Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-11-08
EIGHT STATIONS
SENT TO OBLIVION
Commission Action Strikes
Broadcasters After DeIuge
of Criticism.
BY MARTIN CODEL.

BY MARTIN CODEL.
Leading American broadcasters in
convention in Detroit recently had no
sooner finished hearing liberal guam
titles of criticism heaped upon them
selves by public and private authori-
ties-some of it coming from their own
ranks and blaming them for lack Of
self-restraint in permitting certain
forms Of Objectionable matter to be
heard via their microphones-than
they were greeted with the news that
four more stations had just been
Topped of the air by the Federal Radio
Commission
This brought to eight the total num-
Der Of stations recently condemned to
limbo for various causes. Though spe-
ciflc reasons are generally given, the
commission usually concludes simply
that the stations are not operating In
the public interest, convenience or
necessity. That phrase covers a null
titude of It's gestures of authority, for
it is the only hallmark In the radio
law for any stations reason for being,
the courts having held rather con-
clusively Of late that no broadcaster
can claim property rights as against
the Federal regulatory authority.
Broadcasters Concerned.
Tremendous concern is being felt in
broadcasting circles over the commits
sion's belated manifestation of bel
ligerence toward those it regards as
failing to fulfill their public service
obligations adequately. Among certain
broadcasters, who have been under fire
for various causes lately, CONSERVATION
reigns. None knows where the ak will
fall next or for what reason.
It remains for the courts, Of course,
to pass upon the commissions several
decisions, for most Of the stations may
be expected to fight back. But the
courts have shown q disposition to up
hold the commission in cases where
stations were condemned for violating
common ethics and good taste, II not
technical regulations.
The most recent Examinations were
for several reasons. Stations WHO
ample. were ordered to quit the air
to make way on their shared wave
length for WJKS. Gary, Ind, on the
ground that Illinois, especially the
Chicago area, Is considerably over
quota in its due allotment Of radio
facilities, while Indiana is under quota.
Both stations have obtained an order
from the Court Of Appeals here stay
ing the commissions decision until the
case can be heard by that tribunal.
Then the commission ordered WNJs
Newark, and WKBO, Jersey City, elm.
mated to afford additional time to
WHOM, Jersey City, holding that their
previous time -sharing of a single chan
mel was an uneconomical use of the
ether in the public interest and that
the two condemned stations were not
qualified to remain in operation.
Next to feel the guillotir1e were WCHI
Of the Peoples Pulpit Association, and
WJAZ of the Zenith Radio Corporation,
both of Chicago, whose wave time was
made available to WCKY, Covington,
KY, for much the same reasons, al
though Kentucky is already an over
quota State. At the same time, the
commission ruled WIBR, Steubenville,
Ohio, and WMBA, Newport, r. l., off
the air for violating regulations and
also for alleged failure to serve the
public interest.
5000 to 50 Watt Range.
The stations are large and small ones.
ranging from the 5000 watts of WCHI
and WJAZ, to the so watts of WHBA.
commission reversed Chief Examiner
Ellis A. Yost's recommendation that
the Gary station is not entitled to their
facilities, particularly in view of its
proximity to Chicago. In the case of
WCHI and WJAZ, Examiner Walker
had recommended that WCKY was not
entitled to the additional time under
the Davis equalization amendment, since
Kentucky was already overquota.
Back of the commissions belligerent
campaign to eliminate what it regards
as undesirable stations is the idea that
there should be a test of the validity of
the quota regulations, adopted after
Congress had passed the Davis amend
ment requiring an equalization of avail
able facilities among the five zones and
an allotment to States within those
zones in proportion to their populations.
Such a test will be forthcoming very
clearly in the WIBO-WPCC action. If
upheld, the commission may then be
expected to start swinging the ak even
more viciously among such over-radio-
lied areas as New York, Chicago
and Los Angeles.
Since its court victories over DR.. John
r Brinkley, who was deprived Of his
license to operate a station in Kansas
for his medical advice broadcasts, and
Of Rev. John Sproul, who lost his
license to operate a station at Pitts
burgh, the commission has also been
inclined to deal summary with sta
lions whose broadcastS are regarded as
lnlmlcal 10 pubic health ana made
quate in public service. 1t has cited
a half dozen stations for hearings this
Winter because they have carried al
legged quacks, such as questionable med
ical practitioners, astrologers and the
like. While the commission has no
powers of censorship, it has broad pow
ers under the public interest, conven-
fence or necessity" clause, and appar-
emily it intends to exercise those powers.
All of which is designed to put the
broadcasters on their mettle and to
make them more careful Of the type of
material they accept for broadcast pur-
poses. The better classes of stations is
evincing no fears-in fact, many have
been rewarded in recent months in the
way of higher powers, more time, etc.
Small stations and large that are hard
put to it to make ends meet and are
less discriminate in the kind of adver-