Evening star., 1940-04-07
By WILLIAM J. WHEATLEY.

of the F.. c. C.. in ordering another
hearing is to be the subject Of an
investigation before subcommittee
of the Senate Interstate Commerce
Committee.
The weekend developments over
the controversy which has stirred
the radio industry and the political
world are these:
Chairman Wheeler of the Sen
ate Committee on Interstate and
Foreign Commerce, returning to
Washington from the West Coast,
announced in Chicago he would i'm
mediately appoint subcommittee
to study the resolution of Senator
Lundeen Farmer-Labor, of Mimi,
calling for a committee investiga-
tion of the F. C. c. action in con-
nection with television, in particular
to ascertain whether the commits
= sion has exceeded its authority and
whether it has interfered with the
freedom of public and private en-
terprise.
Oe1ldlOl LulluCCll ldSU lllSllt Udu.
cast over the two national net
works Chairman Fly used in de-
Tending the action of the majority
OF the commission, speech attack
ing the commissions procedure.
Charges Industry is Throttled.
Senator Lundeen charged that a
new industry is being throttled by
Government bureau exercising
power never granted by Congress.
Having had a hand in passing
the law under which the Federal
Communications Commission oper-
ates," he declared, Il know of no
authority Congress has given the
commission to regulate, control or
supervise the marketing of radio or
television receiving sets. On the
contrary, authority to cope with
misleading advertising rests in the
Federal Trade Commission In fact
just week earlier the Supreme
Court of the United States handed
down a decision in which the court
stated that a Communications Act
does not essay to regulate the bust
ness of licensee."
Senator Lundeen gave a consider
able portion of his speech to quota
>Iiuns from letter from Commits
sioner T. A. M. Craven, and added:
MY studied opinion is that the
Federal Communications Commits
sion was in error when it rescinded
its permission for limited COM
mercial television. Accordingly, ]
believe the best interest of tele-
vision development calls for aban-
doning the new and unnecessary
hearings which are scheduled to
start on Monday and to return to
the status quo which obtained be-
fore it's unfortunate action of March
%. I believe that the F. G. c. should
stay within the authority granted it
by Congress and defined so recently
by the United States Supreme Court.
I believe it, and every other bureau
or Government agency, should use
common sense and encourage, not
block, the development of television
or any other industrial activity that
will put unemployed men and women
back on private pay rolls and speed
the return of prosperous United
States"
Uncertain on Procedure.
Chairman Fly said yesterday at a
press conference ne was uncertain
on the procedure which would be
followed at the new inquiry starting
tomorrow morning. He did not
know, he said, whether the Radio
Corp. of America, target of the F.
c. C. action suspending the rule per-
mitting limited program CONNER
cialization beginning September !,
would be permitted to put David
Sarnoff, its president. on the stand,
or whether Il would be limited to
engineers. fse indicated he wanted
to go into the matter of the present
engineering status of television, and
would not deal again with alloca-
tions, which were subject of hear
ing some weeks ago He also was
uncertain whether others than those
engaged in developing television
would be permitted to testify, but
appearances have peen entered for
the hearings by companies which
are not engaged in experimentation,
but only in assembling sets for
the market.
Five members of the commission
are expected to sit IN judgment on
the latest act of the commission
Commissioner Paul Walker, who in
stigated proceedings which resulted
in the action, is out OF the city con-
Quoting hearings on the West Coast
and Commissioner Norman S. Case
is ill.
Although it will not be decided
until the Senate committee on the
Lundeen resolution is appointed
whether it will hear testimony, there
was a belief last night that the
committee might hold hearings be-
fore reporting the resolution to the
full committee. It may develop
into an investigation OF the-commis-
sion, because of the orders of its
alleged affect on business. The
resolution for the inquiry pointed
out that the order of the commission
had resulted "in confusion in the
minds of the public and caused
abandonment of manufacturing ad-
vertising and sales programs which
had, in effect, been authorized by
the commissions earlier ruling"
Wants No Controversy.
Commissioner Craven said in his
letter to Senator Lundeen he pre-
ferred not to engage in a public
controversy with his colleagues, and
did not want to add fuel to fires
already burning"
After outlining the various steps
in the controversy, Commissioner
Craven wrote:
1T appears to me that these
actions of the majority are incon-
sistent and confusing not only to
the public, but also to a new in
u-hta