Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-07-25
BROADCASTINC'S FUTURE
LIES IN PUBLIC OPINION
Only Power of People Can Prevent Chaos
at Present and Needless Legislative =
Suppression Later.

the uSurpdLlOn OF a given wage lenSIn
by any broadcaster, nor the hours dur
ing which he shall broadcast, nor even
the power he will use. No admins
trative officer of the Government can
go outside the laws which Congress
has given him. If he steps outside
the law he is taking the law in his
own hands and is virtually setting
himself up as the law.
Hands Are Tied.
Even if we think the Attorney
General is wrong and the Federal
Judge in Chicago gave the wrong deci-
sion, we are still helpless, because the
Department of Justice must prosecute
any offenders against our law, and in
view of the recent decision it cannot
do so consistently"
Judge Davis sees the present dStua-
ton as the finest chance radio broad
casting will ever have to set St1elf
right with the public by doing the
proper thing, sticking to its assigned
wave bands and playing the game in
sportsmanlike fashion until Congress
gets busy with legislation next Win
ter. II have faith that the situation
will not be bad, because the broad
casters, after all, have their own In
tereStS at heart first. And at the same
time there are very few cases where
stations can improve their position.
Every broadcaster above 2S0 meters
has satisfactory wave length, and
has no reason to jump over in the
other fellows back yard and tumble
up his toys"
Nevertheless, and although the
Commerce Department hopes broad
casters will play NICE" more than
half dozen have already jumped
their assigned channels and are add
ing their bit to the Summer static by
Jumbling up the program of some
other chap who is keeping to his knit
ting and remaining on his old wave
length. Most of the offenders are In
the big cities - New York and Chi
cago-where it is obvious that more
stations are needed to satisfy a large
population than in a city of 200 900
persons. And those that have jumped
their wave bands are chiefly the
broadcasters who have been sending
out signals on bands below 2S0.meters.
Law Suits Expected.
There is another side to this usur-
patton of wave band matter, stated a
few days ago by the National Asso-
citation of BroadcaSterS. Paul b.
Klugh. executive chairman of the as
ISOLATION, fears that If many stations
jump over on the other fellows
assigned channel, numerous law suits
involving the property rights of sta
ton to use given ether channel will
be started. Many broadcasters feel
that having met the requirements of
the Commerce Department and lived
up to its radio statutes, they have GER
tain property rights vested in them
| selves on given wave lengths. If some
other chap comes along and without
| assignment, uSurpS the assigned wave
| length, they feel that their property
has been intruded upon. even though
there is not now any legal precedent
for such property right
| Such a problem. indeed, has already
come before a Missouri judge. who
granted an injunction to station KIDS
| at independence to prevent station
| WOS at Jefferson City, from infring-
| ing on its broadcasting time. In this
case, however, there was a written
agreement between the two stations
which was violated. Although similar
agreements are in effect between
many broadcasters, they apply, In the
opinion of the Commerce Department,
only to the broadcasteTs affected and
are not applicable to the general
situation.
Still another angle has arisen since
Mr.. DOnovan's opinion holding that
the air is free. 1t has knocked the
spots out of the market for radio sta
tons. At least 10 of the big broad
casting voices" of the United States
are reported to have been negotiating
with purchasers who would buy not
only the station but also the ether
channel
Now the equipment is just as valu-
able, but the good will'' value of a
monopolized wave band has been re-
duced almost to nothing. In the old
days there were so many new sta
lions clamoring to get on the air that
purchase of an established station
was considered good business If its air
channel went with the purchase. Now.
with the free air edict, any wave band
may be used without cost.