NATIONAL ASSOCIATION OF BROADCASTERS, Hon. EDWIN C. JOHNSON, DEAR SENATOR JOHNSON: This is in response to your request for my comments on the proposed amendment of section 606 (c) of the Communications Act, as drafted by the staff of your committee. I stated at the hearing on S. 537 that on initial impression, the staff proposal semed very similar to that which we would suggest. I believe that with slight modifications, it fully effectuates the purposes of the Department of Defense and provides the necessary executive authority to control electromagnetic radiations. You will note that section 606 (c) seemingly gives the President the extraordinary powers to control radio communications, without the necessity of a proclamation, "in order to preserve the neutrality of the United States." In the case of war, however, or a threat of war, a state of public peril or disaster, or other national emergency, a proclamation by the President is required. Since this is the situation presenting the least danger to the public, it leads me to suggest an amendment so as to make it clear that a proclamation of the threat to the neutrality is required before an exercise of the executive powers of the section is authorized. This removes what may be regarded as an ambiguity in the section without changing its intent. A second suggestion for modification in the staff's proposal pertains to the clause providing for just compensation to the owners of the instrumentalities which are controlled or used. I propose adding a phrase at the end of section 606 (c) which spells out explicity the proposition that the owner of a station or an electromagnetic radiating device shall be entitled to receive just compensation when his instrumentality is controlled, used, or closed. The legislative history would indicate that this was the true intent of the section, and, although "closing" is a method of "controls," for which just compensation is provided, I suggest that the provision be specifically included. The loss resulting to the broadcaster from the closing of his station would be as great, if not greater, than the loss resulting from other methods of governmental control or use. The broadcaster's livelihood depends not only on his physical equipment, but more importantly on the circulation he is able to establish by his skill in programming. If he is put off the air, his investment in his tangible property is unproductive, and he also suffers loss of good will, audience circulation, and sponsor support, all of which have been difficult to establish, and, consequently, are dependent on continuous, uninterrupted broadcast service to maintain. Therefore, I believe that, in all fairness to the broadcasters, this compensation provision should be amended, as I have indicated, in order to be more explicit. With the above modifications in the staff's draft, my suggestion for an amendment to section 606 (c) is as follows: "SEC. 606. (c) Upon proclamation by the President that there exists war or a threat of war, or a threat to the neutrality of the United States, or a state of public peril or disaster or other national emergency, or in order to preserve the neutrality of the United States; the President if he deems it necessary in the interest of national security or defense, may suspend or amend, for such time as he may see fit, the rules and regulations applicable to any or all stations or devices capable of emitting electromagnetic radiations within the jurisdiction of the United States as prescribed by the Commission, and cause the closing of any station for radio communication, or any device capable of emitting electromagnetic radiations between 10 kilocycles and 100,000 megacycles, and the removal therefrom of its apparatus and equipment, or he may authorize the use or control of any such station or device and/or its apparatus and equipment, by any department of the government under such regulations as he may prescribe upon just compensation to the owners for such use and/or loss resulting from such closing or control." In order to take care of the penalty provision which was discussed at the hearing, a very simple amendment of section 502 of the Communications Act would accomplish this result. By striking from that section the three words "by the Commission" at line 2, any violation of section 606 (c) falls within its terms. To assure the applicability of section 301 of the act to persons other than licensed operators of broadcast stations, an amendment to section 3 of the Communications Act would suffice. This could be accomplished by including within that section a definition of "radio" to cover those incidental electromagnetic radiations of devices not intended primarily for communication. Section 3 defines "radio communication" and "transmission of energy by radio," but it contains no definition of "radio" as such. The National Association of Broadcasters appreciated the opportunity of being heard by the committee, and I thank you for the privilege of making suggestions on the staff's proposal. If we can be of any assistance to you or your committee, please do not hesitate to call upon us. Sincerely yours, JUSTIN MILLER. Hon. EDWIN C. JOHNSON, Chairman, WHEELER AND WHEELER, Washington, D. C., March 6, 1951.. Senate Interstate and Foreign Commerce Committee, United States Senate, Washington, D. C. DEAR SENATOR: In accordance with your request, I am transmitting herewith two alternative drafts of amendment of section 606 (c) of the Communications Act of 1934, as amended. While both alternatives are intended to achieve the same basic purpose of granting the President ample, but not necessary broad, emergency powers, amendment No. 1 seems to us to be better designed and drafted to achieve that purpose. We would not, however, object to amendment No. 2, which follows the pattern of that drafted by the committee's staff at the hearings on S. 537 held February 21, 1951. Amendment No. 1 of section 606 (c) does not alter existing emergency powers with respect to radio stations. We share the belief of the Federal Communications Commission "that this authority (sec. 606 (c)) is clearly broad enough to authorize the President to initiate such action as he may deem necessary to prevent the use of radio stations licensed by the Commission or operated by any department or agency of the Federal Government, in any manner in which it would aid the enemy in an air attack upon the United States" (hearings, p. 8). The problem, as stated both by the Commission and by the Air Force through General Ankenbrandt, is to give the President, in time of emergency, control of any electromagnetic radiation device useful to the enemy as a navigational aid. This is done in amendment No. 1 by the simple and direct expedient of expanding the emergency Presidential powers of section 606 (c) to include powers over such devices. The language is designed to grant to the President all power required.. while protecting the public and the industrial and economic life of our country against unnecessary and possibly arbitrary action. As pointed out by Dr. Baker, there are certain requirements requisite to enemy use of an electromagnetic emission as a direction finding device, including the following: (a) The geographical position of the emitting source must be known and fixed. (b) The radiating source must be identifiable. (c) The strength of the received signal must be great enough to override static and noise originating in the receiver circuits. (d) The radiated signal must be of a frequency giving rise to a minimum of directional propagation errors, and within a range where efficient receivers can be constructed. (e) The radiation must be steady and more or less continuous in nature. These qualifications eliminate as possible aids to navigation any device in general use by the public in which low-power radiation is an incidental characteristic. As stated by Dr. Baker, any plane or missile attempting to home on a device in general use by the public would be so confused as to which of the devices to use that homing would be impossible. In our amendment No. 1 we have, however, recognized the possibility that a device in general use might be turned into a radiator of sufficient power to be usable as a navigational aid, and provided that such a device shall, when used or intended for use as a navigational aid, be subject to the control provisions of the act. Purposeful transmissions for navigation, as Dr. Baker's testimony showed, employ power in the range of 1 to 25 kilowatts and their ranges are in the order of 50 to 200 miles. Any plane or missile which might use an electromagnetic radiation as a navigation aid would be traveling at such a very high speed that unless the radiations were of sufficient strength at a considerable distance, the enemy plane or missile could not operate its direction-finding equipment fast enough to obtain definite fixes. The power radiated incidentally by devices not fundamentally intended as radiators usually is in the order of a fraction of a watt, and would not be usable as a navigational aid beyond a distance of 5 miles. Accordingly, we have excluded from the control provisions of amendment No. 1 devices which do not emit radiations suitable as a navigational aid beyond 5 miles. As indicated previously, no electromagnetic radiating device is usable as a navigational aid if its geographical position is not known and fixed and its radiation steady and more or less continuous in nature. Therefore, we have also specifically eliminated devices of this category from the coverage of section 606 (c). I wish again to emphasize, however, that we have provided that such devices when in fact used or intended for use as a navigational aid in an attack upon the United States are subject to control. Dr. Baker's testimony disclosed that the following devices are useless as navigational aids: 1. All receivers because of low power, diffuse location and intermittent usage. 2. Medical or therapeutic equipment because of unknown location and intermittent use. 3. All mobile equipment, ground and air, because of variable location. 4. High frequency furnaces because of unknown location. 5. Radio frequency control gear because of unknown location. 6. Carrier current devices where it is impossible to define the source of the signal. 7. Narrow beam relay transmissions, unless the radiated beam is used and the radiations can be located geographically. These transmitters do not identify themselves over the air. We believe that by amendment No. 1 we have specifically eliminated the foregoing devices from the control provisions of section 606 (c) while granting to the Executive such power as he may require to control devices usable as navigational aids by an enemy in an attack upon the United States. Amendment No. 2, while intended to achieve the same purpose as amendment No. 1, follows the framework of the amendment proposed by the committee's staff. A proviso clause is added to the staff's proposal to limit the Presidential power over devices to those suitable as navigational aids. The reasons for the limitation are those explained in our discussion of amendment No. 1. As pointed out in the testimony of the RTMA witnesses, a bombing mission in an attack upon the United States would set its initial course and fly at a very high altitude above the weather. It would use celestial navigation or radiation from abroad to guide its course toward its target in this country. As it approached the target, because of the superiority of radar for pin-pointing a target, an enemy plane would not use electromagnetic emissions emanating from this country as a navigational aid nor would electromagnetic emissions be used for the guidance of missiles directed against the United States. In view of these facts, Congress should go slowly in granting to the Executive the sweeping powers set forth in S. 537 or contained in 606 (c) as first proposed to be amended. Control over at least one daily act of every citizen should not be voted unless there is a defense requirement commensurate with such far-reaching power over all of us. We believe the testimony fails to reveal such a defense requirement. Should the committee find such a requirement exists, it should eliminate from the bill all devices not usable as navigational aids. Where there is neither established nor imaginable defense need, we believe it wholly unwise to grant power to the Executive to control the activities of most of us in our daily lives. Either amendment suggested grants the President all powers which the testimony reveals that he needs or might need by the widest stretch of imagination. The limitations upon the executive power are the minimum needed for the protection of our ordinary pursuits against unnecessary invasion. Very truly yours, RADIO-TELEVISION MANUFACTURERS ASSOCIATION, SUGGESTED AMENDMENT NO. 1 SEC. 606. (c) Upon proclamation by the President that there exists war or a threat of war, or a state of public peril or disaster or other national emergency, or in order to preserve the neutrality of the United States, the President, if he deems it necessary in the interest of national security or defense, (1) may suspend or amend, for such time as he may see fit, the rules and regulations applicable to any or all stations within the jurisdiction of the United States as prescribed by the Commission, (2) may cause the closing of any station for radio communication and the removal therefrom of its apparatus and equipment, (3) may authorize the use or control of any such station and/or its apparatus and equipment by any department of the Government under such regulation as he may prescribe, upon just compensation to the owners, and (4) may, with respect to all devices capable of emitting electromagnetic radiations between 10 kilocycles and 100,000 megacycles, control, limit, or forbid their operation upon specific findings that such devices are capable of use as navigational aid in the course of an attack upon the United States: Provided, that such devices (1) are not manufactured for general use by the public in which low power radiation is an incidental characteristic, (2) do not emit radiations suitable as a navigational aid at a distance beyond five miles, and (3) are not, by reason of their intermittency of operation or lack of idenntity with a fixed point source, or otherwise, inherently unsuitable for use as a navigational aid, unless such devices are in fact used or intended for use as a navigational aid in an attack upon the United States. SUGGESTED AMENDMENT NO. 2 SEC. 606. (c) Upon proclamation by the President that there exists war or a threat of war, or a state of public peril or disaster or other national emergency, or in order to preserve the neutrality of the United States, the President, if he deems it necessary in the interest of national security or defense, may suspend or amend, for such time as he may see fit, the rules and regulations applicable to any or all stations or devices capable of emitting electromagnetic radiations, within the jurisdiction of the United States as prescribed by the Commission, and cause the closing of any station for radio communication, or any device capable of emitting electromagnetic radiations between 10 kilocycles and 100,000 megacycles, and the removal therefrom of its apparatus and equipment, or he may authorize the use or control of any such station or device and/or its appara-tus and equipment, by any department of the Government under such regulations as he may prescribe upon just compensation to the owners, provided, however, that such stations or devices shall not include devices radiation from which is not suitable as a navigational aid at a distance beyond five miles. 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