Evening star., 1932-12-11
DECISION GREETED
!. BY BROADcASTERS
Commission Reversed on
Elimination Of Two
Chicago Stations.
BY MARTIN CODEL.

~ ROADCASTING stations in
= about half the States are feel
ing more secure these days as
- a result Of 3-to-2 decision OF
M the Court Of Appeals Of the Dis
trict of Columbia last week reversing
the Federal Radio Commissions &C.
ton eliminating two radio stations in
Chicago to make way on the wave
lengths for one in Indiana.
The case involved only three sta.
tions, but actually was q test Of the
power of the Radio Commission tc
juggle radio assignments practically al
will in order to equalize their distribu-
ton among the States and .rnes. The
court action, unless reversed OF. an ex-
pected appeal to the United States Su-
preme Court. virtually strips the com.
mission of authority to shift station,
around merely for quota" reasons.
The decision holds the commission
manner when 1t ordered WIBO anc
WPCC, two Chicago stations sharing q
common wave length, to quit broad
casting so that their -kilocycle chan
mel might be given wJKS, Gary, Ind
which is practically suburb Of Chi
cago.
States and Quotas.
Mabel Walker Willebrandt, former
Assistant Attorney General, who was
counsel for WJKS, based her case
overquota and Indiana underuuota In
their due allotment of radio facilities
under the Davis amendment to the
radio act. Although Chief Examiner
Yost, who heard the case, recommended
against the WJKS grant, the commits
sion chose to interpret the Davis
amendment strictly. That feature OF
the radio law directs that there be an
equitable distribution Of radio facilities
among the zones and States in accord
ance with their populations.
Legal observers are Of the opinion
that an upholding Of the commission's
decision by the court would have given
1t such unlimited authority that radio
stations in all Of the ~ overuuota
States might have been eliminated OF
juggled about at its will. In other
words, the commission would have been
empowered to take away radio waves or
power from any overquota State in
order to give them to an underquota
State without any more provocation
than that the Davis amendment direct
virtual mathematical distribution OF
radio.
The courts majority, holding the
commission had exceeded its AUTHORITY,
declared that the law called for an
equality OF broadcasting service "as
nearly as possible" Congress evidently
recognized, the majority said, that the
commission might not be able to es-
taolish and maintain an exact mathe-
matical equality"-hence the language
as nearly as possible" The court de-
clared against unnecessarily injurine
stations, already established. which are
rendering valuable services to their nat
ural service areas"
Gary Near Chicago.
One OF the primary points made by
Chief Examiner Yost was that Gary Is
only. 80 miles from Chicago, receiving
service from Chicago stations, yet that
those Chicago stations cannot be charged
against the Indiana quota. This point
Is repeatedly mentioned in the courts
opinion, which states that "the circum-
stances furnish no substantial justifica-
uon Ior the decision Of the commits
sion."
Equally as vigorous was the dissent
ing opinion of Justices Groner and
Hitz, newest members of the appelIate
court. They pointed out that Illinois is
90 per cent overquota and Indiana %
per cent underquota and contendei the
commission Is authorized to eliminate
station to bring about the equality of
service directed by the Davis amend
ment. They refused to agree with their
colleagues that the decision was "un-
reasonable and capricious."
Justice Groner, writing the dissent
declared his belief that the court was
substituting its own conclusions for
those OF the commission" which. he
added, was not within the puryiew of
the court, in view of a recent change
in the radio law limiting it to reviews
OF law rather than fact.