Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-06-17
RADIO commission.
FACES COURT TEST
New York Station Challenges
Powers of Federal
Organization.


served upon the Federal Radio Com
mission. It's powers and the constitu
tionality of the radio act of 1927 ere
ating it and defining these powers
are to be tested in the courts
A New York station is the disputant
and that station is so apparently Ger.
tain of it's ground that it has an.
nounced it will not shift its frequency
under the June Is ALLEGATIONS pending
the arguments on its motion for re.
straining order against the commits.
sion, which is scheduled to be heard
in the Supreme Court of the District
today.
Into the midst of the WBBR. WIZ
hearing, being concluded by the com.
mission on the day the new ALLEGATIONS
were to go into effect. came a process
server, armed with subpoenas for each
OF the members of the commission in
divfdually. Admiral Billiard refused
to accept because he saw his initials
Incorrectly transposed in the sub
poena. Commissioner Dillon did not
get his summons because he was alb
sent. being so severely ill that he has
been ordered back to California eli
mate at once.
But the owners of Station WMSG,
whoSe personal representatives were
present when the subpoenas were de-
livered, have gone ahead with their
legal maneuver, and the members of
the commission will have to appear in
court to defend their official status
and actions. Presumably Station
WMSG, which is owned by the Madi-
son Square Garden Broadcast Asso-
citation and has been assigned to a
frequency of 1870, kilocycles (236.I
meters), doesn't like to go that far
down on the broadcast band. =,
Charles E.. RhoveS, personal repre-
sentative of David L. Podell. attorney
for the newly formed Broadcast Own
ers' Association. group of dissatis-
fed New York broadcasters, says that
WMSG's action is only the beginning
OF series of legal steps to be taken
by other members of the association
against the commission. (, This is the
organization which recently protested
the June Is ALLEGATIONS, and which
not only asked and was refused a Co.
day postponement of the effective date,
bat also submitted a broadcast lineup
Of its own to the commission, which,
that body refused to accept.
e Is noteworthy that it is a COM
rarztively small station, which had
net previously asked for one of the
pahflc hearings where it could make
its demands. that is undertaking the
kgal test for which the commission
has been primed for months. 1t is not
Improbable that the case will reach as
far as the Supreme Court of the
United States. where once and for all
Il would be learned whether the law
passed last session of Congress is con-
stitutional and whether the commits
sion is exceeding its powers under that
law in its present procedure.
No word OF threatened legal action
has been heard from any of the sta
tions which sought without avail to
have the freQuencies changed either
At public hearings or before the COM
mission informally. Station 'WJAZ of
Chicago, which requested at a recent
hearing to be placed on a better wave
channel than 263 meters. has ex-
pressed disappointment with the COM
missions decision, but proposes to ad-
here to its ruling.
Responding. to direct query Nc
Donald and Kiugh, respectively presi-
dent and vice president of the Zenith
Radio Corporation, owners of WJAZ.
which previously successfully tested
the powers OF the Federal radio ati-
thority under the old law, bringing
about last years breakdown of con-
troll and Fastening the passage of the
new law, have telegraphed:
1--WE believe in the present radio
law and in its preservation, and are
proud to have contributed as much as
or more than any others to its enact
1nent. The main purpose of Zenith's
suit was to force Congress to realize
the inadequacys of the old law and to
provide without delay proper and ade-
quate remedial legislation. We shall
do all in our power to sustain the pres
ent law, and when it is amended will
continue to work actively in strength.
ening 1t and the commission wherever
I possible. We are naturally much dis
appointed over the commissions ac-
ton In putting us on 263 meters for
so days, and still maintain that our
station. from the standpoint Of equip.
ment, location. power, age, experience,
ability, finance and direct interest in
the proper development of the radio
art. is entitled TO wave length en-
. sistent with these creditable qualifica.
TONS ~.
Moreover, they want it made clear,
they have never questioned the ccnsti
tutionality OF the present radio law.
A new serial attraction, known as
the Paramount Concert, featurine
opera soloists and prominent con
cert orchestra, will be introduced to
night by WRC. The concert will be-
broadcast from to $50 o'clock or
this and subsequent Friday nights.
Two features Of local origin, the
W.. B. & A. Quartet and the Lord Cal
vert hour of music, have prominent
place on WRC's program. The sta
ton also has scheduled another con
cert by the Cities Service Orchestra
and Cavaliers and programs by thu
Raleigh, Palais dor and Greenwich
Village Orchestras.
Quite unresponsive We're the wave
lengths last night, and as a result
fans were delayed in the gigantic tasl
facing them Of relogging the station.
that were reassigned under the recen
wave band reallocations. Only a few
stations were tunable, and. they wer,
such superpower br0adcasters a,
WGY, Schenectady. and WPG, Allan
tic City.
Static cannot be blamed for the re
luctance on the part of the wav,
channels to give an unobstructe,
right of way to the signals. Will,
prevalent, the interference it cause,
was mild.