Evening star. [volume] (Washington, D.C.) 1854-1972, 1941-06-13
Wheeler Questions
Wisdom Of Delaying
New F. &C. Rules
Senator Agrees, However,
Radio Act Probably
OUGHT to Be Clarified
By J. A. O'LEARY.

Chairman Wheeler of the Senate |
Interstate Commerce Committee |.
agreed today that the Federal Com
munications Act needs clarifying,
but questioned the wisdom of hold
ing up the new F. C. C. chain broad
casting rules pending passage of
a new law.
He made the statement after
Senators Clark. Democrat, of Idaho,
and White, Republican, Of Maine,
had made the suggestion that the
rules might be held in allegiance
while the Senate Committee gives
attention to revision of the law.
Comdr. T. A. M. Craven, one of
the minority in the 5-to-2 decision
of the commission on the new rules,
had just urged revision of the law,
charging that the commission
"usurped" power in the new regula-
tons.
Comdr. Craven also charged there
was mo real discussion" of the text
of the new rules before they were
adopted, and said he would wager
1.-THE majority do not know the real
meaning" of some of the rules.
Says Text Withheld.
Although the investigation of
chain broadcasting was initiated
three years ago, Mr.. Craven said
commission members did not receive
the actual rules until Is hours be-
fore the final meeting at which they
were adopted"
Mr.. Craven, who with Commits
sioner Norman S. Case voted against
the rules, said he was surprised at
some of the interpretations given to
the rules here, because they are ap-
parently a relaxation of the orig
3nal intent"
The minority member said he
knew of one majority member who
regards one of the rules as i'm
practicable. Pressed by the COM
mittee, Mr.. Craven said he had ref
erence to the ban on time options by
chains.
In agreeing that the law prob
ably ought to be clarified" Senator
Wheeler said the difficulty about
holding up the rules in the mean
time is that it may take one, two or
three sessions of Congress to get
legislation through.
Commission Blamed.
Contending the commission has
the licensing power as curb on
concentration OF control, Mr.. Craven
declared:
IF monopoly exists today its be-
cause the commission licensed the
stations
II thoroughly agree" Chairman
Wheeler interrupted, that if
monopoly exists the commission is
to blame. I hold no brief for a
lot of things the commission has
done"
When Mr. Craven urged Congress
to rewrite the radio law both to
clarity the commissions power and
the industrys responsibilities, Sen
ator Wheeler said:
The trouble with that is no mat
ter how Congress writes the law,
lawyers will continue to disagree,
and the decision will rest finally
with the courts"
Adopted Rules May 2.
The commission on May adopted
rules to end exclusive contracts be-
tween chains and their affliates, to
prohibit a chain from having two
outlets in the same area and to re-
quire N. B. G. to get rid of one of
Its two chains.
In some instances" said Mr.
Craven, EXCLUSIVELY may be in
the public interest. In other cases
1t may not be-"
Alfred J. McCosker, chairman of
the board of Mutual Broadcasting
System, told the committee yester-
day the new F. G. c. regulations
would make possible free COMPETE
ton in network operation for the
first time"
Mr.. McCosker said competition is
at stake" and that If the regula-
tons were not made effective 1T is
not reasonable to expect that any
other group will attempt to project
or operate" national chain.
Doubts Aid to Mutual.
Stating his position toward the
arguments of the Mutual Broadcast
ing System, which, he said, appears
to be the only major chain favoring
the new rules, Mr.. Craven said IT
do not believe the new rules will
help Mutual. except temporarily"
They may be beneficial to the
owners, but cannot see how they
will help smaller affiliates of
Mutual" Mr.. Craven added.
Mr.. Craven asserted the smallest
stations on all the Nationwide net
works will suffer. Because of eco
nomic laws, he said, the new rules
will cause the good programs to
gravitate to the larger stations in
each community.