Evening star., 1947-11-13
Gradual Invasions
OF Free Press, Speech
Often Overlooked
Issuance of Radio License
To Church Instead of
Newspaper Held Example
Bv David Laurence

Br David Laurence
The road toward the totalitarian
exercise of governmental power so
as to control the thought OF a
nation seems to Americans to merit
condemnation when it appears
abroad, but within the United States
the gradual encroachments On free
press and free speech are often
overlooked.
Thus, no Nationwide protest
seems to have developed over the
decision of the Federal Communica-
tions Commission to issue radio
license to a certain church instead
Of to a newspaper. The decision
creates an extraordinary precedent.
For If the FEC can pick as between
4 church and a newspaper one day,
it will be confronted another day
with decision between two
churches. The spectacle of Gov
ernment agency trying to decide
whether a Catholic or Protestant
or a Jewish application should be
granted for a given wave length or
channel would not be conducive to
better interchurch relations or to a
settlement of the age-old contro-
gersy about separation of the
church and state.
Reasons Awaken Concern.
The issue has developed in con-
nection with the decision of the
FEC to award channel for a
freouency-modulation station to a
radio unit of a national Methodist
church organization. Undoubtedly
the church unit in question will
make good use of the facilities and
has as much right to the license as
the New York Daily News, which
had also applied for the channel
and was turned down.
But the reasons given are such as
to awaken much concern. The
commission says openly it prefers
nonneWspaper to newspaper appli-
cants. This means, in effect. that
newspapers, whose business and ex-
perience have been along the lines
Of disseminating news, are being
Disseminated against by a govern
mental agency on purely arbitrary
basis
There is nothing in the law gov
erning the award of channels or
frequencies to support such a
capricious choice. Back of it, of
course. is the left-wing crusade
against newspaper ownership OF
radio stations. This theological
controversy is part of the effort to
get the Government into the posi-
ton of complete mastery over radio
transmission, even as to the con-
tent of radio programs.
The law does state that the COM
mission shall allocate frequencies or
channels on the basis of "the public
interest, convenience or necessity
This, it has always been assumed
was not power to control thought
OF to allow political considerations
to influence the choice as between
applicants, though charges to this
effect have frequently been made.
Why Not Competitive Bids?
If, as is contended, the Govern
ment owns the air, then the facilities
might we'll be allocated by competi-
tive bids as is the case with any
other piece of Government property
either by rental leases or by sale.
Some consideration has been given
to the competitive bidding idea in
the sale of stations to which appli-
cations already have been granted.
The so-called "AVCO" rule of the
Federal Communications Commis-
sion permits two applicants to make
Identical minimum bids for the pur-
chase of a station and the decision
then is made as between applicants
on other points.
The courts have indicated that
owners of radio stations do not have
a vested interest in their licenses
and that these may be renewed or
rejected in favor of other applicants
when they come up for renewal
The theory that the Government
owns the facilities has been i'm
bedded in the commissions rulings
almost from the very beginning.
Now, without requiring the appli-
cant to pay for the use Of a Gov
ernment channel the commission
is in a position to hand over a
valuable franchise to private citi-
zen. In view of the prejudices
against proflt-making which the
cleft wing" school of thought is
engendering constantly in Govern
ment circles as a part of the move
ment toward socialism, the chances
are that the FEC will be under pres
sure to give out channels or fire.
quencies wherever politics or class
theology may lead the commits
sionerS.
Congress might well clear up the
situation by specifying legislative
standards that will either arrange
for the sale or lease of the facilit:e!
Or will indicate the tests that mus
be met in order that the public
may be best served by the ALLEGATION
of licenses.
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