Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-10-25
STATION CLOS|NGS
SEEN DRASTIC STEP
Commissions Authority Due
for Test in Rulings on
WHO and WPCC.
BY MARTIN CODEL.

Those who rule the ether lanes for
| the Federal Government have lust taken
one of the most drastic steps in the
history of broadcasting. They have
sentenced to death two radio stations in
one State in order to make way on their
Jointly occupied wave length for a sta
ton in another State. Now arises the
issue whether such action is within
their scope of authority, particularly
whether the so-called quota system
Of measuring the due facilities Of each
State can hold legal water.
Reversing the recommendations of
Chief Examiner Ellis A. Yost, the Fed
eral Radio Commission has ordered
WHO, Chicago, owned by the Nelson
Brothers Bond g. Mortgage Co., and
WPCC, also Chicago, owned by the
North Shore Church, off the air to
make way on the 560-kilocycle chan
mel for WJKS, Gary, Ind, controlled
by Ralph AtlaSS.
Arguments Heard.
The commissions decision follows
lengthy hearings before Mr.. Yost, at
which the relative public service merits
Of the several stations were argued on
behalf Of WJKS, on the one hand, by
Mrs. Mabel Walker Willebrandt and on
behalf of WIBO, on the other hand, by
Levi Cooke. Both are prominent WASH
ington attorneys, Mrs. Willebrandt be-
ing the former Assistant Attorney Gen,
eral in charge of prohibition cases and
now popularity identified with the Cali
fornia grape concentrate interests.
Not only does the commissions ac-
found that the public welfare would
not be served by depriving the Chicago
stations of their facilities and giving
them to the nearby Gary station, but it
represents a tremendous victory for
Mrs. Willebrandt. There were political
aspects to the case also, with Indiana
interests lining up in favor Of the Gary
stations plea.
On Mr.. Cookies part he minces no
words in denouncing the decision and
saying it will Immediately be appealed
to the courts. An injunction to keep
the stations en- the air pending appeal
was to be sought Immediately. Station
WHO, a 1,000-watter, represents an in
vestment of 100000 and its constitu-
tional rights are being violated in that
its property Is being confiscated with
out due process, according to Mr.. Cooke
Without wave assignment, its physical
property, of course, is worthless.
Chicago's Quota Cited.
OStenSibly the commission was moved
to its action because it believes the rec
ord shows WJKS proved at the hear
ings before Mr.. YoSt that its services
are more in the public interest than
those Of the two Chicago stations. Ac-
tually, the commissions technical
grounds for decision will also state that
Illinois, particularly Chicago, Is greatly
overquota in its due allotment Of broad
casting facilities, while Indiana is con-
siderably underquota.
But Gary is just on the border Of
Illinois and, with its 1000 watts, WJKS
will undoubtedly cover Chicago or the
better part of Chicago. Nevertheless,
the Davis equalization amendment to
the radio act, prescribing that radio
facilities be divided among zones equally
and among States in proportion to their
populations, leaves no recourse to the
commission but to respect State de-
nlands. Since radio waves cannot be
added or further crowded, the only way
station can get anything Is to take
it away from another. That WJKS ap-
pears to have succeeded In doing.
General Order 102 Of the commission
fixes quota allotmentS Mechanically
and that order will be the center Of
the court appeal. 1t is that order which
has virtually frozen" present radio
assignments, since it renders practically
impossible the change in the wave or
power status of any station unless the
facility sought is taken away from an
other station in an underquota State.
Lawyers and broadcaSters alike are
eying this case with keen interest be-
cause of the important precedentS 1t
involves, both as to the commisSion'S
exercise Of power and as to the test it
will bring Of General Order 1902.
In the meantime, in another Chicago
case In which the commission also ex-
arcicad summary authority the Fed.
eral boards right to take a station on