Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-07-09
HOOVRbQ1HOR|TY
OvERRAD|OIS
!. Department WIN Attempt,
However, to Aid Control Of
Industry BY Self.

Admitting that there has been :
breakdown in Fedsrai authority oyel
radio as to wave length and power
use, according to g Department o.
Justice dscisi6n, the Department q
Commerce today announced that
while II could mp longer enforce it,
regulations for hruadcaating II would
continue to cooperate with the radio
industry in an effort to work out g
voluntary system TO prevent con.
fusion,
The Department Of Commerce had
refrained from Assierink 70 American
stations the wave lengths in use in
Canada, 1t was explained, and "a con-
tinuAnce of this policy IL q necessity.
4 It was added, ~ international con-
I fusion Is to be avoided"
The general effect of the opinion of
the Attorney General, requested by
the Commerce Department, was said
TO be that regulation has broken
down and stations are under no effec-
tive restrictions - 70 wave length or
power use"
Sell Regulation Urged.
Commenting unonlcially on the
situation today, officials ut the Coma
nerce Department said they hoped
that the matter would work itself
out. An appeal was made Tor con-
tinuance of voluntary self.regula :
ton" by the radio industry itself.
More than $50 broadcaatinE sta
tions are now operating under
license BY the Department Of COM
merce and more than 500 applica-
tons are on file for new licenses.
The department will not ASSIGN wave
lengths from now on, Il was said,
but will issue licenses and designate
on the license itself the wave length
selected as the normal wave length
of the station.
plAta radio regulation and the con-
efusing decisions of the courts on ths
radio law OF 1919. the departments
statement said. led it TO request from
the Attorney General an opinion ION
the whole question Of departmental
authority"
Wave Length Blg Question.
THE most important feature OF
the opinion said the departments
statement, SIS in respect to the right
10 assign and authority 10 enforce
or deny the use of particular wave
lengths to individual stations. This
question ID the key to all regula-
ton.
since 1923 the department has
been making such assignments. In
doing % Ii has followed the decision
of tho Court Of Appeals of the Dis
trict Of Columbia rendered In that
year. That court directly held that
the Secretary was. by the law Of
1912, under ti1e duty to make such
assignments for the purpose Of pre-
venting interference. Until April Of
this year this was the only court
ruling on the subject.
'sThe resent decision q the chicago
court, however. cast doubt on this
authority, since II adopted Q con-
.etructiDn Of the 1917 Act directly com.
trary in thiss respect 60 the view
taken by the toust Of She District Of
Columbia.
May Use ANY Lensth.
THE Attorney General now Nike
Wise disagrsss with the conStf uttidh
Of the District Court of kppeais Ind
advises that while under the law
Zach applicant for q license must
a6esisnate = definite WAVE length, out.
side the band between 900 and 1.600
rneters. yet he 10 a. liberty to use
other wave lengths ct his VIII
1.-THE department win. theref0reysan
accordance with the opinion, not IS
sign wave lengths, but viii merely
recite on the face Of the license the
wave. IenEtla selected by the appli
can't AZ the normal wave length Of
The station. Under the Attorney Gen.
erals oplnion ne authority exists In
the department, or elsewhere, 70 com.
peT adherence to this wave length
and the 6spATtfYient must issue II.
censes to %ssah applicant.
"The general effect OF this opinion
r. that regulation has broken down
and stations are under no effective
restricticn as to wave lengths or
sewers used. The 1912 act, under
these various constructions haA fail
ed to confer authority Tor 4he pre-
vention of interference, Msstch was
its obvious. intent.
Work At 0wn Risk.
Persons deairins TO construed sta.
tions must deterHiine fer aselvss
whether there viii be wave length
available for their use without inter
z4AFeSlea 1T3En cther stations. Tney
must procssG entirely It their own
7E7siix.
There have always bsen the most
cordial reiAss0sss between the radio i
elTiisizssss.siAtfatkcIia In Canada and ia the
United Stalss The department has
srefrained ff0HsAaAeiahSslK 70 American
stations the wave hsss4hs In use In
Canada and the Canadian GGssasitiee
have reciprccated byiavoidin9 the
wave lengths assigned to our stations.
continuance Of this policy IL q
necessity IL international confusion Ii
to Ae AVOIDED
THE department earnestly hopes i
that whatever may eFeue. the sefins
of fair play, AZ well a. interest in IT, ~
protection Of the situation a. d whole,
will prevent any American station
from trespassing upon the Canadian
assignments.
The controversy appears now to re.
volve around the wave lengths, six In
number, reserved TO Canada, ana de-
sired by many Of the new stations
hoping TO operate. The Tinted States
had taken 50 Of the total e5 available.
with the understanding that stations
In thie country would keep OF the six
IN Use IN Canada.
DENIES LAWS POwERIMss.
aa4 q