Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-08-29
COMMON CARRIER
RADIO THEORY HIT
Commissions Counsel Holds
Broadcasting Is Private En-
terprise, Not Public Utility.
BY MARTIN CODEL.


The theory that broadcasting stations
are common carriers and are required
bv law to give an equal opportunity to
utilize their facilities Is dealt bow
BY Bethuel NJ. Webster, general counsel
Of the Federal Radio Commission, in
his recommendations for amending the
present radio act and the proposed
Couzens bill The recommendations
have been forwarded to the Senate
committee on interstate commerce in
compliance With a request made by Sem
ator Couzens Of Michigan, It's chairman,
during recent hearings on his bill.
Mr.. Webster emphasizes the private
character of broadcasting as against
the public utility character OF other
ferns OF radio communication. such as
point to-point and ship-to-Shore wire
less telegraphy and telephony. He
would have clearer distinction drawn
in the Couzens bill between the rights
and duties of broadcesting stations and
the obligations of companies using radio
channels under Federal licenses to
transmit messages in the public service,
but for private gain.
In his attitude Mr.. Webster Is in &C
cord with L. G.. Caldwell, former general
counsel Of the commission. chairman OF
the American Bar ssociations radio
committee and an outstanding authority
on radio law. Broadcasting stations.
like newspapers, are private enterprises
which should not be saddled with gov
ernmental censorship or requirements
regarding what they should broadcast,
In the opinion OF Mr.. Caldwell.
License Gives Restraint.
Both counsel agree that regulation by
the licensing authority constitutes suffi-
cient restraint upon stations without
labelling them as common carriers. along
with such public service enterprises as
railroads and power companies. Nc
courts have passed on the public utility
character of broadcaSting. which has
often been declared by Judge Ira Z
Robinson, chairman OF the Radio Com
mission. and by various interests who
have been discussing the right to broad
cast for one reason Oh another.
Only in one respect does the present
radio act impose an obligation upon sta
tons to accept programs. Equality OF
opportunity to utilize the same broad.
casting facility must be accorded under
the act TO rival political factions.
Mr. Webster who was formerly an
assistant to the Attorney General IN the
antitrust division Of the Department OF
Justice, also suggests to the Senate
committee that the antitrust provisions
Of the radio act of 1927 and the Couz-
ems bill be amended. He states that he
regards the Sherman act. the Clayton
act and Federal Trade Commission ACT
rs sufficient deterrents against forma-
ton OF combinations il restraint oil
trade and monopoly"
Fav0rS Repeal Of Clause.
He also favors the repeal of the pro-
vision OF the present radio act which
forbidS radio and wire companies from
merging or entering into certain agree
nentS. Again. he states his opinion
that the ANTITRUST laws. together viii
the power OF strict regulation conferred
in commission, amply protect the pub
lie against the evils Of monopoly"
j A determined movement was started
last Spring by the international Tele-
phone g. Telegraph Co. and the Radio
Corporation Of America to secure repea
OF this provision. known as the White
act. so that the former company might
, take over the latterS International anC
) ship radio communications subsidiaries
I President Hoover was consulted regard
ing the desirability OF this merger IN
the interests OF the country's communi-
cations. but did not commit himself
concerning the proposed repeal OF the
White act
The much-mooted Davis equalization
amendment. which brought about the
broadcast license quota allotments t,
zones and States, would be modified BY
Mr.. Webster to permit the commission
to distribute licenses, wave lengths and
powers among the several States and
cnomunities so as Ito provide ali equi-
table distribution OF good radio among
the same"
This would leave the allotments more
to the commissions discretion. A
change fro mthe zone system of select
ing commissioner is q lSO suggested the
commission counsel asserting his belief
that the President should be empow-
cred to appoint qualified persons re-
CARELESS Of residence.
tcopyrisht, 1929. by North American News
paper Alliance