Evening star., 1941-07-23
Attorneys Challenge
F. T.. T.. Jurisdiction in
News-Radio Inquiry
Chairman Fly Insists
Boord May Study
Station Ownership

At the outset of hearings today |
before the Federal communications
Commission on its inquiry into |
newspaper ownership of radio sta
tions, the commission denied a |
motion by the American Newspaper |
Publishers Association to stop the |
proceedings on the ground that it
lacked jurisdiction.
Announcing the ruling, Chairman |
James Lawrence Fly said the COM
mission was not even considering
any action at this time, but had
embarked on a study of the whole |
question of the joint ownership of
newspaper and radio stations and
later would decide whether any
policy was necessary and whether
1t had authority to act.
Hanson and Fly Clash.
A brief, sharp clash between the
chairman and Elisha Hanson,
A. N. P. A. general counsel, followed
the decision. Mr.. Hanson wanted
at that time to interpose his legal
challenge to the right of the COM
mission to conduct such an inquiry
at all, and Mr.. Fly refused to al
low the attorney to argue the point.
telling him he would have ample
opportunity later.
Mr.. Hanson then declared that
A. N. p. A. witnesses subpoenaed by
the commission would refuse to
appear.
Their failure to answer the sub
poenaes will be taken up in due
course" the chairman replied.
Mr.. Hanson insisted on being al
lowed to make his legal objections to
the proceedings at this time, but
Chairman Fly said: Please don't
interrupt us further. We are going
to proceed with the hearing. You
may file your objections at any time"
Then I'll file them right now"
Mr.. Hanson retorted, handing
document to the commission sec
retary.
Thacher Joins Protest.
A further effort to halt the hear
hiho was hldOC ny OuuSC u. II.
Thacher, attorney for the News
paper-Radio Committee, group
formed to meet the commissions
implied challenge to newspaper
ownership of radio stations.
Mr.. Thacher said he was leaving
aside the question of the commits
sions jurisdiction. since Mr. Hanson
had raised that but he wanted to
assert that unless the law is changed.
you cannot make such a distinc-
ton in granting radio licenses.
Inquiry Called Indefinite.
The attorney asked permission to
make a brief argument in support of
his contention that the commission
had no right to conduct such
vague and indefinite inquiry The
commission, he pointed out, has I'M
dertaken to determine whether it has
power to adopt some policy in re-
gard to newspaper ownership of
broadcasting facilities; whether. If
it has, such policy is desirable or
not, or whether additional legislation
is necsary to achieve such an OBJ
jective. ..-
Chairman Fly likewise denied this
request. pointing out that the ques-
tons raised by Mr.. Thacher were
not at issue at this time.
AS he opened the hearings, Chair
man Fly explained their scope and
purpose. He said the question of
whether some general policy should
be adopted in regard to ownership
Of radio stations by newspapers re-
peatedly had been raised by mem
bers of Congress and by members
of the commission during recent
years and general inquiry had
been considered desirable
Seeks Information Only.
Mr.. Fly said the purpose of the
present hearings was not to take
any action, but to inform the COM
mission.
They may lead us to conclude"
Mr.. Fly added, that no policies
whatever are necessary. We may
decide that legislation is necessary.
The commission believes that any
discussion of its jurisdiction is pre-
mature at this time. Interested
parties will be afforded ample op-
portunity to raise this question If
and when the commission adopts
any rules. Meanwhile, the commits
sion is determined to be informed
on this question, and that is the
only purpose of the present hearings.
Our jurisdiction to make such
study Is clear. For just such pur-
poses Congress has empowered us to
make such studies.
They are wholly in accord with
our traditions and form of govern
ment. This is not an inquiry into
particular licensees, but a general
study of the relationship of news
papers to radio"
Public Interest Involved.
In a formal order denying Mr..
Hanson's motion, the commission
stated that with the recent advent
of frequency modulation IF. M
broadcasting, this question has
taken on an increased Importance"
1t was added that out of 116 appli-
cations for F. M. licenses, As were
filed by newspaper interests, con-
fronting the commission with the
necessity of determining whether or