Radiotelephones on certain cargo

VESSELS IN HAWAIIAN WATERS

H E A R I N G S

BEFO RE A

SUBCOMMITTEE OF THE

COMMITTEE ON

"INTE RST ATE AND FOREIGN COMMERCE 

HOUSE OF REPRESENTATIV ES

EIGH TY -EIG HT H CONG RESS

SECOND SESSION

ON

H.R . 8508, H.R. 8542, H.R . 8591,

H.R . 8602, H.R . 8779

BILLS TO AMEND SECTION 356 OF THE COMMUNICATIONS 

ACT OF 1934, TO PER MIT CARGO S HIPS ON VOYAGES BETWEEN 

HAWAIIAN PORTS TO CARRY RADIOTELEPHONE IN LIEU OF

RADIOTELEGR APH INSTALLATIONS

FEBRUARY 19, MARCH 19, 1964

iVinted for the use of the Committee on Interstate and Foreign Commerce

32-442

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 1964
f

COMM ITTEE ON IN TE RS TA TE AND FORE IGN COMMERCE

OR EN H A R RIS , A rk an sa s, C hair m an

JO HN BELL W ILLIAM S, Missis sip pi 

K EN N ETH A. RO BE RT S, Alaba m a 

HAR LE Y O. STAG GE RS , W es t V ir gi nia 

W ALT ER RO GE RS , Tex as 

SA MUE L N. FR IE D EL, M ar yl an d

JO HN B. BE NN ET T, Michiga n 

WILLIAM L. SP RI NGER , Illino is 

PA UL F. SC HE NC K, Ohio 

J. AR TH UR YOU NGER, Cal ifor ni a 

MILT ON W. GL EN N, New Je rs ey

George W. P erry

J am es M. Men ge r, Jr ,

TORBERT H. MAC DON ALD, M ass ac huse tts SAMU EL L. DEV IN E, Ohio

AN CH ER NEL SE N, M in ne so ta 

HA ST IN GS K EIT H , M as sa ch us et ts 

WILLA RD S. CU RT IN , Pen ns yl va ni a 

AB NE R W. SIBA L, Con ne ct ic ut 

GL EN N CU NN ING HA M, Neb ra sk a 

JA MES T. BR OY HI LL , N ort h Carolina 

DONAL D G. BR OTZMAN, Co lorado

JO H N JA RM AN , Ok lah om a 

LE O W. O’B RIE N, New York 

JO H N E. MO SS, Cal ifor ni a 

JO H N D. DIN GEL L, Mi chiga n 

PA UL G. RO GE RS , Flo rida 

ROBER T W. H EM PH IL L, So ut h Car ol in a 

DAN RO ST EN KOW SK I, Illin oi s 

JA M ES C. HE AL EY , New York 

HO RA CE R. KORNEGA Y, N or th Car ol in a 

W. R. HULL , J r., Miss ou ri 

G IL L IS W. LONG, Lou isiana 

LIO N EL VAN DEER LI N, Cal ifor ni a 

J. J. PIC K LE , Tex as

W. E. Wil liam so n, C le rk

Ken net h J. P ain te r, A s s is ta n t C le rk

P ro fe ssio n a l S ta ff

And rew Stevenson

K dr t Borchardt

Subcommittee on Communications and Power

W AL TE R RO GE RS , Te xa s, C hair m an

JO H N E. MO SS, Cal ifor ni a

DA N RO ST EN KOW SK I, Illin oi s 

HORA CE R. KO RN EGAY , N or th C ar ol in a 

W. R. H U LL, J r., Miss ou ri

J. AR TH UR YO UN GE R, C al if or ni a 

GL EN N CU NN INGH AM , Neb ra sk a 

JA MES T. BR OY HI LL , N ort h Ca rolin a

II
C O N T E N T S

Hearings held on— Page

February 19, 1964_________________________________________ March 19, 1964------------------------------------------------------------------ 31

Text of—

H.R. 8508________ 1

H.R. 8542__________________________________________ 1

H.R. 8591__________ 1

H.R. 8602____ 1

H.R. 8779__________________________ 1

Report on H.R. 8508 from— Bureau of the Budget_______________________________________ 2 Commerce Department_____________________________________ 2 Navy Department_________________________________________ 3 Treasury Department_______________________________________ 3

Statement of— Bartley, Robert T., Commissioner, Federal Communications Com­ mission_________________________________________________ 7 Brown, James, Matson Navigation Co______________________ — 18 Brownstein, Irving, Assistant Chief, Safety and Special Radio Services Bureau, Federal Communications Commission________________ 7 Cahill, Gerard M., Association General Counsel, Federal Communica­ tions Commission________________________________________ 7 Curtin, Hon. Willard S., a Representative in Congress from the State of Pennsylvania_________________________________________ 6 Fischer, Henry G., attorney, Matson Navigation Co_______________ 18 Friedel, Hon. Samuel N., a Representative in Congress from the State of Maryland_______________________________________ 4 Haddock, Hoyt S., Washington representative, AFL-CIO Maritime Committee______________________________________________ 31 Hardy, John D., attorney, Office of General Counsel, Federal Com­ munications Commission__________________________________ 7 Henry, Everett, Chief, Marine Division, Federal Communications Commission_____________________________________________ 7 Jarman, Hon. John, a Representative in Congress from the State of Oklahoma______________________________________________ 5 McKenzie, Capt. R. J., operations superintendent, marine division, Matson Navigation Co___________________________________ 18 Pessel, P. J., vice president, Matson Lines_____________________ 18 Strichartz, Morris Harvey, technical director, American Radio Association, AFL-CIO____________________________________ 31 Woodyard, Harold, Chief, Safety Facilities Branch, Marine Division, Federal Communications Commission________________________ 7 Additional information submitted for the record by— American Radio Association, AFL-CIO:

Letter from— Lengyel, Robert R__________________________________ 77 Manaher, Tom_____________________________________ 73 Steinberg, W. R., president___________________________87, 89 Studen, Jack_______________________________________ 74 Taylor, Josiah J ____________________________________ 77

Whittington, Roy J _________________________________ 76

Federal Communications Commission: Decision______________________________________________ 12 Memorandum opinion and order__________________________ 9 Report and order_______________________________________ 8

m
IV CONTENTS

Additional information submitted for the record by--Continued

Galveston Labor Council, AFL-C IO, letter from James W. Kennedy, Page

president_________________________________________________ 90

King County (Wash.) Labor Council, teleg ram from Harry Carr,

president_________________________________________________ 90

Matson Navigation Co.:

Letter from—-

Goss, George E., president, Hawaii Council of Boat

Associations_______________________________________ 21

Jaquette, John J _____________________________________ 20

Knapp, Rear Adm. C. C., Commander, 14th Coast Guard

Distric t___________________________________________ 20

Pessel, A. J., vice p res ide nt______________________ 88

Maps of Hawaiian Islands___________________________ facing 22

Pacific American Steamship Association, le tter from John N. Thurman ,

vice preside nt---------------------------------------------------------------------- 29
RADIOTELEPHONES ON CERTAIN CARGO VESSELS IN

HAWAIIAN WATERS

W E DN ESD A Y , F E B R U A R Y 19, 19 64

H ouse of Repr ese ntatives,

Subcomm ittee on Com mu nic ations and P ower

of tiie Com mittee on I nter stat e and F oreign C ommerce,

Washington, D.C.

The subcommittee met, pursuant to notice, at 10 a.m., in room 1333, 

Longworth House Office Building, Hon. Walter Rogers (chairman 

of the subcommittee) presiding.

Mr. R ogers of Texas. The Subcommittee on Communications and 

Power will come to orde r for the consideration of pending business.

This morning the subcommittee is meeting for the consideration of 

several bills that have been introduced to accomplish the same pu rpose. One of those was H.R. 8508 introduced by myself; H.R. 8542 

introduced by Mr. Curtin, of Pennsylvania; H.R. 859i by Mr. Jarman, 

of Oklahoma; H.R. 8G02 by Mr. Friedel, of Mary land; and H.R. 8779 

by Mr. O'Brien, of New York.

The bills are identical and without objection will be included along 

with the agency reports in the hearing record at this point.

(The bills and agency reports follow:)

[H . R. 850 8, H.R. 854 2, H.R . 859 1, H.R . 860 2, H.R. 877 9, 88 th Cong., 1s t se ss.)

A B IL L To am en d se ct io n 35 0 of th e Com m un icatio ns Act of 1934, to pe rm it ca rg o sh ip s on voyages be tw een H aw ai ia n port s to carr y ra di ot el ep ho ne in lie u of ra di ote le gra ph 

in st all ati ons

li e it en ac ted by th e S enate a nd Hou se o f R ep re se nta ti ves o f th e United Sta te s

of Amer ica in Co ng ress as se mbled . T h at se ct io n 356 of th e Com m un ications Ac t 

of 1934, is a men de d to re ad a s fo ll ow s:

“Sec. 356. Cargo sh ip s of less th an on e th ousa nd six hundre d gros s to ns an d 

ca rg o ships, re gar dle ss of tonn ag e, which in th e co ur se of a voyage between 

H aw ai ia n port s do no t go mor e th an fif ty n au ti cal mile s from th e nea re st land 

may, in lie u of th e ra dio te le gra ph in st all ati on pr es cr ib ed by section 355, car ry 

a ra di ot el ep ho ne in sta ll ati o n m ee tin g th e fo llo w in g re q u ir em en ts :

“ (a ) The sh ip ’s ra dio te le ph one in st all ati on sh all be in th e up pe r p a rt of th e 

sh ip an d. un less si tu ate d on th e bridge , th ere sh al l be efficient co mm un ication 

w ith th e b rid ge.

“ (b ) Th e ra di ot el ep ho ne in st all ati on sh al l be ca pa bl e of tr ansm it ti ng and 

rece iving on th e fr eq ue nc ie s an d w ith ty pe s of em ission s des ig na te d by th e Co mmission purs uant to la w fo r th e p ur po se o f dis tr ess an d sa fe ty of na viga tio n.

“ (c ) Th e tr an sm it te r sh al l be ca pa bl e of tr an sm it ti n g cl ea rly per ce pt ib le 

si gna ls from sh ip to sh ip duri ng da ytim e, under nor m al co nd itio ns an d ci rc um ­

st an ce s, ov er a minim um norm al ra ng e of one hundre d an d fif ty nauti cal mile s.

“ (d ) The re sh al l be avail able a t al l tim es a so ur ce of en ergy su ffici en t to 

op er at e th e in st all ati on ov er th e no rm al ra nge re qui re d by para gra ph (c ). If 

b att eri es are prov ided th ey sh all ha ve suffi cien t ca pac ity to op er at e th e tr a n s ­

m it te r an d rece iv er fo r a t le ast six hours co nt in uo us ly under no rm al w ork in g 

co nd ition s. In new in st all ati ons an em erge nc y so ur ce of en ergy sh al l be pro ­

vide d in th e up pe r p a rt of th e sh ip un less th e m ai n so ur ce of en er gy is so 

si tu ate d .”
2 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

Executive Office of the President,

Bureau of the Budget, 

W as hi ng to n, D.C., Feb ru ar y 28, 196Sf.

lion . Oren Harris,

Chairman, Committee on Intersta te and, Foreign Commerce,

House of Representatives, Washington, D.C.

Dear Mr. Chairman : This is in response to your requ est for the views of the 

Bureau of the Budget on H.R. 8508, a bill to amend sectio n 350 of the Communicatio ns Act of 1934, to permit cargo ships on voyages between Haw aiian ports 

to carry radiotelephone in lieu of radiotelegraph installatio ns.

The Federal Communications Commission, in its testim ony before the Subcommittee on Communications and Power of your committee, points out that there 

has been no study of the adequacy of radiotelephony for the safety of vessels 

engaged in coastwise voyages nor of the interrelationsh ip of radiocommunications on such vessels and those on internatio nal voyages, which car ry radiotelegraph, for safe ty at sea in general. The Commission also notes the absence 

of an evaluation of the need for treating coastal shipping in Haw aiian waters 

differently from shipping in oth er coastal areas and therefore suggests th at if 

the policy requ iring radiotelegraph installatio ns on cargo ships over 1,600 tons 

is to be changed, its scope should cover shipping in all U.S. coastal waters. The 

Commission believes fu rth er th at any action in this broade r area should be 

und ertaken only aft er a complete study of the m atte r.

In the light of the above con siderations, the Bureau of the Budget is unable to 

recommend enactment of this legislation.

Sincerely yours,

Phil lip S. Hughes,

Assistant Director for Legislative Reference.

General Counsel of the Department dF Commerce,

Washington, D.C., February 18,1961/.

Hon. Oren Harris,

Chairman, Committee on Inte rsta te and Foreign Commerce,

House of Representatives,

Washington, D.C.

Dear Mr. Chairman : This lette r is in fu rth er reply to your request for the 

views of this Department with respe ct to H.R. 8508, a bill to amend section 356 

of the Communications Act of 1934 to permit cargo ships on voyages between 

Hawaiian ports to carry radiotele phone in lieu of radiotelegraph installations.

Section 356 of the Communications Act of 1934 (herein after refe rred to as 

the “act ”) (47 U.S.C. 354a) presently provides th at all cargo vessels of less 

than 1,600 gross tons may, in lieu of the radiote legraph installatio n 

requ ired by section 355 (47 U.S.C. 354) of the act, carry a radiotelephone installation meeting certain enumerated specifications contained in section 356. 

The proposed legislation would allow the sam e option for all cargo vessels, reg ard ­

less of the ir tonnage, which in the course of a voyage between Haw aiian ports 

do not go more than 50 nautical miles from the nea rest land.

Inasmuch as the subject matter is with in the jurisdiction of the Federal Commun ications Commission and the T reasury Department (th e U.S. Coast Gu ard ), 

we would leave to those agencies the recommendation as to whether the bill 

should be enacted.

The Bureau of the Budget has advised there would be no objection to the submission of this repo rt from the stan dpo int of the adm inistration’s program. 

Sincerely,

Lawrence J ones,

Acting General Counsel.
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 3

Departm en t of th e Navy,

Off ice of t h e Secretary,

Off ic e of L egisl ative Aff air s, 

Washington, D.C., February 18,1961/.

Hon. Oren Harris,

Chairman, Committee on In ter sta te and Foreign Commerce,

House of Representatives,

Washington, D.C.

My Dear Mr. Cha ir man : Your request for comment on II.R. 8508, a bill to 

amend section 356 of tlie Communications Act of 1934, to permit cargo ships 

on voyages between Hawaiian ports to carry radiotelephone in lieu of radiotelegraph installations, has been assigned to this Department by the Secretary 

of Defense for the preparation of a report thereon expressing the views of the 

Department of Defense.

The bill would permit cargo ships of less than 1,600 gross tons and all other 

cargo ships proceedings between Hawaiian ports to ca rry radiotelephone, meeting standards of usability stated in the bill, in lieu of radiotelegraph.

The Department of the Navy, on behalf of the Department of Defense, defers 

to other more interested agencies.

This report has been coordinated within the Department of Defense in accordance with procedures prescribed by the Secretary of Defense.

The Bureau of the Budget advises that, from the standpoint of the administrat ion’s program, there is no objection to the presentation of this proposal 

for the consideration of the Congress.

For the Secretary of the Na vy:

Sincerely yours,

C. R. R ear, Jr.,

Captain, U.8. Navy, Deputy Chief.

T he Genera l Cou nsel of th e T reasury,

Washington, D.C., February 19,1961/.

Hon. Oren H arris,

Chairman, Committee on Interst ate and Foreign Commerce, House of Represen tatives, Washington, D.C.

Dear Mr. C ha ir m an : Reference is made to your request for the comments of 

this Department on H.R. 8508, to amend section 356 of the Communications Act 

of 1934, to permit cargo ships on voyages between Hawaiian ports to carry radiotelephone in lieu of radiotelegraph installations.

Under section 356 of the Communications Act of 1934 (47 U.S.C. 354a), cargo 

ships of under 1.600 gross tons may carry a radiotelephone installation meeting 

certain requirements in lieu of the radiotelegraph installation prescribed by 

section 355 of the Communications Act (47 U.S.C. 354). The proposed bill would 

provide this same option for all cargo ships which operate between ports in the 

Hawaiian Islands and do not go more than 50 miles from land during their 

voyage.

Since the substitution of radiotelephone for radiotelegraph equipment on the 

specified vessels would have no appreciable adverse effect on marine safety, this 

Department would have no objection to enactment of the proposed bill. IVe are 

not aware, however, of any factors which require operations between Hawaiian 

ports to be treated differently from operations between other coastwise ports 

where vessels stay within the same range of land. As to this and other aspects, 

therefore, we defer to the views of the Federal Communications Commission.

The Department has been advised by the Bureau of the budget tha t there is 

no objection from the standpoint of the administration’s program to the submission of this report to your committee.

Sincerely yours,

G. d’Andelot Belin , Gen eral Co un sel.

Air. R ogers of Texas. I do not want to take a great deal of time to 

elaborate on the provisions of the bills. Suffice it to say tha t the bills 

deal with the general problem of safety at sea and the particu lar 

problem of whether certain cargo ships traveling between Hawaiian 

ports shall be authorized to have on board radiotelephone installations 

in lieu of radiotelegraph installations.
4 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

The legislation is a result of a proceeding conducted by the Federal 

Communications Commission pursu ant to section 352(b) of the Communications Act of 1934. This section authorizes the Commission to 

waive the requirement of radiotelegraph installations under certain 

circumstances.

The Commission held that the circumstances did not warrant a 

waiver and that the matter was largely a question of congressional 

policy.

The witnesses who will appear on behalf of the Commission and the 

interested parties undoubtedly will present for the record a detailed 

history of the background of this legislation, and therefore I shall call 

to the witness stand—before we do that, let me first call to the witness 

stand in keeping with the traditions of the subcommittee, the Members 

of Congress interested. I believe Air. Friedel of Maryland, the author 

of one of the bills, will be recognized first.

Air. Friedel?

STATEMENT OF HON. SAMUEL N. FRIEDEL, A REPRESENTATIVE 

IN CONGRESS FROM THE STATE OF MARYLAND

Air. Friedel. Air. Chairman and members of the committee, I am 

glad to have an opportunity to appear before your subcommittee this 

morning to say a few words in support of my bill, II.R. 8602, and a 

companion bill, II.R. 8508, to amend the Federal Communications Act.

As this law is presently written, it reflects the judgment of the 

Congress some 25 years ago in favor of radiotelegraph as a means of 

communication in emergencies for ships on coastwise voyages as well 

as those on international voyages. Aly bill will change that judgment with respect to coastwise voyages in the Hawaiian Islands. It 

provides tha t cargo vessels in excess of 1,600 tons may have radiotelephones aboard instead of radiotelegraph when they are on voyages 

between the Hawaiian ports which do not take the ships more than 50 

miles from land.

The development of radiotelephones during and since World War II, 

clearly makes this a bette r means of communication than radiotelegraph in an emergency when there is no question that radiotelephone 

contact can lie made because it allows communication by voice.

In Hawaiian waters, radiotelephone contact on a 24-hour basis is 

assured because of Coast Guard and commercial installations spread 

out over the islands.

From the standpoint of safety, there is no doubt that radiotelephone 

communication is more efficient than radiotelegraph if ships are within 

50 miles of land.

It is my understanding that the Federal Communications Commission has no objection to revising the present law as provided in my bill 

and I trus t this subcommittee will take favorable action on it. This 

is simply a question of bringing an old law up to date to meet the 

requirements of modern vessels.

Air. Rogers of Texas. Thank you, Air. Friedel. Air. AIoss, do you 

have any questions?

Air. Moss. No questions, Air. Chairman.

Air. Rogers of Texas. Air. Brovhill ?

Air. Brovhill of North Carolina. No questions.
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 5

Mr. R ogers of Texas. Mr. Ko rnegay?

Mr. Kornegay. No que stio ns, Mr. Ch airma n.

Mr. R ogers of Texas. Tha nk you, Mr. Friede l, fo r yo ur statem ent.

Mr. F riedel. It is brief. I un derst and it will be ela bo rat ed on by 

othe r witnesses because I have to run to an othe r com mittee. Th an k 

you very much.

Mr. Rogers of Texas. Tha nk you very much fo r yo ur statem ent. 

Th e Cha ir will now reco gnize Mr. Jarm an .

STATEMENT OF HON. JOHN JARMAN, A REPRESENTATIVE IN 

CONGRESS FROM THE STATE OF OKLAHOMA

Mr. J arman. Mr. Cha irm an , as you have ind icated, I introd uce d an 

ide ntical bill to H.R. 8508, a nd I want to th an k the chair ma n and the 

sub com mittee fo r gi ving early con sideration to these bills. Mr. Ch air man, th e Comm unications Ac t o f 1934 requir es car go ves­ sels over 1,600 tons to have r ad iotelegrap h aboard fo r comm unic ations. H.R. 8508, now pend ing in th e House of R epresentative s, would amend the Comm unications A ct to permit the use of ra dio telephone in stead of radioteleg raph aboar d such vessels when they are on voyages between Ha waiian po rts th at do no t tak e the ships more th an 50 miles from 

lan d. I su pp ort t his a me ndme nt because I am satisfied th at radiotelephone is bette r th an radioteleg raph fo r comm unic ations purp ose s in H aw aii an 

waters . More th an 25 ye ars hav e e lapsed since the Comm unications Act pr o­ visions were enacted. In th is time, rad iotelephone has become almost the exclusive m eans of co mm unication s hip to shore a nd between s hip s in Haw aiian waters . Moreov er, the Coa st Gu ard and the Ha wa iia n Telep hone Co., main tain facil ities which assu re conta ct by radiotele ­ phone on the distress frequency any where in Haw aiian waters on a 

24-ho ur-a-d ay basis. Ex perience over the ye ars has established the fac t th at , where con­ tac t is a ssured, rad iot ele phone is be tte r than radioteleg raph as a com­ mu nic ations system fo r safety purposes aboard ship because it saves time. Th at is why i t s hould be sanctio ned f or use on all cargo vessels in Ha wa iia n waters on voyages betw een Ha waiian ports. H.R. 8508 will 

do th is.

Th an k you.

Mr. R ogers of Tex as. Tha nk you, Mr. Jar m an .

Mr. Moss, any question s ?

Mr. Moss. No que stions.

Mr. R ogers of Texa s. Mr. B roy hill ?

Mr. Broyhill of N or th Ca rolina . No questions.

Mr. R ogers of Te xas. Mr. K ornegay ?

Mr. K ornegay. No questions.

Mr. Rogers of Texas. Mr. Ja rm an , one question. Have you giv en 

an y thou gh t to the extens ion o f t his ex emption— an d I know you hav e giv en quite a lot of th ou gh t to this—o f tr ip s to othe r areas, say alo ng 

the west coast, ra th er th an confining it to Ha waiian waters?

Mr. J arman. The backgro und I have, Mr. Ch airm an , is main ly in 

term s of the need in th e H aw aiian a rea bu t I wou ld t hi nk certai nly th at it wou ld follow th at ships op erating wi thin the ind ica ted area from
6 RADIOTELEPHO NES ON CER TAIN CARGO VESSELS

shores in o the r w aters would logically be able to use t he radiotelephone 

more effectively.

Mr. R ogers of Tex as. Tha nk you.

Mr. Kornegay. Mr. Ch airm an , let me ask a q uestion since y ou gave 

me the op po rtu nity a mi nute ago. Tha t is, M r. Ja rm an , wheth er or 

not the ship would be mo re th an 50 n autic al miles fro m the nea rest 

lan d at any time in cru ising i n and aro und the Haw aiian Islands.

Mr. J arman. Dis tance fro m any one o f th e islands ?

Mr. Kornegay. Yes. In othe r words, going fro m the Isl an d of 

Ha wa ii to the Isla nd of O ahu.

Mr. J arman. The island chain , of course, is much lon ger than 50 

miles, bu t a ship would be with in 50 miles o f one of th e islands.

Mr. Kornegay. Of o ne of th e islands a t any p oint in th e islands.

Mr. J arman. Th at is my u nd ersta nd ing .

Mr. Kornegay. In othe r words, then, throug ho ut the whole State 

of Haw aii and the su rro un ding waters , the tele phone would be used 

ra th er t ha n the tele graph.

Mr. J arman. Yes. That is my u nders tan din g.

Mr. Kornegay. Tha nk you.

Mr. R ogers of Texas. Tha nk you.

Mr. J arman. Th ank you, Mr. Chairm an.

Mr. Rogers of Texas. Th e nex t witn ess is ou r colleague on the full 

committee, the H onora ble W illa rd S. Cu rti n. Mr. Cu rtin, we will be 

gla d to h ear you a t th is tim e.

STATEMENT OF HON. WILLARD S. CURTIN, A R EPRE SENTATIVE IN 

CONGRESS FROM TH E STATE OF PENNSYLVANIA

Mr. Curtin . Mr. Cha irm an and mem bers of the subc omm ittee, I 

ap pe ar before you tod ay in su pp ort of II.R . 8542, as well as the fou r 

hills introd uced by my coll eagues on this same sub ject and presently 

pe nd ing before this subcom mittee. I feel th at the leg islation encompassed in these bills is ce rta inly w orthy of ve ry prom pt an d affirmative 

action.

As you know , II.R. 8542 will ame nd the Comm unications Ac t of 

1934 to pe rm it all car go vessels, on a voya ge between Ha wa iia n ports 

on which the ship s do not go more th an 50 miles fro m lan d, to carry 

rad iot ele phone aboard in ste ad of ra diotele graph to use as a saf ety commu nic ations system.

Sin ce the ado ption of the s afe ty- at-sea pro vision s of the Com munications Ac t more than 25 ye ar s ago, when rad iot ele phone was in its 

inf ancy, we have had tim e to lea rn th at rad iotele phone is bette r tha n 

rad iotel eg raph fo r safe ty com municatio ns in circu mstances where contact. by rad iotelepho ne is ass ure d, because voice com municatio n saves 

time and allow s a be tte r control of the sit uatio n. In 1954 Un ited 

State s and Canad a ad op ted radiotelephone as th e safety com mun ications system on the G reat Lakes, an d this syste m has prov ed to be successful. The com municatio ns system used in the air is by rad iotele ­

phone.

In H aw aii an waters, wh ere the radiotelephone frequen cies are mo nitor ed 24 hou rs a day by the Coast Gu ard an d the telephone company 

and whe re rad iotelepho ne ha s alm ost com pletely rep lac ed rad iotele ­

grap h fo r normal com municatio n between ships and ship to shore, 

it is tim e we recognized the fac t in the law th at rad iotele phone makes
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 7

the better safety system in these waters, and that is what the amendment will do. There would seem to be no reason why this safety measure could not be used now for ships in Hawaiian waters. In the event tha t a need should exist for such service in other coastal waters, it would seem to me that this would be a matter for legislation to be con­ sidered at tha t time. At present, however, I would respectfully 

request favorable action on this legislation at this time.

Thank you very much for y our attention.

Mr. R ogers of Texas. Are there any questions? If not, we appreciate your appearance and testimony, Mr. Curtin.

Mr. Curtin. Thank you, Mr. Chairman.

Mr. R ogers of Texas. Our next witness is the Honorable Robert T. Bartley, Commissioner, Federal Communications Commission. Com­ missioner Bartley, it is nice to have you before the subcommittee.

Mr. Bartley. Thank you, Mr. Chairman. I have with me today 

members of the staff. I will give the names of the staff members to the reporter. If I need any background, I will call on them.

Mr. Rogers of Texas. Fine.

STATEMENT OF ROBERT T. BARTLEY, COMMISSIONER, FEDERAL

COMMUNICATIONS COMMISSION; ACCOMPANIED BY GERARD M.

CAHILL, ASSOCIATE GENERAL COUNSEL; IRV ING BROWNSTEIN,

ASSISTANT CHIEF, SAFETY AND SPECIAL RADIO SERVICES BUREA U; EVERETT HENRY, CHIEF, MAR INE DIVISION ; HAROLD

WOODYARD, CHIE F, SAFETY FA CILITIE S BRANCH, MARINE D IV ISION; AND JOHN D. HARDY, ATTORNEY, GENERAL COUNSEL’S

OFFICE

Mr. Bartley. Mr. Cahill, Mr. Brownstein, Mr. Henry, Mr. Woodyard, and Mr. Hardy. I have a prepared statement, Mr. Chairman, if you will permit 

me to read it.

Mr. Rogers of Texas. You may proceed, Mr. Bartley.

Mr. Bartley. The Commission has asked me to present its statement and to testify for it on identical bills H.R. 8508, 8542, 8591, 8602, and 8779 introduced by Congressmen Walter Rogers, Curtin, Jarman, Friedel, and O’Brien of New York. These bills would amend section 356 of the Communications Act of 1934, as amended, to permit cargo ships, regardless of tonnage, on voyages between Hawaiian ports to carry radiotelephone in lieu of radiotelegraph 

installations. Title II I, part II , of the Communications Act (secs. 351 and 355) provides, among other things, tha t any U.S. cargo ship over 500 gross tons, which is navigated in the open sea outside of a harbor or port, must be equipped with an efficient radio installation operated by a qualified operator or operators. In addition, that part (sec. 356) also provides tha t cargo ships of less than 1,600 gross tons may, in lieu of a radiotelegraph installation, carry a radiotelephone installation. The Commission now has the statutory authority under section 352(b) (2) to grant such an exemption to any cargo ship over 1,600
8 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

gross tons which in the course of its voyage does not go more than 

150 nautical miles from the nearest land, provided the Commission 

considers such a radio installation unreasonable or unnecessary for 

the safety of life and property purposes. It appears, therefore, 

that the principal effect of these bills would be categorically to 

exempt from the radiotelegraph requirements of sections 351 and 355 

all cargo vessels which ply the waters between the Hawaiian ports 

and do not go more than 50 nautical miles from the nearest island. 

They woud be required, however, to be equipped with radiotelephone 

installations.

As recently as .Tune 1963, the Commission considered the very 

problem with which these bills are concerned. We are submitting 

for the record copies of our repo rt and order and our memorandum 

opinion and order in this proceeding.

(The documents referred to follo w:)

B ef ore th e

FEDERAL CO MMUN ICAT IO NS CO MMISSION 

W as hi ng to n, D.C.

FC C 63-211 

31298

I n th e Matter of Appl ica tio n for E xemption F rom th e R adioteleg raph

P rovisio ns of Title II I, P art II of th e Com mu nica tio ns Act of 1934, as

Amended, F iled in Beh al f of a P roposed United Stat es Cargo Ves se l W he n

Navigated in th e Open Sea

RE PO RT A N D ORDER

By th e C om m issi on :

1. The Co mmiss ion is in re ce ip t of an ap pl ic at io n (F il e No. X -7 22 ) filed by 

Matson N av ig at io n Co mp any, 215 M ark et Stree t, Sa n Fra nc is co 5, Cal ifor ni a, 

fo r ex em pt io n from th e ra dio te le gra ph re qu irem en ts of T it le II I, P a rt II of 

th e Com m un ications Ac t of 1934, as am en de d, in be ha lf of a pr op os ed United 

S ta te s ca rg o ve ssel to be oper at ed in th e H aw ai ia n in te ri sl and serv ice .

2. The ap plica tion st at es th a t th e prop os ed ca rg o vessel wi ll be of ap pr ox im at el y 2900 gr os s ton s, an d w ill be na vig at ed duri ng all se as on s of th e yea r 

be tw ee n Hi lo, H aw ai i an d K ahulu i, Maui, a ro ute dis ta nce of 123 m il es; 

be tw ee n K ah ulu i an d Hon olulu, Oah u, a ro ut e dis ta nce of 92 m iles ; an d 

be tw ee n Hon ol ul u an d H an am au lu , K au ai , a ro ut e dis ta nce of 95 mi les . On 

th es e vo yages, th e vessel will be nav ig at ed in th e open sea a t a m ax im um dis ­

ta nce o f 35 m ile s fro m nea re st land .

3. T it le II I, P a rt II of th e Com m un ications Ac t of 1934, as am en de d, re qu ires 

th a t ca rg o sh ip s of 1,600 gr os s to ns and up w ar d nav ig at ed in th e oi>en sea sh al l 

he eq uipp ed w ith a ra di ot el eg ra ph in st all ati on in ch ar ge of a qu alified ra di ote le gra ph oper at or. In lieu of th e re quir ed ra dio te le gra ph in st al la ti on, app licants 

pr op os es to eq ui p th e vesse l w ith tw o ra di ot el ep ho ne in st al la ti ons, on e of whic h 

w ill be m ain ta in ed as a st an dby fo r em erge nc y use. Eac h of th es e in st all ati ons 

wo uld comp ly w ith th e Com miss ion’s ru le s ap pl ic ab le to ra di ot el ep ho ne in st all atio ns re quir ed to be prov ided on U nited S ta te s ca rg o ve ss els of 500 to 1,600 g ross 

to ns su bj ec t to th e ra di ot el ep ho ne pr ov isio ns of Title III, P a rt II of th e Com ­

m un ic at io ns Act.

4. As re as on s fo r ex em pt ion from ra dio te le gra ph pr ov isions , appli cant st at es 

th a t (1) th e U.S. Coa st G ua rd m ain ta in s a high ly or ga ni ze d a ir and se a se ar ch 

an d rescue se rv ice in th e H aw aii an Is la n d s an d ha s a t it s di sp os al man y hig h 

si>eed c ra ft , (2 ) th e speed of th e pr op os ed ca rgo vessel w ill be only 11 kn ots, an d 

th is facto r wou ld l im it t he ve ssel’s a bil it y to act eff iciently in g oin g to th e aid of a 

re m ote ve ssel in dis tres s, an d (3 ) it w ill be po ssible fo r th e prop os ed ve ssel to 

co m m un icat e w ith la nd by r ad io te le ph on e at an y po in t o n it s ro ut e.

5. Se cti on 3 5 2 (b )( 2 ) of th e Com m un icat io ns Act of 1934 pr ov id es th a t th e 

Co mmiss ion may , if it co ns id er s th a t th e ro ute or th e co nd itio ns of th e vo yage 

or oth er ci rc um st an ce s are su ch as to re nder a ra di o in st all ati on un re as on ab le 

o r un ne ce ss ar y fo r th e pu rp os es of T it le III, P a rt II of sa id Act, ex em pt cargo 

sh ip s fr om th e pr ov isions of T it le III, P a rt II whe n su ch sh ip s are nav ig at ed
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 9

no t mor e th a n 15 0 n au ti cal m ile s fr om th e n eare st la nd . In as m uc h as , ac co rd ­

in g to ap pl ic an t, th e pr op os ed ve ss el w ill be nav ig at ed n ot m or e th an 35 m ile s 

fr om th e n eare st la nd on th e ab ov e- de sc rib ed vo yages, th e ve ssel come s w ithin 

th e cl as s of ve ss els w hich m ay , in so fa r as di st an ce fr om th e n ea re st la nd is co nce rn ed , be c on side re d fo r e xe m pt io n. 6. In th e ab se nc e of ex ce pt io na l ci rc um st an ce s, ra dio te le gra phy is th e re quir ed 

mo de of m ar it im e sa fe ty co m m un ic at io n fo r ca rg o ve ss el s of 1, 60 0 gr os s to ns and 

up w ar ds w hi le su ch ve ss els a re nav ig at ed in th e open se a. A pp lica nt has m ad e 

no sh ow in g th a t it w ou ld be im pra ct ic ab le fo r th e pr op os ed ve ss el to comp ly 

w ith th e co mpu lso ry ra d io te le g ra p h re qu ir em en ts of T it le I I I, P a r t II of th e 

C om m un ic at io ns A ct. The pr op os ed ve ss el w ou ld be r eg ula rl y o p er at ed in w ate rs 

th a t a re ad ja cen t to th e n orm al sh ip ro ut es pl ie d by ra dio te le gra ph eq ui pp ed 

sh ip s. T he re fo re th e pr op os ed ve ss el sh ou ld , in ac co rd an ce w it h th e pu rp os es 

of T it le II I, P a r t II of th e Ac t, be in a po sitio n to co m m un ic at e di re ct ly w ith 

su ch ra d io te le gra ph eq ui pp ed sh ip s fo r th e pu rp os e of su m m on in g ai d from or 

fu rn is h in g ai d to th em . The pro vi si on on bo ar d th e pr op os ed ve ssel of a ra d io ­

tele ph on e in st all ati o n as th e so le m ea ns of sa fe ty co m m un ic at io n wo uld no t, in 

th e li ght of th e c h ara cte r of it s vo ya ge s an d th e r oute s in vo lv ed , be an ac ce pt ab le 

su b sti tu te f o r th e ra dio te le g ra p h in sta ll ati o n re qui re d by law .

7. In vi ew of th e fo re go in g, it is co nc lude d th a t th e ci rc um st an ce s of oper ation of th e pr op os ed ve ssel do n o t w a rr a n t a fin ding by th e Co mm iss ion th a t th e 

ro ut e or co nd itio ns of th e vo ya ge s or oth er ci rc um st an ce s a re su ch as to re n d er 

a ra d io te le gra ph in st all ati o n ab o ard th e prop os ed ve ssel un re as ona bl e or un ­

ne ce ss ar y w hi le i t is nav ig at ed o n th e a bo ve -d escribed v oy age s. 8. Ac co rd ingl y, I t Is O rd er ed , T h a t th e ap pl ic at io n fo r ex em pt io n filed in be ­

h a lf of th e pr op os ed v esse l is h er eb y De nie d.

F ederal Com mun icat io ns Com m is si on , 

Ben F. Wap le, Ac tin y S ec re ta ry .

Ado pt ed : M ar ch 6, 1963.

R el ea se d : M ar ch 8 ,1 96 3.

B ef or e th e

FE D E R A L CO M M UN IC AT IO NS CO M M IS SI ON 

W as hi ng to n, D.C.

FCC 6 3 -5 19 

35 89 4

I n t h e Matte r of Req ue st for Reconsid era tion of P revio us Den ia l of E xe mptio n F rom th e R adi ote leg rap h P rov isio ns of Tit le I I I , P art II of th e

Com mu ni ca ti on s Act of 19 34 , as Amen ded, F ile d of Beh alf of a P roposed

Unit ed Stat es Cargo S h ip of Appr ox ima tel y 2, 96 0 Gross T ons Navigated

in th e Open Sea.

MEMORANDUM OPINION AND ORDER

By t he C om m is si on :

1. T he Co mm iss ion h as bef or e it fo r co ns id er at io n a pet it io n fo r re co ns id er atio n filed A pr il 5, 1963, by M at so n N av ig at io n Com pa ny (M a ts o n ), 21 5 M ar ke t 

Str ee t, Sa n Fra nc is co 5 , C al if orn ia .

2. By R ep or t an d O rd er re le as ed M ar ch 8, 1963, (F C C 6 3 -2 1 1 ), th e Co mm issio n de ni ed an ap pl ic at io n fo r ex em pt io n fr om th e ra d io te le gra ph re quir em en ts 

of T it e II I, P a rt II of th e C om m un ic at io ns Act o f 1934, as am en de d, filed by 

M at so n in be ha lf of a U ni te d S ta te s ca rg o ve ssel pr op os ed to be co ns tr uc te d fo r 

op er at io n in th e H aw aii an in te ri sl an d se rv ice . T it le I I I (P a r t II of th e Co mm un ic at io ns Ac t re quir es ca rg o sh ip s of 1, 60 0 gr os s to ns an d ov er na vig at ed in 

th e op en se a to be eq ui pp ed w it h a ra dio te le gra ph in st all ati o n in th e ch ar ge of 

a qu al ifi ed ra dio te le gra ph oper at or. The Co mm iss ion co nc lude d th a t th e c ir ­

cu m st an ce s of op er at io n of th e pr op os ed ve sse l, as se t fo rt h in th e re ques t fo r 

ex em pt io n, di d no t w a rr a n t a find in g by th e Co mm iss ion th a t th e pr op os ed ro ute 

or co nd itio ns of th e vo ya ge s or oth er ci rc um st an ce s a re su ch as to re n d er a 

ra dio te le gra ph in st all ati o n ab o ard th e prop os ed ve ss el unr ea so nab le or un ne ce ssa ry w hi le i t is n av ig at ed o n th e p ro po se d vo yages.

3. M at so n se ek s re co nsi der at io n of th e ab ov e- m en tio ne d R ep ort an d O rd er 

an d re qu es ts th a t it s ap pli ca ti on fo r ex em pt io n be g ra n te d , or in th e alt ern ati v e, 

re qu es ts th e Co mm iss ion to re op en th e pr oc ee di ng lo ok in g to w ard th a t en d if 

th e Co mm iss ion w ishe s to be fu rth e r ad vi se d in th e m att er. In su pport of it s 

pe tition , M at so n st ate s it no w su pp lies a ca rg o co nta in er se rv ic e be tw ee n Los
10 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

Angeles and San Francisco and Honolulu and it now proposes to extend this 

service to three additional islands in Hawaii. The extension in service is proposed to be furnished by an expe rimenta l, automate d, self-propelled container 

vessel. Matson furth er states a unique opportunity presents itself for the development and construction of an efficient ocean carrier of advanced design 

which can be completely operated by a total crew of four men. Such a vehicle, 

it is stated, would not only tra ns po rt containers at low cost, but would permit 

detailed evalu ation of the many new automation concepts which may later be 

employed in the larger ships of the Matson fleet. It is alleged the entire maritime industry could benefit from the development of this vessel since the techniques are not necessarily pec ulia r to Matson operations. The project, Matson 

state s, is supported by the Fede ral Maritim e Ad ministration.

4. The United States Coast Guard, in a letter date d Febru ary 8, 1963, advised 

Matson th at the minimum crew requirem ents would be the following licensed 

officers: one master, one chief mate, two third mates, one chief engineer and one 

third assis tan t engineer. The Coast Guard has previously advised Matson 

that the determination with respec t to a full-time Radio Officer would have 

to be made by this Commission.

5. Matson submits that the rou te of the proposed expe rimenta l vessel, the conditions of its voyage, and other circumstances atte nding the project are such as 

to rend er a radiotelegraph ins tal lat ion unreasonable and unnecessary. In support of this contention, Matson sta tes the self-propelled automated vessel is 

proposed to replace a contemplated tug and towed barge operation over the same 

route. The automate d vessel, it is state d, would carry at lea st the radio equipment requ ired to be aboa rd a tug in the type of operation which the barge is 

designed to replace. The proposed vessel would be equipped with two radiotelephone units for comm unications with shore stations and vessels equipped 

with sim ilar equ ipm ent; one rad io receiver continuously mon itoring 2182 kc/s 

while the vessel is at se a; and one autoalarm continuously mon itoring 500 kc/s 

while the vessel is at sea.

6. Matson states that the vessel would maintain contact w ith one of the coast 

radiotelephone stations at all poin ts of its route. While at sea, 2182 kc/s, the 

radiotelephone distress frequency, would be monitored continuously by a radio 

receiver and 500 kc/s, the radiote legraph distress frequency, would be monitored by an autoalarm receiver. It is stated this would jiermit the relay of any 

distress calls intercepted to la nd radiotelephone stations, thus a lerting the sea-air 

rescue service. It is f urther sta ted th at within the limit of its capacity to do so 

the vessel will render aid, comm unicating directly by radiotelephone or via 

shore station s when necessary.

7. Matson sta tes the proposed vessel will be at sea only 56.6 hours per week 

and if the vessel is equipped for radio telegrap hy, the operator would be required 

to be on watch only 20.5 hours per week.

8. Reference is made by Matson to the Commission’s Order dated April 1, 

1963, (FCC 63-308), which gra nte d exemption to the passenger vessel Taku

wherein the Commission said the Taku will, at any point on its route, he within 

reliable radiotelephone communication range of one or more United States Coast 

Guard radiotelephone stations w hich mainta in continuous watch on 2182 kc/s and 

within range of similarly equipped ships, public coast stations and other government coas t stations. Matson also refers to the Commission’s Order denying the 

application for exemption of the vessel Raymond J. Bus hey (23 RR 580, 582) 

wherein the Commission relied, Matson state s, in larg e pa rt upon the fac t that 

the vessel could not mainta in reliable continuous radiotelephone communication 

with coast stations.

9. Matson states that in the Raymond, J. Bus hey case th e Commission indicated 

that design and function lim itations of a vessel were highly releva nt to the issue 

of exemption. In this connection. Matson state s the proposed self-propelled vessel 

for which it seeks exemption will be of revolutionary design for a special experimental purpose, namely, to combine and to automate the functions now performed by a tug and towed co ntainer barge. The vessel is designed to be operated 

by four men. although initially the Coast Guard will require a crew of six. and 

the speed is eleven knots. Within the limits of its special design and purpose, 

Matson states, the proi>osed vessel will be able to make its fullest practicab le 

contribution to the safe ty system in the waters around Haw aii by the use of 

radiotelephone equipment.

10. Matson attempts to show th at the conditions of the voyage and other cir ­

cumstances attending the proposed vessel are such as to render a radiotele graph
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 11

in st all ati on un re as on ab le an d unne ce ss ar y by eq ua ting th e pr op os ed ve ssel to a tu g an d a ve ssel in tow . I t is to be no te d th a t n eit her a tu g under 500 g ro ss tons no r a ve ssel in tow are re quir ed to be fitted w ith a ra dio in st all ati on. B ut su ch an ar gum en t, w ith eq ua l logi c, co uld be ap plied to m an y oc ea ng oing ve ssels now fitted w ith ra dio te le gra ph in st all ati ons. Rec og nitio n of su ch co nt en tion wou ld be contr ary to th e cl ea r co ng re ss io na l in te nt of T it le III, P a rt II of th e Com­ m un ic at io ns Ac t of 1934, as am en de d, th a t ca rg o sh ip s of ov er 1000 gr os s to ns nav ig at ed in th e oi>en sea , w heth er on co as tw ise or in te rn ati o n al vo ya ge s, sh ou ld be eq uipp ed fo r part ic ip ati on in th e ra dio te le gra ph sa fe ty sy stem and co nst itute a poo l of m utu al as si st an ce who se eff ec tiv en ess wou ld be in dir ect ra ti o to th e 

nu m be r o f v essels part ic ip ati ng th er ei n. 11. In th e ab se nc e of a qu alified ra di ote le gr ap h op er at or, pr ov isio n of a ra dio ­ te le gra ph auto ala rm wou ld appear to be of li tt le va lu e an d, in some in st an ce s co uld co nc eiva bly be un de si ra bl e. T his is be ca use an un sk ille d opera to r could no t d is tinguis h be tw ee n th e a uto a la rm ’s respo nse to a bona fide a uto a la rm si gn al an d th e actu ation of th e au to ala rm du e to eq uipm en t fa il ure , m al adju st m ent or a si m ula te d au to ala rm si gn al . A fa ls e resp on se of th e auto al ar m an d a su bs eq ue nt no tif icatio n to a co as t st ati o n obvio usly could lead to an unw arr ante d an d undes ir ab le mob iliz atio n of se ar ch an d resc ue forces. 12. M at so n’s ob se rv atio ns co nc er ni ng th e m an ual w at ch by a ra dio te le gra ph opera to r as su m e th a t on ly th e m in im um w at ch re qu ired by th e ru le s wo uld be m ai nta in ed , i.e., fo r a t le ast one -tliird of ea ch da y or p ortio n of ea ch da y th a t th e vessel is na vi ga te d in th e open se a. A sin gle weekly vo ya ge is comp osed o f a 

num be r of segm en ts, po rtio ns of w hi ch fa ll on ea ch da y of th e we ek. On fo ur da ys of ea ch week th e ve ssel is a t se a fo r pe riod s in ex cess of 8 ho ur s. It wo uld appear th at, a t th e m ast er’s di sc re tion, a w at ch by oi> erator co uld be m ai nta in ed 44 of th e 56.6 ho ur s th e ve ssel is sche du led to be a t sea w it hout ex ce ed ing a w at ch of 8 ho ur s in th e aggre gate on an y one da y. In an y ev en t, a qu alifi ed oper at or wou ld be av ai la ble to dea l w ith an y ra di ot el eg ra ph d is tr ess ca ll, eit her up on be ing ale rt ed by th e auto ala rm w hile off w at ch or rece ived aura ll y while 

on w atch . 13. M at so n mak es re fe re nc e to th e ex em pt ion gra nte d th e ve ssel T aku an d 

th e fa ct th a t it s prop osed ve ssel, like th e Taku , will be ab le to m ain ta in co nt ac t 

w ith co as t st at io ns a t all poin ts on its ro ut e. Assum ing th e la tt e r to be true , M atso n fa il s to ta ke no tice of th e differen ce s in th e vo ya ge s of th e tw o vesse ls. 

The T a ku is na vig at ed solely on in la nd w ate rs a t a max im um dis ta nce of six mile s fr om th e n eare st la nd w hi le th e prop os ed ve ssel wou ld lie na vi ga te d in th e op en se a an d wo uld a t tim es be ap pr ox im at el y 35 mile s fro m th e nea re st land . T he voyages of th e tw o ve ss els a re so sign ifi ca nt ly diffe re nt th a t th e si m il ari ti es o f the tw o c as es a re n o t m ea ni ng fu l. 14. F in al ly , Matso n re fe rs to th e m att er of ex em pt ion of th e ves sel Ray m on d

J. Bus he y, an d in fe rs th a t it s pr op os ed vesse l, un like th e B ush ey, wo uld be of 

su ch a de sign th a t it s p art ic ip ati o n in th e ra dio te le gra ph sa fe ty system wo uld 

be of m in im al va lue. In th e B u sh ey case, th e Co mm iss ion sa id : “A revi ew of th e le gis la tive his to ry in co nn ec tio n w ith th e ra dio te le gra ph pr ov isio ns of T it le III. P a rt II of th e Com m un ications A ct of 1934 show s cle ar Con gr es sion al in te nt th a t sh ip s of ov er 1600 gr os s to ns navig at in g in th e open sea , w heth er on co as tw ise vo ya ge s or on in te rn ati o n al vo yages, sh ou ld const itute a pool of m utu al ass is ta nce who se effecti ve ne ss wo uld be in dir ect ra ti o to th e nu m be r of v essels p art ic ip ati n g th er ei n. I t w as e vi de nt , ho wev er, th a t minim um unif orm it y in th e ra dio eq uip m en t of th es e ve ssels w as ne ce ss ar y if th e pla n of m utu al as si st an ce w as to be ca rr ie d in to for ce. “T itle II I, P a rt II of th e Com m un icat io ns Act ex pr es sly reco gn izes th is p ri n ­ cipl e of minim um eq ui pm en t unif orm it y an d spe cifies th a t ve ss els of 1.600 gr os s to ns an d ov er m us t be unif orm ly eq uipp ed fo r part ic ip ati on in a ra dio te le gra ph sa fe ty sy ste m. Th e Co mmiss ion has co ns iste nt ly ap pl ie d th is pr in ci pl e of m in ­ im um unif orm ity to all sh ip s which are su bje ct to th e ra dio te le gra ph sa fe ty sy stem . Eac h su ch sh ip w hi ch is re gula rl y nav ig at ed in th e open se a is com­ pe lle d to mee t th es e re quir em ents so long as ci rc um st an ce s in dic at e th a t it s per m an en t part ic ip ati on in su m m on in g or re nder in g ass is ta nce wou ld be of su b sta n ti al va lu e to th e sy st em an d so lon g as in here nt siz e, spa ce, or de sign li m it ati ons di d no t re nder it s par ticip ati on pe cu liar ly im pra ct ic ab le or im ­ po ssible. Th e ne ce ss ity fo r a pr in cipl e of eq ua l tr eatm en t fo r al l su ch sh ip s si m il arl y si tu ate d is ob viou s in th e ab se nc e of any met ho d of de te rm in in g in ad va nc e which sh ip in th e sy st em mig ht a t an y give n in sta n t be re quir ed to 

give o r rece ive ass is ta nce .”
12 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

This language applies equally well to Matson’s proposed vessel. The fact 

th at the proposed vessel is o f a “revolutionary design for a special experimen tal 

purp ose’’ does not apjjear to limit its usefulness as an element in the radio ­

telegrap h safety system. Despite the alleged lim itations of a small crew and 

a si>eed of eleven knots, Matson has not made a convincing showing that the 

proposed vessel is of such a design that an exemption from the radiotele graph 

requirem ents is warranted.

15. Matson contends th at its expe rimenta tion in automation should not be 

burdened by a requirement for installing and manning a radiotele graph ins tallation. The economic c onsiderations are ever present, and the conditions in the 

insta nt case are no more persuasive tha n in previous cases where exemptions 

have been denied.

10. Accordingly, it is concluded that Matson has faile d to show that the proposed vessel could not effectively participate in the estab lished pool for the 

mutual safety of radiote legraph equipped ships or that there are exceptional 

circumstances involved herein which would warrant a depar ture from the 

Commission’s policy of adheren ce to the proven radiotelegra ph safety system 

for cargo vessels over 1,600 gross tons navigated in the open seas.

17. It appears th at applicant’s case for exemption rela tes in large measure 

to economic factors such as the expense of employing a qualified radiotele ­

graph operator, and is in rea lity a case for radiotelephony and against radioteleg raphy for the coastwise maritim e radio safety system. If the Commission 

were to gra nt the exemption, the action would have to be based upon a finding 

for a radiotelephone safety system and aga inst a radiotelegraph safety system. 

Such a finding, applied on a general basis, would be tan tam oun t to an administra tiv e reversal by the Commission of the legislative judg men t expressed in 

Title III, Pa rt II, vis., th at in the absence of exceptional circumstances radioteleg raphy is the preferred and required mode of maritime safety communication f or vessels of over 1.600 gross tons.

18. In view of the foregoing, it is ordered. Th at the Petition for Reconsideration filed by Matson Navigation Company is denied.

Federal Coif siunications Commission, 

Ben F. Waple, Acting Secretary.

Adopted : .Tune 5, 1963.

Released : Jun e 11,1963.

Before the

FEDERAL COMMUNICATIONS COMMISSION 

Washington, D.C.

FCC 64-21 

45239

I n the Matter of Application for Exception From the Radiotelegraph

Provisions of Title II I, Part II of the Communications Act of 1934, as

Amended, Filed on Behalf of the United States Cargo Ship Alaska Spruce.

2447 Gross Tons

Appearances

William F. Ragan, on behalf of J. J. Tenna nt Company: Maurice J. De Pont,

on beha lf of the Chief, Safety and Special Radio Services Bureau, Federal Communications Commission; Louis Steinberg, on behalf of the American Radio 

Association.

(Docket No. 15182)

DECISION

By a Panel of the Co mm ission :1

 Commissioners Hyde (Pan el Chairm an), 

Cox and Loevigner.

Prelim inary Stateme nt

1. This matter comes before the Commission on a petition for rehearing submitted by the applicant, J. J. Ten nant Company, following the Commission’s 

de ni al * 3

 of petitioner’s application for exemption of the petitioner's ship, Alaska

1

 47 USC 5 (d )(1 ).

3

 M em orandu m O pinion an d Ord er, Ju ne 5, 196 3 (FCC 63-5 21).
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 13

Spruce from the radiotelegraph requirements of 47 USC 351. The background of the mat ter is fully set forth in the cited Memorandum Opinion and Order and need not, therefore, be repeated. Briefly stated, Alaska Spruce is required by 

law to carry certain radiotelegraph equipment and operators while navigating in the open sea. Petitio ner had represented that, its traffic being Pacific coast­ wise and not more than 20 miles from land, requiring the prescribed equipment and operators was unreasonable or unnecessary and it was therefore entitled to 

exemption under 47 USC 3 51 (b ). 2. The Commission designated the matter for oral argument before a panel of 

Commissioners.3

 Oral argum ent was held on November 7. 1963. before Commis­ sioners Hyde (Pan el Cha irman), Cox and Loevinger. Appearances were filed and oral argument made by J. J. Tennant Company, Chief, Safety and Special Radio Services Bureau, and the American Radio Association. Supplementary briefs were filed by American Radio Association and J. J. Tennant Company.

DISC US SION

3. We have carefully reviewed the matters of record in this proceeding and are of the opinion t hat the relie f requested should be denied. The statu te mani­ fests the intention of Congress tha t virtually all ships, such as petitioner’s, of the tonnage and voyage pa tter n should carr y such radiotelegraph equipment and operators, subject to exemption upon a proper showing. It is therefore clear tha t the burden of justifying an exemption is on petitioner. 4. Petitioner’s reasons are, in our opinion, entirely economic. He has claimed tha t his competitors do not, because of the type of seagoing equipment they use, have to carry such radiotelegraph apparatus or operators and hence their ex­ penses ar e less, or, reciprocally tha t his ar e greater. But we do not believe tha t Congress, when it used the word “unreasonable” in the statute, was referring to economic burden or competitive advantage. On the contrary, all shipping could operate more cheaply with none of the many types of safety devices now used, but to state such a proposition as justification for eliminating their use 

is to refute it. 5. Petitio ner claims tha t his radiotelephone equipment is more useful in the circumstances under which he operates. If this be so, it is in his interest to carry 

and operate the same v oluntarily,4

 but such use of radiotelephony cannot justify an exemption from the m andatory use of radiotelegraphy required by the statute. It was suggested in oral argument that radiotelephony has made great strides since the adoption of the p ertinent portions of the statu te and the mandate must be reconstrued in this lig ht If this be so (and we refrai n from an opinion), Congress may wish to re-examine the statu te. But the change sought, if it be on th e basis of technical advances in radiotelephony, is of the broad scope which should be by legislation—not on a case-by-case series of exemptions. 6. Our allowances of previous exemptions were referre d to in oral arg ument (Tr. 18, et seq). Such exemptions have been granted to vessels which performed very limited open sea voyages (New York City garbage- dumping scow), were ill-adapted to rescue work (semi-permanently moored oil well drilling ship s), or which could not reasonably carry the necessary radiotele­ graph equipment (Gr eat Lakes tanker with limited fair-weather operation in the Atlanti c). Were we to adopt petitioner’s reasoning, apart from arguments concerning his economic burden, we should find it difficult, if not impossible, to avoid granting such exemptions to all coastwise shipping, a virtual nullification 

of the s tatute pro tanto. We believe th at if such a change is to be made, it should be by legislation—not our exemption process. Petitio ner has failed to justify 

his request for an exemption. Accordingly, i t is ordered, This 14th day of Janua ry, 1964, That (a ) Motions to Correct Transcript® filed by the partie s herein Are Granted; and (b) Tha t the Petition for Rehearing of J. J . Tenna nt Company, Is Denied.

F ed eral Co m m u n ic a tio n s Co m m is sio n . 

B en F . W apl e, Secretary.

Relea sed: Jan uary 14,1964.

a Orde r. Octob er 3, 1963, FC C 63 -8 92 , 28 FR 10934 .

* Th e T. J. Hoo pe r (C.C. A.-2d : 1 93 2) , 60 F. 2d 737.

5

 M otions to C or re ct T ra n sc ri p t ha ve bee n filed by th e Ch ief. Saf et y an d Sp ec ial Ra dio Se rvices Bu reau , J. J . T en n an t Co mp any, an d th e American Ra dio A ss oc iatio n.
14 RA DIOTELEPHO NES ON CER TAI N CARGO VESSELS

Mr. Bartley. Matson Na vig ati on Co. filed for an exemption un der 

section 352(b) (2) of the Co mm unications Act fro m t he ra dio telegrap h 

requirem ents o f title I II, p art I I of the C ommu nicatio ns Act, in behalf 

of a proposed U.S. car go vessel to he op era ted in the Ha wa iia n in terisla nd service.

The Comm ission den ied th e appli catio n fo r ex em ption by r ep ort an d 

or de r ado pted Ma rch 6, 1963 (F CC 63- 211 ). Th erea fte r, on Ju ne 5, 

1963, it denied a petition fo r rec onsidera tion of th at repo rt and orde r 

(F CC 63-519) and in so d oing sa id :

Su ch a fin din g (f o r a ra di ote le pho ne sa fe ty sy stem an d ag ain st a ra dio te le ­

gra ph sa fe ty sy stem ) ap pl ie d on a ge ne ra l ba sis, wou ld be ta nta m ount to an 

adm in is tr ati ve re ver sa l by th e Co mm iss ion of th e le gi sl at iv e ju dg m en t ex pr es se d 

in ti tl e II I. p a rt II , viz., th a t in th e ab senc e of ex ce pt io na l ci rc um stan ce s ra dio ­

te le gr ap hy is th e pre fe rr ed an d re quir ed m ode o f m ar itim e sa fe ty co mmun ica tio n 

fo r ve ssels of o ve r 1.600 gr os s to ns .

In 1936 the Un ite d St ates ratifie d the 1929 Sa fety of Life at Sea 

Con vention , which estab lished minim um sta nd ar ds for vessels on 

internationa l voyages. P a rt II, tit le I I I of the Com municatio ns Ac t 

was firs t enacted in 1937 (P ub lic Law 97, 75th Cong., 1st sess., 

50 S ta t. 192). Th e do minan t congres sional purpo se beh ind t his legislatio n was to pro mote to th e hig hest level the safet y of life and 

pr op erty on the high seas b y enfor cin g c ert ain requireme nts as to rad io 

ap pa ra tu s and rad io op erato rs. The effect of this legisla tion was to 

ap ply the same sta nd ards to all U .S. vessels over 1,600 gross tons with 

no dis tin ction being ma de between coastwise an d inter na tio na l voyages. (S. Kept, 196, 75th Cong., 1st sess., p. 2; H. Kept. 686, 75th 

Cong., 1st sess., pp. 2-3.)

Th e main reason fo r congres sion al ref usal to make a dis tinction 

betw een carg o vessels m ak ing coastwise voyages an d inter natio na l 

voyages was th at radio tel eg raph wou ld be necessa ry not only to 

enable the pa rti cu lar vessel to obtain assistance in case of emergency, 

bu t also to receive distress messages from, a nd to rend er assistance to, 

othe r vessels which ca rry rad iotelegrap h (see H . Kept. 686,75th Cong ., 

su p ra ).

Thi s princ iple th at all vessels over 1,600 gross ton s shou ld be un iform ly equippe d fo r pa rti cipa tio n in a radioteleg raph safety system 

has been gen erally ap plied by the Comm ission. As we said in the 

me mo ran dum opinion an d or de r released Ju ly 27, 1962, in the Bu shey

ca se :

* * * Eac h such sh ip which is re gul ar ly nav ig at ed in th e open sea is com ­

pe lle d to mee t th es e re quir em en ts so lon g as ci rc um st an ce s in dic at e th a t it s perm an en t part ic ip at io n in su m mon in g or re nder in g ass is ta nce wo uld be of 

su bst anti al va lu e to th e sy st em an d so long as in here nt siz e, spa ce, or de sign 

lim it ati ons did no t re nder it s part ic ip at io n pec ul ia rly im pr ac tica ble or im po ssib le. T he ne ce ss ity fo r a pri nci ple of eq ua l tr eatm en t fo r all such sh ips simila rl y si tu ate d is ob vio us in th e ab senc e of an y metho d of de te rm in in g in ad va nc e 

which sh ip in th e sy stem m ig ht a t a ny giv en in sta n t be re quir ed to g ive or rece ive 

ass is ta nce (FCC 6 2-82 1) .

It may be th at dev elopm ents in rad iotele phone equ ipm ent and use 

techniques hav e alt ere d safety com municatio n requirements since 

adoption of title I II , part I I o f the Comm unications Act.

Radio teleph onv is now recognized by the In te rn at io na l Con vention 

fo r t he S afe ty of Life at Sea as an ap pr op riate safety com mun ication 

system fo r carg o ships of 500 to 1,600 gross tons when navig ate d 

on inter natio na l voyages, and by tit le III, par t I I of the Communi-
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 15

cations Act for such ships when navigated in the open sea. Even 

greater recognition is accorded to maritime telephony by Canada, 

which requires cargo ships of 500 to 5,000 gross tons to be fitted with 

two 3-megacycle radiotelephone installations, capable of at least 50 

watts antenna power, when such ships are navigated on any voyage, 

other than an international voyage, on the seacoasts of Canada. Cargo 

ships of 5,000 gross tons and upwards navigated on any voyage of not 

more than 200 nautical miles from one place to another place on 

the seacoasts of Canada may elect to install either radiotelephone 

equipment or radiotelegraph equipment. Canadian rules appear to 

indicate also that despite the requirements of the Safety of Life at 

Sea Convention, cargo ships of 1,600 to 5,000 gross tons engaged on 

international voyages are also given this option, provided they do not 

go more than 100 miles from the nearest land.

While it may be tha t the strides made by radiotelephony warrant 

reconsideration of communication safety requirements, particularly 

with respect to ships operating near the coast, such a basic change, 

we feel, should be by legislation rather than effectuated through administrative exemption to a clearly established congressional policy 

(In the Matter of Alaska Spruce, Docket No. 15182, 36 FCC, pp. 

62-63).

In any event, the Commission recommends against the approach 

of these bills, limited as they are to ships operating in Hawaiian 

waters, in the absence of an evaluation of the existence, extent, and 

significance of any differences between that area and other coastal 

areas. And if the policy is to be generally changed, its scope should 

include a consideration of operations in all our coastal waters and an 

inquiry as to the adequacy of radiotelephony for the safety of vessels 

engaged in coastwise voyages as well as the interrelationship, if any, of 

radiocommunications on such vessels and those on international voyages, which carry radiotelegraph, for safety at sea in general.

Any action in this broader area should be undertaken only afte r a 

complete study of the matter, and the Commission recommends th at 

final action on H.R. 8508 and similar bills be withheld pending the 

outcome of such an overall study. If the Congress feels it is warranted, the Commission would be happy to cooperate fully in any 

congressional study of the matter, or to undertake such a study solely 

or in conjunction with other appropriate Government agencies.

In the meantime, however, only those vessels which are able to make 

a proper showing under the provisions of section 352(b) of the act, 

would be exempted from the requirement of carrying radiotelegraph 

equipment and radiotelegraph operators and, as has been previously 

indicated, such exemptions are granted only under exceptional 

circumstances.

The Budget Bureau advises, Mr. Chairman, tha t from the standpoint of the administration’s program, there is no objection to the 

submission of this statement.

Mr. Rogers of Texas. Thank you, Commissioner Bartley, for a concise and excellent statement.

Mr. Moss, do you have any questions?

Mr. Moss. Not at the moment, Mr. Chairman.

Mr. R ogers of Texas. Mr. Cunningham ?

Mr. Cunningham. No, sir.
16 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

Mr. Rogers of Tex as. Mr. Ko rnegay ?

Mr. Kornegay. No. Ju st than k you, M r. Ba rtl ey , fo r a pa pe r th at 

certa inly e nlighten s me on the s ubject m atter.

Mr. Rogers of T exas. Mr. Broyhill?

Mr. Broyhill of N or th Carolina . No questions, sir.

Mr. Rogers o f T exas. Mr. Ba rtley , in yo ur studies, i n y ou r o pinion, 

on this pa rti cu lar que stio n, whi ch is the saf est, the radiotele graph, or 

the radiotelephone (

Mr. Bartley. I do n’t th in k there is one answer to th at question. 

Sh ips coming in, in tern ationa l ships com ing in to an area are req uir ed 

to hav e r adiotel egrap h, an d even on coastwise voyag es whe re the ship, 

the pa rticul ar ship inv olv ed, say, it is a teleph one -equipped ship, it 

may be perf ectly s afe from it s sta ndpoint , if i t can get into communication wi th the forei gn ship. Th is may be done as the y propose here 

in Ha wa ii, what we call a crossover metho d, whe reby the sh ip th at ha s 

rad iotelegrap h only could undoubted ly ge t in tou ch with the Coa st 

Gu ard, and the Coast G ua rd would the n get in tou ch with the oth er 

ship, bu t it wo uldn 't be a dir ect com municatio n with th at ship. So 

there is a n eleme nt of ad ditio na l risk, bu t how substan tia l it is I don’t 

know.

I th in k generally speakin g, you will find th at mo st accidents occur 

reason ably close, wi thin a few miles o f shore, so th at from th at stan dpo int it m ay be th at the re is an edge on th at side fo r rad iot ele gra ph.

On the oth er ha nd , the rad iotele phone give s you muc h be tte r comma nd of th e situatio n. I f y ou have telepho ne on th e bridge, you have 

go t a master who can ta lk dir ectly with an oth er master and get out 

of situa tions. May be b oth are be tte r tha n one.

Mr. Rogers of Tex as. We ll, at th at point, are many of the ship s 

equ ipp ed with both ?

Mr. Bartley. Yes, sir . I wou ld say —well, I don’t know abo ut 

“m any.” But a gr ea t n um ber are, yes, sir. All the ships, fo r e xample, 

th at ply the Gr ea t La kes coming from foreign po rts have tel egrap h 

and, when they get to Mo ntreal, if they do n't have telephone, they 

must pu t it on in or de r to n aviga te the Gr ea t Lak es. The y have had 

very good success t here.

Th ere is one othe r little matt er th at need s to be studie d here, and 

th is is one th at comes up in all i nterna tio na l con vention s with respect 

to radiotelephone, an d it is called the lan gu age ba rri er. Te leg rap h, 

of course, is an intern ationa l language , and yo ur code tells you what 

is being said , bu t in voice com municatio n, we even hav e a lit tle difficulty between the Yankees and So uthe rners sometimes.

Mr. Rogers o f Texas. Yes. More besides voice.

Mr. Com missioner, have you gran ted exe mptions in oth er cases?

Mr. B artley. Th ere h ave been v ery, very few exemption s a nd those 

only in w hat we call protec ted waters. I believe, Mr. Woodyard , isn t 

th at ------

Mr. Woodyard. On ly in pro tected wa ter s on regu lar voyages. We 

hav e gra nte d, none on re gu lar con tinuou s coastwise voyages outside , 

bu t we have in two instan ces gran ted the m fo r pa rt of th e year fo r a 

few trip s on the ea st coas t where the vessels were especially design ed to 

go throug h the N ew Yo rk barge c anal, and it was very difficult to i nsta ll telegrap h, pr ac tic ally impossible.

Mr. Bartly. Th ere ha ve been very, very few exemptions.
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 17

Mr. Rogers of Texas. Well, now, in grantin g those exemptions, what elements are necessary insofar as the Commission is concerned 

in order to j ustify an exemption ?

Mr. Bartley. We have granted none which go into the open sea, except in the case of a garbage dump barge in New York City, which we felt was of no value to other ships a t all in case of their distress— 

any other—Mr. Woodyard?

Mr. AVoodyard. The two that I spoke of, one of which went along the east coast between New York and Philadelphia once a year. It ordinarily would run through the New York State barge canal, and then it made a trip down to Philadelphia about once a year. This had no superstructure at all, and it was built this way in order to get through the canal. It couldn’t put on masts or have any radio 

station in the upper pa rt of the ship. The other was a similar ship tha t ran on the east coast for part of the year, a few trips. There were also design problems there. Also those ships didn ’t run regularly. If the weather was bad they stayed in, and they stayed in close to shore. They were flat-like 

barges.

Mr. Rogers of Texas. Is that the only exemptions that have been 

allowed in the last 10 years, we will say ?

Mr. Woodyard. That is since 1938. One of those was in 1938 and the other one was several years ago. None are in effect now outside of the ships that go just in and out of the harbor like this garbage dump vessel that Commissioner Bartley was talking about. It just goes out a little beyond the lightship for an hour or so and then comes 

back into New York harbor.

Mr. Rogers of Texas. There is something in my mind about some 

difficulties that arose with regard to the Thresher submarine incident 

tha t brought into conflict the situation here on radiotelephone and telegraph. Are you familiar with that, Mr. Commissioner ?

Mr. Bartley. I am not familiar with it, Mr. Chairman. And I doubt if we are—the Coast Guard I think could probably give you more 

information on that than we can.

Mr. Rogers of Texas. Now, suppose this measure was adopted. Would that relieve the present ships using radiotelegraph of carrying 

an extra man, a telegraph operator *

Mr. Bartley. They have to have a qualified operator, but they are not the same—the qualifications are not the same for radio telegraph 

and radio telephone operator.

Mr. Rogers of Texas. One has to be a telegraph operator. The 

other one might have to be an interpreter.

Mr. Bartley. It helps. Actually he can, I believe, serve in two ca­ pacities. I don’t think tha t the radiotelephone operator license neces­ sarily has to be exclusive, the job has to be exclusive to that. I think 

he can be-----

Mr. Rogers of Texas. One man can be both.

Mr. Bartley. Or another member of the crew.

Mr. Rogers of Texas. But in other words, this legislation wouldn’t put radiotelegraphers out of a job unless they happened to have their activities confined solely to knowledge of telegraphy.

Mr. Bartley. Well, I think tha t would depend on what the contracts are. I don’t know.
18 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

Air. Rogers of Texas. Now, let me ask this, Mr. Bartley. Do you 

have any idea about the cost of telephone as opposed to telegraph?

Mr. Bartley. They are pretty much equivalent, I would say, equipmentwise. Telegraph is higher by a factor of 2 or 3. Something like 

that.

Mr. Woodyard. Tha t is right.

Mr. Bartley. I don’t think that-----

Mr. Woodyard. Just roughly the order would be perhaps $10,000 

against $1,500 or something like that, or $1,000. That is, telegraph 

would be the higher.

Mr. Rogers of Texas. Telegraph would be the higher.

Mr. Woodyard. Yes. In th e order of 10 to 1 almost.

Mr. Rogers of Texas. Now, the thing th at I had in mind, if you required them to carry both, you wouldn’t have a double cost there.

Mr. Bartley. Well, as he said, the telephone equipment is less. I 

think primarily it is—the big cost is in personnel.

Mr. Rogers of Texas. Yes. Now, is part of the telegraph equipment 

used in the telephone ? Pa rt ?

Air. Bartley. No.

Mr. Rogers of Texas. Two separate and distinct operations?

Mr. Bartley. That is right.

Air. Rogers of Texas. Thank you very much, Mr. Commissioner.

Any other members have any questions? Thank you, Mr. Commissioner.

Air. Bartley. Thank you. I think if I may be excused, we have 

got a Commission meeting going on, and some of the people I might 

leave here to hrin<r me up to date.

Air. Rogers of Texas. Yes. We thank you for your testimony.

Our next witness will be Air. James Brown and Capt. R. J. AIcKenzie, operations superintendent of the Alarine Division of Matson 

Navigation Co.

Captain McKenzie, you and Air. Brown may come forward.

Did you both have separate statements ?

Captain AIcKenzie. Yes. we do.

Air. Rogers of Texas. Suppose you give yours first, then, and Air. 

Brown can just pull a chair up there where it will be convenient.

STATEMENT OF CAPT. R. J. McKENZIE, OPERATIONS SUPERINTENDENT, MARINE DIVISION, MATSON NAVIGATION CO.; ACCOMPAN IED BY JAMES BROWN; HENRY G. FISCHER, ATTORNEY FOR

MATSON NAVIGATION CO.; AND P. J. PESSEL, VICE PRESIDENT,

MATSON LINES

Captain AIcKenzie. Thank you, Air. Chairman.

I am Capt. R. J. AIcKenzie, marine operations superintendent, 

Alatson Navigation Co., 79 South Nimitz Highway, Honolulu, 

Hawaii. I have been in the employ of Alatson Navigation Co. for 

the p ast 25 years, serving as a deck officer and master of various ships 

until I came ashore to my present position of marine operations 

superintendent in the Hawaiian Islands 7 years ago. I appreciate 

the opportunity you have given me to testify here today.

The Communications Act of 1934 now prescribes radiotelegraph as 

the safety communications system aboard cargo vessels in excess of
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 19

1,600 tons. II.R. 8508 would amend the Communications Act to per­ mit the use of a radiotelephone safety communications system on voy­ ages of such vessels between Hawaiian ports where the ships do not go more tha n 50 miles from land. I am here to recommend the adop­ tion of the bill because a radiotelephone safety communications sys­ tem today is better in Hawaii than a radiotelegraph system. Furthermore, the considerations favoring the passage of the bill have a precedent in the agreement between United States and Canada which in 1954 adopted radiotelephone as the safety communications 

system for ships on the Great Lakes. Where contact is assured, radiotelephone is better for safety com­ munications purposes than radiotelegraph because it permits direct voice communication among vessels and land stations, and this saves precious time. It is, of course, this advantage of radiotelephone which makes it the universal safety communications system of com­ mercial and military air transportation where safety is as deep a concern as it is at sea. A dramatic example of this peculiar advantage of radiotelephone appeared in the story of the submarine Thresher

disaster in the Washington Evening S tar of May 16,1963, from which 

I quote:

Shortly before 11 a.m. (Lieu ten ant Commander) Hecker handed a radiogram to a messenger to take to the rad io shack. This message, which set the public 

pa rt of the Thre sher drama in motion, read : “Unable to communicate with 

Thr esher since 9:17 a.m. (e.s.t.) Have been calling by UQC voice and CW QRS CW every minute, explosive signals every 10 minu tes with no success. Last transmission recorded was garbled. Indicate d Thre sher was approaching 

tes t depth. My present position 41-43N G4-57W. Conducting expanding 

search.”

Sk yl ar k’s radioman sat down at h is tru sty Morse tran sm itting bug and sta rte d sending dot-dash signals to sho re in the best early 20th century fashion. At­ mospheric conditions gave sender and transmitter trouble, and the communica­ tions center at the New London subm arine base had to break in several times 

to r equest repetitions.

Had Sk yla rk possessed ship-shore telephone facilities, she could have con­ versed with the shore dire ctly through the Boston marine operator, as newsmen aboa rd a destroyer in the area did 2 days later, moving thou sands of words of 

copy by voice. Sk yl ar k’s dit-da-dit transmission mode consumed 1 hour 58 

minutes in sending Hecker’s first brief message to New London.

When Congress, more than 25 years ago, chose radiotelegraph as the safety communications system for ships on voyages between American ports, it was not because it denied the advantage of voice communication. The choice was dictated by the fact that there was no reasonable assurance at the time tha t contact could be made by radiotelephone in a safety situation. Radiotelephone equipment was still in a developmental state and few stations existed which could monitor a distress frequency for radiotelephone; indeed, a radio tele­ phone distress frequency did not even exist then. In Hawaiian waters today, 25 years later, the situation is very different. Radiotelephone contact for safety purposes in Hawaii is assured on a continuous 24-hour-a-day basis bv reason of the sta­ tions in the area monitoring the distress and ship-to-shore fre ­ quencies, and in addition, by reason of the complex of vessels almost exclusively using radiotelephone for communication in Hawaiian waters. Because such cantact is now so reliable and because radio­ telephone makes a better safety communications system when this is so, a radiotelephone safety system should be adopted for all cargo vessels in Hawaiian waters as it was for the G reat Lakes in 1954.
20 RADIOTEL EPHO NE S ON CER TAIN CARGO VESSE LS

To demonstrate the reliability of radiotelephone contact for safety 

purposes in Hawaiian waters, I would like the record to show the 

extent to which the radiotelephone distress frequency, 2182 kilocycles, 

is monitored there. I have a letter on the matter from Rear Admiral 

Knapp, commander of the 14th Coast Guard District, which I would 

like to read :

December 19,1963. Matson Navigation Co.,

Honolulu, Hawaii

(Attention: Capt. R. J. McKenzie, marine operations superintendent).

Dear Sir: In reply to your letter of December 11, I am very happy to supply 

whatever useful information tha t can be provided by my staff. The Coast 

Guard has four 95-foot patrol boats in the Hawaiian area tha t are equipped 

with radiotelephone.

The equipment used on these boats are 75-watt transmitter-receiver units 

of the type URC-34. By proper frequency utilization, and occasionally relaying traffic through another unit, satisfactory communication is achieved with 

these vessels.

The Coast Guard has receivers and stand a continuous guard on 2182 at 

the following locations within the Hawaiian Island s:

Primary Radio Station (NMO), Wahiawa—Remote receiver at Makapuu. 

Loran Station Hawaii (NR05), Upolu Point.

Loran Station Kauai (NR02), Kauai.

Loran Station Molokai (NM07), Molokai.

Loran Station French Frigate Shoals (NR04).

Coast Guard floating units when within 100 miles of land are also required 

to stand a continuous guard on 2182 kilocycles when underway.

I sincerely hope the information supplied herein will be beneficial to you 

in selecting the proper radio equipment for your operation.

Sincerely yours,

C. C. Knapp,

Rear Admiral, TJ.S. Coast Guard,

Commander, 14th Coast Guard District.

If you will refer to the maps I had prepared for the purpose, you 

will note that station NMO is on the island Oahu, NRO-5 is on the 

island of Hawaii, NRO -2 is on the island of Kauai and NMO-7 is 

on the island of Molokai. NRO-4 if off the map to the northwest, 

French F rigate Shoals.

The Coast Guard, then, has fixed stations spreading the entire 

width of the H awaiian Islands standing continuous watch and a number of cutters and lighthouse tenders standing watch when underway 

within 100 miles from land.

Next, I have a letter on the subject from Mr. Joh n J. Jaquette, executive vice president of the Hawaiian Telephone Co., which I hope you 

will permit me to read:

December 13, 1963. R. J. McKenzie,

Marine Operations Superintendent,

Matson Navigation Co.,

Honolulu, Hawaii.

Dear Mr. McKenzie : The coastal marine radiotelephone service operated by 

Hawaiian Telephone Co. is offered to any properly licensed ship anywhere in 

Hawaiian waters on a 24-hour basis. Transmitters and receivers are maintained 

on both the distress and ship-to-shore channels.

A project is now in progress to improve this service by adding two receiving 

locations to the present one and by relocating transmitters to more favorable 

locations. This project includes the installation of improved antennas and 

automatic indication of received calls at the telephone switchboard in place of 

aural monitoring for detection of calls. A construction permit (file No. 1850- 

M-P-93) has been issued by the Federal Communications Commission and we 

expect to complete work on this project within 6 months.

Yours truly,

J ohn J. Jaquette.
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 21

The Hawaiian Telephone Co. maintains station KB P at Hanauma Bay, and station KQM at Kahuku, on the island of Oahu. By J uly 1, the telephone company is scheduled to put into operation new trans­ mitting stations at Barber’s Point, Oahu and Kahuku, Oahu, to re­ place the present stations. They will operate at the power of 1,000 watts during the day 700 watts at night. New receivers will be placed into service at Kahuku, Oahu, and Kaneilio Point, Oahu, to supple­ ment the existing receivers at Koka Head. On the maps I have had prepared, map 2V presents the radiotelephone network in Hawaii as it is now; map B presents it as i t will be after the H awaiian Telephone 

Co. makes its scheduled changes. On this question of the reliability of radiotelephone contact, I can state finally of my own personal knowledge that in the past 15 years radiotelephone has nearly completely replaced radiotelegraph for ma­ rine communication in Hawaiian waters. What this means is tha t contact on marine frequencies other than the distress frequency is reasonably assured with the complex of vessels underway in the area. In that connection, I would like to put into the record the text of a let­ ter I received last week from Mr. George E. Goss, president of the 

Hawaii Council of Boat Associations: February 14,1964.

Capt. R. J. McKenzie,

Marine Operations Superintendent, Matson Navigation Co., Honolulu, Haicaii.

Dear Captain McKenzie : The Haw aii Council of B oat Associations has noted with much inte rest the announced improvement in the commercial radiotelephone network that Haw aiian Telephone Co. plans to put in effect on Jun e 30, 1964. Most of the small pleasure cr af t operate low-power tra nsmitters from 24 to 38 watts, so the new receiving and transm itting station s will make it much easier for them to communicate with KBP. The commercial fishing boats operate sets up to 103 watts. The new locations should effectively cover all are as where the boats operate and make for a very efficient system. Since our organization in 1958 we have had no complaints from any of our members reporting incidents wherein their boatowners have been unable to com­ municate with the U.S. Coast Guard on 2,182 kilocycles when it was necessary. The efficient Coast Guard netw ork coupled with the commercial network have helped make boating in Haw aii one of the safest areas in the United States. A statewide inventory of small craft taken in 1961 disclosed that craft were moored in harbors th roughout the S tate as follow s: Commercial fishing c ra ft : Kauai, 34; Maui, 18; Hawaii, 152; Molokai, 51; 

Lanai, 1. Recreational c ra ft : Kauai, 100: Maui, 62; Haw aii, 215; Oahu, 2,675.

Yours very truly,

Hawaii Council of Boat Associations, 

Geo. E. Goss, Presiden t.

There are three tug and barge companies operating within the Hawaiian Islands, Hawaiian Tug & Barge, Isleways, and Pacific Inland Navigation Co. Isleways operate mainly to the island of Lanai, however, they do call at all th e other islands. Hawaiian Tug & Barge have regular scheduled calls at all major island ports with the excep­ tion of Lanai. Pacific Inla nd Navigation operate the 3,800 h.p. tug 

'Winquatt which tows the Matson interisland barge Islander to Hawaii, 

Kauai, Maui, and Oahu. Isleways operate two ATA-type, 1,800 h.p. 

tugs, the Ono and Alii. Hawaiian Tug & Barge have eight seagoing 

tugs which range from 1,000 to 2,400 h.p. So with Coast Guard stations and the Hawaiian Telephone Co. sta­ tions maintaining a 24-hour radiotelephone watch and with radio­ telephone being the almost exclusive means of marine communication

32-4 42— 64------4
22 RADIO TELEPHON ES ON CER TAIN CARGO VESSELS

in Hawaiian waters, I think it is clear tha t radiotelephone is better 

than radiotelegraph as a safety communications system for all cargo 

vessels moving between Hawaiian ports.

Thank you.

Again, thank you, Mr. Chairman, fo r letting me appear before you.

Mr. Rogers of Texas. Thank you.

I presume th at you desire these maps to be included as part of your 

statement.

Captain McKenzie. I do, sir.

Mr. Rogers of Texas. Without objection, that and the other documents attached to the statement will be included.

(The documents referred to follow.)

Mr. Rogers of Texas. Are there any questions, Mr. Moss?

Mr. Moss. Yes, Mr. Chairman.

Captain McKenzie, what is the additional cost to Matson if they are 

required to operate a new hull as a self-propelled unit using radiotelegraph rather than radiotelephone?

Captain McKenzie. I would have to get those figures, how much it 

would be, but perhaps Mr. Brown could answer that. I haven’t got 

that figure. You are talking about money, actual money ?

Mr. Moss. That is right.

Captain McKenzie. No, I wouldn’t have tha t figure.

Mr. Moss. Could you supply it for the record ?

Mr. Brown. You are looking, sir, for the cost of radiotelephone 

versus radiotelegraph, our feeling what the difference would be.

The cost will be, of course, two part. The initial equipment, say, 

10 to 1, the previous figure given by the Federal Communications 

Commission for the basic equipment, plus the space on the vessel to 

house it which is in the same proportion, greater space required for 

radiotelegraph over radiotelephone, and the manning. I would say 

an intial cost of approximately $20,000 more for radiotelegraph, on 

basic initial cost. Operating cost would be another $10,000 to $15,000 

per year.

Air. Moss. That is all at the moment, Mr. Chairman.

Mr. Rogers of Texas. Mr. Cunningham ?

Mr. Cunningham. No questions.

Air. R ogers of Texas. Air. Kornegay ?

Air. Kornegay. How many ships does Matson have plying the 

waters in and around Hawaii ?

Captain AIcKenzie. We have 16 righ t now.

Air. Kornegay. Do you operate on a regular schedule and call at 

the major ports of the islands ?

Captain AIcKenzie. We have 16 vessels calling at the Hawaiian 

Islands. Not all of them go to the other islands. We do have one barge 

called The Islander which we hope to power and run between the 

islands on its own power. AAre are only here—the only vessel th at is 

really affected by this H.R. 8505 is one of the-----

Air. Kornegay. Tha t is wha t I want to find out. Only one.

Captain AIcKenzie. Only one vessel.

Air. Kornegay. Tha t is m excess of 1,600 tons.

Captain AIcKenzie. That is right.

Mr. Kornegay. All of your vessels, the other 15, are less than 1,600 

tons; is that right?
32 -4 42 O - 64 (F ace p. 22) No. 1

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RADIOTELEPHONES ON CERTAIN CARGO VESSELS 23

Capta in McKenzie. All our vessels are running in international 

waters and to the west coast and to the east coast.

Mr. Kornegay. I was thinking about smaller vessels. You don’t 

have any smaller ones operating?

Captain McKenzie. No. We don’t have any smaller vessels. All 

we have is this barge, that is all, but there are barge lines, as I said in 

my statement, running interisland. Their tonnages are around about 

a thousand tons.

Mr. Kornegay. Thank you very much, Mr. Chairman.

Mr. Rogers of Texas. Mr. Broyhill ?

Mr. Broyhill of North Carolina. I am not sure I understand this. 

Only one vessel would be affected by this proposed legislation; is that 

correct ?

Captain McKenzie. That is the way it appears.

Mr. Broyiiill of North Carolina. This vessel is already in operation in the Hawaiian waters. Is that right?

Captain McKenzie. That is right.

Mr. Broyiiill of North Carolina. And it is already equipped with 

radiotelegraph equipment.

Captain McKenzie. No. This vessel is actually a barge.

Mr. Broyiiill of North Carolina. It is a barge.

Captain McKenzie. Now it is a barge.

Mr. Broyiiill of North Carolina. It is already equipped with 

radiotelegraph ?

Captain McKenzie. No. It hasn’t been installed.

Mr. Broyiiill of North Carolina. It has not?

Captain McKenzie. No. You see, we are towing it with a tug, 3,- 

800-horsepower tug.

Mr. Broyiiill of North Carolina. No other questions.

Mr. Rogers of Texas. Captain, now, what size is this barge? Wha t 

tonnage?

Captain McKenzie. The barge is 300 feet long.

Mr. Rogers of Texas. What tonnage would it be with regard to 

the 1,600?

Captain McKenzie. Right now is is 3,400, of course. If we put an 

engine in it, it will go up to about 5,000.

Mr. Rogers of Texas. But as I understand it, as a barge it is not 

affected by the present law because i t is not self-propelled.

Captain McKenzie. Tha t is right.

Mr. Rogers of Texas. So you wouldn’t have any difficulty. So this 

is actually a new venture th at you are all moving into.

Captain McKenzie. That is correct.

Mr. Rogers of Texas. And actually it involves cargo, does it not?

Captain McKenzie. Yes, it does.

Mr. Rogers of Texas. You are not interested in the passenger situation here because the ships that you use or the vessels that you use 

for passenger traffic between those islands are the same ships that 

travel from Los Angeles and San Francisco to the Hawaiian Islands.

Captain McKenzie. That is correct.

Mr. Rogers of Texas. Do you intend to enlarge this operation to 

move into a new area and try to explore the situation here that may 

have an impact, either good or bad, on traffic of this kind ?

Captain McKenzie. No. We are just—we have only got these major 

ports on each island, and th at is all we are going to go to.
24 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

Mr. R ogers of Texas. An d i t is n’t yo ur inten tio n to enlarg e—I mean, 

pu t on mo re barge s lik e thi s. Co nvert more.

Ca ptain McKen zie. We ll, this na tu ra lly will increase busines s to 

the oute r islands.

Mr. R ogers of Texas . Sur e. I un de rst an d tha t.

Ca ptain M cKen zie. And we m ight see fit a y ear fro m now to bu ild 

an othe r vessel.

Mr. Rogers of Texas. We ll, the question was pro mp ted by the in ­

form ati on I go t o ut o f—I believe it was the m otio n for re conside ration 

in which it w as po inted ou t t hat t hi s could—if it was exp and ed out—- 

pro bably rev olu tioniz e, well, inte rco astal tra de in some a reas. Is th at 

ri ght ?

Ca ptain McK en zie. I t could be in conta ine rs going fro m th is— 

go ing fro m th is s ma ll vessel on to the l ar ge r vessel w hich we are do ing 

ri ght now, an d then th e lar ge vessel carries it t o the west coast. We 

ha ve n’t go tte n into th e eas t coast yet, bu t we ju st don’t hav e eno ugh 

conta ine rs to step int o th at end of it.

Mr. R ogers o f Texas . But you do h ope to move forw ard in this .

Cap ta in McKenzie. We ar e moving.

Mr. R ogers of Tex as. Making progres s.

Cap ta in McKen zie . We are ma kin g such str ides in this it is un ­

believable, and it is saving the people in the islands a considerable 

am ou nt of money in s hi pp in g costs.

Mr. R ogers o f Texas. Well, now, Ca ptain , let me ask you th is questio n. In the Great La ke s situatio n, as I understood Com missioner 

Bar tle y, a ship com ing int o the Gr ea t Lak es tra de , if it is a foreign 

sh ip equip ped only with radioteleg raph , then it must hav e rad iot ele ­

ph on e because in o rd er t o op era te in the Gr eat Lak es, y ou mu st hav e 

rad iotele phone.

Cap ta in McKenzie. T hat is rig ht.

Mr. R ogers of Texas. Do you also ha ve to have radiotele grap h or jus t 

rad iotele phone?

Cap ta in McKenzie. No. Th ey do n’t need rad iotelegrap h in the 

G re at Lakes at all. I t is the rad iotele phone th at is req uir ed now.

Mr. R ogers of Te xas. Do you know w hethe r or no t th is tra ns ition or 

th is insta lla tio n of th is equ ipm ent is done very ma ny time s? Many 

or m ost foreign ships come in there and hav e th at ins tal led to go into 

th e Gre at L ake s ?

Cap ta in McKenzie. I am no t fam ili ar on th at bu t ju st wh at Mr. 

Bar tle y said there, if the vessel comes in and doesn’t hav e the radiotelephone, th ey ha ve got to p ut it on, and I ima gine that knowing they 

were g oing to go to the are a o f the G reat Lakes and were going to have 

to p ut one on, they will prob ably do it in th ei r ow n countr y. I t would 

be considerab ly cheaper.

Mr. R ogers o f Texas. We ll, now, wh at about y our langu age b arrier 

in th e Haw aiian Islands? Do you an tic ipa te any tro ub le with langu age bar ri er there ?

Cap ta in McKenz ie. We ll, th e foreign ships, we hav e very few. 

Th ey are ju st c alling to H onolu lu. Ac tuall y on the interisl an d tra de, 

it is ju st local s hips, bu t we do h ave some occasional forei gn sh ip t ha t— 

mo st of them , I would say pr ac tic ally every ship has th is te lephon e i f 

they are on th at run because th is is the only way of rea l good 

com mu nicatin g.
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 25

Mr. Rogers of T exa s. Sur e. Well, now, Ca ptain, is it you r fee ling th at—well, of cours e, y ou are interested in th e Ma tson Lin es and th ei r activities, pro bably th e pr im ary reason th at th is was confined to the Haw aiian Isl ands, bu t insofar as this so-called lan guage ba rrie r is concerned, you would have none in t he H aw aiian I slan ds th at you kn ow 

of a t all.

Ca ptain McK en zie . None a t all.

Mr. Rogers of T exa s. Could you say th at t he reason th at this could no t be extend ed to all coastal a reas jus t by one fell swoop would p ro b­ ab ly be the lan guage b ar rier , a m atter t hat sho uld be s tud ied ?

Ca ptain McKen zie. We ll, yes. Maybe it sh ould be looked into. I 

guess th is is w ha t the F CC will do.

Mr. Rogers of Texas . Now, the reason I ask th at question is th at there have been some statem ent s by the de pa rtm en ts dow ntown to the effect th at so fa r as they know, the radiot ele phone is safe all righ t bu t they r aise some issue a s to why this is bein g confined to the H aw aiian Island s and no t exten ded to other coastal areas.

Ca ptain McK en zie. We jus t d on’t hav e the f oreig n ships op erating aro un d the Haw aiian Isl an ds are a like you do on th e Pac ific coas t or 

the A tla ntic coast.

Mr. R ogers of Texas . How ma ny countries are particip an ts to that or 

sig nator ies to th at co nve ntio n, do you know ?

Ca ptain McK en zie. I could ask—Fis cher?

Mr. Fischer. I do n’t know offhand b ut j us t about all the s hipp ing 

cou ntries of th e w orld are signa tories here.

Mr. Rogers of T exa s. Bu t t he extension of t hi s pa rtic ul ar si tuati on to all coastal are as wo uld a ctu ally req uir e a new m eeting to d ra ft new 

terms or new conven tion s, w ouldn’t it ?

Ca ptain McK en zie. Yes; it would.

Mr. Rogers of Texas. In order to meet the lan guage ba rri er.

Th an k you v ery mu ch, Capta in. Ar e the re an y ot he r questions now of C ap tain McK enzie, an d the n we w ill go to Mr. Ja mes Brown. Mr. Brow n, I see yo u have a stat ement.

Mr. Brown. Than k you. I am James A . Br ow n, pro jec t eng ineer. Eng inee rin g Devel opment De pa rtm ent, Mats on Na vig ation Co., 215 M arke t Stree t, Sa n F ra n ­ cisco, Ca lif. Tha nk you for the op po rtu nity to make this sta tem ent. Matson Na viga tio n Co., a nonsubsidized steam ship com pan y whose opera tions are cente red in Ha wa ii, su pp orts II.R . 8508 which would pe rm it the use of rad iotele phone instead o f radioteleg raph a s a safety com municatio ns sys tem on board a ship in the course of a voy age be ­ tween Haw aiian po rts when the voyage does no t tak e the ship mo re th an 50 miles fro m land. We s up po rt it first, because r adiot ele phone mak es a b etter s afety com mun ications system in Ha waiian wa ter s an d second, because it wi ll fos ter the develop ment o f a n e xperime nta l sem i­ autom ate d vessel of gr ea t importance to Ma tson, and to Haw aiian shipp ing . Ca pt. R. J. McK enzie, ma rin e opera tio ns su pe rin tend en t of M atson Na viga tio n Co. in Ha wa ii, h as alread y discussed why it is th at radio tel ephone is a bette r sa fety comm unications system in H aw ai ­ ian w aters. I would like to tak e a few minutes to d iscuss the de velop ­ ment of the ex perim ental vessel and its relati on sh ip to I I.R . 8508. Six years ago, Matson inau gu rated a cargo conta ine r serv ice be­ tween the Pac ific coast and Ho nolulu, as p art of a prog ram to mod -
26 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

ernize its fleet. This service involves the prepacking of cargo into containers of a stan dard size, in order to facilitate loading and unloading 

of the ships. Matson recognized what President Kennedy noted in 

his message to Congress on transporta tion policy in 1962 when he 

urged—

th at sound development in technology and automation be applied to merchant 

shipping as rapidly as possible, fully recognizing and providing for the job equities involved, as a major program of enhancing the competitive capa bility of our 

merchant marine.

I am glad to say tha t the efficiency of the Pacific coast-Honolulu 

cargo container service has far exceeded the original expectations.

This success led naturally to consideration of ways of extending the 

benefits of this kind of service to the other islands in Hawaii. At first, 

an interisland container barge service was contemplated, tha t is to say, 

a tug towing a barge specially built to pick up and deliver the cargo 

containers. At this point, the Engineering Development Department 

of Matson advanced the suggestion that this new interisland service 

offered a unique opportunity to substitute for the tug and towed barge 

an experimental vessel operating with the most advanced kinds of 

techniques and equipment, designed to make it self-sufficient in the 

handling of the cargo containers and in berthing, and to make the run ­

ning of the vessel as automatic as possible. This vessel, 300 feet long, 

5,000 tons, self-propelled a t a speed of 11 knots, was scheduled to operate throughout the Hawaiian Islands on the routes set out in the maps 

Captain McKenzie has submitted for the record of this hearing, except 

for the route shown on the maps directly from Honolulu to Hilo.

Of particular relevance here, the vessel was designed to carry the 

following equipment:

(a) Two radiotelephone units for communication with shore stations and vessels equipped with similar equipment.

(b) One radio receiver continuously monitoring 2182 kilocycles, the 

radiotelephone distress frequency while the vessel is at sea.

(c) One radio direction finder for determining the vessel’s position 

or obtaining a bearing on another vessel's location.

(<Z) Oneloran a/c for determining the vessel’s position.

(e) One radar for position location (when near land) or other 

vessel tracking.

( f) One signal searchlight for signaling other vessels.

The hull of that vessel has been built and it is now in operation on 

the interisland container service, but it is being uesd as a barge, towed 

by a tug, until all the necessary arrangements can be made to operate 

it as it was designed. If and when proper arrangements are made, it 

will take another 6 months to install the equipment to undertake the 

experimentation in automation we hoped for.

One of the things we are waiting for is to use radiotelephone equipment for safety communications purposes. Under the present Communications Act, so long as this vessel is towed as a barge by a tug, 

radiotelephone is a sanctioned safetv communications system. But 

if we make the vessel self-propelled, then radiotelegraph must be 

put aboard with the special radio officer to man it.

When we asked the Federal Communications Commission to help us 

with this problem, the Commission in effect told us tha t our case 

could not invoke the exercise of its exemptive power because determination whether radiotelephone today is better than radiotelegraph
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 27

in Hawaiian waters is for the Congress; likewise, the extent to which automation should be fostered in safety communications at sea. The passage of H.R. 8508 will bring us one step nearer the realiza­ tion of the experimental semiautomated cargo container vessel which may teach us a great deal of value to Hawaii and the American 

merchant marine.

Thank you.

Mr. Rogers of Texas. Thank you, Mr. Brown.

Mr. Moss, do you have any questions ? Mr. Moss. No questions, Mr. Chairman.

Nlr. Rogers of Texas. Mr. Cunningham ?

Mr. Cunningham. No questions.

Mr. Rogers of Texas. Mr. Kornegay ?

Mr. Kornegay. No questions, Mr. Chairman.

Mr. Rogers of Texas. Mr. Broyhill ?

Mr. Broyhill of North Carolina. Mr. Chairman, I would like to ask a question. Could either Mr. Brown or Captain McKenzie give us an estimation of how many other vessels would be affected by this 

proposed legislation.

Captain McKenzie. Just one vessel at the moment. And prob ­

ably----- .

Mr. Broyhill of North Carolina. I am not talking about as far as Matson is concerned. Any other vessels at all, interstate, t hat will be 

affected ?

Captain McKenzie. No; we haven't run vessels interstate for years.

Mr. Broyhill of North Carolina. Of this size.

Captain McKenzie. Of that size. They are not economically feasible. . . ,

Captain McKenzie. Of tha t size. They are not economically 

feasible.

Mr. Rogers of Texas. Is that all you have, Mr. Broyhill ?

Mr. Broyhill of North Carolina. Yes.

Mr. Rogers of Texas. Mr. Brown, let me ask you this question. What is your reason or what is the purpose of changing to a self- propelled vehicle rathe r than the barge? What benefits are gained?

Mr. Brown. Mr. Chairman, there are many benefits gained both to the people of Hawaii, to Matson and the whole merchant marine. We can operate a more efficient system with the self-propelled vessel, and can maintain schedules. We can operate it more economically and thus keep rates down for the people in the islands. Previously cargo that went to the outer islands, until we put the barge in service, was general break-bulk cargo. We have now ex­ tended the container service to the outer islands.

Mr. Rogers of Texas. Do you generate more speed in handling of 

cargo with this?

Mr. Brown. Yes; we do, very much.

Mr. Rogers of Texas. With it being self-propelled ?

Mr. Brown. Being self-propelled, we can generate more speed and maintain schedules. With the tug it is very difficult to maintain 

schedules.

Mr. Rogers of Texas. Now, this cargo operation that you speak of, is that sort of like piggybacking in the railroad industry?

Mr. Brown. It is similar in many ways to piggybacking. s:

r.
28 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

Mr. Rogers of Texas. You just take sort of a carload in operation 

insofar as one container is concerned.

Mr. Brown. Tha t is right.

Mr. Rogers of Texas. Now, I noticed in the bill as drawn and the 

statement you made or Captain McKenzie made about one vessel, line 

7 says “In the course of a voyage,”—tha t is line 7, page 1—“In the 

course of a voyage between Hawaiian ports.”

Now, would you all have any objection if tha t language was changed 

to read “or engaged exclusively in voyages” ?

Mr. Brown. I would say no-----

Mr. Rogers of Texas. So there would be no controversy or fuss t hat 

you are trying to open a wide door here ?

Mr. Brown. No; I believe the change in wording would be beneficial to the understanding of the bill.

Mr. Rogers of Texas. Thank you.

Any other questions of the committee ? Thank you.

Let me ask you one further question. You may answer, of course, 

it would be hearsay. What is the position o f labor groups on this, do 

you know ?

Captain McKenzie. Well-----

Mr. Rogers of Texas. Mr. Pessel ?

Mr. P essel. May I answer that one, Mr. Chairman ?

Mr. Rogers of Texas. You may, if you identify yourself for the 

record.

Mr. Pessel. My name is A. J. Pessel, vice president of Matson Lines, 

Washington, D.C.

Mr. Chairman, we have already had three or four meetings with the 

various unions involved on the Pacific coast, Marine Engineers Beneficial Association, ARA, Radio Operators, and the SUP, which are 

the deck gang and the waiters and the stewards part of it, and they 

are going very successfully. We have had three at which the recent 

Chairman of the Federal Maritime Administration attended personally because they are interested in getting labor-management relations 

closer together on an automation basis, and we are making progress 

tha t way.

To be sure, our collective bargaining agreement fo r this vessel is not 

signed yet. So we have to have further union negotiations, as a matter of fact, to get this approved. But we are working toward that and 

it looks good.

Mr. Rogers of Texas. Well, now, the waiters and stewards and all 

wouldn’t be affected very much by this; would they?

Mr. Pessel. Not at all.

Mr. Rogers of Texas. It would just be a matter of what they thought 

it would do insofar as other working groups.

Mr. Pessel. As a matter of fact, we are creating five jobs now for 

this vessel that aren’t there now. Or is it six ?

Captain McKenzie. Six.

Mr. P essel. The Coast Guard has approved this, incidentally.

Mr. R ogers of Texas. Well, now, we had a telephone call yesterday 

from some people in the labor movement that are in Miami and going 

to Venezuela—I hope they are intending to come back-----

Mr. Pessel. I wish I was with them.

Mr. Rogers of Texas. They wanted to be heard on this, and there 

is some indication there might be some opposition to this, and I sug-
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 29

gested they get someone up here or else file a statement setting forth their views so that the committee could go ahead and either vote this 

matter up or down, one.

Mr. Pessel. I think that is a fair statement, Mr. Chairman. They should certainly be heard. I think without putting words in their mouth, they are mainly concerned with the extension of radiotele­ phone all over the country intercoastal and deep sea which would throw an operator out of work probably.

Mr. Rogers of Texas. Do you think their interest goes toward the situation that we were talking about a minute ago of the overall 

coastal ?

Mr. Pessel. That is right.

Mr. Rogers of Texas. I can see where there would be quite a bit 

of difficulty in moving into that area generally.

Mr. Pessel. Tha t would be a long process like it was with the longshoremen. We finally made on the Pacific coast, that is all steamship operators, jointly with the ILW U on a longshore basis, we made a fund. As a m atter of fact, Senator Clark of Pennsylvania heard Paul St. Sure, the head of Pacific Maritime Association, and Ha rry Bridges, the head of ILWU, testify here in Washington just 3 months ago about the effectiveness of this agreement, automated agreement shoreside. And one of the interesting things was that it is not all sweetness and light, but it is one of the prime examples of how labor and management can progress and have progressed, and it has been proven out and this, of course, will happen offshore, too, some day, but that is a question of negotiation and will take some time.

So as you said?

 Mr. Chairman, all we are talking about is this one 

vessel restricted in Hawaiian waters. That is all.

Mr. Rogers of Texas. Thank you very much.

Mr. Pessel. Than k you.

Mr. Rogers of Texas. Any further questions? And without objection the letter from the Pacific American Steam­ ship Association filed by Mr. John N. Thurm an will be included in the record immediately following the testimony which has just been 

received.

(The letter referred to follows:)

P a cif ic A m er ic an St e a m s h ip Ass ocia ti on,

W as hi ng to n, D.C., Feb ru ar y 18. 196-i.

Subje ct : H.R . 8508.

li on Oren H ar ris ,

Ch airm an , In te rsta te a nd F or eign C om me rce Com mitt ee ,

Hou se o f R ep re se nta tive s, W as hi ng to n, D.C.

Dear Mr. C hair m an : Th e Pa cif ic American Ste am sh ip Assoc iatio n, comp osed of th e m aj or American -fl ag st ea m sh ip opera to rs en ga ge d in th e fo re ig n an d do mestic co mmerce of th e U nited S ta te s from th e Pa cif ic co ast, w ishe s to ta k e th is op por tu ni ty to ex pre ss our su ppo rt fo r H.R. 8508, a bil l to a m en d se ct io n 350 of the Com m un icat io ns Ac t of 1934, to per m it ca rg o sh ip s on vo ya ge s be tw ee n H aw ai ia n port s to c arr y ra di ot el ep ho ne in lie u of ra dio te le gra ph in sta ll ati ons. Tw en ty-li ve years ag o a t th e tim e of en ac tm en t of th e Com m un ications A ct of 1934. in ord er to g u ara n te e accura te sh ip-to -ship an d sh ip -to -sho re co m m un ic a­ tio ns, it w as ne ce ss ar y to em plo y th e ex clus ive us e of ra di ote le gra ph. How ev er, in th e en su in g y ears ra di ot el ep ho ne has become vas tly im prov ed, to th e po in t th a t to da y in m an y are as of confi ned w ate rs su ch as the H aw ai ia n Is la nds, th e use of ra di ot el ep ho ne wi ll ad d not only gre ate r efficiency in nav ig at io n, but will prom ote th e sa fe ty of ve ssels and th eir cre ws . T hi s has bee n am pl y pr ov en in th at th e us e of ra di ot el ep ho ne in lie u of ra dio te le gra ph on ve ssels opera ti ng in

3 2 -4 4 2—i64 ------ 5
30 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

close proximity has been an invalu able safe ty fea ture on the often stormy Great 

Lakes and St. Lawrence River since its adoption in 1954.

In the intere st of safety and as stro ng advocates for the development of a 

modern, efficient U.S.-flag merchant marine, we urge favorable considera tion be 

given to II.It. 8508.

It is respectfully requested tha t this lette r be included in the record of the 

hearings on the subject hill, to be held on Febru ary 19, 1964, before the Communicatio ns and Power Subcommittee of the In terstate and Foreign Commerce 

Committee.

Sincerely yours,

J ohn N. Thurman, Vice President.

Mr. Rogers o f Tex as. I f there is no fu rthe r business to come befo re 

(he subcommittee, th e subcom mittee will sta nd adjou rned sub ject to 

the call o f th e C hair.

(W her eup on, at 11 :20 a.m., the subcom mittee was adjou rned sub ­

jec t to th e call of th e Cha ir. )
RADIOTELEPHONES ON CERTAIN CARGO VESSELS IN 

HAWAIIAN WATERS

TH U R SD A Y , M A R CH 19, 19 64

House of Representatives,

Subcommittee on Communications and Power

of the Committee on I nterstate and F oreign Commerce,

Washington, D.G.

The subcommittee met, pursuant to recess, at 10 a.m., room 1334 Longworth House Office Building, Hon. Walter Rogers (chairman 

of the subcommittee) presiding.

Mr. Rogers of Texas. The Subcommittee on Communications and Power will come to order for the further consideration of II.R . 8508 

and similar measures. Our previous hearing did not include the testimony of those partie s who will be te stify ing this morning, and we had to put it off in order to work it out on a time schedule because the folks here this morning were experts in another field and had to testify. We are glad to have 

you this morning.

TESTIMONY OP HOYT S. HADDOCK, WASHINGTON REP RES ENT ATIVE, APL-CIO MARITIME COMMITTEE, AND MORRIS HARVEY

STRICHARTZ, TECHNICAL DIRECTOR, AMERICAN RADIO ASSOCIATION, AFL-CIO

Mr. Haddock. Mr. Chairman, Mr. Strichartz will make the state­ ment on this and I will simply be with him to answer any questions that he happens not to be familiar with. He is the technical man and 

will give the principal statement.

Mr. Rogers of Texas. This statement that I have before me, Mr. Stric hartz, would you desire to have tha t entire document included in the record, together with the appendixes ?

Mr. Strichartz. The statement itself is 12 pages long. The appen­ dixes are data and evidentiary material which we would like to include in the record. We have no intention of attempting to read the ap­ pendixes into the record. We simply want to place them in the record and to comment very briefly on 10 of the 11 appendixes and a little 

more in depth on 1 of them.

Mr. Rogers of Texas. Without objection, the entire document will bo included in the record and you may proceed, Mr. Strichartz, to give 

us your statement.

31
32 RADIOTEL EPHO NE S ON CERTAIN CARGO VESSELS

(The statement mentioned follows:)

Sta teme nt of Morris H arvey Stricha rt z. Tec hn ical Director, American

R adio Asso cia tio n, A FL-C IO on Its Own Beh al f and in Beh al f of R adio Officers Uni on, A FL-C IO , I ntern ational Organization of Masters, Mat es.

& P ilo ts, A FL-C IO and of th e A FL-C IO Mar itim e Com mitte e, Con sist in g

of American R adio A ssoc iatio n, A FL -C IO , National Mar itime Union , A F L - 

CIO, Brotherhood of Marine Office rs (N M U), AFL -C IO , United Mar itim e Division (N M U), A FL -C IO , Unit ed Steel Workers of America, A F L - 

CIO, and I ndust rial Union of Marine & S hi pb ui ld in g Workers of Ame ric a, 

A FL-C IO

My na me is M or ris H arv ey Str ic hart z. I am te ch ni ca l dir ec to r of th e Amer ica n Rad io A ssoc iatio n, A FL-C IO , and a m a mem be r of its nati onal council.

T his st at em en t is su bm it te d by th e Am er ic an Rad io Assoc iatio n (A R A ), fo r 

th e Rad io Officers Un ion (R O U ), th e In te rn ati o n al O rg an iz at io n of M as ters , 

M ates, & Pilot s (M M P), bo th affil iates of th e A FL -C IO , as we ll as th e A F L - 

CIO M ar iti m e Com mittee , which in clud es th e Am er ic an Rad io Assoc iatio n 

(A R A ), th e N at io na l M ar itim e Un ion (N M U ), th e B ro th er ho od of M arine Office rs (B M O), th e U ni ted M ar itim e Divisi on (U M D ), th e m ar in e locals of th e 

U ni te d Stee l W orke rs of A m er ic a (U SW A), an d th e In d u str ia l Un ion of M ar in e 

& Shi pb ui ld in g W or ke rs (I U M SW A ).

AR A an d ROU , comp osed of sh ip ra di o officers, ho ld co lle ctive ba rg ai nin g 

ag re em en ts w ith st ea m sh ip co m pa ni es ow ning and oper at in g ov er 90 pe rc en t 

of th e oc ea ng oing m er ch an t sh ip s fly ing th e U.S. flag, in cl ud in g am on g them th e 

M atso n Nav ig atio n Co.

MM P mem be rs ar e th e m ast ers an d lic en sed de ck officers (m ate s) on ov er 90 

per ce nt of th e U.S.-fla g oc ea ng oing ships .

The to ta l mem be rship of a ll th es e m ar itim e un ions is ap pro xi m at el y 60,000 

seam en , wh o are officers an d un lic en se d crew mem be rs ab oar d ab ou t 90 pe rcen t of th e U.S. m er ch an t m ar in e— pa ss en ge r sh ips, fr ei ghte rs , ta nker s, co lliers, 

st ea m scho on ers, an d oth er ty pe ve ssels—c arr yin g ev ery ty pe of ca rg o in th e 

co as tw ise, in te rc oa st al , an d w or ld tr ad e of the United State s.

We a re lik ew ise in fo rm ed th a t you r subc om mitt ee ha s rece iv ed a se para te 

co m m un icat io n from th e A FL-C IO M ar iti m e T ra des D ep ar tm en t, comp ose d of 

oth er A FL-C IO m ar itim e af filia tes not men tio ne d above.

All of ou r or ga ni za tion s are of on e mind on H.R. 8508— we are opposed to 

its pa ss ag e, in th e pu blic in te re st as we ll as in th e in te re st of our me n on th e 

sh ips. It is sig nific an t th at, des pite se riou s di sa gre em en ts in oth er ar ea s, 

all of th e m ar itim e un ions a re unit ed in op po sitio n to th is bil l. W hy ?

To an sw er th a t qu estio n, we m ust de sc ribe d th e pre se nt sa fe ty si tu at io n. 

On all th e oc eans of the eart h, sh ip s ■of 1,600 gr os s to ns or la rg er are pr es en tly 

knit t oge th er in a w orldwide life sa vi ng n etwork.

Th ey a re eq uipp ed w ith sh ip ra dio te le gra ph eq ui pm en t, co mplying w ith 

st andard s se t by in te rn at io nal tr e a ty and do mes tic law. A t sea, th is eq uipm en t 

is man ne d by ra di ote le gr ap h oper at ors , wh o are lic en se d sh ip ra dio officers 

by ac t of Con gress in 1947. The se ra dio officers st and sa fe ty ra dio watch 

fo r a t le ast 8 ho urs a da y on ca rg o ve ssels carr yin g on ly one ra dio officer, an d 

co ntin uo us roun d-the-cloc k w at ch es on pa ss en ge r ve ssels wh ich a re man ne d 

by th re e or m or e ra dio officers.

D uring th es e w at ch es ea ch ra dio off ice r list en s co nt in uo us ly to ra dio te le gra ph 

sign al s on 500 kil ocycles , th e w orldw id e ca llin g an d dis tr ess freq ue nc y. Sh ips 

of al l nat io ns in it ia te ro utine ca lls to oth er sh ip s or to co as t ra dio st ati ons by 

ca llin g on 500 kil ocycles . Up on m ak in g co nt ac t th ey im m ed ia te ly sh if t to 

anoth er fr eq ue nc y kn ow n as a w or ki ng fr eq ue nc y to send an d re ce iv e me ssages. 

As soo n as th e message han dl in g is fin ish ed , th e list en in g on 500 kilocy cle s is 

im m ed ia tely resu med , w ithou t de lay .

In an y ev en t, th ere are tw o pe riod s duri ng ea ch hou r whe n th e sh ip radi o 

officer m us t ce as e do ing an yth in g else and lis ten, in co mplete ra dio sile nce, 

on 500 kil ocycles , kn ow n as th e si le nt pe riod s, be ca use th eir silen ce m ay only 

be brok en to tr an sm it or re tr an sm it dis tr ess me ssag es th a t w er e se nt duri ng the 

pr ec ed in g p er io d.

W he n a sh ip i s in dis tres s, it is o n 500 k ilo cy cles th a t th e ca ll fo r as si st an ce , the 

S O S is sent, an d al l co mm un ications be tw ee n th e st rick en vessel an d sh ip s 

th a t may pr oc ee d to its side are ha nd le d. O th er sh ip s m ust m ain ta in compl et e silenc e on 500 kilocycles duri ng su ch dis tres s traf fic, unti l th e al l-cl ea r 

is tr ansm it te d.
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 33

Whe n dis tr ess si gn al s a re se nt , it is of cr uci al im port an ce th a t th ey be he ar d, 

re co gn iz ed as s uc h, an d th a t th e pr ec is e det ai ls giv en be re ce iv ed by th e m ax im um 

nu m be r of sh ip s ab le to re n d er ai d. Th e po sitio n of th e sh ip is gi ve n pr ec ise ly , 

in la ti tu d e an d lo ng itu de , an d th e e rr o r of a si ng le di gi t, fo r ex am pl e, ca n be 

ex tr em el y im p o rt an t— th a t is w hy a re lia bl e an d accu ra te sy st em is em plo yed.

W he n dis tr ess si tu ati o n s ex is t, al l ha nd s tu rn to, to per fo rm th e ir ne ce ss ar y 

du ti es . The ra di o officer s and ra di o oj ie ra to rs ab oar d th e de ep se a ve ssels 

th a t ha ve been in d is tr ess d u ri n g th e 65 ye ar s th a t th is ra d io se a- sa fe ty n etw or k w as de ve lopi ng a nd b ei ng p er fe ct ed , ha ve a cq u it te d t he m se lv es in ex em pl ar y 

fa sh io n, us ua lly be in g th e la s t to lea ve th e sh ip , al on g w it h th e m as te r, of te n 

go ing d ow n a t hi s po st of du ty .

T he sy st em th a t I ha ve de sc ribe d ha s th e gen iu s of si m pli ci ty an d th e re co rd 

of ha vin g been us ed , su cc es sf ul ly , in li te ra ll y th ousa nds of se a ca su al ti es . 

L it era ll y te ns of th ousa nds of me n ma ve be en pl uc ke d fr om th e cl ut ch es of a 

cr ue l se a by th e ass is ta nce th a t th is wor ldwide ra dio te le g ra p h se a- sa fe ty ne tw or k 

su m mon ed , in th e pr es en t, livi ng g en er at io n of s ea m en . On e sim pl e fa c t wi ll giv e 

in si ght in to th e sco pe of th is sp lend id, an d eff iec ien t sy s te m : th e an nual re port 

o f th e FC C fo r fiscal y ear 19 62 , on pa ge 86, n ot es :

“D uri ng th e fiscal ye ar , th e ra di ot el eg ra ph d is tr ess si gn al S O S w as us ed 

in b eh al f of 27 5 ve ss els an d air c ra ft . T he re w er e 18 1 re p o rt s of au to ala rm s 

be in g actu ate d to a le r t of fd ut y ra di ot el eg ra ph oi»e ra tors to d is tr es s ca lls . 

R ad io te le gr ap h fu nc ti on ed e ffec tiv el y fo r su ch d is tr ess c al ls .”

M ul tip ly th is on e si ng le y e a r in th e lim ite d pu rv ie w of a sing le nati o n ’s re gula to ry ag en cy by th e m an y y ears an d co unt ri es invo lved , an d you wi ll u n d erst a n d why th e se am an of th e wor ld an d of th is N at io n loo ks up on th e ra dio ­

te le gra ph st ati o n and th e sh ip ra dio office r wh o m an s it as hi s “li fe line ”—h is 

be st a ss ura nce of re ac hin g l an d a liv e an d ab le t o sh ip ou t ag ai n.

Se am en kno w th ey fo llo w a ca lli ng th a t is of it s ve ry n a tu re a ha za rd ous one. 

The y simpl y w an t th e be st ch an ce av ai la bl e o f su rv iv in g, an d th ey kn ow fr om 

th e ir ve ry own ex pe ri en ce th a t ra di ot el eg ra ph pr ov is io ns give the m th a t ch an ce .

W e ha ve se t fo rt h be low th e m an ne r in which th is sy stem deve lop ed , th e 

le gi sl at iv e his to ry of th e co m pu lsor y re qu ir em en ts fo r th is sy ste m , bo th do mes ­

ti ca ll y an d in te rn ati o n al tr e a ty . Now, w hat w ou ld be th e effe ct of th e bil l th a t 

is be ing co ns id er ed o n th a t sy st em ?

F ir st , it sh ou ld be no te d th a t th e w or di ng of th e bill is no t con fined to a pr ovi sion to ex em pt a si ng le , ex pe ri m en ta l c ra ft fr om th e ra dio te le gra ph re quir em en ts of th e C om m un ic at io ns Act. As it now re ad s, II .I t. 85 08 (a n d th e compa ni on m ea su re s be fo re th e su bc om m itt ee ) w ou ld am en d th e Co m m un ic at io ns 

A ct to pe rm it ca rg o ve ss el s, of an y to nn ag e up to an d in cl ud in g th e la rg est in 

th e wor ld, to n av ig ate be tw ee n H aw ai ia n Is la n d s p ort s w it h o u t hav in g to compl y w ith th e ra d io te le g ra p h re qu irem en ts of ti tl e I I I. p a rt II of th e ac t. Thu s, 

no t ju s t a sin gl e M at so n c ra ft , bu t al l ve ssels in th e H aw aii an in te ri sl an d tr a d e 

w ou ld be allo wed to w it h d ra w fro m ta kin g p a rt in th a t se a- sa fe ty ne tw or k.

If th is bill is pa ss ed , it wo uld re su lt in de cr ea se d se a sa fe ty . Se am en an d 

pa ss en ge rs sa il in g ab o ard sh ip s on co as tw ise, in te rc o ast al, an d in te rn ati o n al 

vo ya ge s, alo ng se al an es th a t conve rge , cros s, an d a re co nt ig uo us to H aw ai ia n 

w at er s, wo uld fa ce g re a te r da ng er , in a t le as t th re e w a y s :

(1 ) Th e af fe ct ed ve ss el wo uld it se lf be su b st an d ard , in th a t it wo uld n o t po sse ss an efficie nt and re li ab le ra dio sa fe ty sy stem in co mm on w ith o th er de ep-se a 

ve sse ls. It w ou ld th u s be w ithout th e dir ec t m ea ns to su mmo n th e g re a t m ajo rit y o f th es e ve ss el s to i ts a id in em erg ency.

(2 ) O th er ve ss el s pl yi ng th es e w at er s w ou ld be dep ri ve d of th e dir ec t p a rt ic ipa tion of th e af fe ct ed sh ip in th e ra di o se a- sa fe ty sy st em in wh ich ea ch ve ssel 

is co ns id er ed a p o te n ti al life bo at fo r al l ot he rs . T hu s, th e en ti re se a- sa fe ty n e two rk . which is k n it te d to get her by th e sa fe ty w at ch es stoo d on al l ve ss el s of 

1.6 00 g ro ss t on s and o ve r, w ou ld b e we ak en ed .

In so fa r as th is p a rt ic u la r le gi slat io n m ig ht le ad to o th er an d m or e gen er al 

w ea ke ni ng of th e pro vis io ns which now re quir e th a t ve ss el s p art ic ip ate in th is 

m utu al as si st an ce ne tw ork , al l ve ss els ev er yw he re m ig ht be re nd er ed less sa fe , 

and th e liv es of pa ss en ger s tr av el in g on th e sh ip s an d th e me n wh o e arn th e ir 

liv in g by fo llo w in g th e sea wo uld be th a t mu ch m or e ex pe nd ab le .

To lower sa fe ty st a n d a rd s is to ta k e ca llo us an d ca lc ula te d ri sk s. Men who 

go do wn to se a in sh ip s ca nn ot win in su ch a ga mbl e— a ga mbl e in w hi ch th e ir 

liv es are un ne ce ss ar il y ri sk ed to sa ve ex pe ns es fo r th e ow ne rs, w ho si t sa fe ly 

a t th eir de sk s as ho re , se cu re in th e ir pr ope rt y be hi nd ve ssel in su ra nce co ve ra ge . 

I t sh ou ld be no te d th a t th e co lle ct iv e- ba rg ai ni ng ag re em en ts of al l m ari ti m e 

un io ns pr es up po se a sa fe pl ac e to wor k, an d do n o t re quir e se am en to w or k 

un de r un sa fe c on di tion s.
34 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

Th e su bc om m itt ee is as ke d to no te th e full ba ck gr ou nd of ev en ts th a t lead to th is m ea su re be ing be fo re you a t th is tim e, in cl ud in g ce rt ai n fa cts th a t m ig ht 

pr ev io us ly n ot h av e be en m ad e kn ow n to you. On Feb ru ar y 18. 11)62, th e Matso n N av ig atio n Co. ap plie d to th e Fed er al Co m­ m un ic at io ns Co mmiss ion fo r an ex em ption, un de r se ction 35 2( b) of th e Co mm u­ ni ca tion s Act, as am en de d, to pe rm it th e M atso n to sa il a ves sel th a t co mpa ny pr op os ed to bu ild , of ove r 1,600 gros s tons , in th e H aw ai ia n in te ri sl an d tr ade, 

w ithout c om pu lsory ra dio te le gra ph eq uipm en t. A ft er fu ll co nsi der at io n of th e fa ct s su bm itte d by Matson an d th e ap pl ic ab le law , th e FC C de nied M at so n th e ex em ption, by its ord er of March 6, 1063, which has prev io us ly been ente re d in to th e re co rd by Com miss ione r Bar tle y. On Ap ril 5, 1063, M atso n as ke d th e FCC to re co ns id er th eir requ es t, an d ci te d a nu m be r of f u rt h e r co ns id er at io ns , in cl ud in g fa ctu al d ata an d au to m at io n plan s, 

w hi ch M atso n fe lt w er e pert in ent. On Ju ne 5, 1963, in it s mem or an du m op inion an d or de r, al re ad y in se rted in th is reco rd by Com m ission er B ar tley , th e Co mm ission ag ai n re je ct ed Matso n re qu es t. Bo th ord er s w er e issued on so un d an d va lid gr ou nd s, am ply se t fo rt h in th os e tw o or de rs. The y m er it th e ca re fu l st udy an d co ns id er at io n of th is s ub ­

co m m ittee i n its d el ib er at io ns. The n com es a tr uly sta rt li n g de ve lopm en t. On Ju n e 27, 1063. W ay ne L. H orv itz, vic e pr es id en t of th e Matson N av ig at io n Co., w ro te a le tt er to al l of th e w es t co as t m ar itim e uni on s w ith wh ich Matso n bo lds co llec tiv e- ba rg ai ning a gre e­ m en ts, in clud ing AI1A and MM P. This le tt e r co nt ai ne d w ithin it a mo st br az en 

dis pla y of co rp or at e ar ro gan ce . We are su bm itting co pie s of th e enti re l ett er fo r th e reco rd s, as ap pe nd ix A. In fo rw ar di ng a bro ch ure on M atso n’s au to m at io n pl an s, th e le tt er sta te d : “ You wi ll no te th a t on pa ge 50 whic h se ts fo rt h th e prop os ed man ning , we hav e no t inclu ded a lic en se d ra dio ope ra to r. Sin ce th e pre par at io n of th is br oc hu re , th e Fed er al Com m un icat io ns Co mm iss ion ha s re fu se d to g ra n t us an ex em pt io n an d ha s giv en us an adm in is tr ati ve ru ling th a t th is vessel re quires ra dio te le gra ph eq uipm en t an d, th er ef or e, th e ad di tion of on e lic en sed ra dio opera to r to th e man ni ng se t fo rt h. Mats on , ho wev er, is not in ag re em en t w ith 

th is ru ling an d it is ou r in te nti on to in trod uc e a bil l to am en d th e Co mmun ica ­

tion s Act of 1034 to pr ov id e an ex em ption from th is re quir em en t w ith re sp ec t to our prop osed in te ri sl and conta in er ve ssel.” [E m phas is su pp lie d.] P le as e no te th e m an ner in whi ch Matso n pro ceeds: tu rn ed do wn tw ice by th e re gula to ry agency re sp on sibl e fo r is su in g ex em ptions , M atso n st ate s th ey dis ­ ag re e w ith th e FCC. It is, of co urse, th eir ri ght to di sa gr ee . But wh en th ey go on to st ate “i t is ou r in te ntion to in trod uc e a bi ll.” m an y peop le will si t up an d ta ke no tic e. Her e is fu lly re ve al ed (he type of m en ta lity th a t has mad e th e M atso n in te re st s th e ob ject of Ju st ic e D ep ar tm en t a n ti tr u st pr oc ee ding s un der se ction 1 of th e Sh erman Ac t an d se ction 7 of th e Clayt on Act, which were filed 

on J a n u a ry 20 ,1964, a nd are n ow pen ding . We do no t qu estio n th e good fa it h of th e ho no ra bl e Mem be rs of Co ng res s wh o in tr odu ce d th e bills. We s im pl y su bm it fo r th eir i nfo rm at io n th e kind of a tt it u d e th a t lies be hind th e M atson in te re st s wh o are pr es sing fo r th e ad op tio n of th is sp ec ial in te re st hil l. Th is, ho wev er, is no t al l th ere is to th e hi gh ly in te re st in g 

pr el ud e to t his specia l in te re st M at so n bil l. The su bc om mitt ee h as th e ri ght to know th a t th ere is mo re th an mee ts th e eye in the p re se nt Matson re qu es t. In r ea ch in g its de cision in a m att er so cr uci al fo r sea sa fe ty , th e su bc om mitt ee sh ou ld be tol d of th e re al underc urr ent a t work in th is en ti re p ic tu re : a br az en ca m pa ig n has been in pr og re ss duri ng th e la st 15 year s to un de rm in e an d des tr oy th e in te rn ati onal se a- sa fe ty ra di o ne tw or k. The M at so n effo rt is only th e la te st move in a se ries of open an d co ve rt m an eu ve rs on th e p a rt of th os e en ga ge d in th is ca mpa ign. The su bc om mitt ee m us t as se ss M at so n’s ef fo rt fo r th is bi ll’s pa ss ag e in th e co nte xt of th a t 

ca mpa ign. Ther e a re in th e m ar itim e in d u str y som e sh or ts ig hte d sh ipow ne rs, wh ose ac tion s dem onst ra te a pers is te nt indi ffer en ce to th e val ue of hum an life. Thi s is sad. but tr ue. To them , im m ed ia te co st saving s, an d op po rtun e bu sine ss con­ si der at io ns, ta k e preced en ce ov er hum an lif e an d th e sa fe ty of vessel an d cargo . The se pe nn y wise an d do llar foo lis h el em en ts am on g st ea m sh ip o w ne rs and o pe ra ­ to rs seek to av oid pa ym en t of th e re as on ab le wag e of a qu ali fie d ra dio officer. Of co urse, th e fa ct or of co st an d busi nes s co ns id er at io ns a re m ate ri al an d m us t not be ov erlook ed . Bu t. in th e hie ra rc hy of va lues, hu m an life an d sa fe ty ar e 

up pe rm os t.
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 35

The ve ry le gi sl at io n re quir in g ra dio te le gra ph eq ui pm en t, oper at ors , an d 

w at ch es ab oar d sh ip re su lte d dir ec tly fr om a succ essio n of se a dis ast ers ca us ed 

by th e fa il ure o f sh ip ow ne rs to p ro vi de sa fe ty a t sea , du e to th eir e conomi c sh ort ­

sigh te dn es s an d ca llo us ind iff eren ce to th e prob lem . W hat im pe lle d th e Co ng res s, in 1937, to ad op t Public Law 97, th a t ad de d p a rt II to ti tl e I I I o f th e ac t, th e te rm s of which th is b ill no w prop os es to am en d? W as th is pu blic law th e pr od uct o f a b ri ef an d has ty co nsi der at io n of th e fa ct ors 

invo lved ? I t w as n ot. A cle ar an d concise su m m ar y of th e ba ck gr ou nd of Public Law 97 w as giv en 

in te stim on y be fo re th e Hou se In te rs ta te an d For ei gn Co mmerce Com mittee , by 

th e H on or ab le J ohn M cC orm ack, wh o no ted : “* * * th e r ea so n sh ip ra dio l eg is la tion was p as se d in th e f ir st pl ac e : it pa ss ed 

th e Con gress be ca us e of su ch d is ast ers as the g re at loss of life aboard th e SS. 

Morro Ca stl e. It was be ca us e of si tu ati ons like th is th a t we le arn ed of th e 

sh oc ki ng in di ffe re nc e of sh ip ow ne rs to sa fe ty of life a t sea. Pro vis io ns fo r 

sa fe ty a t se a th ro ug h th e us e of ra dio w as the re su lt of Con gres s ta kin g a st ro ng an d firm han d in pa ss in g Pub lic Law 97 of the 75tl i Con gress, a fte r th e sh oc king 

fa cts w er e disclosed by th e Mor ro Cas tle in ve st ig at io n” (h eari ngs on H.R. 4090, 

Mar. 2 1, 19 55 ). A t th is po in t we includ e, as ap pen dix B, a bri ef su m m ar y of th e le gi sl at iv e 

his to ry of ti tl e II I, p a rt II of th e Com m un ications Act, as am en de d. It is quite ob vio us to an y per so n wh o pe ru se s th e re co rd on Pub lic Law 97, 

th a t Con gress w as w ell aw are o f bot h th e a dv an ce s clai m ed fo r ra di ot el ep ho ny as well as it s co nt in ui ng li m it ati ons th a t pr ev en t it th en an d no w fr om re pl ac in g 

ra dio te le gra phy a s a sa fe ty s ys te m f o r oceang oin g v essels. I t wou ld be in accura te to sta te th a t radi ot el ep ho ny w as no t av ai la ble , or even 

th a t it w as re la tive ly un de ve lo pe d a t the tim e th e 1937 Public Law 97 w as ad op ted. As a m att er of fa ct, in th e he ar in g on th a t ver y pu bl ic law, re pre ­

se nta ti ves of G re at Lak es sh ip ow ner s argu ed , su cc es sful ly , fo r be ing om itte d from th e c ov erag e of th e ac t, on th e ba sis of clai m s fo r ra dio te le phone ad va nc ed in th os e he ar in gs . Thu s, Mr. G ilber t R. Jo hn so n, S ecr et ar y of th e Lak es C ar ­ ri ers Assoc iatio n, ci te d ra dio te le ph one as suffi cie nt fo r G re at Lak es co mmun icatio ns , and n o te d : •

“G eo gr ap hi ca lly is ola te d as w e ar e, vessels on th e G re at Lak es co uld no t com e to th e ass is ta nce of oc ea n c ra ft, an d, sim ilar ly , oc ean c ra ft co uld no t com e 

to our as si st an ce . T her e is, th er ef or e, no need, th eore ti cal or pra cti cal fo r G re at Lak es ve ssels co m m uni ca ting by mea ns of th e sa m e ra dio tong ue as ocean 

sh ip s” (p. 34, hea ri ng s on S. 595, Feb. 22 ,193 7). The di ffer in g ra dio to ngu es he was re fe rr in g to w as ra di ot el ep ho ne an d ra dio te le gr ap h. Note th a t th e vessels plying w ate rs be tw ee n H aw aii an port s a re no t si m ilar ly ge ogra ph ic al ly isolated from th e sh ip s of th e wor ld which 

a re ra dio te le gra ph eq uipp ed . Th ey shou ld th ere fo re be ab le to sp ea k in th e 

sa m e ra dio ton gu e, ra dio te le gra ph, to be ab le to go to t he ass is ta nce of th os e oc ea n 

c ra ft an d su mmo n th e ir a ss is ta nce , when needed. The qu es tio n ar is es , w hy w as ra dio te le gra ph ch osen , bo th do m es tic ally by 

Con gr es s an d in te rn ati o n all y by Saf et y of Life a t Sea Con ferenc es ? To an sw er th a t qu es tio n is no t to dis pute th e lim ite d us es to which ra di ot el ep ho ne may be put, und er co nd itio ns th a t m ak e it both us ef ul an d pra cti cal, w ithin its in here nt 

lim itat io ns, bu t sim pl y to set fo rt h th e h ard te ch ni ca l fa cts th a t are univ er sa lly reco gn ized , w ith re sp ec t to radi ot el ep ho ne an d ra dio te le gra ph, th a t we ha ve pre se nt ed in ap pe nd ix C, w here we ha ve co mpa re d ra dio te le gra ph an d ra dio te le ­

ph on e an d disc us se d th em o pe ra tion al ly .

AUTOMATION

M atso n ba se d it s pl ea fo r co ns id er at io n on it s des ir e to ex pe rim en t in au to ­

m at io n, an d ba se s it s su pport of th is bi ll on it s auto m at io n pr og ra m . How ­ ev er, th e sa fe ty of live s and pa ss en ge rs sh ou ld not be ne glec ted in an y au to ­

m at io n pro cess. At th e annual mee tin g of th e A FL-C IO M ar itim e Co mmittee, th is fa ct w as und er sc or ed in a re so lutio n, which we ha ve in cl ud ed fo r you r in fo rm at io n as appen dix D, an d whi ch we commen d to you r at te ntion.

We wo uld lik e to un de rs co re , in ad di tion , th e fa c t th a t su ch au to m ati on pr og ra m s as th is or an y oth er co mpa ny under ta ke s, in lin e w ith th e est ablish ed policy of th is adm in is tr ati on, m ust be in tr oduc ed by co op er at iv e ef­ fo rt s of bo th la bor an d m an ag em en t. At th e pre se nt tim e, M atso n has p ro ­

po sed to tr y an “end ru n ” ar ound th e co lle ctive barg ai nin g ag re em en t pro ­

vision s by pr es si ng fo r th is bill which is of sp ec ia l in te re st to Matso n. How -
36 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

ev er, fo r th e in fo rm at io n of th e su bc om mitt ee , th e pa ss ag e of th is bill w ill 

affo rd no eco nomic re li ef fo r Matson, sinc e th a t co mpa ny is si gnat ory to co llective bar gai nin g pr ov isio ns th a t re quir e bo th ra dio te le gra ph an d ra dio te le ­

ph on e to be ha nd le d on ly by ra di o officers, an d no on e else. (W e ha ve a tta ch ed copie s of th es e co lle ctive bar gai nin g pr ov isio ns as ap pe nd ix E.) W e 

ca ll atten tion to th e fa c t th a t th es e pr ov isio ns ha ve been th e re su lt of h a rmon ious wor king re la tionsh ip s w ith th e m ast ers and mat es , th e de ck officers 

ab oard th e ships, as att est ed to by th e ex ch an ge of le tt ers , beween th e pre si ­

dents of the AR A an d MM P. reco gn izing th e han dl in g of all ra di ot el ep ho ne to 

be pr op er ly th e w or k of ra dio offic ers. (W e att ach th e le tt ers as ap pe nd ix es 

I an d J. )

We no te, moreo ve r, th a t th e co lle cti ve bar gai nin g ag re em en ts of all un io ns 

re quir e th a t th eir me n sh all be prov ided w ith sa fe w or ki ng co nd ition s. Se amen of al l ra tings, from th e m as te r to th e messm en , and th eir un ions know 

whe n th eir sa fe ty is a t st ak e, as ev iden ce d by th e A FL-C IO M ar iti m e Comm it te e re so lutio n m en tion ed above.

W hat th en doe s M atso n ex pe ct to ac co mplish w ith th eir sp ec ial in te re st 

bi ll? App ar en tly , th ey ho pe to plac e th e m ari ti m e un io ns on th e de fens ive, 

by fle xing th eir mon op olistic mu scles in th is bill th ey an no un ce d th ey were 

go ing to introd uc e. Is th is th e way to sm oo th th e w ay fo r au to m at io n, or 

is it like ly to pr od uc e unst able la bo r re la tions in th e m ari ti m e in dust ry ? It 

is cl ea rly th e la tt er.

WH AT ARE TH E CONDITIONS AND HAZARDS OF TH E ROUTE?

M atso n ha s mad e, an d inde ed ca n make, no sh ow ing th a t th e ro ut e an d cir ­

cu m st an ce s of th e vo yages of ve ssels in th e H aw ai ia n in te ri sl and tr ade are su bst an ti all y differ en t or les s haz ar dous th an thos e en co un te re d alon g an y U.S. 

co as t, to w a rr a n t th e sp ec ial tr eatm ent fo r th is tr ad e th a t th is bill wo uld pr ovide . The T re as ury D ep art m ent le tt er of F ebru ary 19, 1964, to th is subcom ­

m itte e on this b ill m ak es t h is cle ar whe n it s ta te s :

“W e a re no t aw ar e, ho wev er, of an y fa ct ors which re quir e op er at io ns betw ee n H aw ai ia n po rts to be tr eate d di ffer en tly from ope ra tion s be tw een oth er 

co as tw is e po rt s whe re ve ssels st ey w ithin th e same ra ng e of la nd . As to th is 

an d oth er as pe cts, th er ef or, we defe r to th e view s of th e F edera l Co mm un ica ­

tions Co mm iss ion.”

The ro ute is no t “s hel te re d” ; th a t is, en tire ly to th e lee of la nd . Th e w at er s 

a re su ch th a t vessels nav ig at in g in them en co un tere d high winds , a hig h traffic 

de nsi ty of vessels , on vo ya ge s bo th loc al an d in te rn at io nal , sinc e Ho no lulu is 

a stop ov er port fo r man y sh ip s, fo r ca rgo an d bu nk er in g pu rp os es , am on g 

ot he rs . T he are a al s has it s uni qu e char ac te ri st ic s, which incl ud es some of th e 

fin est w eath er to be foun d an yw her e in th e wor ld —a nd som e of its worst.

For th e in fo rm at io n of th e subc om mitt ee , we ha ve ex ce rp te d re fe re nc es to 

an ch or ag es , ti dal wav es an d, w hat is kn ow n as Kon a w ea th er , fr om the U.S. 

Co ast an d Ge od eti c Su rv ey ’s Coa st Pilot 7. on H aw ai i, as a pp en di x K.

Clo se st udy of th is dat a wi ll ver if y th e fa ct th at th es e ar e inde ed no w at er s in 

which ve ssels may be ex em pted from part ic ip ati ng in th e ra di o sea sa fe ty syste m 

prov id ed fo r ve ssels of ov er 1.600 gro ss tons , wh ich a re la rg e en ou gh to pro cee d 

in he av y w eath er to t he side of a st ri ck en vesse l, pr ov id e a lee fo r la un ch in g lif ebo at s an d f or resc ui ng surv iv or s fr om v esse ls in di st re ss .

CONCLU SION

The re a re ei ght reas on s, am pl y su ppo rt ed by th e ev iden ce pre se nte d to th is 

su bc om mitt ee , wh y th is bill sh ou ld n ot b e e na ct ed :

F ir st , th e men wh o ea rn th eir livi ng s a t sea, an d pa ss en ge rs tr av eli ng ab oa rd 

U.S . sh ips, a re entitled to an adeq uat e sa fe ty syste m, to give th em th e be st 

ch an ce s of su rv iv al in sea d is a ste rs:

Second , th ere no w ex is ts su ch a sa fe ty sy ste m, th e in te rn ati onal se a- sa fe ty 

ra dio te le gra ph ne tw or k, in which la rg er sh ip s of 1,600 gr os s to ns an d ov er have 

been eff ec tiv ely fu nc tion in g to pr ov id e su ch sa fe ty , re su ltin g in th e sa vi ng s of 

th ou sa nd s o f lives, in th is p re se nt g en era ti on a lo n e ;

T hi rd , a ft e r al m os t 3 ye ar s of te ch ni ca l in ves tigat io n an d ca re fu l hear in gs the 

Con gress ad op te d ti tl e II I. p art II in 1937. to fi t th e U.S.-flag sh ip s which go into 

th e open sea in to th is ra dio te le gr ap h se a- sa fe ty syste m, in ord er to pr ov id e U.S. 

ci tize ns w or ki ng an d tr av el in g on th e se as w ith th e hi gh es t m ea su re of sa fe ty .

F ourt h, th ere is am pl e auth ori ty fo r th e Fed er al Com mun ications Co mm ission 

to pr ov id e ex em pt io n from th e re quir em en ts of ti tl e III, p a rt II . w he re such
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 37

re qu ir em en ts wou ld bo unr ea so na bl e or un ne ce ss ar y, under th e h azard s and cir ­

cu m st an ce s o f th e v oyag e; F if th , su ch ex em pt io n w as ap pl ie d fo r by Matson tw ice , and al l th e fa cts in th e .1/a/s on c as e w er e ca re fu lly ex am in ed by th e Co mm ission , an d ex em pt io n wa s de ni ed Matson, sinc e th e hazard s an d sa fe ty co nsi der at io ns of th e vo ya ge ro ute are no t sh el te re d, but are inde ed q uite si m il ar to thos e pre vai ling in oth er co as ta l 

vo ya ge s c ov er ed by th e a c t : Si xt h, th e effect of th is bill is to en te r an op en ing we dg e th a t w ill w he t th e econom ic a p a tite s of sel fish co mpa ni es an d could lead to th e w ea ke ni ng an d ult im ate dest ru ct io n of ra dio sea sa fe ty an d th e liv es of th os e wh o de pe nd on it : Se ve nth, M at so n ha s pr oc laim ed to th e un ions w ith which it b arg ain s collec­ tive ly th a t it ca n in trod uc e an d pa ss l aw s, in an e ffort to e va de the co lle ctiv e b ar­ ga in in g proc es s on th e qu es tion of au to m at io n, an d to ev ad e th e ob liga tion s to wh ich Mason is co mm itt ed unde r is co lle cti ve bar gai nin g agre em en ts : Eig ht h, th e ra di ot el ep ho ne eq ui pm en t Matson prop os es to be allo wed to su bst i­ tu te fo r th e effecti ve ra dio te le gra ph sa fe ty sy stem is in ad equate fo r something as cr uci al as sa fe ty co m m un icat io ns un de r mo st ci rc um stan ce s, and th e so-ca lled sy stem pr ov id in g sa fe ty th ro ugh radi ot el ep ho ne is un di sc ip lin ed , ch ao tic and 

oft en i ne ff ic ie nt ;

The re fo re , on th e ba sis of— The unre m it ti ng se ar ch by th is co un try to en ha nc e th e sa fe ty of liv es an d 

pro per ty a t s e a ; The co ng re ss iona l wisd om em bodie d in pre se nt ra dio sa fe ty le gis la ti on: The ne ed to up ho ld th e FC C in its co ns cien tio us ap pl ic at io n of th e in te nt

o f Co ng ress, as it has di sp la yed in th e Matso n c a s e ; in ord er to m ai nta in 

or de rl y go ve rn m en ta l pro cess es; The fa il ure of M atso n to pr ov id e a ba sis fo r an y sp ec ia l in te re st le gi slatio n 

su ch as i t is re qu es ting : T he need to av oid en co ur ag in g pri vat e co mpa nies to tr y ev ad in g th ei r co lle ctiv e barg ai nin g ob lig atio ns , espe ciall y in th e cr uci al are as of sa fe ty 

an d au to m ati o n ; The c on se qu en t ne ed to m ai nta in st ab le la bor re la tions on th e m ar itim e in­ dust ry to th e e nd th a t tech no logica l pr og re ss may be m ad e in an or de rly an d 

co op er at iv e m a n n e r: The fa ct th a t pas sa ge of th is special in te re st bil l wou ld te nd to we ak en , an d m ig ht ult im at el y en d in th e des truc tion of efficient and ne ce ss ar y sa fe ty 

ra dio sy ste m : a nd The ne ed fo r Con gr es s to rea ffirm th e bip art is an pu bl ic in te re st in m ai n­ ta in in g high se a sa fe ty st andard s, bo th do m es tica lly and in co mplian ce w ith 

ou r N at io n’s tr e a ty o bl ig atio n. W e su bm it th a t th e pub lic in te re st wo uld be se rv ed by re je ct io n of th is bill, an d ur ge th is c ou rse u po n th e su bc om mittee m os t st ro ng ly.

Appe ndix A

Matson N avigation Co.,

June 27, Z.W3.

Mr. Morris Weisber ger,

Se cr et ar y- Tre as ur er , Sail ors Union of the Pacific,

San Francisc o, Calif.

Mr. W. W. J ordan,

Pr es id en t, Mar ine F ir em en . Oilers, W ip er s d W ate rt cn dcrs Union,

Sa n Fr an cis co, C alif.

Mr. E. T urner,

Se cr et ar y- Tre as ur er , M ari ne Cooks d S te w ard s Union,

Sa n Francis co, Calif.

Ca pt. Robert E. Du r k in .

Mas ter , M ates d P ilot s, Loc al 90.

Sa n Francis co, Ca lif .

Mr. W. A. F erron,

M ar ine E ng in ee rs B en ef ic ia l As so ciation,

Sa n Fran cis co, Ca lif .

Mr. P h il ip O’R ou rk e,

Amer ican Rad io Ass oc ia tion ,

Sa n Fr an cis co, Calif.

Gentlem en : I kn ow y ou are a w are t h a t M atso n has unde r co nsi der at io n a pro ­ po sal to bu ild and oper at e a se m ia ut om at ed ve ss el in th e in te ri sl and tr a d e in

32- 442— 64— 6
38 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

H aw ai i. Alth ou gh th ere has been a co ns id er ab le am ou nt of pu bl ic ity ab out 

th es e plan s, we have pu rp os ely no t dir ec tly co nt ac te d you un til we co uld giv e 

as fu ll a de sc ri pt io n as po ssible of th e en gi ne er in g an d man ni ng re quir em en ts 

of th is vesse l.

The att ached br och ur e se ts f ort h to th e b es t of our ab ility al l of th e im p o rt an t 

fe atu re s of vessel de sign an d, in ad di tion, in clud es a ge ne ral de sc ript io n of th e 

metho ds of pr op os ed op er at io n. The metho d of op er at io n, of co urse, is su bje ct 

to ch an ge as more in fo rm at io n is develop ed fr om fu rt h e r disc us sion an d also 

actu al op er at io n.

You will no te th a t on pa ge 50 which se ts fo rt h th e prop osed man ni ng , we 

ha ve no t incl ud ed a lic en sed ra dio op er at or . Sinc e th e pre para ti on of th is 

br oc hu re , th e F edera l Com mun ications Co mm iss ion has re fu se d to g ra n t us an 

ex ce pt io n an d h as give n us an adm in is tr ati ve ru ling th a t th is ve ssel re quir es 

ra dio te le gra ph eq uip m en t an d, th er ef or e, th e ad ditio n of one lic en se d ra d io 

opera to r to th e m an nin g se t fo rt h. M atso n, ho we ve r, is no t in ag re em en t w it h 

th is ru ling an d it is o u r in te ntion to in tr oduce a bill to am en d th e Com m un icati ons Ac t of 1934 to pr ov id e an ex em pt ion from th is re qu irem en t w ith re sp ec t 

to our prop osed in te ri sl an d co nta in er vessel.

Alth ou gh th is vessel, if comp leted, wo uld re pre se nt a ra dic al d ep art u re in 

sh ip de sig n an d crew co mplem en t from pr ev io us ly co nst ru ct ed ve ssels in our 

fleet, we rec og niz e th a t it is, fo r pu rp os es of co lle cti ve b ar ga in in g, a sh ip co ve red 

by som e or all of our pre se nt ag re em en ts w ith th e offsh ore un ions un less o th erw ise ag re ed to by th e part ie s.

W e wo uld ap pre ci at e it if you wo uld re vi ew th e at ta ched br oc hu re an d, in 

th e near fu tu re , me et w ith a co mmitt ee from M at so n an d PMA to disc us s p e rt in en t qu es tio ns th a t m ay ari se w ith resi>ect to th is vessel an d th e ap plica tion 

of our ex isting ag re em en ts. It is also our in te nt io n a t th is mee tin g to in fo rm 

yo u of ou r specific pl an s fo r th e co nv ersio n of th e Co ast Pr og ress an d th e Haw aii an Motor ist, an d to sp ec ifi ca lly se t fo rt h fo r yo ur co ns id er at io n prop os ed 

ch an ge s in th e m an ni ng of th es e vessels th a t will re su lt from th es e co nv ersio ns. 

Yo urs ve ry truly ,

Wayne L. II orvitz.

App en dix B

I. T h e E arly Legisla tive H istor y

1. Sen at e Re so lutio n 7 (7 4t li Co ng.) : It ord er ed an in ve st ig at io n of th e Mor ro

Cas tle an d M oh aw k dis as te rs , an d au th or iz ed th e in ves tigat in g co mmittee to 

reco m men d ne ce ssary re m ed ia l le g is la ti o n :

“T he Mo rro Ca stl e an d th e M oh aw k dis ast ers moved th e Sen at e of th e U ni ted 

S ta te s to ad op t a re so lu tion re qu es ting th e Co mmitt ee on Co mm erc e of th e 

Sen at e or a su bc om mittee th ere of to co nd uc t a st udy of th e ca us es of th es e di sast ers , to mak e stud ies which m ig ht th ro w light on th e qu es tion of sa fe ty of lif e 

a t se a, an d to mak e re co m m en da tion s to th e Con gress fo r g re ate r se cu ri ty of perso ns an d pr op er ty a t se a * * *” (S . Re pt. 196 foi l S. 595, Pub lic La w 97, 

75tli Cong., 1st se ss .), p. 2, M ar. 17, 1937).

2. Sen at e hill 595: Thi s le gis la tion w as pa ss ed to ad d ti tl e III, p a rt II , to th e 

Com m un ications Ac t of 1934, as am en de d, an d,

“As a re su lt of th is st udy of th e prob lem th e bi ll which th e Co mm erc e Comm itte e no w re po rts, w ith cert ain mod ifi ca tio ns , w as pre pare d an d in trod uc ed by 

Sen at or Cop ela nd * * *” (S . Rep t. 196, above, p. 3).

3. Publ ic La w 97 (75th Cong., 1st se ss .) : Its obje ct w as to in cr ea se sa fe ty 

a t sea. T hi s legi slatio n rece iv ed b ip art is an su pp or t, sinc e th e mem be rs of bo th 

p art ie s w er e un w ill in g to p la y politics w ith hu m an lives.

(o ) Purp ose of th e la w w as to in cr ea se sa fe ty a t s e a :

“* * * Se ction 1 of th e Com m un icat io ns Ac t of 1934 is he re by am en de d by in ­

se rt in g a fte r th e words ‘fo r th e pur pose of th e nat io nal de fe ns e’ a comm a an d 

th e w or ds ‘fo r th e pu rpos e o f pr om ot in g sa fe ty o f li fe an d pr op er ty th ro ugh th e 

us e of w ir e and ra dio co m m un ic at io n’ ” (se c. 1, Pub lic La w 97, 75th Cong., C. 

229. 1s t sess., S. 595, ap pr ov ed May 20, 1937). [E m ph as is su pplied .1

(&) Sen at e Rep or t No. 196 st re ss ed th a t sa fe ty w as to be th e ai m of the Com ­

m ission in en fo rc in g th is la w :

“T he co m m ittee feels th a t it sh ou ld be th e aim of th e Co mm iss ion to ass ure 

itse lf , w ithin pr ac tica bl e lim its, th a t th e ra dio in st all ati ons re quir ed by law to 

be in st al le d up on sh ips ar e a t all tim es in op er at in g co nd iti on s, m an ne d by com ­

pete nt op er at ors , an d av ai la bl e to gi ve th e g re ate st as su ra nce of pr ot ec tion to 

li fe an d pro pert y on th e high se as * * *” (S . Rep t. 196 (on Pub lic Law 97, 

S. 59 5), M ar . 17, 1937, 75th Cong., 1st sess., p. 4).
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 39

(c ) M et ho d: Coa stwise and in te rn ati o n al vo ya ge s w er e si m il arl y tr eate d fo r th e pu rp os es of sa fe ty a t sea. Con gr es s ap plied th e sa m e princi pl es to co as t­ w ise sh ip pi ng as it a pp lied to ve ss els mak in g in te rn ati o n al voyages, and im posed th e sa m e ra dio re qu ir em en ts fo r ca rg o ve ssels ov er 1,600 to n s : “I n th is bill, th er ef or e, an en de av or has bee n m ad e to ap pl y th e re qu irem en ts of th e co nv en tio n to ou r do m es tic sh ip pi ng so fa r as ve ss els w hi ch go in to th e

op en sea are co nc erne d and to re st ore som e of th e lo st pre st ig e w hi ch has com e th ro ug h our fa il ure to ke ep a b re a st of mod ern de ve lopm en ts in th is im port ant 

fe atu re of s af et y a t sea * * *. “T od ay , th ere are pr ob ab ly 600 or more sh ip s of th e U ni te d S ta te s of su bst an­ ti al to nn ag e carr yin g m an y per so ns as pa ss en ge rs and crew s, which nei th er by ou r law . n or th e co nv en tio n a re re qui re d to carr y ra di o. No mor e po inted illu s­ tr ati o n of th e da nge r an d of th e trag ed y of th is in ad eq ua cy of la w ca n be foun d th an i n th e fa ct th a t th ere w as an A merican sh ip not re qu ired to b e eq uipp ed w ith ra dio w ithin 30 mile s of th e V est ri s an d which sa iled aw ay be ca us e it did no t re ce iv e th e S O S si gn al s of th a t doom ed vessel. We are to ld th a t th a t sh ip w as so near to th e V es tris th a t it mig ht ha ve sa ve d al l * * *” (S. Ke pt. 106, 

p. 2 ). [E m ph as is su pp lied .] (<Z) The reas on Con gr es s to ok th is ap pr oa ch is obvio us. Ve sse ls en te ri ng th e open se a fa ce th e sa m e dangers and ca n pr ov id e th e sa m e co ntr ib ution to a com­ mon ne tw or k of ve ssels , k n it to get her by ra di o, fo r m utu al as si st an ce in em er ­ ge nc ies. Th e Hou se r eport o n th e sam e leg is la tion n oted t h a t— “* * * a co ns id er ab le num ber of sh ip s op er at in g in co as tw ise serv ice which 

a t pre se nt are no t re quir ed by eit her th e la w or th e tr e a ty to be eq uipp ed w ith 

ra di o. Th ese sh ip s go to sea, fa ce the sa me da ng ers, an d arc av ailable as li fe ­

bo ats to di st re ss ed ve ssels , in th e same m an ne r as thos e re quir ed by law to carr y ra di o. Thi s bi ll re m ed ies th is i nc on sisten cy * * *.

“T he se s hi ps c ru is e in th e op en sea an d fa ce th e sa me da ng er s as thos e in in te rnat io na l v oy ag es ” (I I. It ep t. No. 686 (on Publ ic L aw No. 97, S. 5 95) Ap r. 23, 1937, pp. 2, 4. 75 th Cong., 1 st s e ss.) . [E m pha si s su pp lie d. ] (e ) Co verag e or ex em pt io n from th e ra dio re quir em en ts were ba se d on the hazard s en co un te re d on th e ro ute of th e v oy age, th e ci rc um st an ce s of the v oy age, an d oth er co nd itio ns of th e sa m e n a tu re ; th u s vo ya ge co ns id er at io ns , no t the nauti cal mile ag e lim it ati ons, w er e pri m ary in th e ex em pt io n prov ision Con gr es s plac ed in th e ac t. sinc e th e Co ng ress ha d be fo re it th e fa cts of th e Mo rro Ca stl e

d is ast er which ha d occ urr ed we ll w ithin th e 20- an d 150-m ile lim its , an d in fa ct 

w ithin s ig ht of l an d : “T he propo sed le gis la tion p ro vide s— “ (2 ) T h at th e Com miss ion m ay e xe m pt sh ip s or mak e bl an ket ex em pt io ns of clas se s of sh ip s if it co ns iders th a t th e ro ute or th e co nd iti on s of th e vo ya ge or oth er ci rc um stan ce s ar e su ch as to re nder a radio in st allation un reas on ab le or unn ec es sa ry * * ♦” (I I. Rep t. No. 686 (on Pu bl ic Law No. 97, S. 595 ) Apr. 23, 1937, p. 5. 75th Cong., 1st se ss .) . [E m ph as is su pp lie d.] 4. In te rn ati onal tr e a ty st andard s wer e m et—a nd ra is e d : Th e Saf et y of Life a t Sea Co nv en tio n, Lo nd on , 1929, had prov id ed Con gr es s w ith gu id an ce on th e co ve rage (to co mmen ce w ith 1,600 gros s to ns an d up) an d ha d in dic at ed co ndi­ tion s re le va nt to e xe m pt io n (S afe ty C on ve ntion, Lo nd on , 1929, art s. 26 and 28 ). Co ngres s, ho wev er, had ta ken th es e co nv en tio n re quirem en ts fo r in te rn ati o n al voyages , an d in P ublic Law 97 ap plied them t o c oa st w is e voyages, as w e ll : “T he 1929 co nv en tion (S afe ty o f Life a t Sea Co nv en tio n. Lo ndon, 1929 ) ap pl ie s on ly to ve ssels em ploy ed in in te rn ati onal vo ya ge s * * ♦” (S. Re pt. No. 196. r. 1). “T hi s bil l has ta ken fro m th e 1929 Co nv en tio n on Saf et y o f Life a t Sea th e p a rt th er eo f re la ti ng to ra dio a nd has so ug ht t o ad ap t it to o ur ci rc um st an ce s and our re qu irem en ts. You r co mm itt ee ass ert ge ne ra lly th a t we ha ve w ri tt en in to th e bill th e st an d ard i o f th e wo rld , th a t in som e re sp ec ts we ha ve ra is ed su ch sta n d ­ ar d? , an d we ass ert , un qu alifiedly th a t we ha ve im m ea su ra bl y lift ed th e sta n d ­ ard s of pre se nt U.S. l aw ” ( S. Re pt. No. 196. p. 3 ). 5. D ur in g th e flo or de ba te in th e Sen at e on th is bil l. Sen at or Co pe land un d erscored tw o {x iint s:

(а ) Th e b ip art is an n atu re of t he le gi slat io n, a nd (б ) The safe ty p ur po se of th e b ill:

“M r. Copelan d. * * * A fu ll ag re em en t was re ac he d by all p art ie s in 

in te re st; and by un an im ou s vo te of th e co mm itt ee it w as reco m men de d 

th a t th e b ill be re po rted f or th e c ale ndar a nd be pa ssed . “T he bi ll prov ides, as th e Sen at or fr om A rk an sa s has sa id , fo r c a rr y ­ in g o u t th e co nc lusio ns of th e In te rn ati o n al Co nv en tio n fo r th e Saf et y of Life a t Sea . It pr ov id es fo r ra di o on ships, so t h a t in c ase o f dis ast er
40 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

or distress th ere may be communication. The bill is in the public inte res t 

and cer tainly is in the interest of the preserva tion of human life * * *” 

(81 Congressional Record, p. 2465 (1937)). [Emphasis supplied.]

6. The floor debate in the House concerned itself, among other matters, with 

the exemption and coverage of various classes of vessels. House Merchant Marine 

Committee chairman. Congressman Bland, replied to an inquiry a s to j us t which 

ships were refe rred to in the coasta l trad e, as follows:

‘•Mr. Barden. Mr. Speaker, reserving the righ t to object, may I ask the gentleman from Virginia to explain just what boats this refers to in the coastal trade?

“Mr. Bland. As to fre igh t vessels, they must be of 1,600 gross tons, and as to 

passenger vessels, affected. It does not affect any boats on the bays or inland 

waters” (81 Congressional Record, p. 4134 (1937)). [Emphasis supplied.]

II. The More Recent Legislative History

Public Law No. 584 ( 83d Cong., 2d sess.), reveals the following fac tual 

hi stor y:

(1) As to Senate bill 2453: A recent session of Congress, the S3d Congress, 

2d session, had before it S. 2453, Amendments to Communications Act Requiring 

Radio Equipment and Radio Operators On Board Ships (approved Aug. 13. 

1954, Public Law 584. 83d Cong., chs. 7 to 9, 2d sess., 50 Stat. 192). During 

the course of considera tion of S. 2453, Congress reviewed, again found valid, 

reaffirmed, and furth er extended the previously expressed congressional inte nt 

relative to ship ra dio requ irem ents of Public Law 97, as to—

(a) Purpose—safety .

(b) Method—through covering coastwise voyages a s well as internatio nal 

voyages.

(c) Reason—same haz ard s faced, in common safe ty network needed, by 

ships in open sea.

(d) Coverage or exemption—voyage conditions, route, circumstances.

(e) Treaty standard s—met an d raised.

(/ ) Bipartisan nature—passed unanimously in both House and Senate.

This is amply explained in identical wording in both Senate and House reports 

on S. 2453:

“In 1929, an Int ern ational Safety of Life a t Sea Conference was held in London 

at which time a compulsory ship radio formula was developed covering certain 

classes of ships engaged on intern ational voyages. * * *

“The convention was ratified by the United States in 1936, and in 1937 the 

Congress amended the Communications Act (mainly the addition of pt. II to 

title II I) so as to implement th e provisions of the convention. This amendment 

also went beyond the radio provisions of the convention of applying higher 

technical radio standard s to U.S. vessels and to foreign ships of nonconvention 

countries when departing from ports of the United States for a voyage in the 

open sea, regardless of whether such voyage was internatio nal or not. In consequence, the new legislation covered vessels on coastwise domestic voyages as 

well as those engaged on intern ational voyages * * *.

“The amendments contained in this bill (S. 2453) are sim ilarly designed to 

raise ship radio safety requirem ents for U.S. ships on domestic ocean voyages 

and for foreign nonconvention ships departing from U.S. ports by bringing 

them in line with those now specifically internation aliz ed by the 1948 Safety of 

Life at Sea Convention. The prin cipal effect of the legislation would be to 

insure th at vessels engaged in domestic ocean voyages would comply with safety 

radio requirements no less effective tha n those applicable to ship s engaged in 

internatio nal voyages” (S. Rept. No. 1583 (June 11. 1954), p. 2, and H. Rept. 

No. 2285 (Jul.v 19, 1954), p. 2).

(2) S. 2453 implemented and exceeded the provisions of the London convention of 1948: The 83d Congress adopted S. 2453 amending the Communications 

Act of 1934 to implement and to exceed the Intern ational Convention on Safety 

of Life at Sea. London. 1948. which had previously been ratified by the Senate. 

How does th is 1948 safety convention approach exemptions?

(a) Regulation 3 of chapter III. “Life Saving Appliances, etc.” of the 1948 

convention st at es :

“Exemptions— (or) Each Adm inistration, if it considers that the sheltered

natur e and conditions of the voyage ar e such as to render the application of 

the full requirements of this Chapter unreasonable or unnecessary, may to that 

extent exempt from the requirements of this Chapte r individual ships or classes 

of ships belonging to its country which, in the course of the ir voyage, do not 

go more tha n 20 miles from the neare st land.” [Emphasis supplied.]
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 41

As was established in the body of this statement, vessels are hardly engaged 

in making voyages of a sheltered natu re when navigating between Hawaiian 

ports.

(b ) Regulation 5 of chapter IV, “Radiotelegraph and Radiotelephone” of the 

1948 safety convention reads :

“Exemptions from Regulation 3 ‘(o ) The Contracting Governments consider 

it highly desirable not to deviate from the application of Regulation 3, nevertheless each Administration may gra nt to individual passenger and cargo ships belonging to its country exemptions of a partial and/ or conditional nature, or complete exemption from the requirements of Regulation 3.’ (The Regulation 3 

referred to is the 1948 safety convention requirement for radiote legraph. )

“ (b ) The exemptions permitted under paragraph (a ) of this Regulation shall 

be granted only to a ship engaged on a voyage where the maximum distance of 

the absence of general navigational hazards, and other conditions affecting safety 

are such as to render the full application of Regulation 3 unreasonable or 

unnecessary.

“ (c ) Each Administration shall submit to the Organization as soon as possible 

afte r the first of Ja nua ry in each year a report showing all exemptions granted 

under su bparagraphs (a ) and (b ) of this Regulation during the previous calendar 

year.” [Emphasis supplied.]

It is well to observe the general principle tha t it is highly desirable not to 

exempt from safety at sea requirements, as set forth in subparag raph (a ) above.

Note also that though mileage limitations were dropped in the Convention 

(though not in the Communications Act, as shown lie raf ter ), the absence of 

general navigational hazards along the route of the voyage is retained.

(3 ) S. 2453 specifically deals with the classes of vessels embraced within the requirements of law. The very question of what classes of vessels shall be 

equipped with radiotelephone and what classes with radiotelegraph was considered, and Congress set forth precise provisions in that regard in S. 2453. The 

bill, as adopted, made the following provisions:

(a ) Radio requirements were extended, by amended section 3 5 1 (a )( 1 ), to 

cargo vessels of 500 gross tons and over which “leave or attem pt to leave any 

harbor or port of the United S tates for a voyage in the open sea.”

(ft) Section 3 54 (a ), renumbered as new section 3 55 (a ), was reworded so that 

the radio installation required by section 3 5 1 (a )( 1 ) was required to comprise 

“a main and an emergency or reserve radiotelegraph installation,” reaffirming the 

previous meaning and intent of the law that radiotelegraph equipment, operators, 

and watches provides the firmest foundation for safety at sea through radio.

(c ) For cargo ships between 500 and 1,600 gross tons, the radiotelegraph requirements were made optional, and such vessels were permitted to carry a radiotelephone installation in lieu of radiotelegraph (sec. 356 ).

(d ) These provisions were enacted to carry out the following obligations of 

the 1948 safety convention :

“The change in paragrap h (1 ) of section 35 1( a) of the act is designed to 

carry out the requirement contained in regulation 4, ‘Radiotelephone installat ion’ 

of chapte r IV, ‘Radiotelegraphy and radiotelephony,’ of the 1948 convention” 

(S. Rept. No. 1583, 83d Cong., 2d sess. (195 4) p. 1 2).

Tha t regulation reads a s foll ows:

“Radiotelephone Insta llati on—Cargo ships of 500 tons gross tonnage and up­ wards but less than 1.600 tons gross tonnage unless fitted with a radiotelegraph installation complying with the provisions of Regulations 9 and 10, shall, provided they are not exempted under Regulation 6, be fitted with a radiotelephone 

installation complying with the provisions of Regulation 15” (Reg. 4, ch. IV, 

of the Safety of Life at Sea Convention. London. 1948 ).

It is thus clear tha t neither the Congress nor the 1948 safety convention is 

silent on which class of vessels shall operate with radiotelephone and which shall be required to carry the full radiotelegraph installation and a qualified radio 

operator.

RADIOPHONE VERSUS RADIOTELEGRAPH ( F UR THER LEG ISLATIVE HISTOR Y

During the hearings on S. 2453 ( 83d Cong. 2d sess.. March 16. 1954 ), the 

Congress was alerted to the drive against the existing radio sea safety network, 

aimed at destroying this system. The ARA first learned the extent of these steps tha t were being taken to undermine sea safety radio stan dard s while investigating a sea tragedy tha t occurred 

late in 1951, ironically enough, on the Pacific coast. Reference is made to the
42 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

tragically unnecessary loss of 19 lives when the U.S.S. Benevolence collided with 

the SS Mary Luckenbaeh. The ARA always submits the radio “side” of every sea disaster to careful and close analysis. This is done in the public interest to provide for radio officers, whose business it is to use improved safety practices and procedures, all of the facts relatin g to a parti cula r disaster at sea. 

Investigation of the Benevolence disas ter revealed these tragic fa ct s: 1

(1 ) Distress signals had been transmitte d from neither of the two vessels, on 

500 kilocycles: (a ) In the case of the Navy hospital ship, U.S.S. Benevolence, the personnel 

and practices employed by them were apparently inadequate and were the subject 

of a separate investigation by the U.S. Navy. (ft) In the case of the cargo vessel, SS Mary Luckenbaeh, the master had 

failed to order transmission on 500 kilocycles (th e international distress frequen­ cy guarded by every merchant vessel), of distress, safety, or urgent signals, despite the requirement of maritime and radio law (e.g., sec. 35 7( a) of the 

Communications Act). (c ) In the public hearings which followed, the radio officer, Mr. Ernest Travis, was found to have complied fully with the requirements of the law. He had gone on watch in the radio room immediately following the collision and awaited such orders from the mast er (pur suant to sec. 357 of the Communications Act and Rule No. 8.173 of the Commission’s Rules and Regulations). The master 

of the SS Mary Luckenbaeh had failed to order the transmission of any radio 

signals to give all ships in the vicinity the following vital information— (1 ) That there had been a collision in fog off the Golden Gate, entrance 

to San Francisco h arbo r: (2 ) That the other vessel in the collision might be in distress or out of control (thereby constituting a menace to other shipping) ; (3 ) That survivors might be struggling to stay afloat in the icy w aters off 

the Golden Gate, as they were. (2 ) Why this failure to observe the code of the sea? (a ) Investigation disclosed that the master of the Mary Luckenbaeh had apparen tly disregarded the normal channels of the sea safety radio network and had failed to order these signals due to reasons best summed up in one wo rd: Radiotelephone. The sea safety network tha t has saved tens of thousands of lives in the past 50 years, was bypassed because of concerted efforts to destroy 

th at network. (1 ) It seems t hat the master of the Mary Luckenbaeh had merely gone to the 

radiotelephone installed on his vessel and called the office of his company. He gave them the details about the collision tha t related to his vessel alone. Due to the dense fog, he had no knowledge of the plight of the other vessel, its crew or passengers. Though she was a Navy hospital ship, fortun ately the Benevolence was not carrying sick or wounded—she was on her shakedown cruise following reactivation. Otherwise the casualties might well have been stagger­ ing. The tragic toll to radiotelephone was the loss of 19 lives—19 who might easily have been picked up by numerous ships in the busy San Francisco ap­ proaches, had the proper radio signals been ordered sent. (2 ) While other steamship companies, including some Pacific coast steamship operators, had properly installed radiotelephones as an integra l par t of th e ship radio station, it was learned th at the Luckenbaeh Steamship Co. had installed radiotelephone equipment aboard their vessels outside of, and apa rt from, the regu lar ship radio station. The inten t was not to integrate this equipment into 

the ship radio station.

(3 ) After the Benevolence tragedy, ARA discovered tha t simila r steps were 

being taken by certain other steamship companies. In the inte rest of safety at sea, ARA insisted tha t the artificia l separation of radiotelephone equipment from the regular ship radio station be ended at once. (4 ) In June 1953, identical clauses were included in all collective-bargaining 

agreements between ARA and every one of the various associations of steamship 

companies, which provided for the integration of the radiotelephones into the regu lar ship radio stations, thereby insuring proper operation by qualified radio 

officers. Matson was and continues to be party to these very contract clauses. Now, Matson, through its present efforts for this bill, is attem pting to make an “end run ” around its agreement. ARA has reason to believe th at in doing so,

1

 The subcommittee is respectfully requested to “judicially note” the hearings before the U.S. Coast Guard and the U.S. Navy rela ting to this major disaster.
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 43

Matso n is m er ely “c arr yin g th e ball” fo r th e oth er co m pa ni es wh o hav e ap p ar­ en tly no t ab an do ne d th eir cy ni ca l pr og ra m again st se a sa fe ty th ro ugh radi o, 

de sp ite t he req ui re m en ts o f law . Th e AR A re ce nt ly de sc ribe d th es e ef fo rts to Con gress a t th e h eari ng on S. 2453, 83d Co ng ress, 2d ses sio n, M ar ch 16, 1954, be fore th e Com m un icat io ns Su bcom ­ m itte e of th e Sen at e In te rs ta te an d Fo re ig n Co mm erc e Com mitt ee . AR A Tec h­ ni ca l D ir ecto r M. H. S tr ic hart z, sp ea kin g on beh al f of AR A and oth er m ar itim e 

un ions , st ate d t h a t : “R ad io officers and all oth er se am en ha ve am pl e re as on to kn ow —not ju st to su sp ec t, but to kn ow —th a t sh ort si ghte d elem en ts in th e m ari ti m e in dust ry ha ve be en exert in g pre ss ure s to re tu rn us to the co m bi na tio n m at e- ra dio oper at or of 20 yea rs ago. As re ce nt ly as la st Ju n e ra di ot el ep ho ne s w er e be ing br ou gh t ab oar d th e sh ip s, ar tifi ci al ly s epara te d fr om th e re st o f th e sh ip r ad io s ta ti on. Th ey w er e be ing pl ac ed on th e navig ati ng bridg e or in th e clia rtro om or in th e capta in ’s office, and so meti mes in his roo m, an d th e ex tr a duties o f oper at in g the m a s du pl i­ cat e ra dio st ati ons w er e be ing fo rc ed onto m ast ers an d oth er lic en se d de ck of ­

fic ers as co mbi na tio n jobs . “A s a re su lt o f th e comm on des ir e of both ra dio officer an d d ec k officer g ro up s— att est ed to in th e ex ch an ge of le tt ers * * * th a t ef fo rt to tu rn ba ck th e clo ck of sea sa fe ty was de fe at ed . Rad ioph on es , whe n th ey com e ab oa rd , are being in te ­ g ra te d no w in to th e re gula r sh ip ra dio st ati on w he re th ey are pr op er ly op er at ed by th e ra di o offic er to se rv e th e sa fe ty , na vig at io n, bu sine ss, an d co mmun ications ne ed s of th e vesse l. I f th is had no t been done, th ere wou ld ha ve develop ed a si tu ati o n un der which th e sh ip wo uld ha ve had tw o ra di o st at io ns, th e efficient on e re qu ired b y l aw b ut co st in g m ore , an d th e lim ited c om bi na tio n job oper at ed by 

th e deck officers to t he d etr im en t o f th eir o th er d ut ie s. “I t w as cl ea r th a t be fo re long effo rts wou ld be mad e to pus h th e tr ain ed ex pe ­ rien ce d ra di o officer off th e sh ip al to ge th er , re gar dle ss of w hat th a t wo uld do to th e wor ldwide ra dio net w or k. I t is hard to be lie ve th a t su ch ca llo us sh ort si ght­ ed ne ss could ex is t, but th ere w as th e econ om ic motive, th e sa ving s th a t were 

anti cip ate d on th e ra dio of fic ers ’ wages. “As a re su lt of th is re cent ex pe rie nc e, ra dio offic ers, nav ig at in g officers, an d al l ot her seam en ha ve gain ed an aw ar en es s th a t su ch pre ss ure s do ex is t an d ar e an xio us no t to le t any h ol e be br ea ch ed in th e dik e th ro ugh whic h th es e pr es su re s co uld flood to de st ro y se a sa fe ty st andard s. We w an t th es e st an d ard s kep t hig h” (h eari ng on S. 2453, 83d Cong., 2d sess., M ar. 16, 1954, p. 12 ). Th e ab ov e w arn in g w as soun de d in th e c ou rs e of h ea ri ngs on a prop os ed a m en dm en t to se ction 352(b ), a m on g o th er m at te rs . A fter hea ri ng s and co nf er en ce s on S. 2453, Con gres s recogn ize d th e vali dit y of th e ARA -R OU re quest th a t secti on 352 (b ) be l eft in ta ct an d, in Sen at e Rep or t No. 1583 an d H ou se R ep ort No. 2285, 83d Con gress, reaffir med pr ev io us ly ex ­ pres se d co ng re ss io na l in te n t re la tive to co ve ra ge of co as tw ise sh ips by ra dio ­

telegrap h.

II I. T ii e London Safety of Lif e at Sea Conven tion, 19G0

At th e mos t re ce nt In te rn ati o n al Con fe re nc e on S afe ty of Life a t Sea, he ld in Lo ndon in 1960, pr op osa ls to per m it th e us e of ra di ot el ep ho ne in lie u of ra d io ­ te le gr ap h on ca rg o sh ip s gre at er th an 1,600 gr os s to ns received sc an t su pport . Th e U.S. de le ga tio n vo ted , w ith th e ov er w he lm in g m ajo ri ty of m ar itim e nat io ns, 

to rej ec t th a t pr op os al. The 1960 SO LA S Con ve ntion merge d th e ex em pt io n re qui re m en ts fo r bot h ra di ot el ep ho ne an d ra di ot el eg ra ph, bu t re ta in ed th e la ng ua ge t h a t is hig hl y d esi r­ ab le no t to g ra n t ex em pt ions , th a t had been in th e 1948 SOLAS Co nv en tio n. It 

th en add ed n ew l a n g u a g e : “W hen de cidi ng w heth er or n ot to g ra n t ex em pt io ns to in di vi du al sh ip s, ad m in ­

is tr ati ons sh al l hav e re gar d to th e effect th a t ex em pt io ns may hav e up on th e 

ge ne ra l efficie ncy of th e di st re ss se rv ic e fo r th e sa fe ty of all sh ip s" (f ro m re gula tion 5, ch. IV. 1960 SOLAS C on ve nt io n) . [E m phas is supp lie d.) In ap pl yi ng th a t lim ite d ex em pt ion au th o ri ty , th e Co mm ission in th e p ast , an d in th e Mats on ap pl ic at io n, cl ea rly recogn ize d th e ab ov e co ns id er at io ns . It s con­ sc ie nt io us ad her en ce to th e in te n t of C on gress is reve aled by th e anal ysi s, below , of pri or de cision s by th e Com miss ion on ap plica tions fo r ex em pt io ns un der 

section 352(b ).

TH E AP PLICAB LE LA W

Sho rtly a fte r th e pa ss ag e of Pub lic La w 97, th e Co mm iss ion w as flo oded w ith ap plica tions w hi ch so ug ht a “loo se” in te rp re ta ti o n of section 352(b ), Ex em p-
44 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

tion s were so ug ht fr om the ra di o pr ov isio ns of th e ac t fo r ve ssels of ov er 1,600 

gros s tons , in th e coas tw is e tr ad e.

(1 ) In m att er of A tlan tic Re fin ing Co. (d oc ke t 4856, 5 FCC Rep. 104 (193 8) , 

p. 10 5), th e Com miss ion rec og nized th e “lim ited di sc re tion giv en us by C on gr es s.'’ 

The h ea dn ot e of the official re por t s ta te s :

“* * * th a t w her e no m ate ri al sh ow ing is mad e to dis ting ui sh th e oper at io n 

of the vessel fr om th e ope ra tion of th e who le gr ou p of vesse ls to which th e la w s 

apply , th e Com miss ion has no ba sis fo r th e ex er ci se of its limited a uth ori ty to 

g ra n t ex em pt io ns ” (p. 10 4). [E m ph as is su pp lie d.]

Th e Co mmiss ion fo un d th a t al l th e nor m al haza rd s of oc ean navig at io n are 

pre se nt in t his c oa st w is e op er at io n, an d it w as th er ef ore prec lude d from gra nti ng 

t he ex em pt ion so u g h t:

“F or th e pu rp os es of th is ap pl ic at io n, th en , we m ust co ns ider th a t th e ro ute 

nav ig at ed by th is ve ssel lies alon g pra cti call y th e enti re leng th of th e east co as t 

of th e United S ta te s fr om Miam i to Bo sto n. The op er at io n ov er th is ro ute is 

no t seas on al, bu t is co nd uc ted a t an y tim e of th e ye ar , so th a t th e vessel may be 

ex pe cted to en co un te r any w ea th er co nd itio ns th a t oc cu r alon g th is co ast.

“We do no t fe el th a t it is ne ce ss ar y to ente r into a disc us sion of th e hazard s 

in here nt in co as tw ise navig at io n alon g th e A tlan tic co as t ot her th an to st ate 

th a t th e reco rd discloses th a t a t le as t al l no rm al ha za rd s of ocean navig ationar c pr es en t ov er th e ro ute nav ig at ed by th is v ess el: no r do we dee m it ne ce ss ar y 

to dw ell up on th e val ue of a ra dio in st all ati on as a m ea su re of sa fe ty to oth er 

sh ip pi ng . Th e ap plica nt h as off ere d not hi ng to di st in guis h th e op er at io n of its 

ve ssel fro m th e op er at io n of th e gre at num be r of ve ssels no rm ally plyi ng in th e 

co as tw is e trad e, an d we, th er ef ore , ha ve no ba sis fo r th e ex er ci se of the lim ite d 

dis cr et io n giv en us by Con gr es s (p. 105). [E m ph as is su pp lie d.]

In d en yi ng th e ap pl ic at io n, th e Co mm iss ion con clu de d :

" I t is ou r co nc lusio n th a t th e ap plica nt has no t pr es en te d fa cts sufficie nt to 

w a rr a n t th is Co mm ission in fin ding th a t the ro ut e an d co nd itio ns of th e voy age , 

or oth er circ um stan ce s, are su ch as specified in th e Con ve ntion an d in th e a c t” 

(p. 10 6).

(2 ) In m atter o f Bou ch ar d Tra ns por ta tion Co., In c. (5 F.C .C. Rep t. 163 (19 38 ), 

Doc ke t No. 488 7), th e Co mmiss ion ag ai n ac kn ow led ged th e co ng ress iona l in te nt 

to in cl ud e co as tw ise ve ssels in th e in te rn ati onal ra dio te le gra ph sa fe ty ne tw ork. 

In do in g so, i t s ta te d :

“W ith re sp ec t to ass is ta nce to oth er vesse ls, i t w as pl ai nl y th e in te ntion s of Congr es s to increase sa fe ty of life a t se a by in cr ea si ng the effectiven ess of r ad io. To 

ac co m plish th is pu rpos e, Con gr es s not only pr ov id ed fo r th e in sta ll ati on of sa ti sfa cto ry ra dio eq uipm en t, but pr ov id ed fo r th e ne ce ss ar y co ro llar y, name ly, m ai nte na nce of a co ntin uo us list enin g w at ch on ve ssels so eq uipp ed . Th er efor e, the

ex em ption of an y ve ss el op er at in g in no rm al ocean trad e re m ov es one unit fr om

th e to ta l of ve ssels m ak in g up th e pote ntial sa fe ty fa cto r co nt em pl at ed by the

ac t” (p. 16 4). [E m ph as is su pp lied .]

The Co mm iss ion then fo un d th a t it could no t g ra n t an ex em pt io n to a ves sel 

which sa il s in th e no rm ally hazard ous co nd iti on s of a co as tw is e r u n :

“W e fin d th a t ha za rd ous co nditio ns fr eq ue nt ly oc cu r in th is are a (A tlan tic 

coast ).

“Fr om a fu ll co ns id er at io n of th e ex am in er ’s re port , th e re co rd , an d th e ex ­

ce ptio ns and ora l ar gum en t of co un se l, we ha ve re ac he d th e co nc lusion th at the 

ope ra tion s of th is vesse l are no t su bst anti all y dif fe re nt from th os e to wh ich

Co ng res s intended, th e ac t to ap pl y, an d, th a t th e ro ute an d co nd itio n of th e 

voyages, or oth er circ um stan ce s, a re not such as w a rr a n t an ex em pt io n of th e 

ve ssel” (p. 1 65 ). [E m ph as is sup pl ied. ]

(3) M att er of Eas tern Ste am sh ip Lin es , In c. (5 F.C .C. Rep t. 166 (193 8), 

Doc ke t No. 48 57 ), is an oth er ca se in whi ch th e Co mm iss ion re ac he d th e co nclu sio n th a t co ng ress iona l in te n t w as not to ex em pt b u t to incl ud e co as tw ise 

shipping , w ithin th e ra dio re quir em en ts of tr eaty an d st atu te .

In c on clud in g th a t th e ap pl ic an t in th a t ca se fai le d t o m ak e a suffi cie nt sho wing 

th a t th e re qu irem en ts of a ra dio in sta ll ati o n on th e ap pli cant’s ve ss els w as un ­

ne ce ss ar y or un re as on ab le fo r th e pur po se s of p a rt II of ti tl e I I I of th e ac t, the 

Co mm iss ion s ta te d :

“Th e pri nci pal co nten tio ns of th e appli cant was th a t th e c oas t is well supp lie d 

w ith ai ds to n av ig ati o n ; t h a t ha rbor s of re fu ge are fr eq u en t; th a t th e ti m e sp en t

in th e open sea is co m pa ra tive ly sh o rt; an d. th a t th e ra dio in sta ll ati on is un ­

ne ce ss ar y as an ai d to ot he r sh ip pi ng fo r th e reas on th a t th e ve ssels follo w well 

trav el ed st ea m er la ne s whe re oth er c ra ft co uld be of mor e as si st an ce be ca us e of 

th eir s up er io r spee d an d ac co mmod ati on s.
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 45

"W e do no t see th a t th es e co nd itio ns or ci rc um st an ce s are pec uli ar to the ve ssels in qu es tio ns , an d if th ey w er e to be ad op ted by th is Co mmiss ion as th e 

ba sis fo r ex em ptions , th e re su lt wou ld be to re m ov e th e re qui re m en t o f radio in

re sp ec t to a- lar ge n um be r o f co as tw is e stea msh ip s. Thi s, w e ar e ce rtai n, tea s no t

th e in te ntion of Co ngres s" (p. 16 7). [E m ph as is su pp lie d. ]

In th e Oliv er J. Olson Com pa ny (a pp lica tions X -5 49 x- 55 4) , th e Co mm iss ion 

had be fo re it ex em ption ap plicati ons in wh ich th e sa m e tr ade, si m il ar sh ip s ca rr yin g th e same ca rg oe s on vo ya ge s w ith th e sa m e co nd itio ns , ro ute an d ot her ci rc um st an ce s were inv olved as a re inv olv ed in th e in sta n t ap pl ic at io n. In 

de ny ing th es e ap plicatio ns , th e C om miss ion no ted : "2. The ap pl ic at io ns show th a t th e vessels carr y lu m be r pro duct s an d woo d pu lp be tw ee n po rts in W as hi ng to n, Orego n, an d C a li fo rn ia : th a t th eir ro ute s are 

ra re ly mor e th an 7 m ile s an d never mo re th an 2a m ile s fr om la nd * * *. [E m ­

phas is su pp lie d.] "6. Ve sse ls, su ch as th e in sta n t vessels , en ga ge d in th e w es t co as tw is e lumbe r tr ad e ha ve he re to fo re been th e su bje ct of ap plica tions fo r ex em ption. In M atter

of W es te rn T ra ns po rt, et al, D ock et No. 4774, et al., 5 P.C .C. 168, (19 38) th e Co mmission de nied ex em ption to su ch ve ssels aft e r fin ding th a t th e ro ute s an d co nd i­ tion s of th e voyages of th e ve ss el s w er e no less ha za rd ous th an in th e ca se of an y oth er co as tw ise vessels , and st at in g, a t pa ge 173, th a t th es e gr ou ps o f ve ssels sh ou ld * * * be re qu ir ed to fill th e ir plac es in th e ge ne ra l sche me to pr ov id e in ­ cr ea se d sa fe ty by in cr ea si ng th e nu m be r of vesse ls in st antl y a vai la ble a s po te ntial 

life boa ts * * *. "8. Th e ap plica nt has not m ad e or at te m pte d to mak e any sh ow ing th a t th e co nd itio ns an d ci rc um st an ce s of th e vo yages or th e sh ip s a re so ex ce pt iona l th a t de sp ite co mplian ce sinc e 1937 by fo ur of th e ve ssels an d co mpl ianc e sin ce 1947 an d 1948, resp ec tiv ely, by th e re m ai ni ng tw o ve ssels , w ith th e ra dio te le gra ph re ­ qu ir em en ts of ti tl e III, p a rt II of th e ac t, su ch co mplianc e has now become un­ re as ona bl e or un nec es sa ry * * *” (M em or an du m op inion an d or de r, ad op te d 

M ar. 16, 1 955). W he n th e Oliv er J. Olso n Co. requ es ted re co ns id er at io n and he ar in gs , in den y­ ing Olso n’s re qu es t, th e Co mmiss ion shed co ns id er ab le li ght on th e his to ry an d ph ilo so ph y of th e pr ovi si ons from wh ich ap plica nt se ek s ex em ption, in s ta ti n g : ‘‘8. It ap pears th a t Olso n has misco ns true d th e ph ilo so ph y und er ly in g th e pr ov isions of ti tl e III, p a rt II of th e ac t an d th e ba si s fo r th e Com miss ion's 

de ni al of i ts a pp lica tion s.

“9. The Mo rro Cas tle an d M oh aw k m ar in e dis ast ers oc cu rred sh or t di stan ce s

of f th e New Je rs ey coast (t h e Mo rro Cas tle w as w ithi n si gh t of land an d the 

M oh aw k w as appro xim at el y 8 mile s of f th e co a st ). A se nato ri al in ve st ig at io n of 

th es e dis ast ers re su lted , am on g oth er thin gs , in a reco m m en da tio n by th e Su b­ co mm itt ee of th e S enate Com mittee on Co mm erc e fo r am en dm en t of th e Com­ m un ic atio ns Act by, in eff ect, ad di ng p a rt II to ti tl e III of th e ac t (S . Rep t. 776, pt. 2, 74th Con g., 2d sess., p urs uant to S. Res. 7. 74tli Cong., 1st se ss .). T his reco m men da tio n fina lly ev en tu at ed in S. 595 which w as en ac te d in to law in 1937 as p a rt II of ti tl e I I I of th e Com mun ications Act of 1934. In Sen at e Rep or t No. 196, 75th Con gres s, ac co mpa ny ing S. 595 it w as mad e ve ry cl ea r th a t one of th e pu rp os es of th e bill was to ass ure th e ap pl ic at io n of ra dio re quir em en ts to 

cert ain ve ss els en ga ge d in co as tw ise vo ya ge s in th e open sea as well as th os e 

enga ge d on in te rn ati o n al vo yages. Ve ssels on th e la tt e r type s of vo ya ge s w er e alr ea dy re quir ed by re as on of th e In te rn ati onal Co nv en tio n fo r th e Saf et y of Li fe a t Sea , 1929. to comp ly w ith spe cified ra dio re qu irem en ts. Thu s, th e re port 

s ta te d : “ ‘In th is bill * * * an en de av or ha s bee n m ad e to ap pl y th e re quir em en ts 

of th e co nv en tio n to our do mes tic sh ip ping so fa r as ve ssels which go in to th e

open s ea are co nc erne d * * [E m pha si s s up pl ied. ]

“T he r eport g oe s on : “ ‘Tod ay th ere a re pr ob ab ly 600 or mo re sh ip s of th e U ni ted S ta te s of su b sta n ­ ti al to nna ge carr y in g man y pe rs on s as pa ss en ge rs an d crew s, which , n eit h er by ou r law no r th e co nv en tio n a re re qui re d to carr y radi o. No mor e poin te d il lu s­ tr ati o n of th e d anger an d of th e trag ed y of th is in ad eq ua cy of law ca n be fo un d th an in th e fa c t th a t th ere w as an American sh ip no t re quired to be eq uipp ed 

w ith ra dio w ithin 30 mile s of th e Ves tr is and which sa ile d aw ay bec au se it did 

no t rece ive th e S O S si gn al s of th a t doo med vesse l. We are told th a t th a t sh ip 

was so n ear to t h e V es tr is t h a t it m ig ht h av e sa ve d al l.’

“10. The Hou se re por t (R ep t. No. 686, 75tl i Cong.. 1s t se ss .) on S. 595 st ate d 

th e pr op os iti on co ncise ly as foll ow s:
46 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

“ ‘The 1929 convention applies only to vessels employed on inter natio nal voyages. The United States has a very large and important merchant marine engaged in purely domestic shipping . There remain, therefo re, a considerable number of ships operating in coastwise service which at present are not required by 

either the law or the trea ty to be equipped with radio. These ships go to sea, 

face the same dangers, and are avai lable as lifeboat s to distress vessels, in the 

same manner as those required by law to carry radio. This bill remedies this 

inconsistency.

“ Thu s the congressional intent was clea r that ships over 1,600 gross tons sa iling in the open sea whether on coastwise voyages or on intern ational voyages 

should constitute a pool of mutual assist ance whose effec tiveness would be in

dire ct ratio to nu mber of v essel s participa ting therein. It was evident, however, 

tha t minimum uniform ity in the radio equipment of these vessels was necessar y 

if the plan of mutual assis tance was to be c arrie d into force . So far as direc t 

response of one vessel to another vessel’s distress signa l is concerned, it does no 

good for the distressed vessel to transmit the distress signal by radiotelegraphy 

on one channel, when its potential rescuer is listening on another radio channe l 

for a radiotelephone signa l, and by the same token, a distress signa l tran smitted by radiotelephone on one channel will not be heard by another ship 

listening for a radiotelegraph distress signal on a different channel.

“ 11. Tit le II I, part II of the act expressly recognizes this principle of minimum 

equipment unifo rmity and specifies that vessels of 1,600 gross tons and over must 

be unifor mly equipped f or parti cipat ion in a radiotelegraph safe ty system. The 

Commission has consistently applied this principle of minimum unifo rmity to 

all ships which are members of the radiotelegraph safe ty system. Eac h such 

ship, which is regularly navi gate d in the open sea, is compelled to meet requirements so long as circu msta nces indica te tha t its permanent partic ipation in 

summoning or rendering assis tance would be of substanti ally normal value to 

the system and so long as inherent size, space, or design limitatio ns did not 

render its partic ipatio n pecu liarly impra ctical or impossible. The necessity for 

a principle of equal treatm ent for all such ships similarly situa ted is obvious in 

the absence of any method of determining in advance which ship in the system 

mig ht at a ny given instant be required to give or receive assist ance.

“18. In the light of foregoing precedents, explanation, and legis lative history, 

we turn to the Olson alleg ations. The Olson vessels are over 1,600 gross to ns ; 

they are engaged in coastwise voyages in the open s ea ; they navi gate in waters 

also navi gate d by other oceangoing radiotelegraph equipped ves sels; they are 

vessels which now con stitute a part of the radiotelegraph mutual assis tance pool

which Congress contemplated in the enactment of title II I, part II . There is no 

showin g or, indeed alleg ation , tha t other radiotelegraph equipped vessels cannot 

or should not depend upon the Olson vessels for direct response to distress 

sign als in the same way as other larg e vessels subject to titl e III, part II . 

Conve rsely, Olson has not shown or alleged that the safe ty of its vessels and 

lliei r crew members would not be enhanced by reason of its abi lity to summon 

aid dire ctly from other large vessels also equipped with radiotelegraphy. In 

short, althou gh full y explain ing the usefulness to it of radiotelephony, Olson 

has failed to show why the effective ness of the congression ally created radiotelegraph safety system which depends upon univ ersality, would not be unreasonably and unnecessarily impaired if its vessels were excepted therefrom. 

* • * » ♦ * *

“20. Olso n’s petition for rehearing remedies none of the defects of its original 

request for exemption. Instea d it makes clear its fail ure to comprehend the 

statutor y scheme of marine saf ety create d by titl e II I, part II , for ships like 

its own.

“21. Thu s, the only facts it again alleg es in support of its request for exemption a re :

“ ‘ (i) the vessels operate at all time s with in 25 mil es of the Pac ific coast, 

along which an efficient network of coastal harbor radiotelephone stations is 

mai ntained.’ Bu t it has been demonstrated that one of the prim ary purposes 

in enactmen t of title II I, part II was to insure the direc t participa tion in the 

radiot elegraph safety system of vesse ls of 1,600 gross tons or over which engage 

in coastwise voyages” (memorandum opinion and order, adopted Nov. 25, 1955). 

[Em pha sis supp lied.!
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 47

In Matter of Western Transport Co., et al., 5 F.C.C. Rept. 168 (1938), Docket No. 4774, et al., 28 shipping companies filed application in behalf of 57 vessels plying the Pacific coast, for exemption from the requirem ents of tre aty and statute. Six of the vessels were used in the trad e of “fish redu ction .” Fifty-one of the vessels were “lumber schooners” (like the vessels involved in the Tenna nt petitio n). Although applicants in the Wester n Transport case sta ted that i f the “exemp­ tion” application were granted, they would continue to mainta in exis ting radio installation s and to employ qualified operators, the Commission, in denying the application, nevertheless s tated : “We have not been convinced th at the routes or conditions of the voyages, or other circum stances, have been shown to be such as to make the operations 

materially less hazardous than mig ht he expected in the case of any coastwise

vessel operating along this coast, nor that these groups of vessels should not 

be required to fill their places in the general scheme to provide increased safety by increasin g the number of vessels, instantly ava ilab le as potential lifeboats” (p. 173). [Emphasis supplied.] ______

Appendix C

Radiotelegraph & Radiotelephone; Comparison of Characteristics

For convenient comparison of the two systems by the subcommittee, we have set for th below, in parallel columns, the most imp orta nt cha racteristic s of radiotelegraph (CW) and radiotelephone (A3) systems, which later Matson hopes to substitute, in dis reg ard of safety considerations and contract 

obligations: 1. Apparatus

(a) Reliability

RADIOTELEGRAPH (CW)

CW—High : Uniformly rugged and reliable, in line with the type approval 

requirem ents by FCC.

(b) Provision

CW—Adequ ate: Tech nically trained and experienced radio officer can make prom pt re pa irs; in emergency situa­ tions he can improvise to provide com­ munications, based on his high level 

of technical ability.

RADIOTELEPHO NE (A 3)

A3—Low: Most phone units abro ad voluntarily, based on price considera­ tions, with cheaper and less relia ble equipm ent predominating, since type approval not main factor.

for breakdown

A3—None: Vessel without effective communications, when breakdown oc­ curs. In emergency situation s, no re­ pairs and improvisations available , due to lack of qualified radio officer.

2. Possibility of Misunderstanding or Evasion of Responsibility

CW—Minimum: Two complete logs, kept by qualified radio officers sending and receiving messages, with no dis­ tracting “other” dutie s, minimize both 

these dangers.

A3—Extreme: Sparse and incomplete radiophone logs kept by deck officers doubling as radiophone opera tor ; their urgent “oth er” duties as deck officer are really the ir main normal function, such as maintaining lookout, making deck log entries, taking bearings, aszi- muths, sights, D.F. bearin gs, answer­ ing the ship’s inte rior phone, observ­ ing and interpreting ra da r scope pa t­ tern s, operating blinker, checking the gyrorepeaters and tak ing soundings by fathome ter, etc. Poss ibility of mis­ und erstanding spoken unrecorded words as compared to spelled out wr it­ ten wordage, increases both these 

dangers.
48 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

3. Language Barrier

(a) CW—negligible: Inte rna tional (a) A3—Absolute.

“Q” signals and abbreviations supply 

brief and rapid signals, universally understood by qualified radiotelegraph 

(>I»erators rega rdless of language. These 

“Q” signals, covering all, most fre ­

quently encou ntered maritime situations, are pa rt of the knowledge a spe- , 

cialized radio opera tor possesses. (A 

list of these Q-signals is found in ApI>endix 9, RR of Final Acts of the I nternational Telegraph Commission and 

Radio Conference, Atlantic City, 1947, 

pp. 251-E—272-E inclusive.)

(ft) Foreign accents no problem as (b) Foreign accents a severe probMorse code transmission car ries no in- lem. 

flection.

4. Operating Personnel

(a) FCC requirements

CW—High : Radiotelegraph operator 

license, 2d or 1st class, requires knowledge of basic law and adva nced electron ic theory and practice, and radio 

procedure and equipment.

A3—Absolute minimum : Low-grade 

radiotelephone ope rato r license obtainable by answering a few simple questions on basis law. Any literate person 

can prepare for license examination in 

a few hours.

(b) Experience requirements

CW—High : G months’ previous ex- A3—None,

perience required by FCC before operating aboard cargo vessels; personnel 

curren tly engaged in radiotelegraph opera ting possess 5 to 30 years ’ experience, 

on the average.

(c) Training

CW—Specialized: Radio officer require w hat has been acknowledged to be 

the equivale nt of junior engineering 

training to obtain a license and to perform dutie s under it.

(d) Accrual

CW—Con tinual: Radio officer keep 

abrea st of new developments, equipment, and practices. Because they possess basic and advanced understanding 

of subject, can fit new information, and 

results of experience into orderly pa tterns of knowledge.

A3—Sparse, if any : Most deck officers 

well trained and competent in navigation, ship handling, but not in radio 

communications.

of knowledge

A3—Superficial: Lacking basic 

groundwork in radio, the best such personnel can do is accumulate unrelated 

bits and scraps of “pra ctical” information, which they cannot correlate and 

maintain. Organic growth of a deck 

officer’s knowledge occurs in his own 

field, navigation and ship handling.

(e ) Availa bility in emergency

CW—Imm ediate: Sole duty of quali- A3—Elsewh ere: Necessary and vital

fied radio officers is to be available to duties of deck officers in emergencies are 

function in emergencies, such as dis- relative to vessel course, speed, extricattress, safety, and urgent situations. ing vessel from emergency, fighting fire, 

damage control, launching lifeboats, 

etc. This is a full program of prio rity 

activity leaving litt le time for communicatio ns essential for safety and sur-
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 49

(/) Ava ilability —approaching or leaving ports

CW—On radio watch : Radio officer 

available for communications, either in 

radio room or a t any other location necessary to facil ita te communications required for safety, navigation, and ship 

handling.

A3—Elsew her e: Deck officer must 

perform exacting navigation and ship 

handling duties to avoid collision or 

grounding, in heavy traffic and narrow 

channels at port entrances. Radiotelephone op erating would distr ac t deck officer from these vita l du ties to the detriment of his own and other vessels’ 

safety.

5. Effectiveness

The effectiveness of CW fo r sat isfactory communications is 17 decibels greater tha n voice. The reason f or this very gre at difference, which represen ts a power rati o of 30 to 1, is that w ith voice mo st of the intelligence is carried by the weak consonants and most of the power is dissipate d in the less effective vowel 

sounds. The fac ts are en tirely different with CIV where all of the power radiate d is in 

the form of useful communication. The 50-to-l power rat io mentioned above has been arrived at without con­ sidering the interference which is normal on the bands. A voice communica­ tion has to be at least 6 decibels better than all other communications on the same band in order to be intelligible ; but, if any other signal as strong as. or stro nge r than, the one being considered, is present anywhere with in 6 or 8 kilocycles, the communication is impossible. There is an entirely differen t story on CW. With highly selective receiver, a weak CW signal can be selected and copied although other signals may be much stronger ami less tha n 1 kilocycle away. As the 50-to-l power ratio is arrive d at under perfect conditions, it can be seen that this rati o is greatly 

increased as interference increases.

0. I n tellig ib il it y of T r a n sm is sio n

(a ) Effect of interferen ce

CW—Low : Unaffected by presence of A3—Severe : Curtailed by inte rfer- other signals on same o r adjace nt waves, ence from other stations on AM. (See 

in most instances. 5. “Effectiveness” above.)

Note also statem ent on interfere nce 

problem on 2-megacycle band communications by Harold F. Cary.

“In what is termed the local area (roughly north from 20° N.) our ship-to-sliip communication is always difficult. In the summer and fall months when more tha n 4,000 boats a re actively endeavoring to get the ir ideas across to each other, it is virtually impossible * * *” (symposium pape rs delivered at the RTCM spring assembly meeting, April 28. 29, 30, 1954, San Francisco, Calif., “Commu­ nications—Tun abo at Fle et,” by Harold F. Cary, general manager, American Tunaboa t Association, p. 12). Similar conditions prev ail in Haw aiian waters, 

(ft) Effect of harmonic radiations

CW—Slig ht: A qualified operator can A3—B ad : Severe inte rference from select desired signal a gains t background harmonics can make communication imof any others by tuning, supplying beat possible.

note, leaking, etc.

7. Frequency

(a) Bandw idth required

A1—Telegraphy. 0.224 kilocycles. A3—Telephony, 8 kilocycles.

A2—Telegraph, 2.724 kilocycles.

Thus radiophon e requires from 3 to 36 times more space in the crowded 

frequency spec trum tha n radiotelegraph.
50 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

(b ) F le xib il ity

CW —Good : Qua lif ied ra dio officer A3— Se ve rely lim ite d : On ly 10 pre - 

can ad ju st an d cali bra te fo r freq ue nc y. se t ch an ne ls on mo st u n it s; no one 

po ss es sing tech ni ca l abi lity to ca libra te .

( c) Se lect io n o f app ro pr ia te fr eq ue nc y

CW —G oo d: Se lection of appro pri ate A3—P oor: Li m ite d to pre se t ch an - 

freq ue nc y in med ium or hi gh freq ue nc y n e ls ; fu rth e r lim ite d by lack of qu al iba nd s by qu alifi ed ra d io officer as su re s tie d man w ith suf ficien t kn ow -how to 

re liab le co mm un ication a t al l tim es on m ak e pro pe r sel ectio n.

one or anoth er ch an ne l.

(d ) Choice of pr op ag at io n to em pl oy

CW—G ood : Qua lif ied op er at or has 

kno w-how to se le ct th e gr ou nd w av e 

tr an sm is si on or sk y wav e, ac co rd in g to 

tim e of day, se as on of ye ar , loca tio n of 

vesse l, an d de sire d p a th of tr ansm is ­

sio n.

A3—N on e: La ck of qu alifi ed opera ­

to r, an d lack of freq ue nc y and ban d 

fle xibilit y, lim its tran sm is si ons to 

gr ou nd w av e in 2 me gacy cle b a n d s; 

teleph on y in high freq ue nc y ba nd s, being larg ely sk yw av e, de pe nd s fo r su cce ss on freq ue nc y selec tio n ba se d on 

kn ow led ge not us ua lly po ssessed by 

un qu alified op er at or s.

8. P er fo rm ance R ecord of B ot h Sy st em s

CW —Exce llen t: The his to ry of m ar iti m e ra di ot el eg ra ph is an un su llie d re cord of fid elity by ra di o oper at or s, of the 

se a sa fe ty ra dio te le gra ph net w or k th a t 

has bee n grow ing to m atu ri ty du ring 

th e p ast 50 ye ar s.

A3— Ve ry poor: The re ha s be en no 

in te rn ati onal net w ork com posed of 

ra di ot el ep ho ne eq uipp ed vessels. The 

re qui re m en t fo r co mpu lso ry ra dio te le ­

ph on e eq uipm en t is on ly firs t go ing in to 

effect.

Of th e 30,000 licensees, 34.000 are 

ple as ure cr aft , in ca pa bl e of p art ic ip atin g in an y sea sa fe ty ne tw or k us ef ul 

to la rg e vesse ls, su ch as the M atso n 

ships.

“In 1048, th e m ar itim e nati ons of the wor ld conv ened in Lo ndon, Eng land , an d 

ad opt ed a new sa fe ty a t se a co nv en tio n. T h at in te rn ati onal co nference, reco gnize d fo r th e first tim e th e sh ip boar d ra di ot el ep ho ne as an in st ru m ent ca pa bl e 

of be ing us ed effecti ve ly in a m ar in e sa fe ty co m m un ication system in plac e of 

te le gr ap hy. Alth ou gh su ch ac ce pt an ce is confi ned to the sm aller cargo ve ssels ,

th e ac tion was high ly si gnif ic an t in te nta ti vely e le va tin g th e sta tu re o f tel ep ho ny 

a t se a. I use th e word “t en ta ti v ely ” be ca use in my op inion a t le as t, th e wi sdo m 

of ra is in g tel ep ho ny to th is hig her pl an e m ust be dem on stra te d by actr ial expe rien ce in its pra cti cal opera ti on as a sa fe ty co m m un icat ions sy ste m a t sea 

* * *” (sym po sium pap er s de liver ed a t th e RTC M sp ring as se mbly meetin g, 

A pr il 28, 29, 30, 1954, Sa n Fra nci sc o, Ca lif ., R ad io Tec hn ic al Co mm ission fo r 

M ar in e Service s, W as hi ng to n, D.C., “M ar iti m e Te leph on e Se rv ice Fro m th e Govern m en ta l Poin t of Vie w,” W. N. K re bs , Ch ief , M ar in e D ivision, F edera l Com ­

m un ic at io ns C om miss ion ,” p. 3 8) . [E m pha si s su pp lie d.]

“T he en fo rc em en t s ta ff of th e Com miss ion is se ve re ly lim ited in nu mbe r. Thi s 

si tu at io n, be ing di re ct ly re la te d to th e al lo ca tion of G ov er nm en t oper at in g fu nd s, 

is qu ite beyo nd t he co ntro l o f t he C om miss ion * * *” (p. 4 7).

“C on side ring th e wi de di ve rs if ic at io n of in te re st s am on g th e 39,000 sh ip sta ­

tio n lic en sees an d th e ab se nc e of an y ce nt ra lize d or nat io nal org an iz at io n of 

th es e lic en se es in th e U ni ted S ta te s th ere is ne ed fo r th e be st po ssible lead er sh ip 

in this field * * *” (p. 47) .

H as th is si tu ati on im prov ed ap pr ec ia bly ? All re port s sinc e in dic at e it ha s 

no t. T h u s :

“T he Co mm iss ion de vo ted sp ec ia l ef fo rt to an en fo rc em en t prob lem occasio ned 

by th e m isus e of radi ot el ep ho ne d is tr ess an d ca llin g freq ue nc y by sm al l bo ats . 

Su pe rfluou s co mm un ications an d unauth ori zed tr an sm is si ons ha ve been ham pe rin g th e us e of th is freq ue nc y fo r it s in te nd ed hig h-p rior ity pu rp os es * * *. 

U nfo rt un at el y, th e nu mbe r of co rr ec tive ac tion s is gre at ly ex ce ed ed by th e nu mbe r of tran sg re ss io ns. A dis re gar d fo r off icia l no tic es her al ds a re al an d difficu lt
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 51

prob lem. * * * Also, in th e ca se of sm all bo ats, th e capta in usu al ly se rv es as ra di ot el ep ho ne oper at or and has a tend en cy to igno re hi s re sp ons ib ility to keep a ra dio w at ch on th e dis tr ess an d ca llin g fr eq uen cy ” (p. 138, FC C R ep or t fo r 

Fis ca l Yea r 1959). Mo re re ce nt ly in th e Com m ission ’s la st av ai la ble annual re port , we le arn th a t th er e are now 116,090 st ati on lic en se s issu ed to sm al l bo ats, an d only “so me leve lin g off in th e nu m be r of vio la tion s * * *. How ev er, m uc h wor k re m ai ns to be done, bo th fro m an en fo rc em en t an d ed uc at io nal st an dpoin t, to al le via te th e ch ao tic co nd iti on s th a t st il l ex is t in cer ta in a re as” (p. 141, FC C Rei>ort fo r 

F is ca l Yea r 196 2). The se are th e un di sc ip line d, “c ha ot ic co nd itio ns ” th a t exis ts in th e ra dio ­ te le ph on e sy ste m whi ch m il it ate s ag ai nst w it hdra w in g ve ssels from th e di sc i­ plined , or de rly, an d eff ici ent ra dio te le gra ph sa fe ty ne tw or k, as Mats on seek s 

to do. A3 (c ont in ued ) :

“T he la rg er ve ssels th a t ha ve ha d 

ra di ot el ep ho ne in st all ati ons ha ve op er ­

ate d in a m an ner no t co nd uc ive to co nfid ence in th is med ium to da te . W hi le 

th ere ar e dou bt le ss man y ot her ex am ­

ples of fa il u re of ra di ot el ep ho ne to pro ­

vide sa fe ty , we re fe r th e Co mm ission 

to th e fo u r m ari ne ca su al ties list ed below fo r ex am pl e of t he m an ner in which 

th is med ium h as been in ad eq ua te .

RADIO PHO N E IN DIS TR ES S---- SO M E CA SE H IS TO R IE S

(7) The U.S. S. “B en ev ol en ce ’' cas e.— The co lli sion of ca rgo vesse l SS M ar y

Lu ck eribac h an d U.S. N av y hosp ital sh ip U.S .S. Ben ev olen ce , disc us sed in det ai l 

abov e, po in ts up th e fo ll o w in g : The m as te r, pr eo cc up ied w ith sh ip -h an dl in g prob lems, unders ta ndably fa iled to pe rf or m ad eq uat el y on radi op ho ne fo r sa fe ty . M as te r is, a ft e r all, not a ra dio officer bu t a de ck officer by ba ck gr ou nd , tr ain in g, an d outlo ok . I t m us t be ex pe cted th a t sa fe ty , dis tres s, an d ge ne ra l co m m un ica­ tion s wou ld d ete ri o ra te if th e su bst it uti on of a co m bi na tio n deck offic er- rad io oper at or f or th e q ua lified ra dio officer wh o now per fo rm s hi s sp ec ializ ed fu nct io ns well, were all ow ed . Su ch su bst it uti on has no t been pe rm issibl e und er U.S. law, 

nor shou ld i t be.

(2) Th e S S “Prin ce ss K ath le en” cas e.— A tta ch ed , as ap pe nd ix F, a copy of 

an art ic le by H aro ld Lockwo od, ra dio officer of th e SS H aw aiian C ra ftsm an

de sc rib es th e gr oundin g an d sink in g of th e SS Princ es s K ath le en (A RA Log, 

Ja n u a ry -F e b ru a ry 1953 iss ue, p. 13 ). We re sp ec tfully urg e upon th e su bc om ­ m itte e th e second , th ir d , fo urt h, fif th, an d ei ght h par ag ra phs, es pe cially . The y re ve al th e in ex per ie nc e of deck officer s fo r d is tr ess co mm un ication an d th eir 

pr eo cc up at io n w ith im port ant oth er duties duri ng em erge nc ies .

(3) The S S “Joao Cos ta” si nk in g. — We ha ve at ta ched as ap pe nd ix G, an a r ­

tic le by Mr. L. F. Jo sl yn , ra di o offic er of th e SS Co mp ass, on th e SS Jo ao Co sta

sink in g (A RA Log, M ay-J une 1953 iss ue , p. 25) . No te th a t su rv iv ors w er e rescue d by th e in te rn ati o n al ra dio te le gra ph sea sa fe ty ne tw or k al th ough od ds were again st th e 62 cr ew m em be rs being pick ed up. W ha t stac ke d th e card s ag ai nst th es e m en w as th e fa ct th a t th is ve ssel w as eq uipp ed w ith ra dio te le ­ ph on e. Tho ug h it w as of th e ty pe th a t could be ke yed fo r ra dio te le gra ph tr a n s­ mi ssi on , th er e w as o ne im port ant fa cto r mi ssing. The sh ip lac ke d a qu alifie d ra ­ dio officer wh o co uld ge t th e ra di ot el ep ho ne w or ki ng or wh o kn ew ho w to oper at e th e key . T his so rt of ex per ie nce wo uld be a co ns ta nt , wer e qu al ifie d ra di o officers la ck in g fr om th e se a sa fe ty net w ork ; th e ha pp y en di ng wou ld, ho wev er, 

be r ul ed out e xc ep t b y th e ra re st st ro ke of luc k.

(4 ) 8 8 “L oid e Pan am a” co llisio n.— We att ach , as ap pe nd ix IL an art ic le by 

Mr. Jo se ph T. Silva, ra dio officer on th e SS G ul ftra de on th e co lli sion of th at 

vessel w ith th e B ra zi lian fr eig hte r. SS Loui e Pan am a (A RA Log, N ov em be rDe ce mbe r 1953 iss ue , p. 33) . Note th a t th e th ir d m at e of th e SS Loid e Pan am a

was a co m bi na tio n m at e- ra di o opera to r who w as ev id en tly too bus y w ith his duties to ev en att em pt to tr an sm it sa fe ty co m m un icat io ns fo r 45 m in ute s aft er th e co llisio n. Ev en th en , his si gn al s w er e in ad eq ua te . H ad th e SS G ul ftra de

no t been ab le to supp ly ra dio te le gra ph co m m un ications in th is si tu ati on, th er e could ha ve b een se riou s loss of life du e to th e long de lay in gett in g on th e ai r.
52 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

CONCLUSION S TO BE DRAWN FROM TH E ABOVE FOUR MA RIN E CA SUALTIE S

Ill any ev aluation, the following conclusions must be re ached:

(1) Deck officers alre ady have more tha n enough imp ortant duties to perfo rm 

during safe ty emergencies, without the additional function of communications 

being thru st upon them .

(2) Deck officers, though competent in the ir own field, lack the skill, training, 

and experience necessary to adequately perform the function of safety communications.

(3) Only the time ly and effective inte rvention of radiotelegraph-equipped 

ships salvaged the situ ations where the deficiencies of radiotelephone were 

present.

(4) When radiotelephone is substituted for radiotelegra ph, there is a consequent decrease of sea safety for that particular vessel as well as for all shipping. and the records show radiotelephone has performed miserably in emergencies involving s afe ty a t sea.

Appendix D

A FL-C IO Maritime Committee Resolution on Safety at Sea T hrough Radio

Whereas the Matson Navigation Co. applied on Febru ary 18. 1963, to the Federal Communications Commission for an exemption that would perm it a semiautomate d vessel Matson is building to navigate in the inte risland tra de in 

Haw aii without complying with the requirements of the Communications Act 

of 1934 as amended for radiotelegraph equipment, watches, and radio officers. 

The FCC refused to gran t this exemption ; and

Whereas on J une 27, 1963, Matson brazenly announced, in a letter to all west 

coas t maritime unions, th at in the ir proposed manning of the interisland vessel 

they “have not included a licensed radio operator * * * the Federal Communications Commission has refused to gra nt us an exemption and has given us an 

adm inistrative ruling th at this vessel required radiotelegra ph equipment and, 

therefore, the addition of one licensed radio operator to the manning set forth. 

Matson, however, is not in agreement with this ruling, and it is our inten tion to 

introduce a bill to amend the Communications Act of 1934 to provide an exemption from this requirement with respect to our proposed inte risland containe r 

ve ssel": and

Wherea s on September 19, 1963. Representative Wa lter Rogers of Texas 

introduced II.R. 8508 “to amend section 356 of the Communications Act of 1934, 

to perm it cargo ships on voyages between Hawaiian ports to car ry radiotelephone 

in lieu of radio teleg raph installation s.” The AFL-CIO Maritime Committee, 

and the American Radio Association, AFL-CIO, have continually at freq uent 

intervals, requested advance notice to appea r at hearings on this bill in the 

intere st of safety of life at sea of the maritim e workers in the organizatio ns it 

represen ts as well as of the seamen and passengers who might be traveling 

aboard other vessels in the wa ters navigate d by this vessel, and in the public 

in te re st ; and

Whereas the House Interstate and Foreign Commerce Committee’s Subcommittee on Communications and Powe r held hearings on Febru ary 18, 1964, upon 

only 18 hours’ notice and disregarding urgent requests th at these hearings be 

postponed or at leas t held open to permit the AFL-CIO Maritime Committee 

and the American Radio Association, AFL-CIO spokesmen to be heard in behalf 

of the maritim e workers and the public intere st in sea sa fe ty ; and

(Whereas the lives of the men who sail aboa rd this ship as well as the seamen and passengers who trav el abo ard other vessels in the waters navigated 

by this ship are protected by the radiotelegraph equipment, manned by licensed, 

skilled, and experienced radio officers who maintain safety radio watches and 

thus knit all vessels into a radiote legraph sea-safety network th at makes it 

possible for every ship to call upon every other vessel in distress and thus makes 

each vessel a potential lifeb oat fo r all other vessels: and

Whereas the hazards encountered by vessels th at navigate in the waters between the ports of the Haw aiian Islands are as grea t as those which face vessels 

covered by the congressional inten t in adopting the 1937 amendments to the 

Communications Act of 1934. inclu ding section 356. Such protectio n provided 

by Congress after years of careful study and hearings following the Aforro

Castle, Mohawk, and Vestris disaste rs, should not lightly be set aside ; and
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 53

W he re as spok esme n of t he se am en ha ve a ri g h t to he heard in th eir o wn be ha lf 

an d i n th e pu blic i nte re st in sea s afe ty : No w, th er ef ore , be it

Res ol ve d, T hat—

1. The A FL-C IO M ar itim e Com mittee , fir mly oppo sed to any w ea ke ni ng of th e ra dio te le gra ph se a- sa fe ty net w or k, by ex em ption, waive r, or sp ec ial legi slatio n, stro ngl y opposes pa ss ag e of II .R . 8508 or an y si m il ar le gi sl at io n, w ithout pu blic hear in gs up on adeq uat e advan ce no tic e a t which th e sp ok es men of m ar itim e 

w or ke rs may b e he ar d ; a nd 2. T he A FL-C IO M ar itim e Co mmitt ee urg es th a t fu ll hea ri ngs be held on th is b ill b efor e it is r ep ort ed o r ac tion tak en on i t ; and 3. The A FL-C IO M ar itim e Com mittee ur ge s Mem be rs of Co ng ress to re fu se sp ec ia l- in te re st le gi sl at io n r equest s by M atso n N av ig at io n Co. or a ny o th er st ea m ­ sh ip co mpa ny or gr ou p of co m pa ni es which m ay seek to wea ke n th e str u ctu re of sa fe ty of life a t sea th ro ugh ra dio in th e in te re st of in cr ea si ng profits th ro ug h 

sa vin g th e co sts of pro vi di ng s a fe ty ; an d 4. The A FL-C IO M ar itim e Co mmitt ee will ta k e al l st ep s ne ce ss ar y to in su re th a t prof it- gree dy st ea m sh ip co mpa nies do not succeed in at te m pts to redu ce sa fe ty unde r pre te xts of s o- ca lle d tech no logica l im pr ov em en ts, au to m at io n, me ch ­ an iz ation, or ot he rw ise. W e will pr ot ec t th e liv es of se am en and pa ss en ge rs on au to m ate d an d m ec ha ni ze d ve ssels an d in th e w at er s nav ig at ed by such vessels fu lly as mu ch as on co nve ntiona l sh ips. W e view att em p ts to rem ove ra dio of­ ficers . wh o pr ov id e th e m ax im um de gr ee of sa fe ty , bo th pre ven ta tive an d re ­ med ial, as att em pts to re duce th e s urv iv al pos si bi lities of se am en a nd p as se ng er s 

whe n face d w ith th e hazard s of th e sea .

Ado pted : F ebru ary 21,19(54.

B al H arbour, F la . ___

App en dix E

DE FINITION OF RADIO OFFIC ER

“Secti on 2 (a ). As use d in th is ag re em en t, th e te rm ‘Radio Officer' sh all mea n an y pe rson em ploy ed by th e Co mp any wh o oper at es an d m ai nta in s a Ra dio Sta tion , includ ing ra dio te le gra ph, radi ot el ep ho ne , or any elec tro ni c de vice s used in co m m un icating be tw ee n ve ssels a n d /o r be tw ee n ve ssels an d shore, on an y of th e U.S. Fla g ve ss els oper at ed by th e Co mpa ny p u rs u an t to Secti on 1, an d wh o is au th or iz ed by th e pro pe r au th o ri ty to ope ra te and m ai nta in a mo bile Rad io Sta tion in cl ud in g an y co mm un ication de vice s as af or es ai d. "T o ass ure pr op er oper at io n a n d m ai nt en an ce of th e ab ov e men tio ne d co m­ mun ic atio ns eq uipm en t, th e Un ion an d th e Co mpa ny ag re e th a t all per so ns wh o op er at e a n d /o r m ain ta in su ch eq uipm en t sh al l he hold er s of a va lid fir st- or sec on d-cla ss R ad io te le gra ph O per at or’s L icen se .”

JU RISD ICTION OF ARA

“S ectio n 3 (b ). The Un ion sh al l ha ve co mplete ju ri sd ic ti on ov er al l wor k inv olv ed in th e oper at io n an d /o r m ai nt en an ce of al l ra dio an d /o r elec tro ni c co m­ m un ic atio ns dev ices a s des cribed in Secti on 2 ( a ) .”

DU TIES OF RADIO OFFICER AN D LOCATION OF RAD IOTELE PHO NE

“Secti on 2 2 (a ). R ad io Officers sh al l per fo rm all duties in ci de nt to th e opera ­ tio n an d m ai nte nan ce of all ra dio a n d /o r el ec tron ic co mm un ications de vice s on ve ssels op er at ed by th e Co mp any. All ra dio a n d /o r elec tro ni c co m m un ic at io ns devices, de sc rib ed in Se cti on 2 (a ), in cl ud in g Rad io te leph on e, whe n carr ie d, sh al l he loca ted on ly in th e Rad io Room an d sh al l be oper at ed an d m ai nta in ed on ly 

by th e Rad io O ffic er.”

PA YMEN T FOR RADIO PHONE OPERA TION

“S ectio n 23(b ) 16. (A ) On fr eig hte rs which carr y ra di ot el ep ho ne eq ui pm en t, th e Rad io Officer sh al l rec eive ad ditio nal ba sic mon th ly wag es of Te n doll ars fo rt y ce nt s ($1 0.4 0) effecti ve Ju n e 16, 1961, Te n dollar s dollar s si xty -t hre e ce nts i $10.6 3) effective Ju n e 16, 1962, Te n dol la rs eig ht y- se ve n ce nt s ($10.8 7) effectiv e Ju ne 16, 1963. and El ev en dollar s ele ve n ce nt s ($11.11 ) effecti ve Ju n e 1(5. 1964, fo r oper at in g th e Rad io te le ph on e duri ng re gula r w at ch ho ur s. O ver tim e sh all he pa ya bl e fo r al l Rad io te leph on e ope ra tion outs id e of re gula r w at ch hours fo r ha nd ling o f sh ip 's b us in es s only. Rad io te le ph on e ca lls oth er th an sh ip 's bu sine ss
54 RADIOTEL EPHO NE S ON CER TAIN CARGO VES SEL S

sh al l he pa ya bl e as ov er tim e by th e pe rs on pl ac in g th e ca ll. F or th e pu rp os e of 

th is section al l ca lls pla ce d by th e M as te r or oth er Officer in ch ar ge of th e ves sel 

sh al l he co ns id er ed as sh ip 's bu sine ss. The addi tional ba sic wag es pay ab le 

to th e Rad io Officer under th is para gra ph sh al l he tr eate d as ba se wag es fo r all 

pu rp os es .”

App en di x F

T h e Ground ing and Sin kin g of th e S .S. “P rin cess K at hl ee n”

(B y H ar old L ock wood, SS H awai ia n C ra ftsm an )

Th e SS Princ es s K ath le en st ru ck a jagg ed led ge w hile un de rw ay a t nor m al 

spe ed, be ing a m ile and a q u art er off her co ur se a t th e tim e. Alth ou gh ov er 350 

pa ss en ge rs were ab oa rd , th e ve ssel carr ie d only one ra di o officer.

Th e sh ip w as eq ui pp ed w ith D. F., ra d ar, an d no rm al radi o te le gr ap h eq ui pm en t re qu ired fo r th is cl as s of vessel. Also sh e car ri ed sh ip-to -sho re ra di op ho ne 

be ing si m ilar to th e ItM CA Go-watt ra di op ho ne wh ich is used by a g re at m an y 

m er ch an t sh ip s of U.S. re gi st ry . Like m an y U.S. sh ips, th e radi op ho ne w as in ­

st al le d on th e sh ip 's bridg e an d no t in th e ra dio roo m. Thi s ph on e w as us ed 

mos tly by th e m at es an d ca pta in of th e sh ip and w as no t un der dir ec t co nt ro l of 

th e ra dio officer al th ou gh he was re quir ed to service th e phon e an d per fo rm 

m ai nt en an ce w ork from tim e to t im e (w it h no over tim e) .

W he n th e vesse l st ru ck th e r ocky reef , th e ra dio officer im m ed iately e nd ea vo re d 

to get th e br id ge on th is sh ip 's in terc om m un ic at io n sy stem fo r in st ru cti ons 

on w het her to sen d fo r he lp or giv e oth er in fo rm at io n in conn ectio n w ith re sc ue 

wor k, etc . Th e br id ge ig no re d his ca lls from th e ra dio room. Be ing th e on ly 

ra dio ojie ra to r, he w as duty bo un d to st ay a t his po st, which he did , aw aitin g 

ord ers from th e ca pta in on th e bridge . B ut no ne were forth co min g.

A ft er w ai ting fo r some tim e, an d be ing una ble to gai n th e at te nti on of th e 

br idge , he as ke d on e of th e cr ew wh o w as pas si ng near th e radioroo m, to ha ve 

br id ge or capta in send some in st ru cti ons th a t wo uld be ne ce ss ar y in co nn ec tio n 

w ith re sc ue work, in cl ud in g sh ip ’s po sitio n. B u t th is too w as igno red. In th e 

m ea nt im e th e vessel w as si nk in g by th e st ern a t such an an gle (h at th e ra dio 

offic er could no long er s it in his ch air an d w as forced to st and up br ac in g hi m se lf 

as b es t he could while c ontinuin g to m ain ta in hi s list en in g w atch .

W hile th is was go ing on, on e of th e br id ge officers w ar m ed up th e sh ip ’s 

ra di op ho ne on th e bridge , an d w ithout pl ac in g th e se t on th e dis tres s ha nd , 

sta rt e d ho ll eri n g : “M ay da y. ” Not be ing on th e dis tres s freq ue nc y he was no t 

im m ed ia te ly he ar d. Due to th e Coa st G ua rd w at ch wh o w as cr ui si ng ov er all 

ha nd s, they we re hea rd on th is off freq ue nc y. T he Coa st G ua rd im med iately 

mad e ev er y effo rt to co nt ac t th e Princ es s K at hl ee n an d ge t po sitio n, in st ru ct io ns 

fo r po ssible res cue of pa ss en ge rs , etc ., b u t were una ble to ge t th e sh ip ’s officer to 

pa ss th em th is in fo rm at io n as co nf us ion reig ne d su pr em e on th e bridge . Th e 

ph on e fina lly wen t off t he a ir le av in g th e Coa st G ua rd in Ju nea u, A lask a, won de ring w hat it w as all ab ou t. The y im m ed ia te ly pu t th eir D. F. and ra d a r eq uipm en t i n use. Th e ra d ar show ed t he lo ca tion o f t he Princ es s K at hle en , a nd a Co ast 

G ua rd c u tt er was d ispa tche d to th e poin t s ho wn by r ad ar.

As soo n as they came w ithi n si ght th e Coa st G uar d re al ized th e pre ca riou s 

po sitio n of th e shi p, an d ca me al on gs id e her an d took a ll pa ss en ge rs off, re tu rn in g 

so meti me la te r fo r th e sh ip ’s capta in an d crew wh o in th e m ea nt im e ha d le ft 

th e sh ip an d wa de d as ho re aw aitin g rescue. The ve ssel m ea nw hi le ha d su nk 

by th e st ern a t a ve ry ac ut e an gle, be ing ab out tw o-t hirds su bm erge d. It fin all y 

slid off th e re ef into de ep er w ate r an d sa nk w ith on ly her m as ts sh ow ing above 

th e w ate r’s s ur fa ce .

The on ly co nt ac t the ra di o offic er had w as a few m in ut es pri or to th e tim e th e 

ve ssel slid unde r w at er an d sa nk , a t w hi ch tim e he w as or de re d to ab an do n shi p.

The p oin t cl ea rly br ou gh t to mind is, had th e ca pta in no tified th e ra dio officer 

to send fo r he lp or giv en w ri tt en in str ucti ons by mes se ng er re gar din g th e sh ip ’s 

po sitio n, n atu re of th e da ma ge , num ber of pa ss en ge rs ab oa rd an d oth er vi ta l 

in fo rm at io n ne ed ed by th e Co ast G uar d, re sc ue op er at io ns wo uld ha ve bee n 

spee de d up co ns id er ab ly an d they wou ld ha ve proc ee de d im m ed ia tely on re ce ip t 

of th e dis tr ess me ssage, as th e ra dio te le gra ph eq uipm en t w as ab le to fu nc tion 

up til l th e tim e th e ve sse l commence d to sett le in h er fi nal re st in g place.

A t a pre li m in ary he ar in g on th es e even ts in K et ch ik an , th e ra di o officer wa s 

as ke d wh y he di d no t send ou t an y d is tr ess in fo rm at io n. I t was th en br ou gh t 

o u t th a t he rece iv ed none w ha tsoe ve r fr om th e ca pta in or br id ge al th ou gh
RADIOTELEPHO NES ON CERTAIN CARGO VESSELS 55

he had mad e ev er y effo rt to ge t in co m m un icat ion w ith th e bridge . T he ra di o officer sa id th a t he st ay ed by his ra dio eq ui pm en t on w at ch until th e ver y la st 

whe n or de re d o ff . T hi s he was bo un d to do an d was co mpletely ex one ra te d by 

th e C oa st G uar d f or so doing. A t a h eari ng c on du cted la te r by C an ad ia n o fficials, blam e fo r th e fa il u re o f th e ra di op ho ne and lack of dis tr ess in fo rm at io n w as la id on th e ra di o officer. Ho w­ ev er, he pr ov ed th a t he ne ve r le ft hi s pos t in the ra di or oo m , ha d noth in g to do w ith br oa dca st in g of "M ay da y” ov er th e sh ip ’s ra di op ho ne an d bro ught ou t th e poin t th a t he w as un ab le to ge t an y in fo rm at io n w ha ts oev er fr om th e br id ge or 

th e ca pt ai n. T he po in t is th a t th e br id ge office rs were so bu sy tr y in g to us e th e ra dio ­ ph on e, th a t th e radi or oo m w as co mplete ly igno re d as w as th e ra dio officer 's pl ea f o r in st ru cti ons to be bro ad ca st by te le gr ap h ov er th e u su al dis tr ess ba nd .

Appe ndix G

T h e “J oao Costa” Sin k in g

On Sep tem be r 29, about 3 in th e af te rn oo n, ap pro xim at el y GO mile s nort h of 

Sa n Migu el, th e SS Co mp ass ca m e upon th re e dor ie s tilled w ith 12 men. Th ey w er e ob vio usly in dis tr ess an d we pic ked them up. Fro m th em we le ar ne d th a t th ey were a p a rt of th e cr ew of the M/V Jo ao Co sta , a fis hing vesse l of 

Port ug ues e re gi stry , th a t ha d su nk 300 mi les nort h of th e Azo res on Se ptem be r 23. The y ha d been w it hout foo d or w ate r sinc e th a t ti m e; they w er e ov er ­ cro wde d, 4 men in ea ch of sm al l 2-m an do rie s, an d so m ew he re ar ou nd us th ere wer e anoth er G2 men in th e same co nd iti on . W e im m ed ia te ly st art ed 

a s ea rc h of the a re a. I p u t my fi rs t X X X on th e a ir a t 1733, fi rs t se nd in g th e auto al ar m sign al an d from th en on wor ke d co ntin uo us ly until la te a t nigh t. O ur in fo rm at io n w as a t first a bit ga rb le d, w e w er e wor king w ith a la ng uag e barr ie r, no on e ab oar d th e sh ip sp ea ki ng Por tu gu es e, bu t as we go t oth er in fo rm at io n fr om th e 12 su rv iv or s, I wou ld go on th e a ir w ith anoth er urg en t message . 1 m ust sa y th a t I ha d sp le nd id co op er at io n from all sh ip s an d sh ore st at io ns. Sh ips w ith high freq ue nc y eq ui pm en t tr ansm it te d my urg ent mes sa ge s to var io us high freq ue nc y sh or e st ati o n s an d I la te r hear d GL D re peati ng them ju s t as I 

ori gi na lly se nt t he m . The o th er 62 mem be rs o f th e c rew o f th e Jo ao Co sta w er e pick ed up a t daylight 

next mor ning a t 0811 GM T ju st 14 ho ur s 38 m in ut es a fte r I firs t se nt th e news , and de sp ite be ing in op en ov ercrow de d bo ats , w itho ut foo d or w ate r fo r 7 da ys , 

ev er y man of th e crew of th e Jo ao Cos ta w as resc ue d. I be lie ve t h a t is some s ort 

o f re co rd in th e h is to ry of th e sea . D uring th e tim e th a t we ha d th e su rv iv or s ab oar d, we w er e ab le to ge t a pre tt y co mplete st ory of th e ca us e of th e dis ast er. T he Jo ao Costa ha d caught 

fire, then ex plod ed . Of th e gre ate st i n te re st to me, ho wev er, is th e f act th a t th ey wer e un ab le to send a dis tr ess ca ll al th ou gh th ere w as ple nt y of tim e to do so. Th ey were no t eq ui pp ed w ith ra dio te le gra ph al th oug h th eir ra di op ho ne w as rigg ed so th at it co uld be keyed. I am no t too fa m il ia r w ith su ch a se t but im ag ine th at some of th e f ellows ar ou nd th e hal l wou ld be. Ho we ver, to get ba ck to my stor y, th ey carr ie d no one wh o could get th e ra di op ho ne to w or ki ng or wh o kn ew how to ope ra te th e key . I look up on th is ve ry fa ct as a sc re am in g ar gu m en t fo r th e in cl us io n of a ra dio oper at or aboard ev ery sh ip re gard le ss of siz e or flag. It w as on lv th ro ug h a ha pp y ru n of fa te th a t th es e me n w er e re s­ cued. H ad th e pr ec ed in g ni gh t be en cl ea r we w ou ld ha ve mad e our co ur se so ut h of th e Azores ra th e r th an nort h of them , ha d not an un ex pe cted curr ent se t us 5 mile s off ou r co ur se we wo uld ha ve ne ve r see n th e do rie s. It is pr ob ab le th a t a nu m be r of th e men wo uld ha ve m ad e th e Az ores but it is do ub tful if all of th em wo uld ha ve d on e so. Th ey had b ee n pa ssed by oth er sh ip s wh o ev id en tly th ought them only fis he rm en , ha d we pa ss ed them th ey sa id th a t they wou ld hav e give n 

up al l hop e. W hat follo ws is ra th e r em ba rr as si ng . W e la nd ed th e 12 su rv iv or s (w it h re st , good foo d, an d w at er , quite re co ve re d) a t La go s. Port ugal . Octob er 3. W e were bo ar de d by re port ers , pho to gr ap he rs , re pre se nta tives of th e Port ugues e Gov er n­ men t. re pre se nta ti ves of th e ow ne r of th e Jo ao Costa (f or go t to tell yo u. his son 

w as h er cap ta in ) an d God kn ow s wh o else. The se people w er e ex tr em el y fl att er­ in g an d g ra te fu l to th e cap ta in . Viklo Cer as ol i. an d he in tu rn told th em th a t if th ere w er e any c re dit it be lon ged to m e. I ex pl ai ne d to the m th a t I had on ly done
56 RADIOTEL EP HO NE S ON CERTAIN CARGO VE SSE LS

my job . T h a t th e on ly re as on fo r a ra d io officer w as to ful fil l th e re qui re m en ts 

of th e In te rn ati o n al Co nv en tio n fo r th e S af et y of Life a t Sea, an d th a t, even if 1 

ha d do ne my jo b we ll, su ch w as no m or e th an I sh ou ld be ex pe cted to do.

I do ub t th a t th ey ev en he ar d w hat I sa id . I w as ph ot og ra ph ed , in te rv ie w ed , 

ha d my he al th d ru n k (d id n ’t m in d th a t a bi t, th ey in cl ud ed a dri nk fo r m e) an d, 

al l in all . th ey m ad e a de vi l of a lo t of fu ss ov er a st ri c tl y ro ut in e op er at io n. I 

un de rs ta nd th a t th ey hav e al so a rr an g ed som e so rt o f re ce pt io n a t th e P ort ugues e 

co ns ul at e whe n we re ac h Sa vo na to m or ro w (O ct ob er 7 ).

If an y cr ed it is du e, I th in k it sh ou ld be lon g to th e va ri ou s ra di o officers wh o 

w er e a le rt to my m es sa ge s an d wh o to ok p a rt in th e re sc ue op er at io n. My sh ip 

co uld no t ha ve m ad e an eff ec tiv e se ar ch of th e a re a ; we are a slo w L ib er ty ; 

we ha d to ha ve ass is ta n ce in th e se ar ch . The ra dio officers wh o co pie d my ca ll s 

as su re d th a t as si st an ce an d to the m, es pe ci al ly to th e ra dio officers of th e oth er 

tw o sh ip s wh o pic ke d up su rv iv ors (d o n 't kn ow th e sh ip s’ na m es but ha ve th e ir 

ca ll s as KR OL an d DVCO) be lon gs th e cre d it fo r th e su cc es sf ul re sc ue of th e 72 

me n.— L. F. Jo sl yn , Bk N o.

App en dix H

We ha ve bee n hea ri ng a lo t la te ly about re pl ac in g ra di o offic ers on Am erican 

sh ip s with ra di op ho ne an d co m bi na tio n m at e- ra di o offic ers. L as t Ju n e 28 , I, 

as ra di o office r on th e SS G ul f tr ad e, ha d an ex pe rien ce whi ch pr ov es w hat a 

te rr ib le m is ta ke t h a t co uld be.

T h a t ni gh t a t ab out 8:4 6 we co lli de d w ith th e B ra zi li an fr eig h te r SS Lo ide P an am a. Thi s ha pp en ed ab o u t 2 m ile s from B arn eg at L ig ht sh ip in a ligh t fog. 

At 8 :47 p.m. I w as on th e a ir w ith an S O S. A ft er I h ad cl ea re d th e air . I 

re pe at ed ly ca lle d th e Lo id e P an am a by na m e an d by ca ll le tt er s. Sh e di dn 't 

an sw er . I th en as ke d WS C to tr y to ra is e he r. H e al so w as un ab le to ra is e th e 

Lo id e P an am a.

Fin al ly , ab ou t 45 m in ut es a fte r th e co lli sio n, th e Lo ide P an am a se nt ou t an S O S sa yi ng th a t th ey w er e ab an do ni ng s hi p. I w as th en ab le to ra is e her fo r a 

sh o rt Q S O, b u t sh e w en t off th e a ir be fo re I co uld get an y det ai ls as to me n 

ki lle d or in ju re d or th e ir ab il it y to la un ch lif eb oa ts , as sh e had a ve ry ba d li st 

whe n la st see n.

We ha d a se ve re ly da m ag ed bow . b u t th e Lo ide P an am a ha d a hu ge ho le in her 

hu ll ju s t a f t of th e m id sh ip s ho us e th a t st re tc he d fro m bil ge to de ck an d lef t he r 

in a si nk in g co nd iti on . T he tw o sh ip s ha d be en to ge th er m os t of th e tim e: bu t 

we pu lled aw ay fro m th em w he n th er e w as im m in en t d anger of fire, ou r sh ip 

be in g a lo ad ed t an ker .

It. w as ne ar ly hal f an hour a fte r th a t th a t I rec eive d det ai ls on th e ir co nd iti on 

an d ca su alt ie s fro m th e ra dio offi cer on th e SS A fr ic an E n dea vor whic h ha d arr iv ed on th e sc en e an d dis pat ch ed h er m ot or lif eb oa ts to re sc ue th e cre w of 

th e Lo id e Pan am a.

I a ft e rw a rd s le ar ne d from th e FC C th a t th e th ir d m at e on th e Lo ide Pan am a w as al so th e ra dio op er at or . He w as ev id en tly too bu sy w ith his d uti es on deck 

to a tt e n d to hi s dut ie s in th e ra di or oo m . If my tr a n sm it te rs had been pu t ou t 

of co mm iss ion by th e cr as h, and o u r sh ip had ca ught fire , th ere w ou ld ha ve bee n 

se ri ou s loss o f lif e du e to h is lo ng d el ay i n get ti ng on t h e a ir .

W ha t w ou ld ha pp en if tw o shii>s w it h co m bi na tio n m at e- ra dio o p er at ors ha d 

a re al ly ba d co lli si on ? Th e m at e- ra dio oper at ors w ou ld be so bu sy w ith th eir 

du ti es on de ck th a t no one wou ld kn ow w h at ha d ha pp en ed . T he re qu irem en t 

of a ra dio offi cer on bo ar d al l sh ip s is a sa fe ty fa cto r th e va lu e of w hi ch ca nn ot 

be ea si ly de ni ed .

I w as ve ry pl ea se d w ith th e sp ee d w ith whi ch th e a ir w as cl ea re d fo r me th a t 

ni gh t. At no tim e w as th er e an y in te rf ere n ce w ith th e d is tr es s tra ffic, an d al l 

ra di o officers in th e vi ci ni ty w er e m or e th an w ill in g to le nd a h an d if neede d. 

A fe w y ears a go t h ere w er e al w ay s in te rr u p ti o n s.

T hi s ac ci de nt ce rt ai nly m ad e a firm im pr es si on in my m in d as to th e ne ed of a 

fu lly qu al ifie d ra dio office r on all sh ip s w ho se on ly duti es are th os e of ra di o 

officer.

J os eph T. Silv a. Book No. 1049.
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 57

Appen dix I

I nt ern ati on al Orga niz ati on of M as te rs. Mates & P ilo ts,

New York, N.Y., Novem ber 1, 1963.

Mr. Wil li am R. Stein ber g,

President, American Radio Association,

New York, N.Y.

Dear Sir and Bro th er: On A pril 27, 1953, you were notified by Capt. Joh n M. 

Bishop, n atio nal se cre tary-trea sur er of this organization, as follows :

“We are pleased to advise you th at the nationa l execu tive committee of this 

organization, in a meeting on A pril 21, 1953, in the Ham ilton Hotel, Washington. 

D.C., unanimously concurred in a resolution to not ify you and all other parties 

concerned th at we do not claim jurisd iction over prop er opera tion and mainte ­ nance of any radio or electronic com munication devices on American-flag vessels.

“We agree th at this is prop erly the work of the radio officers on board the 

vessels.” Nothing has transp ired in the interven ing 10-year period th at would requ ire 

a change in th at statem ent recogn izing your jur isd iction of the radi o officers 

aboard the vessels over the operatio n and main tenance of any radio or electronic 

communication device, inclu ding radiotelepho ne, on American-flag vessels.

If anyt hing, experien ce has confirmed the value of this arr ang em ent and its 

complete workability. Performance of safety communication by the radio officer perm its the mas ter and license d deck officers of the vessel to perf orm the ir vita l 

duti es in the safe navig ation of the vessel.

Fr ate rna lly yours,

Cha rles M. Crooks, 

International President.

Appe nd ix J

Ame ric an R adio Asso cia tio n,

New York, N.Y., November 4, 1966.

Mr. Cha rl es M. Crooks,

President, International Organisation of Masters, Mates d Pilots, AFL-CIO,

New York, N.Y.

Dear Sir and Brot her : I am in receip t of your lette r of November 1, 1993, confirming the position tak en by Captain Bishop in his let ter of April 27, 1953, on 

behalf of your organization. On May 5, 1953, I replied to Cap tain Bishop in a 

let ter which read as follows :

"This is to acknowledge your let ter of April 27 and we wish to tha nk you for 

the for thr igh t position tak en by the M asters, Mates & P ilots of America in rega rd 

to the radi o officer’s jur isd ict ion over any and all radi o an d/ or electronic communica tions.

“We are likewise pleased to noti fy you th at the American Radio Association 

does not claim jur isd iction over any or all electronic equipm ent, which is now 

in use or which may later be used directly in connection wit h the navigation of 

the vessel. Our position is th at the opera tion of such nav igat ional equipme nt 

is witho ut question und er the j urisdi ction of you r un ion.”

Our experience in the int eri m has been sim ilar to your s in confirming the 

validity and feas ibility of the working rela tion ship s th at were set fort h in our exchan ge of le tters. As a r esult of teamwork of the ship rad io officer group, supplying specialist radi o comm unications service for safety and other purposes, and the mas ter and licensed deck officer group, perf orming their essential nav igatio nal duties, each group is enabled to perfo rm its dut ies the bette r, while 

both groups together have been producing th at added margin of safe ty th at has 

prese rved life a nd conserved pro per ty at sea.

We appreciate the firm and for thr igh t positio n your organization has been 

following in the int ere st of saf ety of life at sea, in thi s and other area s, and 

look forw ard to the con tinu ing friendsh ip and coope ration of our two unions. 

Fra tern ally ,

W. R. Stei nb erg, Pre side nt .
58 RADIOTEL EPHO NE S ON CER TAIN CARGO VES SEL S

Appe nd ix K

P ert in ent exce rp ts from Coa st and Geodetic Su rvey , U.S. D epart m ent of 

Com m er ce : “U.S. Coa st Pi lo t, Pa cif ic co as t. C al ifor ni a, Ore gon, an d W as hi ng to n 

an d H aw ai i,” ei gh th (1959) ed iti on , revi se d to Jan u ary 5, 1963, by fo urt h 

su pp lemen t, pu bl ishe d by U.S. Gov ernm en t P ri n ti n g Office, W as hi ng ton, D.C. 

(b as ed on 7 to 100 y ears reco rd ed ob se rv ation, vary in g w ith lo cali ty ; it ali cs 

su ppli ed).

“Gen era l.— The cl im at e of the H aw aii an Is la nds is un usu al ly ple asa nt fo r a 

tr op ic al ar ea , th e re su lt pr in ci pa lly of th e m ar ked m ar in e inf luen ce and th e 

per si st ent tr ad e w in ds” (p. 2 82 ).

“Ko na icca ther .— T he wor d ‘Ko na ’ is of Pol yn es ia n or ig in an d mea ns le ew ar d. 

I t re fe rs to th e so uth er ly winds an d ac co m pa ny ing w eath er on th e no rm al ly lee ­

w ard slopes of th e pri nci pal H aw ai ia n Is la nds which be ca us e of th e wind sh if t, 

ha ve te m po ra ri ly become th e w in dw ar d slo pes .

“T he Ko nas, which oc cu r mos t fr eq uen tly duri ng the, mon th s of Octob er 

th ro ug h Ap ril, pr ov id e th e m aj or cl im at ic v ari ati ons of th e H aw ai ia n Is la nds. 

D ur in g thes e st or m s heavy ra in fa ll and clo ud in es s ca n be ex pe cted on th e lee 

side s of co as ts an d slop es wh ich , und er th e us ua l w in d pat te rn , rece ive le ss 

clo ud in es s an d m ay ha ve al m os t no ra in . N ea r gales m ay occur, es pe cially n ear 

po in ts whe re th e a ir te nds to fu nn el into sh arp m ounta in pa ss es loca te d n ear 

th e co asts. At su ch tim es le ew ar d an ch or ag es may becom e unsa fe fo r sm all er 

c ra ft” (p. 283).

“Se ismic sea wav es .— T he des tr uc tive ef fe ct of th e g re a t seism ic se a wav es 

whi ch ha ve vi si te d th e H aw aiian Is la nds from tim e to tim e sh ou ld no t he m in imized . Th e loss of life an d pr op er ty can be, less en ed if sh ip m as te rs an d oth er s 

ac quain t them selves w ith th e be ha vi or of th es e wav es so th a t in te llig en t ac tion 

ca n he ta ke n whe n th ey become im m in en t.”

“In ge ne ra l, th e dest ru cti ve fo rc e of th e wav es is g re ate r on th e side s of 

th e is la nd s fa ci ng th e on co ming wa ve s. The wav es may a tt a in gre at he ig ht s 

in fu nn el -sha pe d ba ys an d a t ca pe s or oth er plac es w he re a su bm ar in e ridg e 

pro je ct s se aw ar d to w ar d th e oncomi ng wa ve. U nu su al hei gh ts may also be 

att ain ed a t an y plac e w her e tw o wav es tr av eli ng diffe re nt path s arr iv e a t th e 

sa m e tim e so as to re in fo rc e on e an ot he r. The re is muc h to be le ar ne d ab out 

su ch wav es an d th e bes t co ur se is to av oid th em in an y way po ssible. ”—P ag es 

281 -282. “T he se wav es tr avel g re at dis ta nce s an d ca n ca us e trem en do us da mag e on 

co as ts fa r from th eir so ur ce . The wa ve of April 1, 1946, th a t origi na te d in th e 

A le ut ia n Tre nc h de molishe d nea rb y Sc otc h Ca p Lig ht ho us e an d also ca us ed 

$25 mill ion da mag e in th e H aw aii an Is la nds 2,200 mi les aw ay .

“T he spee d of seism ic sea w av es var ie s w ith th e de pt h of th e w at er , re ac hi ng 

300 to 500 kn ots in th e de ep w a te r of the open ocean. In th e open sea th ey 

ca nnot be de tected from a sh ip o r from th e a ir be ca us e th eir leng th is so gre at , 

so m etim es a hu ndre d mi les , a s co mpa red to th eir he ig ht , which is us ua lly only 

a few fe et . On ly on ce rt ain ty pe s of sh elving co as ts do th ey bu ild up into 

wav es of dis as tr ous pro port io ns .”— Pa ge s 32-33.

“Anch or ag es are nu merou s, ex ce pt on th e nort herl y an d ea st erl y side s of th e 

is la nd s, th e firs t re qui re m en t under ord in ar y co nd itio ns be ing sh elt er from th e 

tr ad e winds . D ur in g Kon a w eath er mo st of th e an ch or ag es on th e so ut he rly 

an d w es te rl y side s o f the isl an ds a re un sa fe .”— Pag e 281.

Mr. Strichartz. Mr. Chairman, gentlemen, my name is Morris 

Strichartz. I am technical director of the American Radio Association, AF L-C IO, and am a member of its national council and have 

been for 15 years. Prior to th at, fo r 6 of the previous 8 years during 

all of W orld War II and the immediate postwar period, I was a ship 

radio officer on board every type U.S. merchant vessel. This statement is submitted for the American Radio Association 

(AR A), for the Radio Officers Union (ROT ), the International Organization of Master, Mates & Pilots (MM P), both affiliates of the 

AFL-C IO, as well as the AF L-CIO Maritime Committee, which 

includes the American Radio Association (AR A), the National Maritime Union (NMU), the Brotherhood of Marine Officers (BMO), 

the United Maritime Division (U MD), the marine locals of the I nited
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 59

Ste elw ork ers o f Am eric a (U SW A ), a nd the In du strial Un ion of Marin e and Sh ipbu ild ing Work ers (IU M SW A ).

ARA and RO U, composed of ship rad io officers, hold collective 

ba rg aining agreement s w ith steam ship companies ownin g an d op erating over 90 perce nt of the oceangoing me rch ant ships Hying the U.S . 

Hag, inc ludin g amo ng them the Matson Na vig ati on Co.

MMP mem bers are the ma ste rs and licensed deck officers—mates— 

on ove r 90 percen t of the U .S.-fla g ocea ngoing ships.

Th e total membersh ip of all these maritime unions is ap prox ima tely GO,000 seamen, who are officers and unlicen sed crew members 

aboard about 90 perce nt of the U.S. merch ant ma rin e— pas senger 

ship s, fre ighte rs, tan kers, colliers, steam schooners, and other typ e 

vessels—c ar ry in g every typ e of carg o in th e coastwise, interc oastal, 

and world tra de of the U ni ted S tate s.

Th e shore size memb ership of these unions comes to an ad dit ion al 

million . But the seamen affected and f or whom we sp eak num ber some 

60,000.

We are likewise inf orme d th at yo ur subcom mittee has received a 

separate comm unic ation fro m the A FL -C IO M aritime Trades Dep artment, composed of othe r A FL -C IO maritime affiliates no t mentio ned 

above.

All of ou r organizatio ns are of one mind on H. R. 8508—we are 

opposed to its passage, in the public int ere st as well as in the int ere st 

of ou r men on the ships. It is significant th at , despite serious dis ­

agr eem ents in othe r are as, all of the mari tim e uni ons are united in 

opp osition to this bill. W hy ?

To a nsw er th at q ues tion, we must describe the present saf ety situ ation. On all the oce ans of the earth , ships of 1,600 gross tons or 

la rg er are presently kn it tog eth er in a wo rld wide lifesav ing network.

They are equipp ed wi th ship rad iotel eg raph equip me nt, com ply ing 

wi th sta nd ards set by int ern ational trea ty and dom estic law. A t sea, 

th is equipment is ma nned by radioteleg raph op erators, who are licensed ship radio officers by act of Con gress in 1947. These rad io 

officers stan d safety radi o watch fo r at lea st 8 hours a day on car go 

vessels ca rrying only one radio officer, and con tinuous rou nd-theclock watc hes on passe nger vessels which are manned by three or 

more rad io officers.

Du rin g these watches each rad io officer liste ns con tinuously to ra di otel egrap h sig nals on 500 kilocycles, the worldwide callin g and dis tre ss 

frequency. Sh ip s of all nat ion s initiate routine calls to othe r ships 

or to coast radio sta tio ns by callin g on 500 kilocycles. Upon making 

contact they imm ediately shif t to anoth er freq uen cy known as a wo rking frequency to send and receive messages. As soon as the message 

hand lin g is finished, the listen ing on 500 kiloc ycles is imme dia tely 

resum ed, wi tho ut delay.

I would like to point out th at any rad io officer worth his salt continues to sta nd his watch on 500 while ha nd lin g other freque ncies 

on a split pho ne basis. Th is pro vides conti nuity .

In any event, there are two period s du ring each ho ur when the ship 

radio officer must cease doing an ythi ng else and listen, in com plete 

rad io silence, on 500 kilocycles, known as the “sile nt per io ds /’ because their silence may only be brok en to tra ns mit or retra ns mit distress messages tha t were sent d ur ing the p rec eding period .
60 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

When a ship is in distress, it is on 500 kilocycles that on the call 

for assistance, the S O S is sent, and all communications between the 

stricken vessel and ships tha t may proceed to its side are handled. 

Other ships must maintain complete silence on 500 kilocycles during 

such distress traffic, until the all clear is transmitted.

When distress signals are sent, it is of crucial importance t ha t they 

be heard, recognized as such, and tha t the precise details given be 

received by the maximum number of ships able to render aid. The 

position of the ship is given precisely, in latitude and longitude, 

and the error of a single digit, for example, can be extremely important—that is why a reliable and accurate system is employed.

When distress situations exist, all hands turn to perform their 

necessary duties. The radio officers and radio operators aboard the 

deepsea vessels that have been in distress during the 65 years tha t 

this radio sea-safety network was developing and being perfected, 

have acquitted themselves in war and peace in exemplary fashion, 

usually being the last to leave the ship, along with the master, 

often going down at his post of duty.

The system that I have described has the genius of simplicity and 

the record of having been used, successfully, in literally thousands of 

sea casualties.

Literally tens of thousands of men have been plucked from the 

clutches of a cruel sea by the assistance tha t this worldwide radiotelegraph sea safety network summoned, in the present, living generation of seamen. One simple fact will give insight into the scope 

of this splendid, and efficient system : the Annual Report of the FCC 

for Fiscal Year 1962, on page 86, notes:

During the fiscal year, the radiotelegra ph distress signal S O S was used in 

behalf of 275 vessels and aircraft. There were 181 reports of auto alarms 

being actu ated to ale rt off-duty radiote legraph operators to distress calls. 

Radiotelegraph functioned effectively for such distress calls.

I would like to note tha t when we say literally tens of thousands 

of persons are walking the earth because of this radiotelegraph system we mean just that. We refer to the fact that in the neighborhood of a thousand persons were saved in the Andrea Dorea-Stockholin collision. Whatever the human failings, whatever the mistakes 

that were made, when the Stockholm and Andrea Dorea collided all 

vessels in the vicinity were alerted and brought to its side. There 

were unfortunately some 50 deaths, but about 1,000 were saved on 

that one. Every day if people bother to read the marine pages of the 

newspaper you will see 24 men saved here, 32 saved there. The 

unfortunate side of these stories is the 6 tha t were lost or the 5 that 

were lost or the 12 that were lost in th e initial casualty. You multiply this one single year in the limited purview of a single nation's 

regulatory agency by the many years and countries involved, and you 

will understand why the seamen of the world and of this Nation 

look upon the radiotelegraph station and the ship radio officer who 

mans it as his “lifeline"—his best assurance of reaching land alive 

and able to ship out again.

Seamen know they follow a calling tha t is of its very nature a 

hazardous one. They simply want the best chance available of surviving, and they know from their very own experience that radiotelegraph provisions give them tha t chance.
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 61

We have set forth below the manner in which this system developed, the legislative history of the compulsory requirements for this 

system, both domestically and international treaty. Now, what 

would be the effect of the bill that is being considered on t ha t system?

First, it should be noted that the wording of the bill is not confined 

to a provision to exempt a single, experimental cra ft from the radiotelegraph requirements of the Communications Act. As it now reads, 

H.R. 8508 (and the companion measures before the subcommittee) 

would amend the Communications Act to permit cargo vessels, of 

any tonnage up to and including the largest in the world, to navigate 

between Hawaiian Island ports without having to comply with the 

radiotelegraph requirements of title II I, part II of the act. Thus, 

not just a single Matson craft, but all vessels in the Hawaiian interisland trade, would be allowed to withdraw from taking part in that 

sea safety network.

If this bill is passed, it would result in decreased sea safety. Seamen and passengers sailing aboard ships on coastwise, intercoastal, 

and international voyages, along sealanes tha t converge, cross and 

are contiguous to Haw aiian waters, would face greater danger, in at 

least three w ays:

(1) The affected vessel would itself be substandard, in tha t it 

would not possess an efficient and reliable radio safety system in 

common with other deep sea vessels. It would thus be without the 

direct means to summon the great majority of these vessels to its 

aid in emergency.

(2) Other vessels plying these waters would be deprived of the 

direct participation of the affected ship in the radio sea safety system 

in which each vessel is considered a potential lifeboat for all others. 

Thus, the entire sea safety network, which is knitted together by 

the safety watches stood on all vessels of 1,600 gross tons and over, 

would be weakened.

(3) Insofar as this particular legislation might lead to other, 

and more general weakening of the provisions which now require that 

vessels participate in this mutual assistance network all vessels everywhere might be rendered less safe, and the lives of passengers traveling on the ships and the men who earn their living by following 

the sea would be th at much more expendable.

To lower safety standards is to take callous and calculated risks. 

Men who go down to the sea in ships cannot win in such a gamble—a 

gamble in which their lives are unnecessarily risked to save expenses 

for the owners, who sit safely at their desks ashore, secure in their 

property behind vessel insurance coverage. It should be noted tha t 

the collective-bargaining agreements of all maritime unions presuppose a safe place to work, and do not require seamen to work under 

unsafe conditions.

The subcommittee is asked to note the full background of events that 

lead to this measure being before you at this time, including certain 

facts tha t might previously not have been made known to you.

On February 18, 1962, the Matson Navigation Co. applied to the 

Federal Communications Commission for an exemption, under section 

352(b) of the Communications Act, as amended, to permit the Matson 

to sail a vessel that company proposed to build, of over 1,600 gross tons, 

in the Hawaiian interisland trade, without compulsory radiotelegraph 

equipment.
62 RA DIOT EL EPHO NE S ON CERTAIN CARGO VESSELS

After full consideration of the facts submitted by Matson and the 

applicable law, the FCC denied Matson the exemption, by its order of 

March 6, 1963, which has previously been entered into the record by 

Commissioner Bartley.

On April 5, 1963, Matson asked the FCC to reconsider their request, 

and cited a number of furth er considerations, including factual data 

and automation plans, which Matson felt were pertinent.

On June 5, 1963, in its memorandum opinion and order, already inserted in this record by Commissioner Bartley, the Commission again 

rejected Matson’s request. Both orders were issued on sound and valid 

grounds, amply set forth in those two orders. They merit the careful 

study and consideration and support of this subcommittee, in its 

deliberations.

Then comes a truly startling development. On June 27, 1963, 

Wayne L. Horvitz, vice president of the Matson Navigation Co., wrote 

a letter to all of the west coast maritime unions with which Matson 

holds collective-bargaining agreements, including ARA and MMP. 

This letter contained within it a most brazen display of corporate 

arrogance.

We are submitting copies of the entire letter for the record, as ap ­

pendix A.

In forwarding a brochure on Matson’s automation plans, the letter 

sta ted :

Y on will no te th a t on pa ge 50 which se ts fo rt h th e pr op os ed man ni ng , w e ha ve 

not includ ed a lic en se d ra d io ope ra to r. Sinc e th e pre para ti on of th is br oc hu re , 

th e Fed er al Com m un ications Co mm iss ion has re fu se d to g ra n t us an ex em ption 

and ha s giv en us an adm in is tr ati v e ru ling t h a t th is ve ssel re qu ires r ad io te le gra ph 

eq ui pm en t an d, th er ef ore , th e ad ditio n of one lic en sed ra dio oper at or to th e 

m an ni ng set. fo rt h. M atso n, ho we ve r, is not in ag re em en t w ith th is ru ling a nd it 

is ou r in te nt io n to in tr oduce a hil l to am en d th e Com m un ications Act of 1934 to 

pr ov id e an ex em ption fr om th is re qui re m en t w ith re sp ec t to our prop osed in te ris la nd con ta in er vess el.

Please note the manner in which Matson proceeds: turned down 

twice by the regulatory agency responsible for issuing exemptions, 

Matson states they disagree with the FCC. It is, of course, their right 

to disagree. But, when they go on to state “it is our intention to introduce a bill,” many people will sit up and take notice. Here is fully 

revealed the type of mentality that has made the Matson interests the 

object of Justice Department antitrust proceedings under section 1 of 

the Sherman Act and section 7 of the Clayton Act, which were filed on 

Jan uar y 20,1964, and are now pending.

We do not question the good faith of the honorable Members of 

Congress who introduced the bills. We simply submit for their information the kind of attitude tha t lies behind the Matson interests, 

who are pressing for the adoption of this special-interest bill. This, 

however, is not all there is to the highly interesting prelude to this 

special interest Matson bill.

It should be noted that other steamship companies have been before 

the FCC for exemption in the past. Generally, when it was unreasonable or unnecessary to carry radiotelegraph equipment the Commission granted such exemptions. However, there were many situations in which it was not w arran ted to grant such exemptions, and the 

most interesting feature of this entire procedure is tha t those companies that came before the FCC with unwarranted requests for exemption and which were refused had. prior to their request and after
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 63

it, operated their vessels in complete disregard of the usual considera­ tions of safety. The two major cases before the FCC in recent years were the Oliver Olsen and the John Tennant Co. cases. In the case of Oliver J. Olsen, which had requested to proceed along the Pacific coast without radiotelegraph, we note that they managed to take an 11 ship fleet and reduce it to 1 or 2 vessels, all by sea casualties. Their vessels in this supposedly safe area suffered grounding, foundering, fires, collisions, every conceivable hazard. Luckily in the nature of their cargo there were not many lives lost, because lumber adds to the buoyancy of the vessel. But in a supposedly safe context this entire fleet proceeded to disappear. The more recent case, the John Tennant case, the order on which Commissioner Bartley entered into the record in the last hearing, in the course of the exemption procedures and without the knowledge of the FCC when they issued their order, but simul­ taneously with it, John J. Tennant & Co. lost two vessels, the Sea

Trader and the Alaska Spruce, which was the name of the case before 

the Commission. They lost them righ t in the course of the hearings.

The Alaska Spruce was lost on January 4 or was disabled on Ja n­ uary 4, 1964, just about the time the Commission issued its ruling. This is the significance of this thing. The Matson Navigation Co. comes before this committee for a bill of special interest to them. I think it might be interesting to note that there is some similarity in the safety record of this company. Here is a company which just within my recollection has in the last few years suffered quite an extraordinary number of marine casualties. On May 1, 1962, at 10 

p.m. at the harb or entrance to Kailulu the SS Hawaiian Educator,

a Matson vessel, collided with the tug William Walsh, and sunk it. 

Two men were lost and presumed drowned. It is my recollection that another Matson vessel collided with the U.S. naval submarine Permit

on another occasion. I recall that another vessel collided with the 

Bayou States, a States Marine freighter. There are any number of marine casualties in which Matson was involved, and if the committee 

wished, a careful tabulation could be made. The point I am making in all of this is that the companies that come before the Commission have all of these factors taken into con­ sideration and when they are refused by the Commission we have con­ tinually participa ted in these cases before the Commission, we have always challenged them to go to the Congress and see if they can get the law changed. There is a reason. We feel tha t on the evidence and the facts they will not get such a bill passed. We would like to point out th at there has been for 15 years a continual stream of these cases, a brazen campaign in progress to undermine and destroy the 

international sea safety radio network. The Matson effort is only the latest move in a series of open and covert maneuvers on the pa rt of those engaged in this campaign. The subcommittee must assess Matson's effort for this bill’s passage in the 

context of tha t campaign. There are in the maritime industry some shortsighted shipowners, whose actions demonstrate a persistent indifference to the value of human life. This is sad, but true. To them, immediate cost savings, and opportune business considerations, take precedence over human life and the safety of vessel and cargo. These penny wise and dollar foolish elements among steamship owners and operators—and note, we don’t say this is all of them or even the bulk of them, but some of
64 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

them—seek to avoid payment of the reasonable wage of a qualified 

radio officer.

And you note we do not say this is all of them or even the bulk of 

them, but some of them seek to avoid payment of the reasonable wage 

of a radio officer.

Of course, the factor of cost and business considerations are material 

and must not be overlooked. But, in the hierarchy of values, human 

life and safety are uppermost.

The very legislation requiring radiotelegraph equipment, operators, 

and watches aboard ship resulted directly from a succession of sea disasters caused by the failure of shipowners to provide safety at sea, due 

to their economic shortsightedness and callous indifference to the problem.

What impelled the Congress, in 1937, to adopt Public Law 97, th at 

added p art I I to title II I of the act, the terms of which this bill now 

proposes to amend. Was this public law the product of a brief and 

hasty consideration of the factors involved ? It was not.

A clear and concise summary of the background of Public Law 97 

was given in testimony before the House Interstate and Foreign Commerce Committee, by the Honorable Joh n McCormack, who noted :

“* * * the reason ship radio legislation w as passed in the first p lac e: it passed 

the Congress because of such disasters as the gre at loss of life aboa rd the SS 

Morro Castle. It was because of situ atio ns like this th at we learned of the 

shocking indifference of shipowners to sa fety of life at sea. Provisions for safety 

at sea through the use of radio was the result of Congress taking a strong and 

firm hand in passing Public Law 97 of the 75th Congress, after the shocking facts 

were disclosed in the Morro Castle investigation” (hearings on H.R. 4090, March 

21,1955).

At this point, we include, as appendix B, a brief summary of the legislative history of title II I, pa rt II of the Communications Act, as 

amended.

We have no intention of going into this. This is a 15-page history. 

It is a careful summary of every phase of the legislative history. Air. 

Haddock was part of tha t legislative history having participated in 

the 1935 to 1937 hearings.

Subsequently, he was a representative at the 1948 Safety of Life at 

Sea Convention. In 1960, the Safety of Life at Sea Convention in 

London was attended by the president of the American Radio Association and myself, as well as Commissioner Bartley, and all of this development is summarized. I am sure you gentlemen will give it the careful consideration it deserves. But for those who may not be familiar 

with the background and atmosphere that prevailed before Public Law 

97, which the bill seeks to amend, I would like to read a couple of very 

pertinent facts.

The Senate joint resolution in one of the first days of the 74th Congress, early in January 1935, acted against a background of a whole 

series of disasters that occurred involving U.S. citizens or ships. The 

Vestris, a British vessel, went down righ t off the coast of the United 

States. She took with her 153 men, women, and children. The supervising inspector of the U.S. Steamship Inspection Service commented at the time of the disaster, a fter making an investigation, and 

1 quo te:

Another lesson to be learned from the loss of the Vestris is tha t wireless should 

be required on all ships navigating the ocean or the coasts. Had such a law been 

in effect it is probable tha t everybody on board the Vestris might have been saved
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 65

because there was a ship w ithin as n ear as 45 miles of the Vestris but not equipped 

with wireless th at could hav e gone to her assistance.

This is what occurred on the Vestris. On the Morro Castle, the 

Morro Castle took to the bottom a large number of persons. The 

Mohawk did likewise. The Senate joint resolution resulted in an investigation. In this in­ vestigation there literally were scores of experts in every phase of maritime operation, naval architecture, operations, and radio. There were numerous reports and hearings that occurred over a period of 2 years. That is all I will say on the legislative history. If there are any further questions we would be glad to answer them. But this is what produced the law which this bill now seeks to amend. It has been aired about t hat at the time this law was adopted radiotelephone was 

not available or was not perfected. It is quite obvious to any person who peruses the record on Public Law 97, that Congress was well aware of both the advances claimed for radiotelephony as well as its continuing limitations th at prevent it then and now from replacing radiotelegraphy as a safety system for 

oceangoing vessels. It would be inaccurate to state tha t radiotelephony was not avail­ able, or even that i t was relatively underdeveloped at the time the 1937 Public Law 97 was adopted. As a matter of fact, in the hearing on that very public law, representatives of Great Lakes shipowners argued, successfully, for being omitted from the coverage of the act, on the basis of claims for radiotelephone advanced in those hearings. Thus, Mr. Gilbert R. Johnson, secretary of the Lakes Carriers Asso­ ciation, cited radiotelephone as sufficient for Great Lakes communications, and noted:

Geographically isolated as we are, vessels on the Gre at Lakes could not come to the assistance of ocean cra ft, and, similarly, ocean craft could not come to our assistance. There is, therefore, no need, theo retical or practical, for Gre at Lakes vessels communicating by means of the same radio tongue as ocean ships (p. 34, 

hea ring s on S. 595, Feb. 22,1937).

The differing radio tongues he was referring to was radiotelephone and radiotelegraph. Note tha t the vessels plying waters between H a­ waiian ports are not similarly geographically isolated from the ships of the world which are radiotelegraph equipped. They should there­ fore be able to speak in the same radio tongue, radiotelegraph, to be able to go to the assistance of those ocean craft and summon the ir 

assistance, when needed. The question arises, Why was radiotelegraph chosen, both domestic­ ally by Congress and internationally by safety of life-at-sea confer­ ences ? To answer tha t question is not to dispute the limited uses to which radiotelephone may be put, under conditions tha t make it both useful and practical, within its inherent limitations, but simply to set forth the h ard technical facts that are universally recognized, with respect to radiotelephone and radiotelegraph, tha t we have presented in appendix C, where we have compared radiotelegraph and radiotelephone and discussed them operationally. Tha t is the only appendix I would like to explain in detail at con­ clusion of the statement. The problem that is before you comes to you in part because automation has been on the agenda of many steam­ ship companies. It should be noted that Matson is not the only 

company tha t is considering automation.
66 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

Matson based its plea for consideration on its desire to experiment 

in automation, and bases its support of this bill on its automation program. However, the safety of lives and passengers should not be 

neglected in any automation process. Automation, yes; sacrifice of 

safety, no.

At the annual meeting of the AF L-C IO Maritime Committee, this 

fact was underscored in a resolution, which we have included for your 

information in appendix D, and which we commend to your attention.

We would like to underscore, in addition, the fact tha t such automation programs as this or any other company undertakes, in line 

with the established policy of the Kennedy and Johnson administrations, must be introduced by cooperative efforts of both labor and 

management. At the present time, Matson has proposed to try an 

“end run” around the collective-bargaining agreement provisions by 

pressing for this bill which is of special interest to Matson. However, 

for the information of the subcommittee, the passage of this bill will 

afford no economic relief for Matson, since that company is signatory 

to collective-bargaining provisions tha t require both radiotelegraph 

and radiotelephone to be handled only by radio officers, and no one 

else. (We have attached copies of these collective-bargaining provisions as app. E.)

We call attention to the fact tha t these provisions have been the 

result of harmonious working relationships with the masters and 

mates, the deck officers aboard the ships, as attested to by the exchange 

of letters between the presidents of the A RA and MMP, recognizing 

the handling of all radiotelephone to be properly the work of radio 

officers. (We attach the letters as apps. I and J.)

We note, moreover, tha t the collective-bargaining agreements of all 

unions require that the ir men shall be provided with safe working conditions. Seamen of all ratings, from the master to the messmen, and 

their unions, know when th eir safety is at stake, as evidenced by the 

AF L-CIO Maritime Committee resolution mentioned above.

What then does Matson expect to accomplish with their “special 

interest” bill ? Apparently, they hope to place the maritime unions 

on the defensive, by flexing their monopolistic muscles in this bill 

they announced they were going to introduce. Is this the way to 

smooth the way for automation, or is it likely to produce unstable labor 

relations in the maritime industry ? It is clearly the latter.

Matson has made, and indeed can make, no showing that the route 

and circumstances of the voyages of vessels in the Hawaiian interisland trade are substantially different or less hazardous than those 

encountered along any U.S. coast, to warrent the special treatment 

for this trad e th at this bill would provide. The Treasury Departmentletter of F ebruary 19, 1964, to this subcommittee, on this bill, makes 

this clear when it states:

We are not aware, however, of any fac tor s which require operations between 

Hawaiian ports to be trea ted differently from operations between oth er coastwise ports where vessels stay within the same range of land. As to this and other 

aspects, therefore, we defer to the views of the Federal Communications Commission.

w e might note tha t the great sea tragedy we have talked about, the 

Yestris, Morro Castle, or Mohawk all occurred within a short distance 

of the coast. The Morro Castle burned off the Jersey coast and was 

watched by people on the shore. Nonetheless, the only assistance that
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 67

could be brought to it was the great sea vessels in the vicinity radio 

equipped. I would like to make that point, that not a hundred thou­ sand pleasure cra ft can go out into the seas that a vessel encounters 

when it is in trouble. It is the large vessel of 1,600 gross tons and 

over, and that is the dividing line that has been set internationally and domestically, head into the sea, go to the side of the vessel in distress 

and provide a lee for the lifeboats and the survivors to be picked up. 

This is the important factor. The route is not “sheltered” ; that is, not entirely to the lee or land. The waters are such that vessels navigating in them encountered high winds, a high traffic density of vessels, on voyages both local and in ternational, since Honolulu is a stopover port for many ships, for cargo and bunkering purposes, among others. The area also has its unique 

characteristics, which includes some of the finest weather to be found 

anywhere in the world, and some of its worst. For the information of the subcommittee, we have excerpted refer­ ences to anchorages, tidal waves, and what is known as Kona weather, 

from the U.S. Coast and Geodetic Survey’s Coast Pilot 7, on Hawaii, as 

appendix K. This is based on the 110 years of observation by the Government agency having knowledgeability in the area and we commend your 

attention to the excerpts we have provided. This is not to attempt to say that the sun doesn’t shine on Honolulu. It does. It is our regret tha t we couldn’t have held this hearing there. This is simply to say tha t when the sun doesn’t shine this safety system is needed and 

others ought to be there. Close study of this da ta will verify the fact th at these are indeed no waters in which vessels may be exempted from participating in the 

radio sea safety system provided for vessels of over 1,600 gross tons, 

which are large enough to proceed in heavy weather to the side of a stricken vessel, provide a lee for launching lifeboats and for rescuing 

survivors from vessels in distress. In conclusion, there are eight major reasons, amply supported by the evidence presented to this subcommittee, why this bill should not be 

enac ted: First, the men who earn their living at sea, and passengers traveling 

aboard U.S. ships, are entitled to an adequate safety system, to give 

them the best chances of survival in seas disasters. Second, there now exists such a safety system, the international sea safety radiotelegraph network, in which larger ships of 1,600 gross 

tons and over have been effectively functioning to provide such safety, resulting in the savings of thousands of lives, in this present generation alone. Third, after almost 3 years of technical investigation and careful 

hearings the Congress adopted title II I, part II, in 1937, to fit the U.S.- flag ships which go into the open sea into this radiotelegraph sea safety 

system, in order to provide U.S. citizens working and traveling on the 

seas with the highest measure of safety.

Fourth, there is ample authority for the Federal Communications Commission to provide exemption from the requirements of title II I, 

part II , where such requirements would be unreasonable or unnecessary, under the hazards and circumstances of the voyage.

Fifth, such exemption was applied for by Matson twice, and all the 

facts in the Matson case were carefully examined by the Commission,
68 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

and exemption was denied Ma tson, since the hazards and safety considera tions of the voy age rou te are n ot shel tered, b ut are inde ed quite 

sim ila r to those p reva iling in o ther coastal voyages covered b y the a ct.

Sixth , the effect o f this bill is to enter an o penin g wedge that will wet 

the economic ap pe tit e of selfish com panies an d could lead to the 

weakening a nd ul tim ate d est ruc tion o f radio sea safety and the lives of 

those who dep end on it.

Sev enth, M atson ha s pro claimed to the unions w ith which i t barga ins 

collectively th at it can introd uce an d pass laws, in an effo rt to evade 

the collective ba rg ai ni ng process on the questio n of aut om ation, an d 

to evade the oblig ations to which Matson is com mitted un der its collective ba rgaining agreements.

Eighth, the radi ote lep hone equ ipm ent Ma tson pro pose s to be allow ed 

to substitu te fo r the effective radioteleg raph safety system is inadequate fo r som eth ing as crucial as safety com munica tion s un de r most 

circ ums tanc es, an d the so-called system pr ov iding saf ety th ro ug h 

radiotelephone is undiscip lined, chaotic, an d o ften inefficient.

I would like at this po int to ex pla in appendix C, which is the appendix comp aring radiotele grap h an d radiotelephone before making 

my final rem arks.

Ap pendix C is seven pages. I will not attempt to rea d it comple tely.

Mr. R ogers of Tex as. W ha t pag es a re those ?

Mr. Striciiartz. Pa ge s 30 to 37. I will no t rea d it bu t give a layman ’s guided to ur on th is ma ter ial. Th is evidence will sta nd un de r 

prob ate by any e xp ert s t hat i t is consid ered by since it is th e summa ry, 

the essence of the ex pe rt inf orma tio n th at is availabl e on these two 

syste ms.

We have listed the radioteleg raph system wh ich is know n as CW for 

con tinuous waves, in a colu mn-by-column com parison with the radi otelephone system which is known in intern atinal law and dom estically as A-3. We disc uss firs t the ap pa ratus. As to rel iab ility the 

radioteleg raph eq uipme nt is rugged and reliable. I t is t yp e a pprov ed 

by the FC C. By co ntra st the radiotelephone equ ipm ent is g ene rally 

low in sta nd ards since mo st tele phone un its are v olun taril y equ ipped 

on ple asu re boats, small fishing boats, an d cost is a con sideration . 

Th ey are cheaper. Th e pro vis ion s fo r bre akd ow n un de r rad iot ele ­

gr ap h is adequate. Th ere is a technica lly tra ined and experienced 

radi o officer. Th is is not ju st a dot-a nd-dash man. Th is is a tec hnic ian who can mak e pr om pt rep air s. For rad iotele phone there is 

no thing . There is a man who can cha nge a tube or fuse bu t if the 

equ ipm ent breaks do wn it is down. Th e poss ibility o f m isu nd ersta nd ­

ing or ev asion of responsibi lity is extrem ely impo rta nt. You will n ote 

th at the hot line th at was set up between Pr esiden t Kennedy and 

Khrushchev" was not a voice lin e; it was a record comm unication line. 

Th e reason for this was t wo fol d. No. 1, to avoid mi sunders tan din g. 

No. 2, to avoid evasion o f res ponsibility o r an ythi ng th at might resu lt 

fro m m isu nders tan din g. Record com municatio n is extrem ely im porta nt . I t can be the difference betw een lif e and de ath in the case of 

giving positions of vessels, a nd desc ribing situat ion s.

We know , fo r exam ple, in the Lac oni a distress mo re vessels mi gh t 

have gone to i ts a ssistance h ad th e m ast er of th e Lac oni a ind ica ted th at 

his vessel was a passenger sh ip wi th over a thousan d abo ard. This 

is one of the sad fac ts th at has eme rged in the afterm ath. Nonethe-
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 69

less, most of the Laconia people were saved. Their suffering might 

have been that much less had there been a clear statement as to the need for grea ter lifeboat capacity in the area. The two systems in this respect do not stand comparison. You can sit and shout into a micro­ phone at a very high rate. You can talk at 200 or 250 words a minute. Don’t get the idea from this, gentlemen, th at radiotelephone on a ship is similar to that. It is not even similar to your telephone which you use in your office or home. Your telephone on the ship is subject to considerable difficulties which will be described later in comparison. The most important thin g is to get 20 or 25 clear, concise, and accurate words through under any and every circumstance with respect to the 

possibility of misunderstanding or evasion of responsibility. On the next page is the language barrier. The language barrier on radiotelephone, as you gentlemen understand, is absolute. On radiotelegraph it is negligible since all radio officers have familiarity with the international code of abbreviations tha t is used. There is an additional problem in the language ba rrier and that is the question of foreign accents and these accents in the Hawaiian Islands are quite as serious as anywhere in the world. The accent problem is very serious with respect to understanding of communication. We come then to operating personnel. The radiotelegraph operator, the 

radio officer, is licensed by the FCC, with two of its highest licenses which require the knowledge of basic law, advanced electronic theory and practice, and radio procedure and equipment. For radio­ telephone, you can practically get a radiotelephone license by mail. 

It is a Sears, Roebuck-type license except for one or two of the very high radiotelephone licenses which are not required for radiotelephone operating on the high seas in most situations. Experience requirements—a man may not go out as the only radio officer abroad a freighter without at least 6 months’ experience. There are no experience requirements for radiotelephone. Training— 

The radio officer lias had specialized training. The radiotelephone personnel generally are trained but not in radio communications. 

Rut, from having been shipmates with these very fine and experi­ enced officers, they are trained in navigation, ship handling and 

other considerations and not in radio communications. It is not expected that a man is to have expertise in every area. We might add tha t the employers, the steamship companies, and the union or both unions (ARA and ROU), maintain a training program with 

a school in New York and San Francisco which is continually up ­ grad ing radio officers and which is currently engaged in upgrading 

radio officers for automation equipment and techniques. The accrual of knowledge—there is a continual accrual of knowledge and experience in the radiotelegraph system. There is a super­ ficial or no accrual in radiotelephone. Availability in an emer­ gency—radiotelegraph is immediately available. It is the sole responsibility of the qualified radio officer to handle emergency communications. But in the case of radiotelephone you have this situa­ tion : the master or the deck officers are struggling to save the ship. This takes the full focus of any man's attention and any group of 

men’s attention with expertise.

Wien you have the choice between the struggle to save the ship and the need to communicate about your situation, you can have not 

so much a conflict as a distribution of attention and energy and what
70 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

limited facilities a human being has. In an emergency there is 

just so much tha t a man has to give to a situation; where you have a 

radiotelegraph operator this is his prime responsibility. In radiotelephone it is one of many responsibilities. I think you gentlemen 

will agree attem pting to save the ship is a little more important than 

the help that might be necessary after the ship has gone down. The 

availability afte r leaving ports is for radio officers no problem because they are there. For the masters and mates this is the most 

exacting trial that a deck officer can go through, taking his vessel 

through the difficult waters and avoiding collisions, grounding, and 

all of the other problems that occur in harbor entrances and exists. 

We come to the heart of the matter in item 5, effectiveness. The 

effectiveness of radiotelegraph for satisfactory communications is 17 

decibels greater than voice.

The reason for this great difference which represents a power 

ratio of 50 to 1 is t hat with voice most of the intelligence is carried 

by the weak consonants and most of the power is dissipated in the 

less effective vowel sounds. This is the trut h in the nature of language. That the “u” is where your power goes but it is the “s” and the 

“n” sounds which have the least power tha t carry that intelligence 

and shape the meaning of the words. The facts are entirely different 

with radiotelegraph where all of the power radiated is in the form 

of useful communication. With radiotelegraph the intelligence is 

conveyed by the presence or absence of a simple signal. This is 

what constitutes Morse code transmissions. The 50-to-l power ratio 

mentioned above has been arrived at without considering the in terference which is normal on the bands. A voice communication has to 

be at least six decibels better than all other communication on the 

same band in order to be intelligible. But if any other signal is 

strong as or stronger than the one being considered is present anywhere within 6 or 8 kilocycles, the communications are impossible on 

radiotelephone. There is an entirely different story with radiotelegraph. With a highly selective receiver a weak CW signal can be 

selected or copied although other signals can be much stronger or 

less than 1 kilocycle away. Any radio officer knows that when you 

are copying a signal it is one of many signals tha t you are hearing 

but the one you are focusing on is the one you copy and you can 

copy it through anything. As the 50-to-l power ratio is arrived 

at under perfect conditions, it can be seen that this ratio is greatly 

increased as interference increases. On intelligibility of transmission, we have discussed the language and accent factor, but in terms 

of the communications technical problems, you have first of all interference. Interference is a facto r in any situation but for radiotelegraph it is low. It is unaffected by the presence of other signals on 

the same or adjacent waves in most instances.

In radiotelephone it is severe. It is curtailed by other stations on 

AM and, in the case of FM, F M’s “capture effect” absolutely permits 

the stronger signal to block out the weaker one. Note also the statement on the interference problem on 2-megacycle bands communication bv Harold F. Carey, the general manager of the American 

Tuna Boat Association, who made this statement in 1054, which is 

almost 10 years ago.
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 71

Very little has transpired tha t has changed this situation. We 

quote:

In what is termed the “local area ” (roughly nor th from 20° nor th latitude) 

our ship-to-ship communication is always difficult. In the summer and fall 

months when more tha n 4,000 boats are actively endeavoring to get their ideas 

across to each other, it is vir tua lly impossible. (See p. 33 of prep ared 

stateme nt, top, for source of this quo tation ).

The effect of harmonic radiation in CW is slight, in radiotelephone 

it is extremely bad.

The frequency problem is always a severe one since the frequency 

bands are not unlimited, especially in certain portions of the spectrum.

The bandwidth required for telegraphy is 0.224 kilocycles; telephony, 8 kilocycles. Radiotelephone requires from 3 to 36 times more 

space in the crowded frequency spectrum than radiotelegraph.

Flexibility, for CW you have a good deal of flexibility as to flexibility of frequency. Fo r radiotelephone you have preset channels 

which are available on a fixed basis and there is nobody who can 

recalibrate to acquire new frequencies. Selection of appropriate frequencies—the expert radio officer can select a frequency tha t can get 

through under most situations except absolute sun spot blackout 

and that nobody can do anything about.

The choice of propagation to employ, the radiotelegraph can do. 

The radiotelephone man has no expert information. The final point 

in this comparison is the performance record of both systems. I won’t 

undertake to read all that we have put here on the performance record 

of both systems but I would like to state th at the history of maritime 

radiotelegraph is an unsullied record of fidelity by the radio operators 

tha t has been growing to maturity during the past 65 years. For 

radiotelephone it has been rather poor. There has been no international network composed of radiophone equipment vessels for discipline. There are thousands of licenses tha t have been given to 

pleasure boats and these are incapable of participating in any sea 

safety network useful to larger vessels, such as the Matson ship. This 

doesn’t mean tha t there are not forces at work in the pleasure boat 

field, like the U.S. power squadrons, that are attempting educationally 

and in other manners to make order in the chaos.

I would like to call your attention to the fact tha t in 1954 the Chief 

of the Marine Division of the FCC pointed out what the problem was. 

We have a rather long quotation but it amounts to this: tha t radiotelephone has been confined to the smaller vessels. As you know, it goes 

down to 500 tons under the 1948 convention and it has gone down to 

300 to 1,600 tons since.

In the interest of safety at sea, we are glad to see this kind of thing. 

But Mr. Krebs noted that—

the action was highly significant in tentati vely elev ating the s tature of telephony 

at sea.

I use the word “ten tative ly” because in my opinion at least, the raisin g of 

telephony to this higher plane m ust he demonstrated by actual experience in its 

practical operation as a saf ety communications system at sea.

What has happened since then. Mr. Krebs pointed out that:

The enforcement sta ff of the Commission is severely limited in number. Th e 

situation, being d irec tly related to the allocation of Government ope rati ng funds, 

is quite beyond th e control of the Commission.
72 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

Considering the wide diversification of interests among the 39,000 

ship station licenses, and the absence of any centralized or national 

organization of these licensees in the United States, there is need for 

the best possible leadership in this field. Has this system improved 

in the interim? All reports indicate it has not.

In 1959, FCC noted on page 138 that—

The Commission has devoted special efforts to an enforcement problem occasioned by misuse of radiotelephone distress and calling frequencies by small 

boats. Superfluous communications, ju st p lain jabber, have been hampering the 

use of this frequency for its intended high priority purposes * * *. Unfortun ately the number of corrective actions is greatly exceeded by the number of 

tran sac tions (tha t is, t hey have not broken even). A disregard for official notices 

heralds a real and difficult problem * * *. Also, in the case of small boats the 

cap tain usually serves as radiotelephone ope rato r and has a tendency to ignore 

his responsibility to keep a radio watch and the distress and calling frequency 

(p. 138, “FCC Rep ort for F iscal 1959”).

In the last Commission annual report for fiscal 1962 we learn tha t 

there are now 116,000 station licenses issued to small boats and only 

“some leveling off in the number of violations.”

In other words, this has not diminished. There has been a leveling 

off in violations. The FCC goes on :

However, much work rem ains to be done both from an enforcement and 

educatio nal standpoint to alle viate the chaotic conditions th at still exist in certai n are as (p. 141, “FCC Annual Report for Fiscal Year 1962”U

Note that “chaotic conditions.” These are the undisciplined chaotic 

conditions tha t exist in the radiotelephone system which militates 

against withdrawing from the efficient radiotelegraph safety network 

as Matson seeks to do. The appendix then discusses, and I will not 

read them, four case histories on radiotelephone, one of which was 

discussed at some length, the U.S.S. Benevolence in appendix B, on 

the legislative history. The Princess Kathleen case, and the other 

two mentioned there, are discussed. We draw from the above four 

marine casualties, the following conclusions:

One, deck officers have more than enough duties to perform during 

safety emergencies without the additional function of communications 

being thrust upon them.

Two, the deck officers, though competent in their own field, lack the 

skill and experience necessary to perform safety radio communications.

Three, only the timely and effective intervention of radiotelegraphequipped ships salvaged the situations where the deficiencies of radiotelephone were present.

Four, when radiotelephone is substituted for radiotelegraph, there 

is a consequent decrease of sea safety for th at particular vessel as well 

as for all shipping, and the records show radiotelephone has performed miserably in emergencies involving safety at sea.

I think it should be fair to note t hat radiotelephone has performed 

well in some situations. These situations are generally the in-close 

situations and generally involve the U.S. Coast Guard whose role in 

sea safety should never be diminished and should receive the appreciation it has coming to it.

In preparation for this hearing we sent out a general request for 

letters from the men who have been sailing to the Hawaiian Islands. 

With your indulgence I will introduce copies of these letters into the 

record and make a larger number available later.
RADIOTELEPHO NES ON CE RT AIN CARGO VESSEL S 73

Mr. Rogers of Texas. Which letters are those ?

Mr. Striciiartz. These are letters from radio officers who have sailed in Hawaiian waters. We asked for the comparative character­ istics of radiotelephone and radiotelegraph in the Hawaiian areas.

Mr. Rogers of Texas. How many of those do you have ?

Mr. Striciiartz. We have about five or six.

Mr. Rogers of Texas. What length are they ?

Mr. Striciiartz. They go from one page to three or four.

Mr. Rogers of Texas. Is there objection to including those in the 

record ? If not, it is so ordered.

(The letters referred to follow :)

San F ra nc is co, C a l if .

S u b je c t: H.R . 8508.

Si r : I w as th ir d a ssis ta n t ra dio officer on th e M at so n N av ig at io n Co. ship 

M ar ip os a fr om Ju ly 4 to A ug us t 22 of 1903. The ve ssel was fitted w ith ra di o­ te le gr ap hy and ra di ot el ep ho ny . On a nu m be r of o cc as io ns we h ad teleph on e ca lls to m ak e to H aw ai i via st ati on KQ M (o w ner s: H aw aii an Te leph on e Co., 1130 A lake a Str ee t, H on ol ulu ). The ch ie f radi o officer in ch ar ge of teleph on e com ­

m un ic at io ns on th e M ar ip os a nea rl y al w ay s ex pe rien ce d g re at dif ficult y first 

tr yin g to co nt ac t KQM on th e ra di ot el ep ho ne and th e m ajo ri ty of tim es th e only w ay he co uld co nta ct him w as by firs t ale rt in g hi m on te le gr ap hy . A fter co nta ct w as es ta blish ed pr ob le m s ar os e du e to st a ti c in te rf ere nce an d d ri ft co nv er sa tion s th a t wou ld ru n as long as 10 m in ut es wou ld get a ch ar ge ab le tim e of on ly 3 or 4 m in ut es fr om FQ M. Th e oth er 6 m in ut es of co nv er sa tion wo uld be w ri tt en off du e to ab ov e-na med co nd iti on s. No do ubt th e logs of th e 

H aw aii an Te leph on e Co. w ill confirm this, not al one fo r th e M ar ip os a but fo r 

oth er ve ssels t h a t h av e us ed t h e ir fa cilit ies. On e big prob lem en co unte re d working KQM is difficu lty in under st andin g th e opera to rs un less co nd itio ns a re nea r pe rfec t. If th e si gnal is QSA 3 or th er e­ abouts or th er e is an y QR N or QRM ar ou nd it’s al m os t im po ssib le to mak e ou t w hat they are sa yi ng unl es s a pe rson is fa m il ia r w ith th e H aw ai ia n ac ce nt. In a lo t of ca ses unne ce ss ar y re pet itio ns w er e as ke d fo r by bo th en ds ow ing to th e ac ce nt prob lem. We ra re ly or ne ve r us ed 2182 or as so ci at e fr eq ue nc ies whe n in H aw ai ia n w ate rs as th e de lay in ra is in g th e st ati o n wou ld be too mu ch ow ing to pl ea su re bo at s or fis hing bo ats ho ld in g prol on ge d co nv er sa tion s on th a t freq ue nc y. Th e nav al sta ti o n on H aw ai i ca n ea si ly co nfirm th es e pra ct ic es a re com mon an d I'm su re th ey als o ex pe rien ce a lo t of diffi cu lty from th e same 

source. C over ag e: I t de pe nd s a lo t on th e po sition yo u are at, so meti mes if close up to th e la nd bo th th e nav al st at io n an d KQM are bare ly re ad ab le . T h at is w ith no QRN or QRM so m ethi ng th a t ve ry ra re ly ha ppen s be ca us e if you 

ha ven ’t go t one y ou ’ve g ot t he othe r. R ad io te le gr ap hy vers us ra di ot el ep ho ny in H aw aii an w at ers . My ex pe rien ce w ith ra dio te le gra phy a t H aw ai i has been th a t no m a tt e r w hat p a rt of th e is la nd yo u are a t yo u ca n re a d st ati on KHK on 500 kilocy cle s. Ther e are tim es whe n hi s sign al is not too st ro ng, QSA 3-4, but it is alw ay s po ssible to re ad him as ev er y le tt er is sp el led out when us ing te le gra phy and on 500 kil ocycles yo u hav e no pl ea su re bo at s or fish ing bo ats to c on te nd w ith , al so no a cc en t an d th e pe op le us in g 500 a re al l tr ain ed ra di o officers wh o re ali ze th e im po rtan ce of ke ep in g 

QRM to a m in im um . I sa iled on th e M at so ni a no w re na m ed th e SS L u rl in e as 

th ir d ass is ta n t ra dio officer from Aug us t 27 to Octob er 29 on a re gula r sc hed ­ uled ru n be tw ee n San Fr an ci sc o, H aw ai i, an d W ilm in gt on , Ca lif. Th e fo llow in g 

were my ex pe rien ce s w ith th e ra di ot el ep ho ne co m m un icat io ns : We ra re ly or ever tr ie d to us e th e ra dio te le ph one in H aw ai ia n w at ers . Jn fa ct , I can ’t re m em be r an y occasio n whe n it w as us ed fo r th e us ual re as ons QR M an d you ha d to be nearl y on top of th e st ati o n be fo re yo u co uld conta ct hi m on 2182 kilocy cle s. B ut a bett er ex am pl e of t h e po w er of th e ra di ot el ep ho ne th a t 

w as in st al le d in th e M at so ni a or L ur li nc , M at so n’s fla gship, pas se nge r ca pacit y 

750. Betw ee n O ctob er 1 an d 10—I can ’t rem em be r th e ex ac t da te —w he n w it hin 100 mile s of W ilm in gt on , Ca lif., we ca lle d one of th e loc al st ati ons a t Los Ang ele s an d aft e r abou t an hour m ad e co nta ct on 21S2 kilocy cle s. Con ditio ns w er e ba d, us ua l QRM . A ny way , we sh if te d up to a w or ki ng freq ue nc y an d th e c hie f ra dio officer, Bill Fre em an , pla ce d a ca ll fo r th e capta in (I th in k his na m e w as Chu ck
74 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

Webb, he was relieving captain on there) with Matson’s port captain a t Wilmington. That conversation lasted quite a long time, only about half of it chargeable, 

rest mutilated and every second sentence was a request for a repeat. Bear in 

mind that the vessel was less than 100 miles from Wilmington, it will give you 

some idea of the power of the radiotelephone trans mitter that is installed and 

are we now to believe th at the Matson Navigation Co. are going to go ahead and 

install a super-super radiotelephone transmitte r, and the receiver of the future 

guaranteed no QRM—I seem to keep hearing that tune “The Big Rock Candy 

Mountain”—on what they have been calling a barge when that's the best they 

could do for the flagship of their fleet with over 1,000 persons on board?

From the above you will gather Matson officials are well aware of the limitations of radiotelephony but they are closing their eyes to it and are giving a false 

impression to various people that are not familiar with maritime communications.

If it would be possible to get hold of the logs of the Mariposa Matsonia or for tha t matter any other vessel trading in Hawaiian waters that is fitted with telephony or the records from the Hawaiian Telephone Co. you will have no trouble 

proving that the greater parts of nearly all telephone conversations are mutilated by QRM and a big time delay exists in making contact 90 percent 

of the time. May I take the opportunity to say what a grand job I think the ARA 

is doing and I wish you every success in your fight against the forces of evil 

that are trying to push through H.R. 8508. A victory for them will undermine 

the whole structure of safety of life at sea based on a sound telegraph system 

and leave the door wide open for unscrupulous shipowners of every nation who 

don’t give a tinker’s curse for seamen and are only interested in cutting expenses with no thought for human life.

Fraternally,

Tom Manaher,

Group Two, Ex- SS “Sue L ykes”

Honolulu, Haw aii, Fe brua ry 22, 1961t

.

Good Morning, Mr. Rubin : Hoj)e tha t you had good weather during your 

recent visit to Miami, and did not leave any broken hearts down there. I have 

no fear of that, Joe, as you are all work and no play.

Called the office last Thursday from here to inform you that Captain McKenzie, 

Matson port captain, was testifying in Washington tha t he thought that telegraphy was not necessary on this interisland barge they now have, and that the 

phone service was quite excellent. Joe, I had the charges reversed because 

I knew tha t you were supposed to go to Miami for tlic pension and welfare 

meeting, but I was not sure just when. Mrs. Granger informed the operator 

tha t you would not be available until Monday. So. I got the information I 

wanted and it did not cost anything. I immediately wrote to my wife and asked 

her to let you know as soon as possible about the proceedings going on. I think 

you will be aware of the situation anyway. But I would like to give you a few 

details on the situation firsthand. Last trip McKenzie called me when we were 

in port and asked questions about the service, and 1 informed him I thought it 

very poor.

I pointed out to him that approximately one-quarter of the times you want 

to make a phone call you have to call KIIK, local telegraph station, and ask 

him to inform KBP, local telephone station (only one), tha t you are calling him. 

He finally comes on, and if it is daylight you cannot carry on a conversation 

with him within 100 miles. You cannot read his signals. Hilo, Hawaii, is 

approximately 193 miles from Honolulu where the station is based. Kahului, 

Maui, is 88 miles from Honolulu. Nawiliwili and Port Allen, Kauai, are approximately 93 and 108 miles, respectively. This barge is going to operate into 

all of these places so you can readily see tha t the communications is not going 

to be satisfactory at these distances. That there is a constant motorlike hum 

tha t you pick up on his frequency, and also on 500 kilocycles when you are 

within 200 miles of the islands. The noise makes it impossible to read him 

within less than a hundred miles as I previously stated. In the evening when 

you try to place a call, KQP, which is the Galveston, Tex., phone station, drowns 

out the KBP station and you have to wait for hours at times to make a satisfactory connection. Fourth, the Navy interferes with the KBP channel and 

I am constantly protesting because it interfers with the traffic going on and 

the operators refuse to make adjustments to the charges caused by the interference. Even though it was not the ship or shore station’s fault. Last trip
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 75

we were phoning the office and the shore station broke down for 6 hours. The call was not completed. When KBI’ did come back on the air and we were able to complete the call she added the morning charges to the second call also. I objected as the completion was not effected and due to the shore station equipment. But of course th e complaint fell on deaf ears. He also inform ed me at the time he had been in touch with the phone company and they were going to install new receivers and tra nsmi tters. He also complained that ships ar­ rived in Honolulu without calling the office 24 hours prior to arriv al by phone, which is Matson’s requirement. In Washington, according to the newspapers, he said that the service was very satisfactory and th at the telephone com­ pany and the Coast Guard both monitored 21S2 kilocycles. If they don’t monitor their own working frequency, refer to KIIK waking them up, how good of a job of monitoring are they going to do on 2182 kilocycles. Since I have been out here all of Matson ship and tug boat and pilot boat traffic is conducted on 2638 kilocycles. This is improper procedure and can get you a citation for improper procedure. Should call on 2182 and shift to 2638 to work. I found this situa­ tion when I came out here and it has been impossible to change the situation. I would not wan t to rely on 2182 kilocycles fo r an emergency because apparently it is not used as it should be. And as fa r as calling fo r help on 2638, th at is p rac­ tically an impossible situ ation because the fishermen are talk ing back and forth about how the fishing is where they are. When I say th at 2182 is not used as it should be, I mean that these fishing boats, etc., do not monitor 2182. On 2638 kilocycles they talk back and forth by name withou t identifying the ir statio n, which is also another violation. The Coast Guard in Honolulu does keep watch on 2182 and I think th at their log will sub stantiate th at there is very little traffic on 2182 while the traffic on 2638 is quite heavy all the time. So, there are the fellows listenin g 2638 obviously. The wa ters in this area do get quite rough and the winds get up quite high. These facts again can be sub­ sta nti ate d by the U.S. Weather Bureau, Honolulu. If they do get this barge in operatio n with permission, are they going to have an emergency phone in case the main set breaks down? Are they going to have an emergency power supply in case they lose the ir main power? I thin k these are questions that should 

be looked into. I called the SUP, MFOW, MC&S, MEBA, and MM&P and asked the ir local patrolm an to dispatch wire s to the communications committee protestin g the use on the barge as not complying with existing safety of life at sea regulations and also stating that the presen t setup in the Hawaiian Islands with the radio­ telephone was not a sat isfactor y substitute. I would also be willing to testify before an y committee on my experiences out here with communications. (Only) it is certain ly amazing how thi s jer k suddenly got to be an autho rity on com­ munications in such a sho rt time. He has been ashore here for the past 7 

or 8 years sailing a desk chair.

The Haicaiton Planter, Craftsman, and Packer have sailed for India with 

no pursers on board. I would like to have eit her Steinberg or O’Rourke write to these ships’ radio officers demanding th at they comply with sections 7, 8, and 9 of the agreement with I’MA. Especially since it is Matson involved, not that I condone or would do paj>erwork for any steamship company. I advised the captain on T hursday of wh at I thought of Captain McKenzie’s ability as an electronic and communications expert. Also put in the pa rt about the mate s being radio operators, pursers, doctors, and asked what else they were qualified for. But assured him I have not seen a qualified mate in any capacity in the whole of the Matson organization, let alone assum e all of these other jobs. 

Fratern ally ,

J ack Studen.

Matson Plan Hits FCC Snag

Washington.—Matson Navigation Co.’s plan to modernize its interisland cargo ships in Haw aii with radiotelephones has hit a tem porary snag c reated by 

the Federal Communications Commission. It was not that the FCC is opposed to the plan, but Commissioner Rob ert T. Bartley said more time and effort should be spent in fully inve stigating it. According to Matson, the radiotelephone system is a better safety device in the interisland traffic. It also will perm it Matson to use its new Isla nde r barge 

for quicker trip s between the islands, th e company said.

Capt. R. J. McKenzie, Matson marine o pera tions supe rintendent, told a House 

Commerce subc ommittee :
76 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

“When Congress, more than 25 years ago, chose radiotelegraph as the safety 

communications system for ships on voyages between American ports, it was not 

because it denied th e advantage of voice communication.

“The choice was dictated by the fact tha t there was no reasonable assurance 

at the time tha t contact could be made by radiotelephone in a safety situation.

“Radiotelephone equipment was still in a developmental state and few stations 

existed which could monitor a distress frequency for radiotelephone; indeed, 

a radiotelephone distress frequency did not even e xist then.”

But the situat ion is different today, said McKenzie. He said a radiotelephone 

contact for safety purposes in Hawaii is assured on a continuous 24-hour-a-day 

basis by reason of the stations in the area monitoring the distress and ship-toshore frequencies. However, Bartl ey suggested tha t the Hawaii plan be included in a general 

review of all radiotelephone and other communications on ships.

S.S. C.R. Mussek, Cristobal, C.Z., March 16, 196-b.

American R adio Association,

New York, N.Y.

Dear Sir and Brother: I sailed on Matson freigh ters between the Pacific 

coast and the Hawaiian Islands 1937 to 1940 without phone and again from 

194S to 1955 with phone. There were a considerable number of small fishing and pleasure craft equipped 

with phone around the islands then. Interference on the phone frequencies was almost always severe. The distance these small cra ft work is small and they 

will set the gain on the ir receivers low so will miss any calls not in their immediate vicinity. They could be of no assistance to a ship in trouble, but they would 

cause considerable i nterference on the phone bands.

We always had trouble, and not always successful, in trying to work anoth er 

vessel on phone when there was an island between the two ships. I can recall, 

once, while at Kukuihaele, 40 miles up the coast toward Honolulu from Hilo, 

I was unable to contact KQM, Honolulu, anytime during our stay there. Another time while at Hilo was unable to keep a prearranged phone schedule 

with the SS Hawaiian Ranch er who was at Mahukona, jus t across the Islan d 

of Hawaii from Hilo. And there were many more times tha t phone failed 

or was delayed, the details of which do not come to mind just now. It was a 

common thing to have the phone fail unless conditions were jus t right.

Of course, there are times when the phone works wonderfully, but a vessel 

in trouble cannot wait for favorable conditions. We all know tha t the higher 

phone frequencies are subject to fading, skipping, and reflection at times 

which makes them useless, while at the same time the lower frequencies, 500 

to 400 kilocycles, will get through with no trouble. Static is often a problem around the islands, and it always is in the tropics 

and anyone who h as stood both a phone and CW watch know tha t when conditions are rough, CW will get through with greater speed and accuracy, all 

necessary to anyone in trouble. Furth er, the communication on CW will be 

handled by someone who has made a career of radio communications, not by 

someone out for a pleasure trip some weekend, or someone whose interests 

are in commercial fishing, towboating, etc.

Our phone trans mitters on the Matson ships in those days was built by 

RCA with plenty of power, but it takes more than power to overcome skipping, 

fading, echoing, and other fau lts characteristic of frequencies in the 2-megacycle and higher bands, especially so in an area of high mountains, narrow 

channels between the islands, such as the Hawaiian group.

I can recall no particula r difficulties I had with the CW equipment, even 

of World War I vintage around the islands the several years I worked out 

tha t way. These phone calls to the company office, etc., a re almost always made during 

the daylight hours when the higher frequencies have settled down and become 

stable and anyone whose experience has been limited to these calls (masters, 

agents, etc.) will soon arrive at the opinion tha t the phone works wonderful 

and is the answer to all the ir problems.

I regret tha t I haven’t more specific cases of phone failure to offer you and 

you have my sincere best wishes for your efforts for th e 19 th .

Respectfully,

Roy J. Whittington,

Ex SS Mapele, ex SS Hawaiian Forester.
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 77

SS “President Harrison” at Guam, Marianas,

March 11,1961,.

ARA National Office,

New York City, N.Y.

Gentlemen : About 3 years ago I took a relief job for one trip (3 months) on 

the Matson steamer Ventura.

There was a radiotelephone in the radioroom.

I remember Captain Gately requesting me to alert the radio station a t Sydney, 

VIS by telegraph to their radio telephone circuit so he could talk to the agent. 

I contacted VIS on 500 kilocycles OW while about a hundred miles distance from 

Sydney. However, contact could not be established on radiotelephone until 

we were about 20 miles from Sydney.

Coming up from Australia to Honolulu I kept a watch for the Honolulu phone, 

and only when we were 25 miles from the city could contact be established. 

It was nip and tuck all the rest of the way into Honolulu. Sometimes phone 

connections could be made when the noise level was down, and there was a pause 

in the interference. It was very difficult and spotty communication with the telephone. However, we did not worry too much as radiotelegraph provided instant 

contact with Honolulu at any time.

I am now the radio officer aboard the SS President Harrison. At this instant 

as I write, we are passing the Hawaiian group of islands, on our way to Guam 

from San Francisco. The ship’s Guam traffic is routed via the RCA radiotelegraph facilities at Honolulu. The radiophone facilities at the same city are 

useless except for entering and leaving the harbor but even then sometimes 

gets jammed out by local interference. This never happens to the radiotelegraph facilities.

It has been my experience that the radiotelephone is good only for very 

short distances and then under only good conditions. These good conditions 

are the exception rather than the rule when a moving vessel is traveling from 

one port to another. On the other hand, the radiotelegraph is almost impossible to 

stop under any conditions.

Respectfully,

Josiah J. Taylor.

Glen Ellen, Calif.

Honolulu, Hawaii, March 16, 1961,.

Dear Mr. Steinberg : Your request for information on telephone conditions in 

the Hawaiian Islands was received last night. Since we are arriving and 

sailing Honolulu today, and with the hearing date near, the composition of a 

formal and detailed letter is precluded. The following information is presented 

as a statement.

The radiotelegraph mode of operation is completely reliable and rapid, par ­

ticularly within the distances involved in interisland movement. Under similar 

conditions, radiophone is usually reliable, with qualifications.

When running in island waters, areas are encountered where phone contact 

sometimes cannot be immediately established with the coast stations. This is 

true even with the considerable height of our antenna. The interisland ship has 

a much lower silhouette and will have a resu ltant lower antenna height, plus 

a sailing route closer to the island land masses than the larger freighters.

Radio station KBP (RCA telephone) cannot always be raised, even though 

distance and conditions are favorable. In such a circumstance the practice is 

to contact either NMO (U.S. Coast Guard) or KIIK (RCA) on the radiotelegraph net, requesting they contact KBP via their landline facilities and notify 

him of the attempt to establish contact. KBP then comes up on frequency, 

and communications are generally established.

Without the use of the telegraph net, two courses of action are possible: ex ­

tended calling in violation of FCC regulations, or deferring the call until a 

late r time.

Only two stations can be seriously considered a part of the 2,182-kilocycle 

emergency net—NMO and KBP. Of the two, NMO is the more reliable. Fishing 

vessels in these wate rs generally operate only dawn to dusk, and on 2,638- 

2,738 kilocycles.

In observing ship’s personnel in the use of the radiophone over the past few 

years. I’ve noticed the following: rarely if ever, do technically unqualified personnel recognize trouble symptoms as they occur. Invariably, in my experience,
78 RA DI OT EL EPHO NE S ON CERTAIN CARGO VES SEL S

th ey m us t be in st ru cte d to ce ase ke ying th e tr an sm it te r be fore se riou s da m ag e 

to th e u n it w ou ld re su lt.

By sp ot ting sy m ptom s as th ey dev elop, co rr ec tive step s are po ssible th a t ke ep 

‘•dow n'’ tim e to a min im um . Sinc e an em erge nc y si tu ati on is a tr an sm it ti n g 

si tu at io n, lon g “do wn” ti m e is p ot en tial ly d is as tr ous . T his is part ic ula rl y so w ith 

no ba ck up sy stem on w hi ch to rely in ca se of m aj or or un iq ue brea kd ow n.

Su mm ar ily , ra di ote le phone in nea r- sh or e w ate rs is quit e re liab le whe n co ntr olled by te ch ni ca lly qu alifie d pe rson ne l, an d ca n be m ad e more so w ith a secondar y r ad io te le gr ap h fa ci li ty .

B ut , re gard in g th e in te ri sl an d ship, I be lie ve th e m an ni ng of it by a lic en sed 

ra dio officer w ith th e sole duty of m ai nta in in g a sa fe ty w at ch is unre al is tic. I 

be lie ve he sh ou ld ha ve ex pa nd ed seag oing du ties an d resp on sibi lities , which 

wou ld mak e him a pro duc tive as well as pr ot ec tive mem be r of th e cre w.

The Inla nd er is a new co nc ep t in sh ip pi ng an d ca lls fo r a ne w co ncept in m an ­

ni ng . I th in k if yo u’ll quer y th e ob jective elem en t of th e mem be rsh ip, a co nsi der ab le n um be r I belie ve, yo u’ll find th a t th e m aj ori ty do n ot mind w or ki ng fo r 

a liv ing, part ic ula rl y if dig nit y an d co mpe ns ation ac co mpa ny th e dis ch ar ge of 

th e ir d uties.

I re g re t th at, tim e be ing es se nt ia l, I ca nn ot now ex pa nd th is the me . I inte nd 

to in th e nea r fu tu re , but fo r now I hope th is le tt er will in som e way co ntr ib ute 

to th e s tr en gt he ni ng of the AK A po sitio n a t th e he ar in gs .

F ra te rn all y,

R obert R. Lengye l,

Radio Officer, SS Hawaiian/KPXP, Al l A Book No. 628.

Mr. Strichartz. I thin k you will note from the letters these are 

entirely objective. We did no ask for a loaded case. We asked for 

all of the factors at play. There is a letter from Mr. Taylor, who is 

now on the President H arrison and who notes the difficulties involved 

in establishing radio communications in the Hawaiian Islands. There 

is a letter from the SS Musser. Mr. Roy J. Wittington. A letter from 

Robert, R. Langyel, radio officer aboard the SS Hawaiian. Inter ­

estingly enough you will note in each of these cases writing to the 

president of the ARA these do not hesitate to express different and 

varying views.

For example, they understand tha t there will be changes and they 

are willing to be realistic and provide more service and more ability 

and more training. There is a letter which did not come as a result of 

a request but came as the result of a clipping in a Hawaiian newspaper 

from a Mr. Jack Sturm, who noted many characteristics of the radiotelephone traffic in the islands. There is a letter from Mr. Thomas M. 

Manaher, who was formerly on various Matson vessels. They make 

various points.

The recurring theme we get is that the radiotelephone system in the 

island is poor and in order to utilize it, it has often been necessary to 

have the radiotelephone station alerted by means of radiotelegraph. 

The Coast Guard or a radiotelegraph station is called and asked, “Call 

them up and tell them I am calling them.” While Matson is optimistic 

about the type of service they are going to get, I would doubt tha t for 

one single vessel, or even a few vessels, there will be a considerable 

change of service in the islands. I note tha t while a great deal of 

material has been introduced as to the radiotelephone facilities in the 

islands, the fact still remains that the radiotelegraph facilities are 

available and effective. There are two technical points tha t should 

be noted. When there is a land mass intervening between the vessel 

and the station receiving a signal, land effect is in direct relationship 

to the height of the antenna. The silhouette of this vessel is considerably lower than some of the big vessels th at are discussed in these 

letters.
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 79

Therefore , on the basis of the unrem itting search by this country to 

enhance the safety of lives and property at sea; the congressional wisdom embodied in present radio safety legislation; the need to uphold 

the FCC in its conscientious application of the intent of Congress, as it 

has displayed in the Matson case, in order to maintain orderly governmental processes; the failure of Matson to provide a basis for any 

special-interest legislation such as it is requesting; the need to avoid 

encouraging private companies to try evading their collective bargaining obligations, especially in the crucial areas of safety and automation; the consequent need to maintain stable labor relations on the 

maritime industry to the end that technological progress may be made 

in an orderly and cooperative manner; the fact that passage of this 

special-interest bill would tend to weaken, and might ultimately end in the destruction of efficient and necessary safety radio system: the need 

for Congress to reaffirm the bipartisan public interest in maintaining 

high sea safety standards, both domestically and in compliance with 

our Nation’s treaty obligation, we submit that the public interest would 

be served by rejection of this bill, and urge this course upon the subcommittee most strongly. Thank you for your time and the attention you have given us, gentlemen.

Mr. Rogers of Texas. Tha nk you, Mr. Stric hartz. The groups 

which you represent, Mr. Strichartz, do they operate also in the Great 

Lakes area ? I mean the people who are members of the groups on the 

seacoast, would they be members of the same group in the Great 

Lakes?

Mr. Strichartz. No, sir; they do not. The only occasional voyages 

of deep sea vessels into the lakes now that there is a seaway bring the 

deep sea vessels into the lakes. Our people are on the lakes and while 

on the lakes they provide communication services in conjunction with 

others aboard the ship.

Mr. Rogers of Texas. Are the members who work on the Great Lakes 

shipping industry members of the National Maritime Union and 

Brotherhood of Marine Officers ?

Mr. Strichartz. Some of them are members of the National Maritime Union. When we say 90 percent of the U.S.-flag merchant marine 

in the deep sea area, we exclude those vessels navigating solely on the 

lakes.

Mr. Rogers of Texas. Why wouldn’t the problem be the same with 

regard to everything except the language barrier insofar as communications between ships on the Great Lakes are concerned ?

Mr. Strichartz. This is an entire question of its own. What was 

done in 1937 was to consider the specific situations that relate to close 

order navigation in th e canals and channels and rivers and the lakes. 

Special provision was made for them. The biggest factor that was 

introduced was that there was no need to intercommunicate with the 

other deep sea vessels who were in the radiotelegraph system because 

they could not get out to help them and the big ships couldn’t get in 

to help them.

Mr. Rogers of Texas. T understand that. What T am thinking 

about is the radiotelegraph operations as between ships plying the 

Great Lakes. Isn ’t it just as important that lives be saved as between 

ships on the Great Lakes as it would be between ships on the ocean ?

Mr. Strichartz. Tha t is true, sir. If you are asking me whether
80 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

1 agree that the use of radiotelephony on the Great Lakes is the best 

of all possible systems, I would have to answer “No.” But in arriving at the decision to exempt, the lakes the Congress decided th at this 

represented an exceptional situation which did not require an intermix 

with all the other vessels of the world. With respect to the voyages 

on the seacoast in the Hawaiian waters there is the need, the opportunity, and the desirability of fitting into tha t worldwide system.

Mr. Rogers of Texas. That is the reason I asked you if the groups 

you represent had membership in the Great Lakes areas. I was wondering why these groups, if they do have membership in there, did 

not insist on radiotelegraph in the Great Lakes and why they yielded 

to radiotelephone.

Mr. Strichartz. I think tha t the problem in the lakes is really one 

of close water navigation. It is similar to the provisions tha t are 

made in the deep sea when you enter harbors for bridge-to-bridge 

communication by radiotelephone which occurs on the deep sea. At 

the actual harbor entrances and in this close order navigation there 

is this need to exchange signals with vessels tha t are very close, a 

few hundred yards or a mile or two. In this situation the radiotelephone has its limited uses, a mile or two. Generally this is conceded 

by pretty much everybody. But in the 200-, 300-, 400-mile stretch of 

waters in and around the inlands this is considerably different.

Mr. Rogers of Texas. If the Morro Castle had been an equal distance off the shore of the Great Lakes or a ship that size as it was 

off the coast of New Jersey, would the loss of life be the same, do you 

think, or would there have been means of rescuing people off that 

ship that were not available otf the New Jersey coast?

Mr. Strichartz. I think the question is difficult to answer. It relates to the number of vessels that are equipped by different systems. 

In the lakes the phone system has developed prior to the congressional 

investigation and in the deep sea the telegraph system had developed. 

It was based on the greater distances. I would say offhand that for a 

span of 8, 10, 20 miles, radiotelephone might almost be as effective, 

with the limitations that are set forth as to personnel and what they 

are doing. Unfortunately, on the Morro Castle you ran into the 

problem of a master who was so busy try ing to save his ship in a fire 

tha t he died and a chief mate who became master in a matter of 

minutes and neglected to send out an S O S until very much too late. 

There you have the problem in a nutshell.

Mr. Rogers of Texas. What I am getting at, Mr. Strichartz, is 

this: The thing I cannot understand is if this radiotelegraph saves 

lives on the ocean and it is the best available, why it should not be 

used on the Great Lakes.

Mr. Strichartz. I agree with you, sir. It is the best available. I 

think it would find usefulness on the Great Lakes. This is a chapter 

in the history of the legislation tha t we have not been able to turn 

back to. It was before my day.

Mr. Rogers of Texas. I thin k some of the other members may have 

some questions on that. Let me ask you one further question, and 

then we will proceed with the other questions.

What would be you feeling, on page 1, line 7 of the bill, if the words 

“in the course of a voyage” were stricken out and inserted in lieu 

thereof with the words “are engaged exclusively in voyages”? As I 

understand it, that amendment was discussed before at the hearings
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 81

of this subcommittee and it would limit the application to specific 

vessels. As far as the m atter is presently concerned, as I understand 

it, it would limit this specifically to the one vessel in controversy here 

or in question here, the Matson vessel that is now plyin g between those 

ports.

Mr. Striciiartz. We would still feel tha t this constituted the unwarranted breach of a system, the unwarranted withdrawal of a vessel 

from the system. In the course of the legislative history we have included references to the rationale of the Congress. The Congress felt 

tha t you must include the maximum number of vessels in any network. If you could know which vessel could be available when a 

vessel is in distress you could exempt a vessel which would never be 

available. The FCC has on occasion done so. But each time you 

remove a link from a chain you weaken the chain. Each time you 

remove another violin from an orchestra it gets down to the point 

where it is a quartet and then where you can no longer hear it. Every 

instrument in the orchestra is necessary and we think the link in the 

chain is necessary. We would be firmly opposed to this treatment for 

this vessel in these waters.

Mr. Rogers of Texas. You would be opposed to tha t bill if the 

change was made ?

Mr. Striciiartz. Yes, sir.

Mr. Rogers of Texas. Mr. Moss?

Mr. Moss. At the present time this vessel is operating in the 

Hawaiian trade, is tha t correct?

Mr. Striciiartz. We understand tha t there is a barge operating 

in the Hawaiian waters under tow.

Mr. Moss. The experimental vessel is now operating under tow as 

a barge, is tha t correct ?

Mr. Striciiartz. Tha t is correct, sir.

Mr. Moss. What is the difference, then, if you make it selfpropelled ?

Mr. Striciiartz. When it is made self-propelled, sir, it becomes 

a vessel which can and should participate in the safety network on 

behalf of those aboard the vessel and on behalf of those aboard 

other vessels that are in the same waters. That is the total difference.

As a barge it is an unmaneuverable vessel which reasonably cannot 

be expected to go to the aid of the other vessels. As a self-propelled 

vessel, it becomes a vessel which qualifies by virtue of size, ability to 

navigate, and everything else.

I might add, sir, tha t the speed given or the proposed speed given 

for the vessel which we understand is in the neighborhood of 11 knots 

is a speed tha t many a freig ht has, including all of the Liberty ships 

tha t are still operating, and there are something in the neighborhood 

of a hundred in the American flag and many under other flags.

Mr. Moss. On page 3, at the bottom of that page of your statement 

you state th at first it should be noted that the wording of he bill is not 

confined to a provision to exempt a single experimental craft from the 

radiotelegraph requirements for communications. Would your position be different if it were confined to a single experimental craft ?

Mr. Striciiartz. I think our position would not be different, but the 

point we were making here is tha t as it is presently written the language is drawn very broadly. We don’t feel th at this p articular body 

of navigable waters would be subject or should be subject to a relief
82 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

from partic ipating in the system. We might add something else: We 

have read the brochure of Matson on their semiautomated ship. Reading it over it is not a semiautomated ship and it is not at all realistic 

as an approach to automation. Many of the other companies have 

mation plans but they have included people who will be aboard for the 

purpose of providing the necessary maintenance, repair, and standby 

for breakdown. What do you do if something goes out on this vessel ? 

Blow a whistle, shout, or are they going to holler on radiotelephone? 

Are they going to send out a repair crew by helicopter? Are they try ­

ing to tell us that a vessel that navigates in the open sea is not going 

to be subject to breakdowns? Your washing machine sitting on the 

cement floor of your basement is. We submit, sir, that an expert radiotelegraph officer who is also an electronic technician has a useful part 

to play on a vessel with automated equipment, because automation is 

essentially communications and control by electronic instruments.

Mr. Moss. In your statement, on page 34, you mention the number 

of licenses for radiotelephone issued bv the Commission. I believe 

116,000. Do you have figures indicating the number of those in 

Hawaiian waters?

Mr. Strichartz. We do not, sir. But we understand that the testimony of Matson in the last hearing that figures were introduced on the 

record that indicated tha t there are some thousands of small craft in 

the Hawaiian waters. There was a letter from some organization of 

small craft operators which gave some figures of th at sort.

Mr. Moss. In the extemporaneous comment, not in your prepared 

text, you said that radiotelephone conditions around the islands were 

poor; that you frequently have to call and alert by other means.

Is there some characteristic or is it contended that some characteristic in the island area is different and therefore interferes with the 

frequencies upon which the radiotelephones operate?

Mr. Strichartz. The condition that exists in Hawaii may be a trifle 

better or worse than other places. But this is largely the experience 

tha t has been encountered in many areas. The ability to raise the stations is a rather poor one.

First of all, the radiotelephone is subject to interference. Two 

kinds of interference, natural and manmade. You get the interference 

of atmospherics, known as static. You also get manmade interference 

from other ships. You have a lot of pleasure-boat owners out there 

jabbering away about their personal affairs. You have tuna boats 

and other fishing cr aft owners and operators talking about business 

conditions and it is impossible to get them off. The letters we have 

gotten from the islands are interesting in tha t they indicate tha t the 

radiotelephone provisions in the islands are just not that good.

Whether that is due to the nature of propagation in that particular 

area or poor provisions or both is something I cannot answer.

Mr. Moss. Have you any knowledge of any technical studies of this 

condition in the islands tha t could be referred to by the committee for 

its information?

Mr. Strichartz. I don’t know of any technical study on the condition tha t could be referred to by the committee. There are, however, records of what happens when you make a radiotelephone call 

and how you are charged in tha t area. That is mentioned in these 

letters. Quite often the difficulties of radio communication by radiotelephone can be seen in this manner. To make a 3-minute call, you
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 8 3

have to spend 10 minutes repeating and repeating and repeating. 

There have been a number of controversies between radiophone call- makers and the Hawaiian Telephone Co. or whatever the company’s 

name is, stating that they should not have been charged for 10 min­ utes when 3 minutes is all the communication they got out of it. In 

the course of these letters there is mention of some of these factors. This indicates the kind of problem that exists. If you must continually 

repeat, and repeat when life is at stake you are just going to be in very 

poor shape. Frequently you won’t get through at al 1. Mr. Moss. In other words, you feel th at the commercial phone com­ pany there would have records tha t would tend to indicate this to be 

the case.

Mr. Strichartz. I don’t know whether they have those records, sir, 

but, I know in the course of these letters there are specific instances 

referred to continually which go to that question. Mr. Moss. What, is the experience in contacting the Coast Guard 

stations in the islands by telephone?

Mr. Strichartz. Generally better, although as you know the Coast 

Guard is not engaged in commercial communication. The experience 

with the Coast Guard stations generally is better, but with respect to 

radiotelephone it is not that much better because of the inherent limitaions of the system.

Mr. Moss. Have you any comment from the Coast G uard officials in the area as to their views on the efficiency or effectiveness of radiotelephone?

Mr. Strichartz. The Treasury Department letter went to the question of the, fact that they do see no differences between the Hawaiian 

waters and the other coastal areas and therefore they were deferring to the F CC in this respect. But this is something we generally find. If 

anybody takes the trouble to write to the Coast Guard about provisions that they have for one or another type system they will get a good 

clear answer. We note that Matson has done this with respect to radio­ telephone. They might also do the same thing with respect to radiotelegraph. We note that the Coast Guard maintains radiotelegraph 

facilities on the island as well.

Mr. Moss. Do you feel that the additional stations which are to go 

into service and those now existing would not provide adequate insurance of communication in time of emergency ?

Mr. Strichartz. Yes, sir: I do so feel. We have queried people 

about that and it is t heir feeling tha t radiotelephone is simply not going to be adequate unless you have a much closer range than is in dicated in these voyages—8-, 10-, 20-mile ranges you can handle. Although when you eret up to 20 you are on the limits of your effective communication. But when you have large land masses intervening 

and long runs you won’t, have effective communication. I might add 

that this is all projected and in the future, and we would have to judge 

by the experience after the new facilities go in. But we would urge tha t the committee not act in haste on legislation tha t is based on possible plans and the. possible results that may come from these plans 

of the private company in the islands.

Mr. Moss. This is specifically limited to Hawaiian waters?

Mr. Strichartz. Yes, sir.

Mr. Moss. The proposed legislation?

Mr. Strichartz. Yes, sir.
84 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

Mr. Moss. This would require the concurrence of the Congress in 

such a request ?

Mr. Strichartz. It. is addressed to Hawaiian waters, but we feel it 

is not warranted against the background of the route conditions, the 

communication facdities available and the most important thing, the 

need to maintain the integrity of this worldwide radio safety system. 

I would like to stress tha t men on the ships feel extremely strong about 

this. Generally speaking their a ttitude is tha t they will not go to sea 

without a ship radio officer.

Mr. Moss. If this bill should become law, it would still require negotiations between your organization and the operator of the vessel before it could undertake to rely solely on radiotelephone?

Mr. Strichartz. It is true that we now have a collective bargaining 

provision which obligates the company to continue using radiotelegraph officers for all communications. Those collective bargaining 

agreements would not be abrogated by the change in the law. But the 

law would be breached.

Mr. Moss. In other words, it would still have to be negotiated?

Mr. Strichartz. Yes, sir. The collective bargaining provisions 

would still be in effect, but the law would be breached and the safety 

system would be weakened.

Mr. Rogers of Texas. Mr. Younger.

Mr. Younger. Than k you, Mr. Chairman.

Wha t is the tonnage of the largest vessel in the tuna fleet? You 

casually mentioned the tuna fleet in your testimony.

Mr. S trichartz. I can't answer accurately. I would venture the 

opinion that it is not over 1,600 gross tons.

Mr. Y ounger. You think they are under 1,600 gross tons?

Mr. Strichartz. I would imagine they are, sir.

Mr. Younger. In other words, if any ship used in the island waters 

tha t was 1,600 tons or under would not have to comply with this anyway, would it ?

Air. Strichartz. That is correct, sir. The 1,559-gross-ton vessels, 

or the vessels under 1,600 tons, would not. Generally speaking, you 

will find this to be true. That either a vessel is 20, 40, 80, or 150 tons 

or they go to very large units. There is an economic point for operating a very small vessel and once you get into the larger classes you 

generally operate well above them.

For example, this automated ship is to be on the order of 3,000 

gross tons.

Mr. Younger. That is all.

Mr. Rogers of Texas. Mr. Hull.

Mr. Strichartz. Mr. Chairman, may I beg your indulgence for a 

bit of information that has come to my attention in the last minute. 

A newly formed steamship company has purchased the SS President

Hoover, which is a large passenger ship. It plans to convert the 

President TIoover into a luxury resort ship which will ply among the 

four major islands of Hawaii beginning late this summer. I think 

tha t the subcommittee should note—would know nothing about the 

Hawaiian line-----

Mr. Rogers of Texas. Let us wait to discuss that until Mr. Hull 

completes his questions.

Air. Hull. I have just one.
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 85

On page 6 you say in reaching its decision on matters crucial to 

sea safety, the subcommittee should consider a brazen campaign which 

has been in progress durin g the last 15 years to undermine and destroy the international sea safety radio network. What are the other 

instances beyond this one th at you made a point on today?

Mr. Strichartz. They are carried in the appendixes star ting on 

page 20 going to page 23. We have the SS Benevolence and the other 

instances. They are set forth in some detail.

Mr. Hull. It seems strange to me t hat our great shipping industry —incidentally, I come from the Midwest and the largest body of 

water I am adjacent to is the Missouri River—it would seem strange 

to me that our great steamship companies would be opposed to safety 

factors.

Mr. Strichartz. The great steamship companies as of now have not 

been opposed to safety, except for this one company, Luchenbach, 

which was an unsafe operating outfit and lost many ships. We find it 

is the companies that disregard safety in other areas tha t want to 

breach this radio safety system.

Mr. Hull. Are you talking about foreign ships ?

Mr. Strichartz. I am talking about some American companies. 

We ran into this problem in 1952, 1953. At pages 20 to 23 of our 

statement we discuss it in some detail.

Mr. H ull. I notice you mentioned several times it would be loss of 

one radio operator. I)o they have just one radio operator on ships 

that ply the seas?

Mr. Strichartz. Yes, s ir; they one radio officer who stands an 8- 

hour watch. They have an automatic alarm which responds to a signal 

that is actuated by vessels in distress. The radio officer maintains the 

equipment, repairs it when it is out, stands his watch, and obtains for 

the ship all these services and provides the communications in distress 

when it really matters.

Mr. H ull. Would the difference be in the cost of operating a vessel 

comparing the two together, radiotelephone and radiotelegraph.

Mr. Strichartz. I would say there would be no personnel difference 

for this company since this company is obligated by its collective bargaining agreements to maintain a radio officer.

Mr. Hull. This would not mean an economy measure for them?

Mr. Strichartz. I think they harbor the notion that they are going 

to get away with it. But I don't think they will. For one thing, the 

mates are not about to pick up this work. They feel they are doing 

some pretty important work, and they are. We are not about to give 

it up, sir.

Mr. Hi ll. How much money would be involved if they were to 

get away with it?

Mr. Strichartz. The annual wages of a ship radio officer run 

basically something like $700 a month, which runs in the neighborhood 

of $9,000 a year. The cost of feeding him and insuring him and everything.

Mr. Hull. That would really be miniscule in the overall cost of 

operating the vessel.

Mr. Strichartz. It may be miniscule but they would like this.

Mr. Hull. You think they would like to get n’d of each few hundred
86 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

Mr. Strichartz. Yes, sir; they do unfortunately.

Mr. Hull. Thank you.

Mr. Rogers of Texas. Did you have something else now, Mr. 

Strichartz?

Mr. Strichartz. The only comment I want to make is tha t here you 

will have a passenger vessel which the wording of the bill does not 

cover but tomorrow a company might come in, it could very well be 

Matson, I don’t know who it is, for a similar piece of legislation and 

you might find yourself besieged with this kind of request for legislation every time the FCC turned somebody down.

Mr. Moss. On tha t point, I think the record should be very clear, 

it is true that the FCC in its refusal made its findings—I haven’t the 

opinion or o rder before me—and further stated that there were policy 

considerations here which should be considered by the Congress.

Mr. Strichartz. The FCC has said in every situation and in the 

Matson case, the Tennant case, Olsen case, and all the others, for the 

FCC to permit radiotelephone in lieu of radiotelegraph where the 

voyage circumstances do not make the carriage of this equipment and 

living up this requirement unreasonable and unnecessary, for the 

FCC to grant this exemption would be tantamount to an administrative reversal of the intent of Congress as embodied in the law.

Mr. Moss. As I recall one order said that the policy considerations 

should be considered by the Congress.

Mr. Strichartz. I don't think it is stated that way, sir. They said 

if we do it, we would be usurping-----

Mr. Moss. You make that point because we frequently in this committee have requests from licensees of the Commission for consideration of changes affecting policies which the Commission feels properly 

are the prerogative and responsibility of the Congress.

Mr. Strichartz. That is true.

Mr. Moss. We had a hearing on clear channel broadcasting, and we 

have had quite a number of others th at indicate the Commission feels 

that the Congress should speak out on such matters.

Mr. Strichartz. Yes, sir. As I say, it is not as though the FCC 

says this is something that needs changing and the Congress ought 

to do it.

Mr. Moss. I think the record should reflect what the FCC said because, as I recall in the first series of these hearings, the FCC order 

was made a pa rt of the record of these hearings.

Mr. S trichartz. Yes, sir. This is the FCC memorandum, opinion, 

and order refusing the reconsideration.

Mr. Moss. That has been made a part of the record of these hearings.

Mr. Strichartz. Yes, sir.

The FCC is explicit: “Such a finding applied on a general basis 

would lie tantamount to an administrative reversal by the Commission 

of the legislative judgment expressed in title II I, part II , in the absence of exceptional circumstances radiotelegraphy is the preferred 

and required mode of maritime safety communications, for vessels 

of over 1,600 gross tons.”

This is the language they use in all of these decisions. You will 

find that in our legislative history which we have amended.

Mr. Moss. There are other comments by the Commission, however, 

that I recall. I don't know whether it is a letter to us or the testimony 

of the Chairman. It is in the record, though. There is in effect an
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 87

indication by the Commission that this is a matter of policy which 

should be considered by the Congress.

Mr. Strichartz. Congressman Moss, we feel tha t Congress should 

always be open on every subject and should make its decision carefully 

and deliberately on all the evidence. Mr. Moss. Th at is the point I was getting at. The requests of this type to the Congress are not unusual. In my 12 years here I have encountered many of them. The Congress should impartially and objectively undertake an evaluation of the merits of the requests. This in no sense constitutes anything unusual in the type o f business 

the Congress is called upon to consider.

Mr. Striciiartz. Yes, sir; 1 agree with you. It would be our hope, 

though, that in arriving at these communications the safety of life of 

our people would be given some considerable weight. Mr. Moss. I express the sincerity of my colleagues tha t we do not 

move without try ing to give consideration and very careful consideration to those factors.

That is all I have, Mr. Chairman.

Mr. Rogers of Texas. Thank you, Air. Strichartz and Mr. Haddock.

Mr. Strichartz. Thank you, Air. Chairman.

Air. Rogers of Texas. Air. Pessel.

Air. Pessel. I am sure the committee wants all the facts in the 

record—at least both side of all of the facts so-called. AVe would like to have permission to submit for the record a short statement within the next 10 days in answer to some of the questions tha t have been 

brought up.

Air. R ogers of Texas. The Chair was going to make this statement.

With out objection, the record will be kept open for 10 days to re­ ceive such information and data as any of the parties desire to submit; of course, subject to the usual rules and regulations as to inclusion in the record. It will be submitted and the Chair will submit it to the ranking minority member and unless there is objection it will be included in the record. Otherwise, the parties will be informed. 

That period will be 10 days.

Air. Strichartz. Thank you.

Air. R ogers of Texas. The subcommittee will stand adjourned subject to further call of the Chair.

(The following material was received for the record:)

A m er ic an R ad io Ass ocia ti on,

New York, N.Y., March 30,196J.

Re H.R. 8508.

Dear Chairman Harris : In the interest of full disclosure of all the facts tha t relate to H.R. 8508, which is of special interest to the Matson Navigation Co.. I am asking tha t the enclosed ant itrust complaint against Hawaii’s Big Four and Matson be included in the record of this bill, and tha t the Subcom­ mittee on Communications and Power of the Inte rsta te and Foreign Commerce Committee give careful consideration to its startling revelations. Hawaii’s Big Four, as the Antitrust Division of the Justice Department calls them, are charged with acquiring control of Matson Navigation Co. and us­ ing that control to maintain a monopoly of shipping, between Hawaii and the 

mainland, of sugar, pineapple, and general cargoes. The Justice Department complaint (civil No. 2235, filed Janu ary 20, 1064) defines Hawaii’s Big Four a s: Alexander & Baldwin. L td.; Castle & Cooke, In c.; C. Brewer & Co. Inc.; and American Factors. Ltd., and details its octopuslike operation. Through scores of subsidiaries, the Big Four-Matson monopoly run wholesale and reta il trade, seafood canning, two of Hawaii’s largest trucking firms, sell machinery and equipment, are in the lumber business, manufacture
RADIOTELEPHONES ON CERTAIN CARGO VESSELS

an d dis tr ib ute fe rt il iz er an d o th er ch em ical pr od uc ts, re ta il ho us eh old ap plianc es, 

ru n th e la rg est dep art m ent st ore re ta il in g oper at io n in H aw ai i, opera te a re ta il 

dr ug ou tlet , a re th e la rg est w ho le sa le r of co ns um er goo ds in H aw ai i, in cl ud ­

ing dr ug s, ch em icals, dry goods, be er, wines, liq uo rs, tob acc o, ca nd y, ti re s, h ard ­

ware, glas s, lu m be r, ap plican ce s, and co mm ercial an d in dust ri al m ac hin er y an d 

eq uipm en t, foo d, ce men t, m ill su pp lies —a nd, th ro ugh M atson, sh ip pi ng of all 

of it.

Th e Bi g Fou r- M at so n mo nopoly pr od uc e and sh ip 95 pe rc en t of H aw aii ’s 

su ga r, an d ov er 50 pe rc en t of its pi ne ap pl e pr od uc tio n. Most of th e flood of 

goo ds bo ug ht and sold by th e Big F our are tr ansp ort ed be tw ee n th e m ai nla nd 

an d H aw ai b y Matso n.

Now, th is “o ct op us ,” which co nt ro ls ev ery kin d of pr oduct from ba by foo ds 

to geri atr ic dr ug s, and m os t oth er goods an d se rv ices co nsum ed be tw ee n th e 

cr ad le and th e gra ve in th e is la nd s, ap pare ntl y se ek s to ex te nd it s mo no po ly 

from th e is la nds th em se lv es out to th e open se a w ate rs in and ar ound them , 

an d who kn ow s to w h at oth er w at er s.

Thr ou gh II.R . 8508, th eir sp ec ia l- in te re st legi slat io n, Matson is se ek in g ex em ptio n from se a sa fe ly ra dio te le gra ph re quir em en ts fo r th e in te ri sl and tr ade. It s 

pa ss ag e is so ug ht by M at so n to re du ce it s co sts , a t th e ex pe ns e of se a sa fe ty , so 

th a t they will be lo w er th an ra dio te le gra ph eq uipp ed an d man ne d ve ssels which 

part ic ip ate in th e ra dio se a sa fe ty sy ste m. Is th is do ne in ord er to give M at so n 

a fu rt h e r co m pe titive advan ta ge ov er oth er American sh ip s wh o m ig ht be pot en ­

ti al co m pe tit or s in th e in te ri sl and tr ad e? T hi s qu es tion may be of fu rth e r 

in te re st to th e A n ti tr u st Di visio n of th e D epar tm en t of Ju st ic e, an d sh ou ld be 

se riou sly co ns id ered by th e su bc om mitt ee in it s de liber at io ns on th is bil l, or any 

am en de d ve rsion of it.

In our testim on y on II .R . 8508 be fo re th e su bc om mitt ee on M arch 19, 1964, we 

in clud ed the fu ll te x t of a le tt er Mr. W ay ne L. ll orv it z, vic e pre si de nt of M atso n 

w ro te to all w es t co as t m ar itim e un ions , br az en ly st ati n g M at so n’s in te ntion to 

“in trod uc e a bi ll” t o o ver ri de th e F edera l Com m un ications Co mm ission whi ch had 

tw ic e refu se d to le t M at so n op er at e ve ssels ov er 1,600 gros s to ns w ithout ta kin g 

it s p art in th e w or ld w id e se a sa fe ty ra dio te le gra ph ne tw or k.

We po inted out th a t M at so n is on ly in te re st ed in tr yin g to sa ve ra dio officers’ 

wag es, no t liv es, if th ey ca n ge t aw ay w ith it. As FC C st at ed , in re fu si ng a 

si m il ar re qu es t fo r ex em ption: “ P eti ti oner’s reas on s ar e, in ou r opini on , en ti re ly 

econ om ic * * * al l sh ip pin g could oper at e mor e ch ea pl y w ith none of th e m an y 

tyi»es of sa fe ty de vice s now used , bu t to sta te su ch a pr op os iti on as ju st ific at io n 

fo r e lim in at in g th eir us e is to r efu te i t. ”

At st ak e in H.R. 8508 are th e liv es o f th e tr av eli ng pu bl ic o n sh ip s in an d near 

H aw aii an w ate rs as well th e liv es of our mem be rs an d o f th e oth er American 

seam en , all of wh ose org an iz at io ns are un an im ou sly on re co rd as opp ose d to th is 

bil l. Go ing b eyond th is im m ed ia te bill, a t st ak e, also, co uld be th e en ti re st ru ctu re of sa fe ty a t sea th ro ugh ra di o th a t has been pro te ct in g hu m an life in sh ip ­

bo ar d dis tr ess situat io ns , which H.R. 8508 now t h re ate n s to br ea ch .

On ce ag ain, we ur ge th a t th e su bc om mitt ee re fu se th e Big Fo ur -M atso n 

mo no po ly th eir sp ec ia l-in te re st legi slatio n. Do no t feed th eir econom ic ap pe ­

ti te s w ith ou r lives. Tho usa nds of seam en an d pa ss en ge rs now w alk th e eart h 

aliv e be ca us e he lp summon ed by ra dio te le gra ph ca me in tim e to save them . 

Eve ry link in th is se a sa fe ty ra dio ne tw ork is im port an t. Do no t let 

M atso n w ithdra w fro m th e w or ld w id e sea sa fe ty ra dio te le gra ph system to sa ve 

ra dio officer wa ges . Do not g ra n t M atso n th e m ea ns to ex te nd it s mo nopol y 

te nta cl es into are as it do es not now co ntro l, de st ro yin g sa fe ty st andard s in 

th e proc ess. Rejec t th is bill, w ith or w ithout a m en dm en ts.

(' an yo u plac e a do llar va lu e on th e life of th e on e you lov e mos t—yo ur wife, 

ch ild , par en t, br ot he r, fr ie nd? Choose, we ur ge , hu m an lif e ov er doll ar s fo r Big 

Fo ur-M atso n.

Ve ry t ru ly you rs,

W. R. Stei nberg , P re si den t.

Matson Navig ation Co.,

Washington, D.C., March 25, 195}.

lio n . Walter R ogers,

Chairman, Communications Subcommitte e, Committee on I nte rstate and Foreign

Commerce, House of Representatives, Washington, D.C.

My Dear Mr. Rogers: This le tt e r is w ri tt en in co nn ec tio n w ith th e testim on y

giv en be fo re your co mmitt ee on Thurs day . M arch 19, by a re pre se nta ti ve of the
RADIOTELEPHONES ON CERTAIN CARGO VESSELS 89

Americ an Rad io Assoc iatio n, A FL-C IO , in op po sitio n to H.R. 8508 and re la te d bills . In ou r view, on ly tw o m att ers ra is ed by th e testim on y ne ed be ad vert ed to. F ir st , to th e ex te n t th a t th e te st im on y att em pte d to ra is e que st io ns as to th e effic acy of ra di ot el ep ho ny in ge ne ra l as a sy stem of sa fe ty co mm un ication a t sea , an d, part ic ula rl y in H aw ai ia n w at er s w ithin 50 mile s of la nd , th e reco rd alr ea dy 

sh ow s t he f ollow in g: 1. Co mmiss ione r R ob er t T. B ar tley , of th e F ed era l C om m un ications C om miss ion has al re ady in di ca te d th a t ra di ot el ep ho ny ad op te d in 1954 by i nte rn ati onal ag re e­ m en t w ith Can ad a as th e sa fe ty co m m un ic at io ns system in th e G re at La ke s, has prov ed su cc es sful th er e. Sh ips of al l nati ons now ply th e w ate rs of th e G re at La ke s, incl ud in g sh ip s m an ne d by sa il ors affil iated w ith th e CIO -A FL. In addi­ tio n, Co mmiss ione r B ar tley im inted out t h a t Can ad a has a pp ro ve d ra dio te le ph on y 

a s a mea ns o f safe ty co mm un ication fo r a ll i ts coa stwise s hipp ing. 2. Th e T re asu ry D ep ar tm en t, th e p are n t go ve rn m en tal depart m ent of th e U.S . Coa st Gua rd , in a co mm un ication to you r co mmittee , has st ate d th a t it ha s no op po sitio n to H.R. 8508 from th e poin t of view of sa fe ty a t sea in H aw ai ia n w at er s, and de fe rs to th e F edera l Com m un icat io ns Co mm iss ion view s on ot he r ac co un ts. In fe re nti all y th is re flec ts th e po sitio n of th e U.S. Coa st G uar d in H aw aii an w at er s, w ith w hom te le ph on e co nt ac t ca n be m ai nta in ed 24 ho urs a da y on th e in te ri sl and ro ute s et out on th e m ap s we su bm itte d fo r th e reco rd . 3. R ad io te leph on y is in fa ct now th e sa fe ty co m m un icat io ns s ys tem ab oar d th e tu g which is towing th e hu ll of M at so n’s au to m at ed vessel ov er th e ro ute s se t out in th e map s re fe rr ed to above. A bo ar d th e tug , th e p re se nt law sa nct io ns such a sy stem , an d th e tu g is m an ne d by un io n sea me n. R ad io te le ph on y do es n ot become less sa ti sf acto ry as a sa fe ty sy stem by be ing mo ved from th e tu g to th e hu ll the tu g is towing. Th e Coa st G ua rd , ca pa ble of co m m un icat in g w ith th e au to m at ed ve ssel a t an y po in t in it s ro ut e, ca n dir ec t it to th e aid of an y ve ssel w ith out 

teleph on e. One oth er m at te r, ta ngenti al to th is p roce ed ing, perh aps shou ld be re fe rr ed to. We confi rm th at, up on pa ss ag e of H.R. 8508, it will st il l be ne ce ss ar y fo r Ma tso n to en ga ge in co lle cti ve barg ain in g on th e qu es tion of m an ni ng th e au to m at ed ve ssel eq uipp ed w ith a ra di ot el ep ho ne . In th is co nn ec tio n, it m ay be re le van t to no te th a t th e U.S. Coa st G uar d has al re ad y ap pr ov ed th e m an ni ng of M atso n's auto m at ed vessel (e xc ep t w ith re sp ec t to radio, whi ch is no t in it s ju ri sd ic ti on) from th e po in t of view of sa fe ty a t sea an d M atso n is no w in th e pr oc es s of col­ lect iv e barg ai nin g w ith th e af fe ct ed un ions on th e issu es be tw ee n them an d Ma t- son whi ch m us t be reso lved bef or e th e ves sel ca n ope ra te as it w as desig ned. We ap pre cia te th e co urtes y ex te nd ed to us by th e co mmitt ee , in ha vi ng th e opport unity to su bm it th es e fu rth e r comm ents about II.R . 8508 an d re la te d bills. 

Sinc erely ,

A. J . P es se l, Vi ce Pre side nt .

Ame ric an R adio Asso cia tio n,

N ew Yor k, N .Y ., Mar ch 3 1,1 964.

Re H.R . 8508.

Hon . Walter Rogers,

Cha irman , Com m un icat io ns Su bc om mitte e,

C om m itte e on I n te rs ta te and F or eign Commerce ,

Hou se o f Rep re se nt at iv es , W as hi ng to n, D.C.

My Dear Mr. R ogers : W e a re in re ce ip t of a cop y of a le tt er to you from th e 

Matso n N av ig atio n Co., date d March 25, 15X54, co mm en tin g on th e ab ov e bill. W e wish to ad d our re sp onsi ve comm ents, fo r th e co nsi de ra tion of th e su bco m m ittee an d fo r incl us io n in th e record.

W ith re sp ec t to th e nu m ber ed comm ents we no te th e fo llow in g: 1. Rad io te le gr ap hy , not ra di ot el ep ho ny , is th e in te rn ati onal sa fe ty -a t-se a com­ m un ic at io ns sy st em ; th e specific pr ov isions re la ti ng to th e land lo ck ed G re at Lak es wh ich are ac ce ss ib le on ly via ca nal an d se aw ay pa ss ag e, ha ve no t w ea k­ en ed, no r sh ou ld th ey be allowed to wea ke n, th is in te rn ati onal ra dio te le gra phy 

ne tw ork. 2. A ca re fu l peru sa l of th e e nti re T re asu ry D ep art m ent le tt er re fe rr ed to in di­ ca te s th a t th e co nc lusion of all co mmen ts by T re asu ry D ep ar tm en t is th a t T re asu ry is defe rr in g to th e F CC on th is b ill, an d th e F CC i s on reco rd as op po sed to it. Sta te m en ts m ad e earl ie r in th e T re asu ry D ep art m ent le tt e r w er e care fu ll y quali fi ed: e.g.. “specif ied ve ss els” w as us ed an d “n ot ap pre ci ab le ” w as us ed in 

qu al ifyi ng t he pr ev io us c om men ts.
90 RADIOTELEPHONES ON CERTAIN CARGO VESSELS

3. As has be en po in te d ou t, th e differen ce be tw ee n a tu gboat o f un d er 1,600 

gros s to ns an d a self- pr op elled ve ssel of ov er 3,000 gr os s ton s, is th a t th e la tt e r 

is in th e to nn ag e cla ss fo r which ra dio te le gra phy w as pr es cr ib ed b y Con gress.

Thi s ho we ve r, is not th e h eart of t he m att er, th e f a c t is t h a t a ba rg e under tow 

is inca pa ble of pr oc ee di ng to th e ass is ta nce of oth er ve ssels in dis tres s, w hile a 

se lf- prop ell ed ve ssel of 3,000 gr os s to ns an d ov er is ca pa bl e of pr oc ee di ng a t 11 

kn ot s (w hich by th e way , is th e sp ee d of a L ib er ty sh ip ) to th e ass is ta nce of 

ot he r ve ssels in dis tres s.

We, of co urse, appre cia te th e fa ct th a t M at so n reco gn izes a t th is la te d ate it s 

co lle cti ve bar gai nin g ob lig atio ns , but st il l feel th a t th e pr op os als th a t M at so n 

is spon so rin g in th is legi slat io n do not w a rr a n t am en di ng th e law .

Tha nk yo u fo r th is o ppor tu ni ty to com men t.

Ve ry tr uly yo ur s.

W. R. Steinbe rg, Pre side nt .

Galveston Labor Cou nc il, A FL-C IO ,

Galve ston , Te x., A pri l SO, 1964-

Ho n. Walter R ogers,

Ch airm an , Com mitt ee on Com mun icat ions a nd Po we r,

Hou se o f R ep re se nt at iv es , W as hi ng to n, D.C.

Dear Sir : I ur ge yo u to vo te a gain st H.R . 8508. T his hill, if en ac te d in to law’, 

wou ld ca us e m an y liv es to be in je op ar dy .

The re w’ere 175 S O S d is tr ess ca lls from A merican -fl ag vesse ls in th e y ear 1963. 

An y redu ct io n in ra dio opera to rs on m er ch an t ships, oper at in g in co as ta l w at er s, 

wou ld gr ea tly in cr ea se th e incide nc e of loss of life, as th e nu m be r o f st ati ons 

list en in g fo r dis tres s ca ll s w ithin th e coas ta l are a wou ld be g re at ly redu ce d.

Ther e are tim es w’hen a ve ss el w ithin a few’ m ile s of an o th er ve ssel in dis tr ess 

or whe n med ical a ss is ta nce c ou ld be had from a noth er ve ssel in th e are a, th a t th is 

as si st ance wou ld not b e avail able i f H.R. 8508 is e na ct ed in to law’.

An y law th a t wou ld perm it th e loss of l ife fo r th e sa ke of e conom y is a ba d bill 

an d sh ou ld be vo ted again st . I urg e yo u to do so an d fu rth e r ur ge y ou to us e al l 

yo ur influ en ce and pow’er s of pe rs uas io n to see th a t th is hea rt le ss bill is no t en ­

ac te d int o law .

W ith bes t w ishe s f o r y our h ealt h a nd w el fa re , I am ,

R es pe ctfu lly yo ur s,

J am es W. K en ne dy , Pre side nt.

Seat tle, Wa s h ., M ay 7 ,1964.

Con gr es sm an Walter R ogers,

Cha irman , Com mun icat ions Sub co m m itte e,

H ou se O ffice Build in g, W ash in gt on , D.C.:

K in g Co un ty Lab or Co un cil w ith it s 62,00 0 mem be rs vi go ro us ly opposes th e 

pa ss ag e of bill, H.R. 8508, whi ch if pa ss ed w’oul d wea ke n and ultim at el y de stro y 

th e sa fe ty a t se a ne tw or k. W e urg en tly re ques t th e re je ct io n of th is bil l in th e 

in te re st of th e sa fe ty of th e th ousa nds of seam en th a t bra ve th e haz ar ds of th e 

se a in th e purs uit of th eir liv eli ho od . We re ques t th a t th is st ate m ent be mad e 

a p a rt of t he h ea ri ng reco rd .

H arry Carr, Pre side nt.

(Note.—Approximately 200 comm unications were received from 

radio officers and oth er ships ’ crewm embers in opposition to the 

subje ct legislation. This ma terial has been placed in the files 

for the inform atio n of the committee.)

(W hereu pon, at 12:15 p.m. the com mittee was recessed subject to 

call.)

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Storage

B a d io te le p h o n e s o n C e r t a i n c a r g o 

V e s s e ls in H aw aii an W a te r s .