Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-06-23
WSMG IS WILLING
: TO ABANDON TEST
Station Would Drop Suit if
Given Wave Length
1t Applied For.

While announcing publicly that the
injunction suit instituted by the Madi.
son Square Garden Broadcast Associ
alton against the Federal Radio Com.
mission is largely aimed at the CON
stitutionality of what he styles the
''conflscatory phase" of the radio law
of 1927, David l.. Podell. attorney for
Station WMSG. has offered to with
draw the suit If the station is placed
on frequency of $40 kilocycles
(325.9 metersl
On this frequency already are Sta
lions WABC and WBOQ, which like
-WMSG are situated in the New York
metropolitan area. and they have ap-
peared at a public hearing before
the commission to protest vigorously
against sharing or giving up this
wave. Both are owned by the At.
1antic Broadcasting Co.. affiliated with
the Grebe radio manufacturing inter-
ests, and they use $500 and 500 watt
powers, respectively.
Also on this frequency is Station
aKOA, Denver, using 5000 watts, but
it did not appear at the hearing to
defend its right to stay on the fire.
quency, presumably because distance
makes it's position with respect to
sharing time or interference fIlte Sc
cure.
The commission thus has under adj
evisement this proposal to shift WMSG,
which formerly was used to broadcast
prize fights from Madison Square Gar
den, from its June Is assignment of
1870 kilocycles (236.1 metersl, which
it protests as being too low for it's
commercial use. Meanwhile, however.
the announced intention is to fight
the temporary restraining order suit
soon to be argued before Justice
Stafford in the Supreme Court Of the
District Of Columbia.
Confiscation of property rights is
FAIr. Podell's plea. He asserts that
Station WMSG, like others of the
Broadcast Owners Association group
which he is representing in hearings
before the commission, has invested
thousands of dollars in its broadcast
ing apparatus, its studios and its
talent. To be relegated to so low a
place in the program band as 1851
meters and to be required to divide
time with two other stations amounts
TO reduction in the efficiency of the
station and in effect to taking its
property away.
Mr.. Podell's suggestion is that if the
radio act is declared unconstitutional.
Congress can enact a law providing
for compensation to the owners of
stations thus deprived. He said WMSG
is anxious to cooperate with the COM
mission in bringing about order in the
ether, but its owners feel it deserves
a more favorable place in the broad
cast band. Meanwhile, Stations WABC
and WBOQ are sitting tight on $40
kilocycles, insisting they have proved
q better public service record.
The Cities Service Concert Orches-
ira, under the baton of the noted Ro-
Sario Bourbon, and the Cities Service
Cavaliers will join tonight for an
hours featured program which WRC
will broadcast. beginning at o'clock.
This attraction will come from New
York, but WRC has scheduled two
studio features that are popular, the
W., B. & A. Quartet and the Lord
Calvert Hour of Music.
Musical miniatures, Stardom of
Broadway. the PENNSYLVANIA Orches-
ira, the Palafs dor Orchestra and the
Greenwich Village Inn Orchestra are
other attractions which WRC will i'm
port from New York.
WMAL has scheduled a program
tonight that is predominantly musical.
There will be only one talk, and that
will be given by GratZ E. Dunkum.
grand master of Masons of the Dis
trict. whose topic is THE Masonic
Field Day"
The chief musical feature is the
concert of the Army Band on the east
plaza of the Capitol. The other mu-
steal attractions include program by
Dorsch's Doughboys. concert by the
Columbia Hawaiian Guitar and Uku.
le1e Club and a recital by Anna Van
Essen, soprano, of Pittsburgh.
Despite sporadic crashes of static,
radio reception conditions continued
to be satisfactory last night. The
wave lengths were responsive to care
full dialing, and signals from all direc
tons We're tunable. Both volume and
clarity were fair and only the period
ical outbursts of static served to mar
reception.