such section is amended by adding at the end thereof a new subsection (d) as follows:

“(d) In a case of actual controversy arising under any provision of this Act or of any order, rule, regulation, term, condition, limitation, or requirement adopted pursuant thereto (whether or not involving failure to comply therewith), the Commission may, upon petition of any interested person, and after notice and opportunity for hearing, enter a declaratory order declaring rights and other legal relations thereunder."

SEC. 22. Section 402 of such Act is amended to read as follows:

"SEC. 402. (a) The provisions of the Act of October 22, 1913 (38 Stat. 219), as amended, relating to the enforcing or setting aside of orders of the Interstate Commerce Commission are hereby made applicable to suits to enforce, enjoin, set aside, annul, or suspend any order of the Commission under this Act (except those appealable under the provisions of subsection (b) hereof), and such suits are hereby authorized to be brought as provided in that Act. In addition to the venues specified in that Act, suits to enjoin, set aside, annul, or suspend, but not to enforce, any such order of the Commission may also be brought in the United States District Court for the District of Columbia.

"(b) Appeals may be taken from decisions and orders of the Commission to the United States Court of Appeals for the District of Columbia in any of the following cases:

"(1) By applicant for any instrument of authorization required by this Act, or the regulations of the Commission made pursuant to this Act, for the construction or operation of apparatus for the transmission of energy, or communications, or signals by radio, whose application is denied by the

Commission.

"(2) By any party to an application for authority to assign any such instrument of authorization or to transfer control of any corporation holding such instrument of authorization whose application is denied by the Commission.

"(3) By any applicant for the permit required by section 325 of this Act whose application has been denied by the Commission or any permittee under said section whose permit has been modified or revoked by the Commission.

"(4) By the holder of any instrument of authorization required by this Act, or the regulations of the Commission made pursuant to this Act, for the construction or operation of apparatus for the transmission of energy, or communications or signals by radio, which instrument has been modified or revoked by the Commission.

"(5) By any other person who is aggrieved or whose interests are adversely affected by any order of the Commission granting or denying any application described in paragraphs (1), (2), (3), and (4) hereof.

"(6) By any person upon whom an order to cease and desist has been served under section 312 (b) of this Act.

"(7) By any party to a proceeding under section 401 who is aggrieved or whose interests are adversely affected by a declaratory order entered by the Commission.

"(8) By any radio operator whose license has been suspended by the Commission.

"(c) Such appeal shall be taken by filing a notice of appeal with the court within thirty days after the entry of the order complained of. Such notice of appeal shall contain a concise statement of the nature of the proceedings as to which the appeal is taken; a concise statement of the reasons on which the appellant intends to rely, separately stated and numbered; and proof of service of a true copy of said notice and statement upon the Commission. Upon filing of such notice, the court shall have exclusive jurisdiction of the proceedings and of the questions determined therein and shall have power, by order, directed to the Commission or any other party to the appeal, to grant such temporary relief as it may deem just and proper. Orders granting temporary relief may be either affirmative or negative in their scope and application so as to permit either the maintenance of the status quo in the matter in which the appeal is taken or the restoration of a position or status terminated or adversely affected by the order appealed from and shall, unless otherwise ordered by the court, be effective pending hearing and determination of said appeal and compliance by the Commission with the final judgment of the court rendered in said appeal.

"(d) Upon the filing of any such notice of appeal the Commission shall, not later than five days after the date of service upon it notify each person shown

by the records of the Commission to be interested in said appeal of the filing and pendency of the same and shall thereafter permit any such person to inspect and make copies of said notice and statement of reasons therefor at the office of the Commission in the city of Washington. Within thirty days after the filing of an appeal, the Commission shall file with the court a copy of the order complained of, a full statement in writing of the facts and grounds relied upon by it in support of the order involved upon said appeal, and the originals or certified copies of all papers and evidence presented to and considered by it in entering said order. "(e) Within thirty days after the filing of an appeal any interested person may intervene and participate in the proceedings had upon said appeal by filing with the court a notice of intention to intervene and a verified statement showing the nature of the interest of such party, together with proof of service of true copies of said notice and statement, both upon appellant and upon the Commission. Any person who would be aggrieved or whose interest would be adversely affected by a reversal or modification of the order of the Commission complained of shall be considered an interested party.

"(f) The record upon which any such appeal shall be heard and determined by the court shall contain such information and material, and shall be prepared within such time and in such manner as the court may by rule prescribe.

"(g) At the earliest convenient time the court shall hear and determine the appeal upon the record before it, and shall have power, upon such record, to enter a judgment affirming or reversing the decision of the Commission, and in event the court shall render a decision and enter an order reversing the decision of the Commission, it shall remand the case to the Commission to carry out the judgment of the court: Provided, That the review by the court shall be limited to questions of law and that findings of fact by the Commission, if supported by substantial evidence, shall be conclusive unless it shall clearly appear that the findings of the Commission are arbitrary or capricious.

"(h) In the event that the court shall render a decision and enter an order reversing the order of the Commission, it shall remand the case to the Commission to carry out the judgment of the court and it shall be the duty of the Commission, in the absence of the proceedings to review such judgment, to forthwith give effect thereto, and unless otherwise ordered by the court, to do so upon the basis of the proceedings already had and the record upon which said appeal was heard and determined.

"(i) The court may, in its discretion, enter judgment for costs in favor of or against an appellant, or other interested parties intervening in said appeal, but not against the Commission, depending upon the nature of the issues involved upon said appeal and the outcome thereof.

"(j) The court's judgment shall be final, subject, however, to review by the Supreme Court of the United States as hereinafter provided

"(1) an appeal may be taken direct to the Supreme Court of the United States in any case wherein the jurisdiction of the court is invoked, or sought to be invoked, for the purpose of reviewing any decision or order entered by the Commission in proceedings instituted by the Commission which have as their object and purpose the revocation of an existing license or any decision or order entered by the Commission in proceedings which involve the failure or refusal of the Commission to renew an existing license. Such appeal shall be taken by the filing of an application therefor or notice thereof within thirty days after the entry of the judgment sought to be reviewed, and in the event such an appeal is taken the record shall be made up and the case docketed in the Supreme Court of the United States within sixty days from the time such an appeal is allowed under such rules as may be prescribed.

"(2) in all other cases, review by the Supreme Court of the United States shall be upon writ of certiorari on petition therefor under section 240 of the Judicial Code, as amended, by the appeallant, by the Commission, or by any interested party intervening in the appeal, or by certification by the court pursuant to the provision of section 239 of the Judicial Code, as amended." SEC. 23. Section 405 of such Act is amended to read as follows:

SEC. 405. After a decision, order, or requirement has been made by the Commission or any Division thereof in any proceeding, any party thereto or any other person aggrieved or whose interests are adversely affected thereby may petition for rehearing. When the decision, order, or requirement has been made by the whole Commission the petition for rehearing shall be directed to the whole Commission; when the decision, order, or requirement is made

by a Division of the Commission the petition for rehearing shall be directed to that Division; petitions directed to the whole Commission requesting a rehearing in any matter determined by a Division thereof shall not be permitted or considered. Petitions for rehearing must be filed within thirty days from the entry of any decision, order, or requirement complained of and except for those cases in which the decision, order, or requirement challenged is necessary for the maintenance or conduct of an existing service, the filing of such a petition shall automatically stay the effective date thereof until after the decision on said petition. The filing of a petition for rehearing shall not be a condition precedent to judicial review of any such decision, order, or requirement, except where the party seeking such review was not a party to the proceedings before the Commission resulting in such decision, order, or requirement, or where the party seeking such review relies on questions of fact or law upon which the Commission has been afforded no opportunity to pass. Rehearings shall be governed by such general rules as the Commission may establish. The time within which an appeal must be taken under section 402 (b) hereof shall be computed from the date upon which the Commission enters its order disposing of all petitions for rehearing filed in any case, but any decision, order, or requirement made after such rehearing, reversing, changing, or modifying the original determination shall be subject to the same provisions as an original order." SEC. 24. Subsection (a) of section 409 of such Act is amended to read as follows:

"(a) In all cases where a hearing is required by the provisions of this Act, or by other applicable provisions of law, such hearing shall be a full and fair hearing. Hearings may be conducted by the Commission or a Division thereof having jurisdiction of the subject matter or by any member or any qualified employee of the Commission when duly designated for such purpose. The person or persons conducting any such hearing may sign and issue subpenas, administer oaths, examine witnesses, and receive evidence at any place in the United States designated by the Commission. In all cases, whether heard by the Commission or a Division thereof or by any member or qualified employee of the Commission, the person or persons conducting such hearing shall prepare and file an intermediate report setting out in detail and with particularity all basic or evidentiary facts developed by the evidence as well as conclusions of fact and of law upon each issue submitted for hearing. In all cases the Commission, or the Division having jurisdiction thereof, shall, upon request of any party to the proceeding, hear oral argument on said intermediate report or upon such other and further issues as may be specified by the Commission or the Division and such oral argument shall precede the entry of any final decision, order, or requirement. Any final decision, order, or requirement shall be accompanied by a full statement in writing of all the relevant facts upon each issue submitted for hearing as well as conclusions of law upon those facts."

SEC. 25. Title IV of such Act is amended by adding at the end thereof a new section as follows:

"DISCRIMINATION PROHIBITED

"SEC. 418. The Commission shall make or promulgate no order, rule, or regulation of substance or procedure, the purpose or effect of which will or may be to effect a discrimination between persons based upon race, or religious or political affiliation, or kind of lawful occupation, or business association, and no rights, privileges, benefits, or licenses authorized by law shall be denied or withheld in whole or in part where adequate right or entitlement thereto is shown."

The CHAIRMAN. Then I want to make a part of the record, by reference only, the hearings which were held in 1943, upon Senate bill 814. That, I repeat, is made part of the record by reference only. It will not be reprinted.

I wanted to call attention also to the new rules with respect to committee hearings, rules which are found in the Reorganization Act of last year. Section 133 of that act provides that each standing committee shall, so far as practicable, require all witnesses appearing before it to file in advance written statements of their proposed testimony, and to limit their oral presentations to brief summaries of their arguments.

If there are those here who are interested in this subject matter and who desire to be heard as witnesses who have not filed their written briefs, I suggest that they should do so immediately if they want the opportunity to later make any oral comments, either on their own. briefs, or on the briefs or statements of others.

Then I want to make just one more brief statement as a preliminary to the beginning of the testimony, which will be in the nature of a brief explanation as to the conduct of the hearings on this measure pending before us.

I pointed out when the bill was introduced that there is general agreement that new legislation in this important field is necessary. Existing legislation is, in all substantial respects, almost as old as the industry itself, and ample evidence has been offered to Congress that radio and radio regulations should be made the subject of intensive and thoughtful congressional study.

This evidence has come to us in a variety of ways: as a result of numerous hearings held before both Houses of the Congress, by statements and communications from the regulatory authority, by statements and representations from broadcasters and networks, and by statements and representations from the public found in the press, and in the great volume of correspondence which has been addressed to Members of the Congress.

I am not unaware of the dissatisfaction which has been expressed by individuals and groups concerning the time and the timeliness of this hearing. I am quite aware also of the legislative situation in the Congress, and particularly in the Senate and in the committee of which I am chairman.

The decision to hold hearings on S. 1333 at this time was made after full consideration of the problems presented, and particularly having due regard for the available time and commitments of the Members of the Senate who are charged with responsibility in this matter.

I am satisfied that a right conclusion was reached by the determination to adhere to the date originally fixed by the subcommittee. And this audience, I think, bears testimony that you have all heard about. this hearing; and I think that most of you will admit that you have had opportunity to consider what you would say at this hearing, either in criticism or in commendation of the legislative proposals.

I hope that you who appear here to give us information on this measure, whether or not satisfied with the committee's judgment as to the date of hearings, will nevertheless show us the courtesy of your best efforts in working out sound legislation.

I repeat what I have many times said concerning the present proceeding. It is an attempt by the Congress, through its constituted agents, to secure information concerning our radio problems. It is not an attempt to force our individual views upon anyone.

This hearing will be conducted with a view to securing the greatest possible amount of information concerning this matter within the limits of time and opportunity which we can give to the task.

Neither I nor any other member of the committee has any pride of authorship. I am, however, fully persuaded that additional legislation on this vital subject is sorely needed and that it should be considered by the Congress either at this or at some early session of the Congress.

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I therefore request each person who appears as a witness here, either in a personal or representative capacity, to make such contribution as he can to this effort to work out sound legislation. I express the hope that each witness who appears and expresses disagreement with the measure as written will offer alternative suggestions, either in detail or in principle.

On behalf of the committee, I ask for your cooperation and your contributions in this respect.

It seemed appropriate that the first witness should be the Chairman of the Federal Communications, Mr. Denny. He not only is Chairman of the Commission, but he represents here in a large degree, the voice of the Government itself with respect to these problems.

We will be very glad, Chairman Denny, if you will take the chair and proceed in your own way in comments approving, or comments critical with respect to this bill.

I think I have indicated what the usual rule is. Before anyone may testify, there must be a preliminary filing of a written summary, or a written statement. I do not know whether Chairman Denny has done that yet or not. You may proceed, Mr. Denny.

STATEMENT OF CHARLES R. DENNY, CHAIRMAN, FEDERAL COMMUNICATIONS COMMISSION, WASHINGTON, D. C.

Mr. DENNY. Thank you, Mr. Chairman.

I have filed a written statement in compliance with the rule. Before I begin my testimony I should like to introduce to you the members of the Federal Communications Commission.

First I should like to present Commissioner Paul A. Walker, who is Vice Chairman of the Commission, and chairman of the Commission's Telephone Committee.

Commissioner Walker is the senior member of the Commission. Next in seniority is Commissioner Ray C. Wakefield, chairman of the Telegraph Committee.

Next may I introduce Commissioner Clifford J. Durr, and Commissioner Rosel H. Hyde.

Commissioners E. K. Jett, and E. M. Webster have asked me to advise the committee that they regret that they are unable to be here today, because they are serving as members of the United States delegation to the international radio conference which is now in progress in Atlantic City.

They have also asked me to indicate that if the committee has any questions which it is desired to ask them, they will be glad to return to Washington.

The other members of the Commission are here to answer any questions that the committee may wish to put to them.

The CHAIRMAN. May I interrupt to say that you have called upon gentlemen whose faces are very familiar to us, and we are glad to see them here.

Mr. DENNY. Thank you, Mr. Chairman.

The statement which I am about to present represents not just my personal views, but the views of the Federal Communications Commission. It has been carefully considered by all the members of the Com