Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-09-07
STATIONS Battle
ON WAVE LENGTHS
ReaIIocation Brings Scramble
for Favorable Assign
mentS.
BY MARTIN CODEL.

In order to give station arrangements
sufficient time to readjust their ap-
paratus, the Federal Radio Commission
has tentatively fixed November 10 as
the effective date of the. radio reallo-
cations. Meanwhile, certain changes in
the plan itself and few assignments
under the plan may cause further delay
in promulgating the details of the new
radio log which listeners everywhere
will have to use this Winter
The expected scramble for favorable
Wave-length assignments has material
lied The commissions Offices are be-
Sieged daily with representatives of in
dlVldual broadcasting stations and their
attorneys. All seek to learn just how
their stations will fare under the new
scheme of things.
Assignments Secret.
Specific assignments, however are be-
ing kept in utmost. secrecy. The de-
layed effective date, originally set for
october /, gave rise to the belief today
| that the list of assignments may be
held UP for another week. Individual
| assignments SO far have been withheld
so successfully by the commissioners
| that even the lawyers said to be pre-
| pared to institute legal tests are kept
guessing.
| 1t now develops that at least one Chi
cago station, anticipating an unfavor-
able assignment, is prepared to take an
appeal from the commissions decision
to the Court of Appeals of the District
of Columbia. There temporary re-
stralning order will be sought pending
an adjudication of the stations claim
that it will suqer "irreparable damage"
under a reasSlgnment.
The Court OF Appeals is the agency
prescribed by the radio law for appeals
from the commissions decisions. A
moot legal point Is involved in the queS-
ton whether that tribunal would issue
an injunction, since restraining orders
would ordinarily be sought in the court
OF first instance here, the Supreme
Court Of the District of Columbia In
junction proceedings against a wave
length assignment were once instituted
against the commission in the latter
court by New York station, but the
case was later dropped voluntarily.
Ready to Appeal.
Another Chicago station is reported
to be ready to appeal to the courts
against the commissions recent decision
ordering 1t off the air September /. That
is station WMMB-WOK, of the Ameri-
can Bod & Mortgage Co., which Is
faced with the necessity of virtually
scrapping its 20,000-watt transmitter by
reason Of the commissions finding that
it was not serving public interest, con-
venience or necessity"
The case of WMMB-WOK, if it is
carried to the courts, involves legal
determinations which the commission
has repeatedly indicated 1t would well
| come. Such a case would test the radio
boards authority to order a station off
the air, shift its wave length, reduce
Its power or otherwise limit its opera
tions under the sweeping public inter-
est, convenience or necessity" clause of
the radio law
The commission today augmented its
| engineering staff by the addition of
Fraklin Y. Gates. former consulting
engineer for a Salt Lake City radio
| manufacturing concern and a graduate
of the University of Utah.
| Copyright, 1929 by North American News
paper Aliance.)