Evening star., 1931-06-14
u. S. BROADCASTING.
HELD STALEMATED.
General Order No. 102 Rules
State Radio Quotas Must
Balance if Changed.
BY MARTIN CODEL.

American broadcasting is frozen
stiff" That Is to say, simply, that the
600 or more station pawns on the
radio chess-board have been stalemated
Not q move of any consequence
whether 1t be the adding Of new sta
tions or the changing of the waves
powers or hour assignments Of exist
ing stations-can be made by the
Federal Radio Commission as matters
now stand.
While this means that no general
or even regional re-allocation of radio
may be expected to annoy the listen
ing public in the immediate future, II
also means that Is of the 46 States
must continue for the time being al
least, to remain under their quotas in
their due allotment of radio facilities
Their chances of procuring more sta
tions or new waves, powers or hours
on the air are practically nil, even
though the Davis amendment to the
radio act prescribes a division of radio
facilities among the States in each
of the five zones, according to their
populations.
Only a few months old is general
order No. l02 promulgated by the
Federal Radio Commission, but its
fame has spread fast among the
broadcasting fraternity, whose men,
bers are ever jealous to improve Their
particular positions on the air, regard
gested broadcasting structure in whole
or part.
Must Balance Quotas.
In general, the order declares that
no under-quota States quota can be
increased unless the facility sought is
taken away from an over-quota State
In other words, since the radio spec
trum is already greatly overcrowded
the commission will not give to one
station unless 1t takes away from
another. Yet the commission itself
and the courts too, have almost in
variably ruled against any effort tc
deprive an existing broadcaster of his
present facilities II he can show a
continuously good record of public
service.
Even where the commission may be
disposed, because Of political expedi-
ency or otherwise, to make certain
grants, it finds its hands tied by its
own order. Should 1t want to play
the give-and-take game to its self
imposed conclusion, 1t finds the courts
almost invariably ready to balk any
Under the order, the % over-quota
States-over-quota usually because
their citizens were first to get into
radio-do not stand q Chinaman's
chance to get anything more. Ap-
plicants come and 60 from both under
quota and over-quota states. but they
always buck up against the brick wall
reared by general order No. 1902 Com
mission decisions Of late, aside from
the business Of administering the long
and short waves, have dealt almost
entirely with mere routine, so far as
broadcasting Is concerned.
Order Violated on Kansas.
It Is q rigid stalemate, and only the
commission or the courts can break il
down. The commission itself violated
the order just once-when 1t ruled the
Brinkley station In Kansas non-exis-
tent after being sustained by the court;
in ordering the goat gland" doctor
of the air, and yet in the next breath
granted the same facility to another
party In the State as q brand-new sta
ton without following the give-and-
take requirements Of its own order.
But that, Of course, was technica
expedient, and was explained by the
fact that Kansas is greatly under
quota.
Otherwise, the commission cite!
general order No. 102 every time any
one asks for anything in broadcaSting
Is O new station wanted in under
quota South Carolina? 1t cannot bt
had unless the applicant specifies thai
Its equivalent be taken away from
over-quota Texas, Florida, Tennessee
Oklahoma or Louisiana in the same
zone Of Southern States. And every
L. 1~nar tai ftlak -.
chance to accomplish this Is slim, in
deed.
Political Storm Looms.
While it may be the savior of radio
in that 1t preserves the status quo anC
| impels the broadcasters to develop tn,
| facilities they already have, genera
order No. 102 Is being eyed askance
| by many a broadcaster and some o.
| the politicians. A court test may com,
soon. Vigorous exception to the ordel
Caldwell. the commissions former gen
eral counsel, on behalf Of Station
WPTF, at Raleigh, in under-quot;
North Carolina.
Now operating on a Pacific CoaS
clear channel, with 1000 watts durinl
daylight hours in the West, this sta
| ton wants a boost to 5000 watts dur
ing the same hours. Because the con
| tinent's width separates it from thu
nearest station on the same wav
length, WPTF points out that Nortl
Cardinals quota could be brought VI
to par, the station could give the Stat
better service and nobody would b,
the loser If the power boost wer
authorized. But the commission
examiner who heard the stations pie;
had To turn a deaf ear To it beCauS
Of the rigidity of the order.
There are other cases in point toc
numerous to mention. Even the com
| mission examiners have occasional.
felt constrained to suggest that tn,
order be waived to grant a worthy ap
plicant a facility for which he showet
| at Q hearing theres was real need. Blu
the commission has been adamant, ex
cept In the case Of the Kansas station
and that involved both technica
and political expediencies that coulC