Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-01-31

! YER said: There can be little question
Of the interstate character of this
service. Every word broadcasted ira
| verses State lines.
1T provides an administrative or
ganiZation by which Federal control
is To he exercised. 1t requires a Fed
eral license as n prerequisite to the
! operation of q transmitting station.
| This license system has been in effect
| since the passage of the act of 1912.
and has demonstrated it's effectiveness
In spite of other deficiencies in the
| law
1T retains complete control in the
Federal Government of all channels of
radio communication. 1t declares that
there shall be no ownership or vested
right in wave lengths. 1t recognizes
that the public interest is paramount
| in all forms of radio activity. 1t recos-
| nizes that the interest of the public
as Il whole SupersedeS the desire of
| any individual. This is a new and
| highly desirable feature in the radio
law"
Alleges Abuse of Power.
And Mr.. Macdonald. claiming that
the Commerce Department runs the
air with a high hand, takes the fol-
lowing interesting view Of the situa-
ton:
the pioneers of radio broadcasting, but
scores of other stations, have been dis
eliminated against. The Secretary OF
Commerce claims TO have wide dis
cretionary powers in the division of
time between the broadcasting sta
tons. l question whether he has such
discretion. but If he has, l wish to
state that in my opinion he is abus-
ing this discretionary power, not only
l. 4 hn
detriment Of the public and the radio
! industry"
Mr.. Hoover pointed out that there
are today some $50 broadcasting sta
lions, operating on SO available wave
lengths between 200 and $50 meters,
separated by a minimum OF seven k1lo-
cycles. The problem has been to
try to divide SO wave lengths among
more than 500 stations, which means
an average of over six stations to each
wave length" he said. only by time
division, power limitation. geographical
separation and other eXpedients has 1t
been possible to preserve any order at
all in the ether. There are some $50 ap-
plications for new stations before the
department now. II they were al
lowed and the number thereby in
creased by nearly so per cent, the
whole hroadcasting service will be eff
fectively destroyed. From the view
point OF public service we need fewer
stations rather than more
Mr.. Mcdonald counters in this man
ner: The present chaos and conGes-
ton in the air, which makes it almost
impossible for the listener with the
average radio set Of limited selectiv-
ity to separate one broadcaStinS sta
ton from the other, Is not due to the
great number of broadcasting stations
but 10 hn =
Of the abuse Of the discretionary
power which the Secretary OF Com.
merce claims to have in the division OF
wave lengths and operating time. and
in spite OF this chaotic condition, for
which the Secretary Of Commerce Is
responsible. he is today asking Con
gress to pass legislation which Will
confer upon him broader powers OF
discretion than those which he now
claims to have.
A Fight for Principle.
With the idea Of settling one Of
the greatest questions presented by
the development of modern science, we
intend to litigate in every way posi-
BILE the questions involved. Our posi-
ton is that we fight for principle
rather than for personal gain"
Mr.. Mcdonald was second in COM
mand OF the Arctic expedition OF Don
aid z. Macmillan last Summer and is
a former president Of the National AS
ISOLATION Of Broadcasters.
While not wishing to anticipate
what angle the defense will seize upon
to press its right to free use of the
air. Judge Davis believes the Zenith
Corporation may hinge its defense
upon the use Of the words CONNER
cial' and "radiogram or signal in
the 1912 law. II the Mcdonald attor-
news claim he is not using the air for
commercial purposes, the Government
may have a hard time, while 1t IS
equally sure that the trial VIII bring
out a clear definition OF the words
.radiogram or signal as applied to
radio.
The case is the first ever presented
to the Commerce Department in this
new baby industry-thiS giant which
has grown from a mere whisper few
wears ago, paralleling the radio ampli-
fcation obtained in a radio tube, until
today it ranks as one Of the largest
industries in the world. 1t would be
interesting indeed if all radio stations
in the United States could be hooked
up and hear the trial re-broadcast.
For, after all. the public is the agency
served. And the public will have the
final word in this matter, which so
vitality affects the rights of millions OF
listeners who have become interested
in this new child of science.
Much Hinges OH Decision.
If the court decides for the Govern
ment everything will be "hunky-dory.
If against the Government, chaos is
bound to result in the air, unless
Uncle Sam gets busy and Immediately
legislates against "air pirates If
WJAZ can romp off on another wave
band and get away with it, what Of
the other 535 broadcasters in the
United States? And if they do like
wise. man-made static-the regener-
ators of today-.and nature-built static
will find the competition far too siren
uous for them.
Judge Davis makes this observa-
ton: 81 don't know what is going to
become of the whole radio situation
! unless we get some more legislation.
Even should the Chicago ruling be
favorable we would need legislation
just the same"
,