Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-09-06
QUESTION
IN RADIO AR|SES|
Industry Facing Future Set
tIement of PubIic's Right
to Use.
BY MARTIN KODEL.


tionS, as are railroads, street cars
buses and the like, to serve all who
would use their facilities? In other
words. since radio wavelengths are used
under franchise from the Government,
have you and I as citizens a right to
speak or sing on the radio for what
ever cause or whenever we choose?
Judge Ira E. Robinson, member OF
/ the Federal Radio Commission and It's
former chairman, insists that oroao-
casting stations are utilities OF a sort.
If one commercial interest is allowed
to broadcast or if one side OF a con-
troversial issue is presented. all inter-
eStS and all sides must be accorded
the same opportunity to use TINS great
natural medium of communication, &C
ording to Judge Robinson.
The ex-chief justice OF the Supreme
Court of West Virginia, who is one OF
the legal lights of radio, restricts his
view, however. to mean an equal OPP
portunity up to the limit OF radlos IA
, cilities Since there are only few
wavelengths and only "a hours in the
day-and since wavelengths and hours
, cannot be multiplied as can railroad
! coeches-such limitation Is, OF course,
,, inevitable
Governs Politicians.
1lc OILY llIIllldIlOLI PAoNSA AZ ttAN
radio act upon the discretion OF broad
casters as to whom they should sell or
give time has to do with political broad
casts. The statute requires that II one
candidate for political office is accorded
the privilege of using the radio, all other
candidates for the same ONCE shall be
given the same privilege under the same
conditions. But the law does not make
it compulsory to give any candidate
time on the air.
This fine legal question is particu-
larly interesting at this time in view Of
the decision of the Columbia Broadcast
ing System not to sell any more time
to preachers or religious institutions,
but rather to allot fixed periods on
Sundays gratis to the three major or
ganiZed faiths. One Of the reasons for
this move was obviously to avoid the
deluge of applications from organiZa-
tions and individuals willing to pay for
radio time in order to promote their
particular causes.
Columbia found that II it sold time
to one, it could not very we'll refuse to
sell time to others 1t was faced with
the prospect of unbalancing its pro-
grams to such an extent that the pro-
motion Of certain causes might occupy
so much time that popular interest in
its broadcaStS might be greatly reduced
1t seems to be generally accepted
among the small group Of lawyers who
are specializing in radio that public
utility standards of some sort must one
day be established in radio It re-
mains for the courts, however, to de-
fine them. The Federal Radio Com
missions position was stated some
months ago by its chief counsel Col
Thad NJ. Brown. in addressing the Ma
tional Association of Broadcasters.
Policies Different.
THE commission" he said. has not
considered radio broadcasting stations
as public utilities. Its policy, however,
with respect to commercial radiotele-
graph stations (Which carry messages
for TOLL has been to regard them as
public utilities and to impose upon a
licensee the duty to serve all alike and
without discrimination. The very ma
ture of the two services necessarily
makes for a different policy with re-
spect to them.
Radio broadcasting stations could
not provide enough time to allow every
American citizen to use them: there
fore, 1t has not been conducive to public
interest that broadcasting stations be
considered public utilities in the sense
that they must serve all corners equally"
Col. Brown follows the theory first
expounded by Louis G. Caldwell, his
predecessor as chief counsel Of the COM
mission, in a priority case discussed in
the 1929 report of the commission In
it the emphasis on public utility stand
ards Is said to be placed on the receiv-
ing end. Service to the mass Of lis
teneds-i. e., well rounded program
service catering to all tastes-is the
prime requisite imposed upon radio sta
ton managers.
AS Col. Brown puts it. the millions
Of radio listeners are interested in what
they can hear rather than in the oppor-
tunity to be heard. He adds that the
ratio between the listening public and
those interested in staging broadcast
programs is probably $4,000 to /. In
Mr. Caldwells brief, it is also asserted
that the commission doubts that any
improvement would be effected by plac-
ing the public at the mercy of each in
dividual in turn who desired to COM
municate his hobby, his theory or his
grievance over the microphone. or at
the mercy Of every advertiser without
regard to the standing either of himself
or his product"
That the broadcasters are sensitive
to their public service obligations is evil
dent from the fact that many of them,
especially the networks turn down
many more proffered accounts" than
they accept, for the reason that GER
tain types of advertising or programs
might offend the general taste. So far,
self-regulation on this score appears to
have been quite successful, although
recriminations from certain rejected in
terests have occasionally been heard.
Held Not Utility.
The view that radio broadcasting is
not public utility in the commonly &C
copied sense was taken by M. H. Ayles-
worth president of the National Broad
casting Co.. testifying some tina ago
before a Senate committee. This To-
ye2r-old art. underlined with finality as
yet by courts, legislatures or the COM
mission, he regards as a public serv-
ice, subject to regulation as such, but
not as public utility.
1T is not monopoly" he explained.
1T is not primary necessity, and it is
not paid for directly by the public. The
latter fact especially distinguishes it
from point-to-point communication by
radio for toll, which beyond doubt is a
public utility. Radio broadcasting pros
pers solely by giving acceptable service
and receiving in return good will.
Every sponsored program offered by
the National Broadcasting Co., no less
than those for which We pay all of the
COSCS, Is subject 10 OUT refusal, ana II
we do not think that the program meets
our standards of quality it is refused
Radio is subject to the severest public
censorship that believe 1t is possible to
devise. Specifically, the listener has
but to turn knob and that program,
so far as he Is concerned, is ended for
ever Whenever a sufficient number
of owners of receiving sets tune out or
fail to tune in, the broadcasting COM
pany. whichever one it may be, Is
through.
"I realize that the enormous power
concentrated in the hands Of a few
men controlling vast network of radio
stations is a matter for the considera
4i<... IL r4a4ac.,,ax, rIlaic fact lie 50