Broadcasting (Oct 1931-Dec 1932)

which now confront broadcasting can be traced directly to short-term licenses. As long as Congress deemed it advisable, in the very early youth of broadcasting, to grant licenses for but three months, the industry was willing to tolerate unsettled conditions. But under the present law three-year licenses are authorized. It is in the interest of better regulation, better service and better business that licenses _ be granted for the statutory period. By granting licenses for statutory period the Commission can aid materially in carrying out the ^provisions of the Radio Act of 1927 and at the same time make possible improvement of program service. It is within the power of the Commission to grant longer licenses, and broadcasters must insist upon this necessary aid to stability." Suggested Legislation : ASIDE from the proposed amendments already enumerated, the Commission again recommended revision of the zone system to exclude territorial possessions from the zones. Section 4 of the existing law, dealing with hearing procedure, courts and the summoning of witnesses, would be rewritten virtually in its entirety. A new sub-section would be added giving the Commission authority to require the painting or illumination of radio towers wherever they constitute a menace to air navigation. For the express purpose of striking at Dr. John R. Brinkley, deposed Kansas broadcaster now operating XER, at Villa Acuna, Mexico, the Commission recommended the writing of a new section which would make it unlawful to transmit by wire any program originating in the United States intended to be retransmitted by broadcast stations "in any foreign country" without first obtaining the Commission's permission. Brinkley has announced intentions of maintaining a halfdozen remote control studios in this country to be linked with his 75 kw. Mexican transmitter. The Commission asks authority to suspend licenses for a period not to exceed 30 days as an added clause to the revocation provisions of the law. In the case of suspension pending hearing, the Commission proposes that the licensee, upon demand, be entitled to an "immediate hearing" pending determination of the case. Broadcasters last year expressed vigorous opposition to this proposal on the ground that the public, rather than the station, would be penalized by loss of service for the purported sin of the station. Revision of the appeals provisions, whereby an appeal would be permissible from a construction permit or from any other decision or order of the Commission, is recommended. The new codified rules are incorporated in a thick document of some 160 pages, completely annotated and cross-indexed. The volume will be sent to all stations within a few days, and copies will be procurable at the Commission's offices. While the rules do not become effective until Feb. 1, the Commission is distributing them in advance to allow all licensees ade General Saltzman quate time within which to become familiar with their terms. Quota Rule Modified: GENERAL Order No. 102 is revamped to make it less stringent. In principle, the Commission retained the main provisions of that order but provided that where there will be no interference, regardless of quota, some slight deviation from the rigid mathematical formula in determining quota will be permitted. It added these two paragraphs : "When the application is from an underquota state, and is for facilities, which, if granted, would not cause additional interference with any station, or stations, now licensed, then the above paragraphs (A to E inclusive) may be disregarded. "Since the act provides for the equalizing of radio facilities among zones and among states 'as nearly as possible,' the Commission may allow a slight departure, plus or minus, from an exact mathematical estimate." Practices and procedure before the Commission make up the second part of the new rules and regulations, and a number of important changes are made. Any party to a proceeding before the Commission may appear henceforth in person or be represented by an attorney. The rule adds, however, that any person so appearing must conform to the standard of "ethical conduct required of practitioners before the courts of the United States," whether he be layman or attorney. Hearing Not Necessary : MOST important is the new provision that any application properly filed and conforming with the regulations may be granted by the Commission "without a hearing" if it appears conclusive that such action would be in the public interest and would not adversely affect the interest of any other party. Provision is made, however, that any such grant shall be conditional for 20 days and may be suspended and reconsidered. Parties aggrieved by such decisions may obtain a hearing upon application within 20 days, but the scope of the hearing will be confined to the Judge Robinson issue contained in the protest and not "as evidence of the facts." Protesting parties must file with the Commission in writing an objection directed to the action complained of, such protest being executed and sworn to by a person having knowledge of the facts therein stated. They also must file a statement of the protestant's interest in the matter, and a terse, yet complete statement of the facts which the prctestant expects to prove upon hearing. The provision was drafted forestall the filing of appeals grounds that no proper heari! was allowed by the Commisii< The Commission has been defeat' in the courts in a number of stances on this ground, and holds it is authorized to follow su procedure under the law. The Commission specifies tlwhen an applicant has an applk tion pending and undecided, other inconsistent or conflicting £ plication filed by or upon beh; of the same party will be accept for consideration. This means tfc applications will be confined to o issue at a time. Further provisi is made that applicants must coi to hearings fully prepared to pi sent evidence and that if evider is not offered defaults will be ( tered and the Commission will de the applications. New Evidence Rules: AFFIDAVITS are eliminated evidence on the ground that tb are not really probative of the sues, are not the proper type evidence and legally are of lit value. As a compensation, t! Commission liberalized conditio surrounding the use of depositic at hearings, which are held to better evidence. Oral arguments before the f Commission may be requested any party eligible to participate the original hearing before an ( aminer or less than a quorum {Continued on page 25) Little Attention Given Radi< In Opening Week of Congres White Omnibus, Dill Radio Division Transfi and Anti-Lottery Bills Are Introduced BY MARTIN CODEL CONGRESS convened on Dec. 7, but during its first week paid scant attention to radio. That is not to say, however, that radio legislation will be entirely ignored during the Seventy-second Congress, the sessions of which probably will continue until close to the presidential nominating conventions next summer. Even the first week brought several radio bills into the legislative hopper, with the practical certainty that many more are to be introduced. Both NBC and CBS made efforts to broadcast the opening sessions, especially the election of the Democratic Speaker of the House, but their requests for authority were rejected because of the fear of House leaders that the public might gain an impression that Congress was simply "putting on a show." Both networks flashed the report of the opening, CBS featuring the reading of President Hoover's message by Frederic William Wile and NBC carrying its regular William Hard talk. The President's message to Congress carried no mention of radio, which is being construed as a silent expression of satisfaction with the present situatfon. Not so silent, however, are the Congressmen and Senators, but they are not yet very effusive about radio. This was plainly due to uncertainties regai ing the organization of their : spective houses and committee ; signments. Davis New Chairman IN THE House, Rep. Ewin Dav Democrat, Tennessee, is now cha man of the Committee on Mari and Fisheries, which has charge radio legislation there. In the Ss ate, Senator James Couzens, If publican, Michigan, continues chairman of the Committee on l\\ terstate Commerce, charged vr. radio. Neither has definite pla for calling hearings on radio, Sen tor Couzens' office informing Bnot casting that there was little 13 lihood of radio hearings there account of more pressing econon problems facing Congress. Senat Couzens will shortly reintrodu his bill creating a Commission Communications to regulate vri communications as well as rac and to replace the Federal Rac Commission, but he sees little pc sibility of action on it this sessic Rep. Davis was the first to heard on the subject of radio Capitol Hill. To newspapermen criticized excessive radio advert ing and declared that the Ra( Commission has failed to take in essary steps to curb it. He in cated that hearings may be held (Continued on page 8 k) Page 6 BROADCASTING • December 15, 19i