The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-21
Editorial Comment
Property Rights in the Ether
(ChicagO Tribune)

The senate and the house find themselves opposed
on the question Of radio control The house passed
the White bill, which would place control radio
in the hands Of the secretary of commerce. The
senate recently approved Of the Dill bill, which
proposes the creation Of a separate radio commits
sion. u.
The truth Of the matter il that snsi.hebi is very
satisfactory to radio breadcasts, but c White bill
is the satisfactory of the two 1t is discon-
certing to the people who have spent large sums Of
money constructing broadcastng stations, and other
large sums and much energy and initiative in build
ing up good will, to be tod-as they are told in
both bills-that their enterprise creates property
right; that their license and length may be
taken from them if the controlling power fit.
Railroads perhaps the most regulated Of any
means of interstate commerce, yet they are not so
limited The road which had foresight enough to
build through the only mountain pass available is
permitted to profit by its initiative It acquires a
property right.
The air is new medium of communication. These
| are very laws that arc being constructed to
regulate communication through the ether. Lcgis-
| lators cropping to fit old legislation to a very
modern demand. 1t is right that they should pro-
coed cautiously, guarding the rights Of all the pco
pic. But they have gone very far in that direction
They deny the pioneer in nearly every other line OF
cndeavor. We do not look to the of pres
cn broadcasting stations deprived of their Licensees
we do not forescc any such injustice; but we qucs
ton the principle which appears in both bills of
denying in toto any property right in tho air.
The Dill bill. as VIC have said, goes further than
tho White bill in this respect II denies the right
Of any owner Of licensed broadcasting station to
! sell his station for more than the original cost of
the physical apparatus. The fact Of possessing a
license, the fact that good will may have been
built up by that station. cannot legally be consid
cred transferable asset under the terms of the BILL
The Dill bill further requires-very much in the
manner Of the objectionable Mexican land laws
that an applicant already holding length un.
der the present law must, when pettioning for Ii
cense, sign waiver of all claims to his previously
assigned wave length. The Dill bill grants only
year licenses whereas the White bill authorizes
licenses for five year periods. The Dill bill au-
| thorizes government stations to compete with pri-
vately owned stations. and it lacks any provision for
appeal from the commissions rulings.
! Still further. between the two bills, the major
argument in favor Of the White bill is that it ere
ates no new commission but recognizes the control
of radio as an administrative function of the gov
ernment TO be administered by one Of the regularly
constituted departments of the government The
White bill, moreover specifically grants the right Of
appeal to committee Of experts to be named by tn,
president, and to tho court Of appeals Of the Dis
trct Of Columbia.
Radio broadcastcrs who will be the principal per-
sons to be affected by any controlling legislation
arc justly apprchcnsivc over the clauses denying
property rights contained IN both bills. But be-
tween the two, they viii have no difficulty in pre-
! ferrng the White bill ~ s ~ ssas "