Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-05-13
REFUSES TO LIGHT
HIGH RADIO TOWERS
R. c. A. Denies Right of U. S.
to Force Illumination
of AeriaIS.
BY MARTIN CODEL.

The persistent refusal of the Radio
Corporation OF America to light its
giant transoceanic radio towers at New
Brunswick, N. j., directly on the path
Of the airmail, is causing grave concern
among Government aeronautical OFF,
cials. They are seeking a regulation
from the Federal Radio Commission
to require tower lighting and, failing
to secure it, will appeal to Congress to
pass q special act making it mandatory
for all such structures to be lighted as
safeguards to aviation.
There are Is of the towers at BrunS-
wick, which is a short distance from
Hadley Field, Eastern terminus OF the
air mail. Each ranges $50 feet in
height. They present serious hazard
for pilots approaching and departing
from Hadley Field, because of their
height and extent, especially during
foggy weather. 1t is impossible to fly be-
tween them because of the connecting
antennae. The air mail pilots generally
veer several miles out of their courses
to avoid the towers.
The Government officials, unSuccess-
full so far in their efforts to persuade the
owners to light them voluntarily, are
intent upon getting them lighted re-
gardless of the legal merits of the COM
pany's formally submitted arguments.
They say the towers present mental
as well as a physical hard to flyers.
The Radio Corporation officials have
based their refusal on legalistic grounds,
and have served notice that they do
not intend to light any of the towers
at Brunswick or elsewhere. report to
the aeronauticS branch OF the Depart
ment of Commerce from Maj. Jack
Berry. manager of the Cleveland air
port. saws that he has been served with
notice that the lights on the Radio Ma
rine Corporation of America towers,
used for ship wireless service on the
Great Lakes, also will be turned on I'M
less the Government takes over the
lighting functions.
Want u. S. to Bear Cost.
The company officials contend that
the lights should be installed and main
tanned by the Government in its pro-
gram of lighting the airways and pro-
vidinp aids for air navigation. They
maintain that to light the towers at
their own expense-the cost or an IN
stallation at Brunswick Is estimated at
about SIS ,000-would be to admit the
Federal Governments authority 10 re-
strict the use of their physical prop
ertv and to admit liability to pilots Tor
damages in the event Of airplane col
iisions.
The legal points raised bring up also
the generations rights under the COM
mon law, which today retains to prop
erty holders an illimitable right TO the
air above their property. Neither tne
common law nor the air commerce act
oives the right of eminent domain for
airways.
The legal objections are more or less
recognized by the Federal Radio Com.
mission. It's chief counsel has rendered
an opinion in which doubt Is expressed
about the right of the radio licensing
authority to require the lighting and
painting of radio masts. This Is SAID
to be properly within the police power
of the States or municipalities In wnlcn
the towers are situated, put not WiCnh
Federal authority.
ON the other hand, the aeronautics
officials have contended that such light
ing could be made a condition of license
grants, since the radio stations operate
in interstate commerce and may OPP
crate only under a license from the
Government. $50.
Radio officials have met with little
or no diffculty on this score before,
and they are eager to see the matter
tested in the courts. The Radio Cor
poration of America says it will defend
its stand In the courts If necessary. A
congressional act, however, may pre-
clude this by imposing such restriction
as condition of granting radio licenses.
Many Light Own Towers.
Most broadcasting stations and many
of the radio telegraph stations along
the seaboard and within the country
light their towers to safeguard their
own interests and as o matter of pub
lie policy. The Army and Navy paint
al their wireless masts in black and
white to increase their visibility be-
sides lighting them. An air commerce
document recommends the exact way
to light such skeletons towers, whether
nag poles. in the immediate vicinity Of
nfrYanrfs and landing fields