Evening star., 1941-05-07


mission last Fri
day issued an
order which will David Lawrence.
virtually demoralize if not destroy
the business of network broadcast
ing and program distribution in
America. The commission was
never given such authority in the
law itself and yet more than 400
radio stations today face a penalty
the loss of their licenses-if they
do not comply with the commits
sion's order to break up their
existing program service.
Here is what the Supreme Court
said in part:
"The Communications Act does
not essay to regulate the business
of the licensee. The commission is
given no supervisory control of the
programs, of business management
or Of policy. In short, the broad
casting field is open to any one,
provided there is an available fire.
quency (wave lengtM over which
he can broadcast without inter-
ference to others, if he shows his
competency, the adequacy of his
equipment, and financial ability to
make good use of the assigned
channel -
PLAINLY it is not the purpose
OF the act to protect a licensee
against competition, but to pro-
tect the public. Congress intended
to leave competition in the busi-
ness of broadcaSting where it found
1t, to permit a licensee who was not
interfering electrically with other
broadcasters to survive or succumb
according to his ability to make his
programs attractive to the public"
Halts National Service.
And yet five out of the seven men,
bers of the commission in their
latest decree tell the stations that
they will lose their licenses unless
they change their present relation
ships with the network companies.
National service, as the public has
enjoyed it, must now be super
seded by a purely local hit-or miss
scheme and no network can make
an arrangement to sell its time for
specified hours to group of sta
tions, even though the local station
wants to do it that way and the
public wants that kind of service,
The commission has repeatedly IL
censed radio stations under the pres
ent system and a network series Of
programs has been built up which
renders the American people satis-
factory service, but the commission,
suddenly out of a clear sky, upsets
the, whole arrangement of II years
and threatens not to renew licenses
unless its edict is complied with.
Entirely apart from such mis-
chievous use of governmental power
to break down the stability of a
business operation by means of the
licensing authority-arrogatin to
itself powers not granted or dele
gated by Congress-is the fact that
the commission really endeavors to
say what should or should not be
broadcast over the air. 1t even
hints in it's latest report that 1t
will control the talent participant
ing In the programs.
Opens Way to Censorship.
II the licensing privilege in gov
ernment extends to any such abuse,
then the Government may set up
censorship any time, not merely OF
the radio but of the newspapers.
The second-class mail privilege is
form of license. The courts have
ruled that it must not be used to
decide what shall be printed, but 1t
will be easy, once the Communlca-
tions Commission has established
precedent, for Government depart
ment to say how the newspaper
business shall be conducted. In fact,
the first step has been taken already
bv the Federal Communications
Commission in threatening to re-
fuse to permit newspapers to own
broadcasting stations. There is no
authority in law which allows the
F. c. c. to discriminate as between
citizens or companies in the grant
Ing of licenses, but once usurpatlon
goes unchecked the liberties of the
people are gradually Whitfield away
in other directions, too
These words of Commissioners
Case and Craven, who voted against
the latest decree, are clear warn
ing against the Fascism that's in the
making in Washington:
"On the whole, radio broadcastlng
has an excellent record of public
service. - Radio is so constituted
that it is sensitive to public criticism
and responds promptly to changing
public tastes. For this commission
or any agency of government to at
tempt to substitute its Judgment for
that of the public involves an arro-
CANT presumption which should be
avoided at all costs.
at can be argued with logic that
invasion of this economic field by
the licensing authority in the
absence of clear legal mandate
would constitute an inevitable prel-
ude to the second step of assuming
the role of arbiter of public tastes.
circumstances may require the
Federal Government to exercise