Evening star., 1941-06-03
FLY Promises Probe
OF Peace Talk Ban
By Radio Stations
Tobey Demands Facts
Be Brought Before
Senute Committee
BY J. A. OLEARY.

brought promise today from Chair
man James L. Fly of the Fedora
Communications Commission to in.
vestigate the claim.
Senate Interstate Commerce Com
mittee hearings on the commission.
new chain broadcasting restrictions
turned momentarily to the war situ-
alton when Senator Tobey, Repub.
lican, of New Hampshire said 9
leading official of one of the big
chains told him of such refusals.
Chairman Wheeler said there
isn't any question but that that has
happened on some local stations"
Senators Tobey and Wheeler both
exonerated the Nationwide chains
of having done so. Both said thai
during the lease-lend debate in Con-
gress the chains had been fair in
giving time to both sides.
Called Fundamental Policy.
Deploring what he called commits
sion made law" Senator White
Republican. of Maine told the COM
mittee earlier that the F. c. c.
should have submitted its new re-
strictions to Congress for approval,
because they lay down fundamental
policy.
The Senator is author of resolu-
ton for a Senate investigation Of
the rules before they go into effect,
curbing the rights of Nationwide
networks in making contracts with
local stations.
Chairman Fly denied the commits
sion has sought to lay down basic
policy in seeking to curb monopoly
in radio. Congress, he said, has
throughout its history laid down
the fundamental principle of curb
ing monopolies, and renewed that
policy in the Communications Act.
Cross examining Mr.. Fly on the
rule to abolish exclusive contracts
between a network and local sta
ton, Senator White brought out
that the existence of such contracts
by N. B. C. and Columbia did not
prevent a third network Mutual
from getting started and developing
to the point where it now has more
stations than one of the older
chains.
Room for Six Chains.
The figures placed in testimony
were that N. B. c. has 214 affiliated
stations, Columbia 122 and Mu-
tual 16O.
Chairman Fly contended that ex-
perience showed new network grew
up in spite of the exclusive con-
tracts. The chairman also con-
tended that the total number of
affiliates for each chain is only one
factor. He argued the number of
stations dealing exclusively with
each chain are: N. B. c., 119; Colum-
bia. SO, and Mutual, IS.
When Mr.. Fly also argued that the
power and location of stations in the
N. B. c. and Columbia chains also
should be considered, Senator White
reminded him that power ALLEGATIONS
have been fixed by and could be
changed by the commission without
the new contract restrictions.
Developing the point that the
commission is trying to open up the
field for more chains by its new
rules, Senator White asked Mr.. Fly
If he had any thought on how many
chains could exist short of the satu-
ration point.
The chairman said he thought six
national chains would "be healthy"
with some regional chains in certain
areas.
Senator Clark, Democrat of Idaho
said he was concerned about the
shortness of the 90-day time limit
for the enforcement of the new
rules.
Chairman Fly agreed, and said
the thought was that extensions
would be granted on request.
Going back to question yester-
day by Senator Tobey, whether an
application by Jesse Jones, Secretary
of Commerce, had gone through in
48 hours, as compared with a usual
period of several months, Chairman
Fly testified that application for
change in the power of that station
in Houston, Tex, was filed October
4. 1910. and not acted on until April
IS. 1941.
Senator Tobey said he may have
been misinformed about the 48-
hour action.
Recalling that Chairman Fly had
denied yesterday that politics ever
affect commission decisions, Senator
Tobey said he believed testimony
last year on the nomination of the
late Thad Brown for reappointment
had indicated some evidence of
pressure on the commission from
high places.
Il did not mean to say there have
not been efforts to influence the
commission, Chairman Fly replied;
I'VE are submitted to unmerciful
pressure"
Right now, he added, the commits
sion is subject to pressure from a
scandal l-mongering' part of the
radio industry.
Senator Tobey said he did not
have reference to industry pressure,
but political.
In asking Mr.. Fly to call on all
Individual stations for a report on
the alleged refusal to accept anti
war talks. Senator Tobey said:
Asks Survey of Facts.
"It is understood that sub
stantial majority of the people of
America are opposed to our en-
trance into the war and yet, I have
been advised by a representative
of one of the large chain broad
casting companies that many Of the
individual stations refrain from
carrying the messages of members
of the House and Senate who ad-
vocate that this country remain out
of the war. How true this Is. I do
not know, but believe that the
matter is so important to the
American people that the F. c. c.
should look into the facts and make
the facts available to this commit
tee at the earliest possible date.
"I, therefore, ask you, Mr.. Fly, if
you will send a letter to each radio
station licensed by the commission,
asking the station to submit to you