Variety radio directory (1939)

FEDERAL RADIO REGULATION— Continued statutory provision now on the books may play a role inferior to that played by new personnel in the regulatory agency because of human variations in philosophy, industry, capability and courage, or by a bill or a resolution pending in Congress, or by widespread criticism and threatened investigation, or by some prevalent technical or economic theory, whether sound or fallacious. As Lord Beaconsfield said : "England is not governed by logic ; she is governed by Parliament." To paraphrase a statement of the late Justice Holmes, on some legal questions a page of history is worth a whole volume of logic. Such influences have been at work in the regulation of broadcasting during the past two or three years and wTill continue to be significant for some time to come. There has, for example, been a distinct procedural trend at the Commission toward what its friends call "ef ficiency" and its enemies call 'administrative absolutism," visible principally in the activities and viewpoints of the Commission's Law Department, and resulting in dissension in the Commission. There has been an underlying issue between two schools of thought among the members of the Commission on economic regulation and on censorship. There has been the eternal human equation based on personalities and on different degrees of susceptibility to pressure from the outside. The developments of the past year cannot be understood, and those of next year cannot be prophesied, without a few pages of history giving a moving picture rather than a snapshot of the facts. A. PERSONNEL AND INTERNAL ORGANIZATION OF THE COMMISSION During the past year further important changes have taken place in the personnel and the internal organization of the Commission. Frank R. McNinch, appointed chairman in August, 1937, has continued in that office despite persistent rumors, still prevalent, that he would soon leave. At the time of his appointment he was chairman of the Federal Power Commission; technically, he continued a member of that body until June 22, 1939, when his term expired and a successor was appointed. The impression was given out that his connection with the Federal Communications Commission was in the nature of a temporary and short-term loan (originally said to be for three months), in order, by extensive remodelling of its internal organization and by correcting its alleged evils, to temper the increasing pressure for an investigation. More recently, his absence since April 29, 1939, because of ill health, has revived rumors of an early resignation. During the winter, Eugene O. Sykes, an original member of the Federal Radio Commission, resigned, effective April 5, 1939, tand was replaced by Frederick I. Thompson, an Alabama newspaper publisher, who had been a member of the United States Shipping Board, 1920-1925. Norman S. Case, whose term expired in July, 1938, was reappointed for a term of seven years, although his status was uncertain for months under a recess appointment, with a hiatus between the opening of Congress and his confirmation on February 6, 1939, and constant rumors during the interim that the hearing on his confirmation might be converted into the long-threatened Congressional investigation of the Commission. The next term to expire was that of Paul A. Walker, in July, 1939. His reappointment on June 26 was confirmed by the Senate four days later. The first step in the heralded program of remodeling the internal organization occurred on November 15, 1937, and was noted briefly in last year's article* * Variety Radio Directory, II, p. 525. 898