Evening star., 1946-04-14


munications Commission is being thor
oughly explored this weekend at Co
lumbia University. At the invitation
of DR.. Paul Lazersfeld, director of the
universitys Bureau of Radio Research,
a group of representatives of the Gov~
ernment, the radio industry, educators
and radio editors, is holding a SYM
postum on recent report by the FEC
indicating that stricter control over
programs is planned by the commission.
The FCC's report, issued March 7, was
highly critical of the course being pur-
sued by many radio stations and con-
tanned statement Of policy on renewals
of licenses which indicated that the
commission plans to give serious thought
to the type of service rendered to the
public by the applicant.
1t is the latter phase of the report
which brought an immediate protest
from the radio industry which is sum-
married. in statement by Judge Justin
Miller, president of the National Asso-
citation of Broadcasters.
Judge Miller, formerly of the United
States Court of Appeals, declared: "The
report reflects philosophy of Govern
ment control which raises grave ques-
tions of conStitutionality. 1t overlooks
completely freedom of speech in radio
broadcasting which was primary con-
sideration in the mind of Congress when
it passed the Communications Act. The
radio industry has challenged and will
continue to challenge the FEC to join in
obtaining once and for all legal deci-
sion on the question of the constitution
ality of the commissions claim of juris-
diction over any programs broadcast by
any station"
Definitely Limited Field.
Unlike other media of public informa-
tion-the press, magazines and other
branches of the publishing industry and
the unrestricted right of free speech and
free asSembly-the radio broadcasting
industry operates within a definitely
limited field in which the availability of
wave lengths determines the number of
broadcasting stations which can operate.
This was so obvious from the outset
that Congress enacted legislation pro-
viding Federal control.
The policy of FEC in issuing licenses
to broadcast has been summarized by
former Chairman Paul A. Porter in these
words:
IAN applicant seeks construction
permit for a new station and in his
application makes the usual representa-
tions as to the type of service he pro-
poses. These representations include
specific pledges that time will be made
available for civic, educational, agricul-
tural and other public-service programs
The station is constructed and begins
operations. Subsequently the licensee
asks for three-year renewal and the
record clearly shows that he has not
fulfilled the promises made to the COM
mission when he received the original
grant. The commission in the past, has,
for a variety of reasons, including
limitation of staff, automatically re-
newed these licenses even in cases where
there is vast difference between
promise and performance.
present time, however. a procedure
whereby promises will be compared with
performance"
Will Survey Programs.
This procedure involves a careful
survey Of the licensees programs,
determination of the amount of spon-
sored time and the amount of time
devoted to sustaining programs and
public service. If the study indicates
that the licensee has lived substantially
up to his promises, the application will
be renewed without delay. If, however,
the station has not apportioned its
time as it proposed to do in the original
application, then hearing will be held
to determine whether the station will
lose its license or be given another
opportunity.
1t is this assumed jurisdiction over
the programs of the various stations
which has brought the determined oppo-
sition of the radio industry which sees
the threat Of censorship and the con-
centration of too much power in seven
man commission holding the power of
life or death over an industry in which
the investment runs into tremendous
figures.
The commissions view is that the linn
tied number of permissible stations
places responsibility toward the public
on the part of the licensee which sets
the radio industry apart from others. It
is contended that as the power to deter
mine who shall have the right to operate
station rests with the commission, so
also, does the policing of programs in
the public interest rest in that body.
Were it not so, the available wave
lengths could, in the wrong hands, be-
come completely devoted to commercial
ism and the public thus be deprived of
the service which it has right to
expect.
indicative of the difficulty in arriving
e. an understanding is the question of
orchestral programs. The commission, in
Its report, complains about the lack of
sustaining programs. The radio indus
try counters with the query as to why
an orchestra paid for by the station or
network will play any better than the
same orchestra playing at the expense
of an advertiser, to which comes the
answer that the nature of commercial
which might interrupt Beethoven SYM
phony, for example, could conceivably
be in very bad taste and detract from
the effect of the orchestra.
The commission feels that news
commentator, under salary to station,
would be less susceptible to influence
than If he were receiving his income
from q SponSor who MIGHT find the