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3/9/34
tion of the use of frequencies in centers of population and a restriction of facilities in sparsely populated states, even though interference would permit the operation of one or more additional stations. Because of the size of the zones this distribution results in providing ample broadcasting service in small zones and lack of service in large zones. Experience has proved that the section as proposed is very difficult of admin¬ istration and cannot result in ’an equality of radio broadcasting service. 1 In the provision suggested, service is made an import¬ ant criterion, making it possible to carry out the statutory provisions of public interest, convenience and necessity without artificial restrictions."
The only other witness at the Friday session was Frank McManamy, Chairman of the Legislative Committee of the Interstate Commerce Commission who testified that the Commission approved the consolidation of communications as proposed in the Senate bill.
Mr. McManamy did not comment upon the radio provisions.
The hearing was continued until next Tuesday morning (March 13) at which time Messrs. Gifford, of the American Tele¬ phone Company, Sosthenes Behn, of the International Tel. & Tel-., and White of the Western Union will be heard.
Because the hearings of the Senate bill will continue until that time, Representative Rayburn has cancelled the hearings on the House Communications Commission bill scheduled for Tuesday and they will be held at a later date.
Mr. Bellows objected to the provision in the Dill bill that no broadcasting channel shall be cleared for more than 2200 miles on the ground that it was technical question and one for the engineers rather than for Congress to pass upon.
"If Congress is going to change its entire policy with regard to radio by legislating on purely technical matters, why set up a Commission at all?" he asked.
Mr. Bellows protested against the provision of the Dill bill which would cut down the licensing period also revocation without hearing. The Legislative Chairman concluded with a strong argument against the elimination of the provisions for appeal to the courts from orders of the Commission.
"The new Commission is certain to have plenty of troubles without having to work out a new and untried course of legal pro¬ cedure for dealing with radio problems", Mr. Bellows said. "We cannot believe that the President, in asking that such a Commis¬ sion be set up, wanted it to come into being with such absolute authority as to deny in many cases the right of appeal to the courts. Such authority could be only a source of additional and wholly needless grief for the Commission Itself. As for the broadcasting industry, this change in the law would apparently deny a right which is implicit in our whole system of government the right to test administrative rulings in the courts. "
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