Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-09-03
'aCOUzENSACTF|GHF
LAW.GRQ|Q|IP|''''''S':..P|:'![|...Al!|IN||I|I
Bar Association Committee
: to Oppose Bill to Create /,
Commission.
ny MARTIN .CoDEL..

by MARTIN .C0DEL.
Opposition to inarnediate enactment Of
the Couzens bill providing for the crea-
ton Of commission on Communities tions
to succeed the Federal Radio CoNmis.
sion Is expressed by the radio law COM
niittee OF the American Bar Association
In a report prepared for presentation az
the associations annual meeting. to De
held in Memphis, Tenn, October ~.
The committee also recommends the
Z complete repeal OF the anti-monopoly
provisions Of the present radio act.
The committee on radio law, an on
7elnoot of the committee on air law, which
covered both aviation and radio. ID
headed by Louis O.. Caldwell. former
general counsel of the. Federal RADIO
Mr.. Caldwell, also now tn Europe to
attend the international wireless confer
ence at The Hague this month. are Will
liam ]. Donovan, former Assistant At
torney General; Fred c. Fernaldp. Bos-
ton, Cassius e. Gates. Seattle, and Eds,
ward A. Zimmerman, chicago.
Reason for Opposition. :. -
The general reason given for opposing
the Couzens bill for the present Is that
radio regulation is not yet at such z
stage where 1t can be safely aSsimilated
to regulation OF wire communication
because OF radios many special prob
lens Ths committee says, 1T Is gen.
orally azgeed that sweeping legislation.
such as the Couzens bfll contemplates,
will require consideration at two or
three sessions Of Congress"
In the meantime the committee urges
"the immediate termination of the ex-
isting uncertainty ana division Of aH-
thority in radio administration in the
United States by placing radio, regllla-
ton definitely and permanently m the
mission or the Department Of Com
merce." -
Speaking solely from the point Of
view of the best interests Of radio regu-
lation,'' says the report, the committee
on radio law feels that 1t does not pos
sess SUFFICIENT information to enable 1t
to make positive recommendation for
or against the eventual establishment
OF a communications commission, and
that the conclusion Of the hearings on
the Couzens bill should be awaited
ITO date the committee has received
\ no convincing evidence Of any present
need for such q commission. It may
very well be that the desirable solution
lies In the direction Of creating q new
governmental department under the SUI
perviston Of secretary OF communities.
tionS. The committee Is in agreement.
however, In recommending against the
creation of sNciftA commission until "a.
do regulation is established on Q sound
and durable basis
Anti Monopoly Attitude. =.
With respect to the anti-nonopoly
provisions of the radio act the commit
tee Is even more specific In opposition
than was B. M. Webster. general coun-
sci OF the Federal Radio Commission. In
his recommendation, submitted last
week to the CouzenS committee.
Section IL Of the radio act 10 de-
scrtbed In the report rs "a constant
threat to the foreign communication
system OF the United States" and its
repeal Is urged. 1t directs the licensing
authority to refuse radio licenses to any
person or corporation finally adjudked
guilty In q Federal court of monopoly In
manufacturing OF selling radio appara-
tus, as weHa as monopoly In handling
traffic. The committee holds that this
the short-wove channels appropriated
by the United States to be thrown into
the international grab-haE" !.
Section ~ Of the radio act, which
forbids mergers OF wire and wireless
companies, Ike the one contemplated
by the International Telephone IL Tele-
graph Co. and the Radio Corporation Of
"
conception Of the nature Of radio recep.
tion and its relation to wire conifntlnf-
cations" The report urges its repeal;
10 That the two means OF communities.
ton shall be permitted to combine under
proper conditions and in the public
interest.
Monopoly Held Natural.
mo extended argument Is necessary"
says the report, Ito demonstrate that
the natural department. of the COM
municationS business seems to be In
the direction Of monopoly. regulated. Of
course, by the Government. Our tele-
phone system, at least in interstate |
commerce, approaches to being very
close to q complete monopoly without |
appreciable' complaint on the part of
the public. In many parts Of the coun- |
try the telegraph system Is In the hands |
Of only one corporation.
There Is just IS much excuSe for |
the Development OF such q tendency in |
radio communication, since the total !
number of channels is SO limited and |
competition necessarily means O severe |
reduction In the number OF places be- !
tween which communications may be |
had
Repeal Of the DAVIS equalization
amendment, dividing broadcaSting facil- !
tiles equally among the several zones |
and States; repeal OF the provision Of |
the radio act dividing the country irftoJ
zones, and q return to the, originate
three-year license period for broadcast /
ing stations and improvement in pro-
visions. covering procedure and hearings |
before the Federal Radio Commission |
are among the other recommendations |
In the bar committees report. It is also |
urged that the enactment Of any bill |
declaring broadcasting stations to be |
common carriers or subject to q COM |
on-carrier obligation with respect to |
the transmission Of communications be |
opposed by the American Bar Associa-
ton.
(Copyrisht, 1870. by North American Naws. (!
paper Alliance) = 80,