Evening star., 1927-05-29

nels which could be used by all of
these 612 existing stations and the $50
or more contemplated stations. CThere
are six other channels. but these have
been allocated to Canada.)
1t was obvious to the committee
that there were too many broadcast
ing stations operating and about to be
operated, and that interference and
confusion were unavoidable without
regulation.
In the matter of issuing licenses the
courts We're already on record as in
dorsing the first come, first served
principle" Under this, confusion was
not only predictable but inevitable.
Chancellor Wilson, ruling on the case
Of the Chicago Tribune VS.. the Oak
leaves broadcasting station, under the
law of 1912, said:
I'VE are of the opinion further that
under the circumstances of this case
priority of time creates superiority
in right, and the fact of priority hav-
ing been conceded by the answer. 1t
would seem to this court that it would
be only just that the situation should
be preserved in the status in which it
was prior to the time that the defend
ants undertook to operate over or
along the wave length of the COM
plainant."
Under the above law the Secretary
of Commerce had no discretion in is
suing licenses. The court so ruled in
the case of Hoover VS.. the Intercity
Radio Co. The Secretary of Com
merce had refused to grant an appli-
cation for a license to a new operator
on the ground that there was no avail
able wave length which would not in
terfere with some former assignment.
1912 Statute Ineffective.
In sustaining the company the court
unquestionably followed the law-but
the laws of physics are more obdurate
than the laws of man, and the errant
air waves continued to tread on each
others heels and to fill the heavens
with unseemly clamor,
The 1912 statute was simple and
effective on paper, but not on the air
Section l provided for the issuance of
licenses and section that the license
should state the wave length intended
for use. This naturally brought on
many aerial dog fights, and then the
courts held. in the case of the United
States vs.. the Zenith Radio Corpora
ton. that operation upon a wave
length other than the one assigned by
the license did not subject the COM
pany to penalties.
This left an interesting free-for-all,
incidentally productive Of much dis
sonance and disgust, so far as the lis
tening-in public was concerned. The
public, quite obviously, wanted many
OF the existing stations shut down. to
insure less Interference and better
reception
The air law committee concluded
that no existing legislation met the
problem. and recommended a law pro-
vlding for the closing of superfluous
stations. Naturally the issue of con.
fiscation arose The committee rec
commended the payment of "just COM
pensation' to such stations from re.s.
nue. derived by taxation of the stations
retained.
Authority Still Lacking.
The passage of the present law did
much to clear the chaos in the air. but
the commission and the Secretary of
Commerce still lack the power to close
existing stations and there Is no provi.
sion for compensating stations whose
licenses are not renewed.
The new law is, in q sense. pureIv
praematic solution. In the face of al
most insuperable obstacles it is keen.
ing the way open for continued radio
progress, but much more fundamental
legislation will be necessary to assure
the full development of the industry.
The question of vested rights in a
wave length, for instance, suggests
a legal impasse which will require
the best efforts of specialists in prop
erty law before it is settled The
doubts and difficulties of ascribing this
vested right are obvious. even to the
lay mind, but that rights exist is un-
auestionniably contemplated by the
This appears in the fact that the
law requires an applicant for license
to sign a waiver of any rights he may
claim. This requirement is, of course,
an admission that rights exist The
licenses are issued for three years. and
are renewable at the pleasure Of the
Secretary of Commerce.
With Herbert Hoover on the job