Evening star., 1940-04-05

Ing stdtlOIlS anu #:::
companies, de- ~ ~
manded a COM M
bined national R''Aa|'s
network to ex- David Lawrence.
press his views. Promptly the broad
casting stations Cancelled programs
and sacrificed thousands of dollars
In revenue. This was because they
were afraid to tell the chairman of
the Federal Communications Com
mission that he really was not as
important as the President, and
should not demand time whenever
he pleased or a combined network
such as even Senators and Repre-
sentatives do not rate nowadays.
The news value of what the chair
man had to say can be measured by
what the newspapers did with his
address. In most instances it was
given half column or less. Discus
sion by any governmental commits
sion of a technical subject is not
necessarily news of such immediate
Importance that the entertainment
programs listened to by millions of
citizens must be interrupted so
bureaucrat in washington can have
his say
Defends Marketing Ban.
AS for the speech, it was a defense
OF the arbitrary action of the COM
mission in ordering one of the leat.,-
ing television companies to stop
marketing its wares. There is no
warrant in law for Government con-
troll of the sale of television appa-
ratus. but the chairman of the COM
mission says he has the power to do
so, and that presumably ends 1t.
Many a commission hereabouts
needs only word or a phrase in an
existing law to bolster up a claim
for regulating an entire industry.
For months the New Dealers here
have been boasting how interested
they are in free competition and
how eager they are to destroy
monopoly. Yet the chairman of the
F. C. G. goes on the air to advise
the American people that he and
his colleagues do not want to see any
American company take the lead,
but prefer to let all the competitors
catch up before anybody is allowed
to do any selling of television sets.
In other words, the German theory
OF a cartel whereby the government
keeps down all competition or equal
lies it Is really the standard which
the commission now has set for
Americas infant industry-tele-
vision.
The address of the chairman.
which doubtless reflects the views
OF a majority of the commission,
makes it quite clear that the COM
mission intends to grab control of
the receivers as well as the trans
mitters in television and thus exer-
else a power never before exercised
over American industry outside of
the public utility business.
Authority Denied by Court.
AS matter of fact, the Supreme
Court does not find anywhere in the
communications law any authority
whereby the commission can regu-
late the broadcasting business, but
apparently the commission has de-
cided to ignore what the Supreme
Court says.
The chairman has a number of
contradictions in his speech. He
disclaims an intention to regulate
sales, but then admits it is the COM
missions duty to prevent premature
selling. 1t Is to the commission S
Judgment of when the time is ripe
to do a selling job that industry
must bow. Here are some excerpts
from the address:
Let me make it clear that we
neither have nor desire any regu-
latory power over the sale of re-
celVers or over advertising. But
any action we take under our duty
to license experimental operations
and to encourage advances in radio
must, OF course, be taken in the
light of actualities.
Congress has placed upon the
commission the duty to issue IL
censes for experimental operations,
the duty to foster research and de-
velopment and, ultimately, to rec
ognize those. high standards-once
they have been achieved by the in
dustry's engineers"
Obstructive Judgment.
The word ultimately" is under
lined and so also are the words
"industry's engineers" In other
words, when one leading company
is ready to risk its own prestige ano
good will on the advice of its own
engineers, and when the one member
of the commission who knows any.
thing about the technical side oI
television votes to let the pioneer
60 ahead and sell sets, the chair.
man and his associates arbitrarily
interpose their obstructive judgment
and take refuge in the vague
phrases of law which they make
mean whatever they please. Theil
excuse is an alleged fear that on.
company might get ahead of tn,
others and the public-mostly ricf
people-may buy sets that grow
obsolete.
The need for a congressional in.
vestigation of commissions anc
boards usurping power never in
tended to be granted by Congress
is growing daily as the utterances
and activities of the members O.
these commissions which hav.
grabbed the lawmaking power
plainly show. And when one o.
these commissions abuses its publ.
position to force licensees to Civ,
it time on the air, precedent ha,
been established in arbitrarines.
which other commissions and public
officials with power and infiuenc,