Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-03-03
MANY CITIES PASS
RADIO LEGISLATION
Electrical Interference and
Loud Speakers Chief Sub
iects of Regulation.
BY MARTIN CoDEL.

Only a few States, but a relatively
large number of municipalities, have
undertaken to regulate radio. Electro
cal interference and the loud-speaker
nuisance that is sometimes blamed for
the modern malady known as radio
insomnia" are the chief subjects OF
regulation outside the Federal authority,
according to a survey of municipal and
State laws on radio conducted by Louis
G. Caldwell, chief counsel Of the Fed
eral Radio Commission.
Detroit makes it crime to operate
noisy devices, radio amplifierS in par
ticular. in any public or private place
in such manner that the peace and
good order of the neighborhood are
disturbed or occupants of nearby prop
erty annoyed Memphis applies the
ordinance to business places, such as
the well known radio rows" that have
sprung up in many American cities. An
ordinance like Detroit's is in force in
Oakland, Calf.
The typical city ordinance covering
interference is that of Spokane, Wash,
where it is unlawful Ito operate any IN
strument, device or machine the oper-
alton of which would cause electrical
interference with radio reception be-
tween the hours of o'clock pm. ana
IL midnight"
There are such ordinances also In
Portland, Greg; Minneapolis, Mimi,
and Amigo, Wis. and so-called "viora-
tory charges" are prohibited IN Mime
apolis and several other municipalities.
Radio Zoning Laws.
MANY cities hav radio zoning ordi-
nances affecting the location OF studios
and transmitters. Minneapolis, for ex-
ample. requires q permit for studios,
microphones, wires or other apparatus
and prohibits any broadcasting station
of 500 watts power or more to oper-
ate within the city limits. The as
lance scale is graduated; 500 to 1000
waters for example must be four miles
away. and $4,000 50,000-watters at least
is miles outside the city's bounds.
Antenna construction and electrical
installations are covered by municipal
codes in cities like Washington, st.
Louis. Flint Mich: Berkeley and San
Diego. Calf. These sometimes specify
the height of masts or towers, prescribe
fire precautions or prohibit extend
ing radio wires to the wire lines OF
public utility companies without per-
mission.
OF the 81 State attorney generals
who replied to Mr.. CaldwelIs question:
naire, only a handful indicated that
their States had laws, dealing with
radio. Two States, Michigan and Ne
vada, have enacted laws placing nroad-
casting under the jurisdiction OF their
State public utility commissions. giving
them authority to promulgate rules and
regulations covering broadcast trans
mission and reception.
Maine has a 1897 law making 1t
crime to operate receiving. sets regen-
arating waves both in the broadcasting
and short-wave bands, largely because
Of neighborhood interference and be-
cause of the interference with ship
coda and amateur transmissions that
result The regenerative set is now
r-7"t:cally obsolete and fast going out
If u-e
Illinois Has Radio Libel Law.
Illinois has statute extending the
l1w of libel, including criminal libel.
10 defamation communicated by radio.
florida has established its own State
broadcasting station by a legislative
act, and other States have acts author.
izing them to acquire sites and build
their own stations. Minnesota requires
It's stations to broadcast information
helpful in searches for stolen property
and criminals
Apprehending IAN inevitable conflict
between the power Of Congress to regu-
late interstate commerce and the police
power of the State to promote the well
fare of its citizens" Mr.. Caldwell is
urging State Legislatures and city coun-
ellis to study all prospective radio regu-
lations carefully to avoid clash. He says
that he Is convinced that some OF the
statutes and ordinances are clearly un-
constitutional. while others are legiti-
mate exercises Of the States police
power.
Mr. Caldwell adds that 1t is impossi-
bic to foreSee where the line between
the Federal and State autonomy will be
drawn. It is noteworthy that the
division Of powers over radio has been
one of the subjects causing most con-
Germ among members Of Congress, judy
ing from the debates in House and Sen
ate.
The only case of State or municipal
regulation Of radio known to have been
decided by a court occurred several
years ago in the District Court of East
ern Kentucky. An ordinance attempt
ing to license radio stations was held
unconstitutional on the ground that
radio communications are all inter-
state"
Copyright, 1879, by North American News
paper Alliance.)