Radio broadcast .. (1922-30)

class to increase in power. On the other hand, it did, by its General Order 40 and its allocation of November 11, 1928 ; in- troduce a substantial measure of improve- ment in the broadcast band. Whether a single executive officer would have done any better in the face of similar difficulties is at best doubtful. It is obvious that it is precisely in those matters in which Congress and its individual members have been most vocal that the Commission has I liinl H. Brown, general coun- sel of the Federal Radio Com- mission. fallen somewhat short of following the mandates of radio physics. The Good Points By way of contrast the Commission has accomplished a creditable, efficient, and reasonably speedy performance of its du- ties in various fields of radio communica- tion other than broadcasting. The inherent difficulties of these fields, particularly in the high frequencies, have certainly been no less than in the broadcast band but, with minor exceptions, pressure from Con- gress and its individual members has been absent. Opinions may differ as to the cor- rectness of certain of the Commission's de- cisions on particular applications but there is virtually no criticism of the soundness of the engineering structure and standards which it has set up or as to the allocation of frequencies as between the various ser- vices. When it is considered that virtually every available frequency between 1500 kc. and 23,000 kc. has been assigned, that the applications for these frequencies were many times greater than the available facilities, and that many complicated and lengthy hearings have been held, it must be conceded that the job has been well done. For this, of course, no small share of the credit must go to the engineering ad- vice which the Commission had from ex- perts loaned to it by the United States Navy. In general, the Commission has followed the recommendations of engi- neers in all fields other than broadcasting, and has not had to contend with advice from Congress as to what is or is not sound engineering. International Agreements The Commission has also played its part well in maintaining the interests of the United States in international conferences. The United States delegation to the first meeting of the International Technical Consulting Committee at The Hague in the fall of 1929 was ably headed by a member of the Commission and the results of the meeting were a matter for congratulation to the delegation. There was some com- plaint that the agreement entered into with Canada on March 1, 1929, covering the high frequencies from 1500 to 6000 kc., was unduly generous to Canada but one of the strongest proponents of this point of view was one of the two members of the Commission who formed part of the delega- tion which negotiated the agreement. There has been no criticism of the engi- neering aspects of the agreement. The defects in the law and in the Com- mission's administration of the law which have contributed most signally to the lack of stability seem now in a fair way to being remedied. It is true that the terms of the present members of the Commission expired on February 23, 1930, and that each of the appointments to be made by President Hoover (whether of the present incum- l>ents or of new members) will probably be subjected to close scrutiny in the Sen- ate, with the possibility of either delay or refusal of confirmation. On the other hand, the amendment enacted by Congress in December, 1929, which extended the pres- ent powers of the Commission indefinitely "until otherwise provided by law," for the first time gives a measure of assurance of a substantial term of office, a stability of organization, and a continuity of policy. Unlike the two previous amendments, the most recent one does not shorten the terms of office to one year, and the new appoint- ments may henceforth be made on a six- year basis. Engineers and lawyers may be employed witho_ut fear that at the end of a year their positions will cease to exist by reason of a reversion of radio regulation to the Department of Commerce. In March, 1929, generous provision was made for employment of competent attor- neys to handle the Commission's legal Louis G. Caldwell, the author of this article and formerly gen- eral counsel of the Federal Ra- dio Commission. Mr. Caldwell is also Chairman of the Com- mittee on Communications (formerly the Committee on Radio Law) of the American Bar Association and Chairman of the Executive Council of the American Section of the Inter- national Committee on Wire- less Telegraphy. problems; by the recent amendment sim- ilar provision was made for engineers. It is unlikely that there will be further difficul- ties on the score of appropriation. It is to be hoped, therefore, that within a few months we shall have a Commission which is freed from many of the handicaps of the past three years and in a position to act with full judicial independence on contro- verted issues, aided by the advice of com- petent lawyers and engineers employed Carl H. Butman, secretary of the Federal Radio Commission. on a permanent rather than a temporary basis. In the meantime, the Commission is gradually freeing itself from such un- desirable practices as the zone system of administration (under which system each member of the Commission gave little or no attention to matters concerning zones other than the one from which he was appointed). The industry can contribute a great deal to the achievement of a stable, efficient licensing authority. Its various branches (and particularly broadcasting stations) can and should refrain from bringing any pressure, political or otherwise, upon the Commission, particularly where univer- sally recognized engineering principles are at stake. They can and should refrain from misrepresenting scientific facts and prin- ciples either to Congress or to courts. The strongest support should be given the En- gineering Division of the Commission in its endeavor to bring about the observance of engineering principles; the same degree of support should be given to the Legal Division in its endeavor to prevent the injustice which inevitably results from failure to observe the fundamental require- ments of due process of law (which require notice and a fair hearing to all interested parties in every matter where interests other than those of the applicant are concerned). Conclusions There is ground for optimism, for, if the defects pointed out are remedied and if the industry cooperates as it should, the com- mission form of regulation will be success- ful. It must, however, have a fair trial. Those who, while placing every obstacle in the way of its success, point to the re- sults of their conduct as evidence that it cannot succeed, are not serving the best interests of either the radio industry or the public. 272 RADIO BROADCAST FOR MARCH