Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-01-31
CHAOS OR ORDER TOISSUE
FROM RADIO PIRACY CASE
WAYS Big Hour Comes Tomorrow,
When Warrant for Arrest of Eugene F.
;: Macdonald, Jr., Is Returnable.
BY WALTER II. McCALLUM.
. EMPHASIZING the need I


~ EMPHASIZING the need fol
- strict Government regulation
of radio hroadcasting in the
IL view of Government authori
ties. radio station WJAZ ha:
started what may amount to snow
ball of national proportions, if grouI
OF the other broadcaSterS attempt Il
emulate the stand of the Zenith Radio
Corporation station at Chicago.
WJAZ's big hour will come in the
Federal District Court at Chicago to
morrow when the warrant for the ar
rest of Eugene r. Macdonald, IT.
president of the Zenith Company. 1.
returnable before Federal Judge vii
kinson. An immediate hearing proba
bly, Will be held, opening up for lega
decision the biggest issue that has
ever been presented affecting the RICH,
of broadCaSting station to use the
ether. The issue Is n paramount
one-and one that will take some time
for decision. If decided adversely
against the Governmental will throw
the entire broadcaSting situation into
utter chaos and result in an effectual
challenge of the right of the Govern
ment to control wireless Communica
ton, in so far as broadca sting is con.
Cerned
WJAZ has opened up an entirely
new field of thought among broad,
casters by virtually "pirating" wave
length assigned by international agree
ment to seven Canadian stations. Dis
CardiNg the 322 4-meter wave length
assigned to the Zenith station many
months ago on which it may broad
cast two hours a week only--on Thurs
day niEht-because its air channel Is
also shared by kOA at Denver, WJAZ
has moved up the scale and usurped
the channel at 1925 meters, assigned
10 the neighboring stations across our
northern border. In taking this action
II is said to have seriously interfered
with the programs of the Canadians
and particularly with those offered by
tkCN, the biggest station in the Do
minion, broadcaSting from the prov
lnce of Ontario with 5000 watts OF
power behind it on a 329. 5-Ineter wave
band.
\ warrant already has been served
on Mr.. Macdonald in Chicago and he
has notified the United States attorney
for Cook County that he will contest
the case when the warrant Is returned
tomorrow. S. b. Davis, solicitor for
the Department of Commerce, virtual
administrator of the realm Of the air
has already visited Chicago and dis
cussed details of tie prosecution with
District Attorney L. y. Olson. The
latter has announced the law viola
tor will be punished to the full extent
OF the statutes.
Air Not Free.
Those who have had the idea that
the air is free and may be used at
any time have been in error. The air
or ether channel through which radio
broadcasts come is very rigidly pa
trolled and regulated. SO in the radio
sense it Is not free. for the statutes of
the Government. passed away back In
1912 in the dark ages of radio de
velopment. restrict rigidly the right
of any one to use the air for wireless
communication. Those statutes are
today in full force and effect. admins
tered by the Department Of Commerce
its spcarhead being the radio inspec-
ton service headed by ". D. Terrell
chief radio inspector Mr.. Macdonald
claims the air IS free in the exact
meaning of that term: that If his sta
ton is denied (and it has been denied
larger use of its assigned wave band.
he may pirate" the wave band of
some other station or stations and
broadcast his program, fguratively
swapping his fingers at the GEARS
of radio who sit III Washington and
administer the kingdom Of the air.
mo. no." the Government says.
"You are a naughty boy. You have
strayed from the fold Of we'll ordered
children and we shall see whether you
are to disrupt the program of the
other members of our radio family and
preCipitate situation which may re-
suit in complete chaos and "a far
reaching war Of the air
And even now, committees OF Con-
gress are holding hearings on sep
arate bills, introduced in the Senate
by Senator &. G. Dill of Washington
and in the House by Representative
White Of Maine. assigning even more
power over the Use Of The ether to the
Secretary Of Commerce. Quite a stir
has been raised in the radio world by
this defiance Of WJAZ. but it still con
tinues to broadcast its program on the
'pirated" wave length.
Regulations Defined
The Law of 1912 clearly ailocates
to the Commerce Department the in
alienable right to regulate stations
and keep them on an assigned wave
length. And broadca sting stations are
very closely checked as to wave
lengths and frequencies- In addition
their licenses are renewed every three
months. 50 if they have been naughty
boys within the 90day period or their
programs have not met the require
mentS laid down by statute. they may
he refused use of an air channel. The
law says: That Il person, company, or
corporation within the Jurisdiction OF
the United States shall not use or OPP
crate any apparatus for radio commu-
riCation as a means of intercourse
among the several States, or with for
eign nations. or upon any vessel OF
the United States engaged in inter
state or foreign commerce, OF for the
transmission of radiograms or signals
the effect of which extends beyond the
jurisdiction of the State or Territory
in which the same are made. or where
interference would be caused thereby
with the receipt of messages or signals
from beyond the jurisdiction of the
said State or Territory. except under
and in accordance with Il license. re
vocable for cause granted by
the Secretary of Commerce upon ap'
pliCation therefor.
It further adds that any person
company or corporation chat shall VIC
late this section shall be judged guilty
Lori oh oil