York Times. October 18, 1923. p. 11. ISSN   0362-4331.
  21. Display Ad 59 (May 11, 1924). The New York Times. p. SM12. ISSN   0362-4331.{{cite news}}: Missing or empty |title= (help)CS1 maint: numeric names: authors list (link)
  22. "Classified Ad 15". The New York Times. October 20, 1929. p. N6. ISSN   0362-4331.
  23. "Display Ad 52". The New York Times. October 13, 1927. p. 52. ISSN   0362-4331.
  24. "Display Ad 135". The New York Times. December 8, 1929. p. N10. ISSN   0362-4331.
  25. "Classified Ad 1". The New York Times. July 12, 1934. p. 3. ISSN   0362-4331.
  26. "Display Ad 31". The New York Times. May 11, 1936. p. 38. ISSN   0362-4331.
  27. "New Models Lead At Business Show: Improvements of Office Devices Featured in Exhibits of 100 Producers Attendance 'Gratifying' But Effect of Decline in Stocks Is Detected at Some Booths in Lower Sales Security Law Devices Attract Types in Reverse". The New York Times. October 19, 1937. p. 45. ISSN   0362-4331.
  28. "Display Ad 21". The New York Times. November 29, 1942. p. 47. ISSN   0362-4331.
  29. "Display Ad 24". The New York Times. December 6, 1944. p. 24. ISSN   0362-4331.
  30. "Display Ad 39". The New York Times. December 7, 1944. p. 40. ISSN   0362-4331.
  31. "Display Ad 1". The Washington Post. April 3, 1945. p. 2. ISSN   0190-8286.
  32. Wu, Tim (2010). The Master Switch: The Rise and Fall of Information Empires . New York: Alfred A. Knopf. pp.  103, 120. ISBN   978-0307594655.
  33. 1 2 "Hush-A-Phone Hits Back at A.T.&T.: Corporation Files Answer to F.C.C.'s Decision Sustaining Prohibition of Device". The New York Times. March 24, 1951. p. 25. ISSN   0362-4331.
  34. 1 2 Young, Lauren (August 16, 2016). "The Battle Over Net Neutrality Started With the 1920s-Era 'Hush-A-Phone'". Atlas Obscura. Retrieved April 17, 2024.
  35. Wu, Tim (2010). The Master Switch: The Rise and Fall of Information Empires . New York: Alfred A. Knopf. pp.  101–102. ISBN   978-0307594655.
  36. "Phone Company Upheld in Ban on Hush-a-Phone". The New York Times. February 17, 1951. p. 29. ISSN   0362-4331.
  37. 1 2 3 4 "Phone Device Ban by A.T.&T. Upheld: F. C. C. Rules Company Can Bar Use of Attachments Made by Others". The New York Times. December 24, 1955. p. 20. ISSN   0362-4331.
  38. "Display Ad 2". The New York Times. May 3, 1949. p. 3. ISSN   0362-4331.
  39. "Display Ad 2". The New York Times. May 12, 1949. p. 2. ISSN   0362-4331.
  40. "Display Ad 34". The New York Times. October 24, 1949. p. 40. ISSN   0362-4331.
  41. Roberts, John (February 26, 1951). "Hush-A-Phone". The Washington Post. p. 6. ISSN   0190-8286.
  42. "Court Removes Ban Against Phone Device". The New York Times. November 9, 1956. p. 25. ISSN   0362-4331.
  43. "Hush-A-Phone Backed: F.C.C. Directs Bell System to Permit 'Privacy' Device". The New York Times. February 7, 1957. p. 21. ISSN   0362-4331.
  44. Display Ad 114 (March 4, 1957). The New York Times. p. 48. ISSN   0362-4331.{{cite news}}: Missing or empty |title= (help)CS1 maint: numeric names: authors list (link)
  45. "Display Ad 124". The New York Times. July 8, 1957. p. 34. ISSN   0362-4331.
  46. "Display Ad 256". The New York Times. March 13, 1962. p. 72. ISSN   0362-4331.
  47. "Display Ad 326". The New York Times. September 23, 1962. p. 124. ISSN   0362-4331.
  48. "Display Ad 110". The New York Times. October 4, 1970. p. 47. ISSN   0362-4331.
  49. "Display Ad 164". The New York Times. August 27, 1972. p. S28. ISSN   0362-4331.