Evening star., 1939-06-25
Radio Control Issue
Likely 10 Be Settled
Without Hearing
Allentown, Pa, Case vii
Be Considered Tuesday
In F. c. c. Offices
BY WILLIAM ]. WHEATLEY,

The controversy among members
OF the Federal Communications
Commission over the matter of per-
mitting a newspaper to control all
radio station outlets in a particular
community appears likely to be set
tied without a public hearing as
originally ordered.
The question famed into feud
between Chairman Frank r. Nc
Ninch and Commissioner T. A. M.
Craven early in the year. when the
commission ordered a hearing into
the matter of assignment of one
part-time station in Allentown, Pa,
to another part-time station, to
make one full-time regional station.
The action of the commission caused
a long dissent to be made public by
Commissioner Craven condemning
the action of the commission.
Early last week the date for the
hearing was set for June 26, in ac-
cordance with orders of the COM
mission, and it was to be held in
Allentown, instead of at the COM
missions Offices here. However, the
ink was hardly dry on the order
dating the hearing before it was re-
scinded. It was learned 1lat the
case was ordered transferred by the
commission from the hearing calen-
dar to the calendar of cases to be
considered at Tuesdays meeting,
without the formality of a hearing.
The action appears to those IA
miliar with the workings of the COM
mission to indicate change in the
voting setup of the commission.
Chairman McNinch is in Atlantic
City recuperating from a recent ILL
ness. Commissioner Eugene O.
Sykes has since resigned and has
been replaced by Commissioner
Frederick I. Thompson.
The question of newspaper owner
ship of radio station was to be
considered directly in the taking of
testimony at the hearing, for the
order directed the examiner ito de-
termine whether assignment of
licenses of WSAN and WCBA to
the Lehigh Valley Broadcasting Co.
would serve the public interest in
view of the fact the broadcastinS
company is controlled by the Allen
town Call Publishing Co., which
published the Allentown Call and
which owns all of the stock of the
Chronicle and News Publishing Co.,
which publishes the Allentown
Chronicle and News"
The action of the commission was
attacked by attorneys for the par
ties, who in seeking to strike the
order for the hearing, contended
the commission had no authority
to give consideration or receive evi-
dence concerning the matter of
newspaper ownership. They in
formed the commission it was an
obvious attempt by the commission
to give consideration to the other
business connections Of the appli-
cants, particularly their interests in
the newspaper publishing business.
Furthermore, the attorneys told
the commission. there was no pro-
vision of the Communications Act
which conferred on the F. c. c. any
jurisdiction to determine whether
control of broadcasting station by
a newspaper publishing company
would serve public interest.
They contended that a hearing
conducted on such basis would be
illegal and refused to submit to the
jurisdiction of the commission for
such a purpose. The motion to
strike the order for a hearing was
denied early in the month, but the
F. c. c. now has rescinded the order
for a hearing, and the matter will
come up for consideration Tuesday.