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10/24/39
While the political angle does not appear on the records of the Federal body, nevertheless the question has been seriously raised in discussions by the Commission as to whether there is any crime involved in the Interstate transmission of this type of information and whether a Federal agency can right¬ fully collect this information, not primarily for the regulation of the Federal Communications Act, but for the aiding of a State in enforcement of its criminal laws.
Aside from the possibility of becoming involved in the political difficulties in Pennsylvania, it was pointed out that compliance with the request from officials of the Keystone State might be the precedent which would serve as a wedge for requests from other States which want similar investigations.
The Communications Commission is the only agency which could get this data from the American Telephone & Telegraph Co. , it was pointed out, as the State would have no authority to go outside the State and examine the records of the company.
When the matter was brought before the Commission the first time, doubt was raised as to the authority of the Commis¬ sion to collect this data for one State agency. The request was sent back to the Law Department for further study.
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COURT UPHOLDS FCC IN KWTN CASE
United States Court of Appea.ls for the District of Columbia, last week handed down a decision in the case of KWTN of Watertown, South Dakota, against the Federal Communications Commission, in which the Court upheld the Commission.
In this case the FCC charged that the station had operated in violation of the Commission’s rules governing the technical operation of broadcast stations and the Commission refused to renew the station's license.
The Court of Appeals in its decision in upholding the Commission's action stated that "the report, findings, and grounds of decision are amply substantiated by the evidence contained in a voluminous record. Appellant does not deny their correctness but does deny that they provide a proper basis for the Commis¬ sion's decision." The Court's decision says further that "appel¬ lant places considerable stress, also, upon the need for broad¬ casting services in the area served by Station KWTN, and upon the fact that 'No question was raised upon the record with respect to the efficiency of the station's present transmitting equipment and antenna system or the suitability of its site.' These are no doubt important considerations, to be weighed by the Commission in making its determination. But other considerations are import¬ ant also, including the willingness and ability of the licensee