Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-11-26
INVASION OF WABC
! FOUGHT BY JERSEY
Federal VS.. State Authority
Issue in Proposal to
Move Station.
BY MARTIN CoDEL.

Where does Federal authority over
radio end and State authority begin2
This question Is raised in the fight
carried by the attorney general of New
Jersey to the Federal Radio Commission
to prevent station WABC, the key trans
mitter Of the Columbia Broadcasting
system, from being rebuilt to use its
newly granted $4,000 watts of power on
. site near Morristown, N. j.
The States radio commission, con-
tending that listeners in eight nearby
counties stand to suffer "blanketing'
from any new high-powered radio sta
ton established there, has joined with
the official State legal force in fighting
the proposed removal of the New York
station from its present Long Island
site to New Jersey. BroadcaSting sta
tionS in the State, also fearing that
their programs will be shut out, are also
protesting vigorously against the adj
vent of WABC.
Meanwhile the technical experts are
dtSputtng among themselves whether
the interference effects of the station
will be serious. Sam Pickard, vice
president of the Columbia, stated that
the networks technical staff and Bell
laboratories engineers agree that the
proposed location is favorably suited to
high-quality transmission with a mini
mum of detrimental blanketing influ-
ences In the vicinity"
Being of the latest design, the trans
mitter should cause no listener to fear
that 1t will drown out all other recep-
tion," he said.
Question Authority.
New Jerseys attorney general, VIII
Ham A. Stevens, and the assistant at
Sorney general, Duane e. Minard, at O
hearing before the commission not only
objected to the removal Of the New
York station to the Jersey shore but
Commission has no authority to permit
such q removal over the States protest.
The State has the power, Mr.. Minard
told the commission, to determine who
shall and who shall net do business in
the State. Mr.. Minard'S contentious
were based as much on States rights
theories as on the testimony that In
reference will result.
Although radio waves are interstate
IN their carrying effects, the New Jer-
sey protest challenges the right of the
commission to TX the site Of trans
mitter station. This commission has
approved or disapproved sites from its
inception, for upon the local station
almost invariably depends its quality
and range, as we'll as the amount of in
reference with other stations 1t will
CAUSE
Feud Involved In Issue.
The perennial feud between the
States Of New York and New Jersey is
involved IN this issue. The New Jersey
authorities say that New York Is seek
ing to dump" its stations on their
State. Although no objections have
been raised in the quality of the pro-
grams that emanate from WABC and
the fight is undertaken in q more or
less friendly attitude toward the State
Of New York itself, Mr.. Minard insisted
1T the hearing that the removal of the
station to New Jersey will constitute an
Invasion" of that State which will
skill the efficiency" Of the States own
NroadcaSting stations.
From the comission's point Of view,
the case raises the important point
concerning its authority under the radio
law and under the right Of the Federal
Government to regulate interstate COM
merce. while police powers Of q State
Or municipality are recognized, the Ques-
ton whether the State has q right to
exclude Q station altogether, without
resorting : to coming or similar ordi-
nances, remains to be settled. Mr.. Mi
nard at the hearing limited broadly that
the State Of New jersey would carry
the case to the Supreme Court Of the
United States II necessary.
SNODs1'Sn' A' GsnDy s Aiiians. HiieiAn "e"s-