Evening star., 1946-04-14
Radio Program Control
Presents Delicate Issue
Experts Discussing Problem of Dividing Line
Between Protection of Public Interest and
Unwarranted Censorship of Stations
By Bill CoyIe


the problem under consideration, but
they emphasize the difficulty of arriving
| at a determination of the borderline be-
tween the public's unquestioned rights
IN the output of the radio station and
the rights of station to be a going
| concern with reasonable returns on the
| investment.
The listening public is urged by the
commission to assist in improving the
| quality of program service by organizing
| radio listener councils to exert a con-
centrated reaction of approval or dis
approval to programs offered, engage in
research concerning public tastes and
attitudes, check failure of local stations
to carry outstanding sustaining network
features and publicize the more ac-
ceptable broadcasts.
Industry's Opposition Explained.
Judge Justin Miller explains the in
dustrys opposition as follows:
"The radio industry has no quarrel
with the commission on the basis of its
criticism of radio programs. We have
always felt that constructive criticism is
an open mind for suggestions that will
improve their service to the great listen
ing public.
eff the FEC had intended the report
to be public spanking of radio we would
have taken issue with it on that basis
alone.
"But the report doesn't stop there. 1t
raises again the real issue that for years
has been such a sorely contested point,
namely, the jurisdiction of the commits
sion over radio programs This the re-
port attempts to claim.
"The broadcasters believe that there
is greater legal support to prove it was
not the intention of Congress to permit
the commission to move. in on radio
station programming, to dictate how
much time should pe devoted to this
type of program or some other kind.
Furthermore, the industry believes
that commercial programs can be pub
lie service programs which the commits
sion refuses to admit.
Censorship Barred BY Act.
Granting that program improvement
Is necessary, it is not the primary issue
at stake here. The radio industry has
challenged and will continue to chal-
lenge the FEC to join in obtaining once
and for all a legal decision on the
question of the constitutionality of the
commissions claim of jurisdiction over
any programs broadcast by any station.
The FCC's claim cannot be reconciled
with the Communication Act where, in
section 326, Congress clearly stated that
nothing in this act shall be understood
or construed to give the commission
power of censorship over the radio COM
munications or signals transmitted by
any station, and no regulation or con-
dition shall be promulgated or fixed
by the commission which shall inter-
fere with the right of free speech by
means of radio communication.
'It is this principle" says Judge
Miller, that the radio industry has
right to uphold. That right is con-
stitutional right"
Judge Miller felt that the process
of administrative Interpretation to
which the Communications Act is be-
ing subjected by the FEC is taking the
commission far beyond its powers. He
fears that the commission is making
its own law by writing policies, deci-
sions, rules and regulations that are
going unchallenged through the years.
The courts are inclined to conclude that
those most effected by a legislative act
have long period or process of inter-
probation of the act to show opposition.
BY vigorously opposing the FEC report
from the legal standpoint, the radio in
dustry is fighting another in the series
of interpretations which are leading to-
ward too much Government control of
radio.
Dispute of Long Standing.
A. D. Willard, jr., executive vice pres
ident of NAB, says:
1T is not necessary to challenge the
good faith of the members of the FEC
with respect to this issue. However,
the power the commission claims is too
much to be trusted to seven men who
are in a position to dictate the program
policies of American radio, or to tell
GIle AIIleIlCdIl people WIldt ticy ouSHt
to hear over the air."
For years there has been wide gap
between the commission and the radio
industry breach that is due to a
certain measure of distrust between
them. The disagreement has nearly
always centered about the issue at stake
now FEC jurisdiction over radio
programs.
The symposium at Columbia Univer-
sity this weekend brings both sides to-
gether to discuss the report in each
others presence for the first time. The
sponsors hope that the meeting will do
much to emphasize the common aim
that must underlie the mission of each
the best possible broadcasting service
in the world for the American people.
The City Carries On
LONDON R.-The London Stock Ex-
change, surrounded as are others by
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