Since 1928 Tomlinson has reported for radio or newspapers every important conference or gathering on inter-American affairs. He was the first to broadcast from a Pan-American conference at the 1933 conference in Montevideo, Uruguay, when Secretary of State Hull first visited South America. Again in 1936 Tomlinson reported to NBC audiences the Buenos Aires Conference which President Roosevelt attended. At the time he made 57 broadcasts in 20 days. Two years later, at the Pan-American conference in Lima, Peru, he did 63 broadcasts in 23 days.

Two of his books, New Roads to Riches, and The Other Americans, have been best sellers. His newest volume, Battle for the Hemisphere, will be out in October.

Through his many contacts Tomlinson managed to be on the spot in 1940 when an American show of strength in Montevideo nipped a Nazi plan to seize the government of Uruguay. He told the story the next day when he had left Uruguay's censorship and reached NBC microphones in Buenos Aires. In 1941 he broke the story of a Nazi plot to take over southern Brazil for a "new Germany," and of Brazilian President Vargas' action in breaking it up. Then, to show how Germany was propagandizing South America against the United States, Tomlinson set up broadcasting equipment aboard an ocean liner bound for South America. Three times a week he broadcast to America the story of what German radio stations were telling the people of the other Americas.

During the war Tomlinson was a war correspondent with the Navy at Puerto Rico, and Brazil and was the first to broadcast an eye-witness account of the struggle against Nazi submarines and "wolf packs" which preyed on American shipping in the South Atlantic. For this work Tomlinson received a Navy commendation.

Tomlinson's first radio broadcasts on Latin America were made in 1928 when he presented a travelog on NBC's Chicago station WMAQ. In 1932 he put on a series of 26 programs for the NBC network on the story of the countries, peoples, and personalities of the other Americas. Other series on the other Americas followed.

*

Of all the commendations which he has received Tomlinson prizes most highly a letter from Cordell Hull, written when Mr. Hull was Secretary of State, which said, in part: You have, through your broadcasts, writings, and public discussions, made one of the finest contributions that has been made by any private citizen to a more complete understanding between all the peoples of the hemisphere."

Utley, Clifton

Clifton Utley was born in Chicago May 31, 1904. He graduated in 1926 from the University of Chicago, with a degree in political science. After graduation he studied international politics at the Universities of Munich, Algiers, and Geneva. In 1930 he returned to Chicago and for 11 years was director of the Chicago Council on Foreign Relations and was editor of the council's publication, Foreign Notes. During this period he visited Europe yearly. In 1932 he made his first radio appearance on the University of Chicago Round Table-and 3 years later began his first regular radio news commentary program. He also has broadcast for the BBC, both from Chicago and London, and during the war spoke in French and German over the OWI's short-wave facilities. Now stationed in Chicago.

Wallace, Edward R.

Started newspaper work on the Minneapolis Journal in 1926 as a copy boy and then graduated to a night beat. In 1930 he joined the San Francisco Examiner and took a position with the AP in 1933. For a year, from 1935 to 1936, he took time out to edit the Fargo (N. Dak.) Forum, and then rejoined AP in New York. For 6 years he worked as general editor and South American editor. Veteran of 14 months in the South Pacific as a war correspondent for NBC, which he joined in 1942. He reported from Australia the mounting of the Allied offensive against the Japanese, beginning with Guadalcanal, and took part in two major island landings of American troops, as well as many sorties to the front lines of action by plane and afoot. On his return to the United States in April 1944 Wallace was made NBC newsroom manager at Cleveland, where he is now stationed. Wilson, David Jordan

A native of Boston, has lived 23 of his 30 years in South America and has had wide experience there as a news and radio correspondent in Brazil and Argentina.

Scored 11-hour beat on 1938 Fascist attempt to assassinate President Vargas while representing United Press in Brazil. Later became United Press news manager in Rio de Janeiro. After subsequent tour of duty in Argentina. was sent back to Brazil when World War II made that country the center of South American news interest. Covered German U-boat campaign during travels around Brazil's hump and establishment of American air bases in that area. Back in Buenos Aires to report the rise of Perón, Wilson was the only correspondent who succeeded in penerating the rigid Argentine censorship with dispatches on the Ducos counterrevolt. Joined English-language newspaper The Standard in Buenos Aires as city editor in 1935. Because NBC correspondent in Buenos Aires in September 1945 and is currently stationed there.

Mr. TRAMMELL. I think if you will take the time to look over that list, you will see that all of these men have had long years of experience in gathering and presenting news; and their integrity and background are such that I think those men, in the presentation of news, should be given the same privileges as a newspaper reporter for the Washington Star or the Times-Herald or the Post. I do not believe it is your intention, Senator, to restrict them--to limit their competitive opportunities.

The CHAIRMAN. I want them to speak, and I want them to speak with every permitted freedom, but I still think there ought to be some way for the identification of them and of the material they are putting out if it is possible to work it out. I do not know whether it is or not. Anyway, I proposed that section to draw fire.

Mr. TRAMMELL. I do not know how you can limit the freedom of the press, either in the newspapers or over the radio. Now, there may be some bad commentators.

The CHAIRMAN. I would not dare to say so.

Mr. TRAMMELL. But even though you may not agree with them and even though I do not agree with them, I would certainly defend their right, as long as we have a free radio, to remain on the air. I would say they should not be forced off the air by having to give their sources. The basic purpose of news dissemination in a democracy is to enable the people to know what is happening and to understand events so that they may form their own conclusions. In the American philosophy, truth and freedom go hand in hand.

The Nazis developed the technique of secondary censorship to a fine art in 1939, 1940, and 1941. Our reporters could broadcast from Germany without direct censorship, but they had to keep within certain limits under the constant threat that broadcast facilities would be denied them.

If section 18 became law every American broadcaster would have at his shoulder the specter of this secondary censorship.

At the present time the NBC network has an administrative and clerical staff of 79 persons, and 32 reporters, analysts, newscasters, and foreign correspondents. We operate much the same as a newspaper in the collection of news. While we rely heavily on the press services, as do the newspapers, we are today doing 10 times as much original reporting with our own staff as we did in 1942.

Section 18 of the bill imposes restraints on the broadcasters that would be unthinkable for the press. Among these restraints is a requirement to identify sources of the news.

All the members of our reporting and supervisory news staff are men of integrity and ability. We believe in labeling news and analysis and have done so for a number of years. We do not believe,

though, that any such requirements should be imposed by statute, any more than it is required of the press.

Section 19: This deals with the network regulations. I have appeared before this committee during the past 6 years and before other committees on matters dealing with network regulations. I will make my comments very brief on this particular section of the bill, because I think the record has been pretty well worn out with it. I do not believe, Senator, that these regulations should be made a part of the statute. To do so would be to establish in the law a set of inflexible requirements based upon conditions which may not prevail in the future and which in fact do not prevail even today. The reasons given in the report on the network investigation by the Commission for the establishment of these regulations related to the scarcity of frequencies. And I quote here from the Commission's Report on Chain Broadcasting:

The nature of the radio spectrum is such that the number of broadcasting stations which can operate, and the power which they can utilize, is limited. The limitations imposed by physical factors thus largely bar the door to new enterprise and almost close this customary avenue of competition.

Now, at the time the hearings were being held by the Commission when the evidence was taken upon which the network regulations were based, there were 660 standard broadcast stations. Today there are 1,750. I want to emphasize that if the regulations were written purely because of scarcity of frequencies, the reasons for their existence do not prevail today. There should be no limitations upon the opportunity for competition that are not applicable to the press and to other industries.

The business activities of the broadcasting industry should be governed by the same laws that apply to other industries. There are no network regulations for the press. There need be none for broadcasters. Public protection is amply afforded by the antitrust laws.

One of the regulations in particular would adversely affect the broadcasting service to the public. This is the limitation on option time. By this provision stations would be prohibited from granting to a network an option for more than 2 hours in any consecutive 3-hour period.

The CHAIRMAN. I am persuaded that the stations, and especially the networks, do not approve of that provision.

Mr. TRAMMELL. That is quite true, Senator.

The CHAIRMAN. And that is putting it mildly.

Mr. TRAMMELL. I have here as an exhibit a series of charts marked "Exhibit C," and I wish you would turn to that. This shows the programs of NBC during the 3 hours of option time in the evening. If the limitation proposed in the bill is adopted, programs in one of the hours between 8 and 11 p. m., each weekday evening and 7 and 10 p. m. each Sunday, may be lost, because the network will not be able to assure the sponsor that the time will be available on the affiliated stations. That would place in jeopardy some of the programs that the public is very much interested in receiving. Monday night, we would have to kill either the Telephone Hour or the Benny Goodman Show or the Cavalcade of America or the Voice of Firestone. On Tuesday night, we would be in a particularly difficult position, because that night we have Fibber McGee and Molly, Amos 'n' Andy, Red

Skelton, Bob Hope, Rudy Vallee, and a Date with Judy. I would not know which one to take off the air. We would have to take two of them off the air.

The CHAIRMAN. As you have said, this has long been a subject of discussion in our hearings.

Mr. TRAMMELL. That is the reason that I do not believe that these regulations should be written into the law. From time to time, conditions change. I would like to say that in recent years, under the administration of Chairman Denny, while I have not always agreed with the decisions of the Commission, nevertheless I think that it has done an unusually conscientious and fair job.

The CHAIRMAN. Of course, there have been times in the past when you and others in your particular business have been loud and vigorous in your denunciation of lawmaking by the Commission.

Mr. TRAMMELL. That is true. And I do not believe that they should have the right to issue network regulations. There was one witness in 1943, Senator, who appeared before the Committee and advocated a change in the option time system. That was Mr. Mosby of Missoula, Mont. He was the only witness who appeared advocating any change in the option time. His ideas were such that I believe the legislative committee of the NAB either called on you or Senator Wheeler to oppose the redraft of the Wheeler-White bill, which included this provision. Senator Wheeler did not even advocate this provision. Mr. Mosby advocated that in the evening the station be given the last 15 minutes of every hour to put on local programs. That would mean that we would have to give up the last 30 minutes, practically, of some of our major shows.

For instance, Fibber McGee and Molly would have to go off the air. The same would be true for the Album of Familiar Music and a few programs of that kind. From the standpoint of the public, we do not think the law should undertake to deprive the national radio audience of many of its popular programs for the hypothetical advantage of substituting strictly local entertainment in certain communities.

Now we come to ownership of stations, section 19. Section 19 of the bill places a limit upon the number of broadcast stations which may be licensed to any person. No licensee would be permitted to own stations in any single band which in the aggregate provide a primary service for more than 25 percent of the population of the United States. I cannot see any need of justification for a limit on the ownership of broadcast stations, either by Commission action or by statute. The opportunity to serve the public should not be limited by arbitrary restriction. The present radio law does not establish any limitation on the ownership of stations beyond, the requirements of the antitrust laws. During all the years since the establishment of broadcasting there has been no undue concentration of ownership.

Before NBC disposed of the Blue Network it was the licensee of six stations associated with the Red Network and three and a half with the Blue. Columbia Broadcasting System once was the licensee of nine stations. Each of these stations provided a good broadcasting service. There was no complaint by the public that service was being affected by ownership of the stations by a single licensee.

According to Chairman Denny's testimony, coverage of 25 percent of the population of the United States could be achieved by two sta

tions, one in New York and one in Chicago. The precise number of stations would depend upon the meaning which the Commission established for "primary service." Under our interpretation of the Commission's present standards for primary service the six stations owned by NBC, which include stations in New York and Chicago, serve about 25 percent of the population of the country. The difference between Mr. Denny's estimate and ours in itself illustrates the difficulty resulting from the use of a term as indefinite as "primary service." The proposed section sets up a rubber yardstick as the measure of the number of stations which may be owned by any one person.

Potential coverage of 25 percent of the population is a long way from the exercise of monopolistic control. The licensee of a station does not control the radio service of the people living within the area served by the station. On the contrary, each station competes with many other stations in its area for the attention of the listeners. The total audience is divided among many stations, so that no one station controls the service to the population in its vicinity.

In our own case, we have six stations, located in New York, Washington, Chicago, Cleveland, Denver, and San Francisco. In New York there are 17 standard stations; in Washington, 7; in Chicago, 15; in Cleveland, 6; in Denver, 6; and in San Francisco, 7. In addition, there are many other stations that provide service to parts of the areas covered by our stations. The 6 NBC stations compete with a total of 52 other stations for the listening audience in the cities where they are located. Therefore, although the primary service area of our stations may include from 20 to 25 percent of the population, we by no means control the radio service to those people. There is no logical basis for the 25-percent limitation. The broadcasting industry is subject to the antitrust laws as is any other industry. The 25-percent limitation in the bill is arbitrary and unwarranted. Any such limit on ownership

should be avoided.

As to procedural sections, this matter has been so well covered that I will not take the time to go into it at this time.

There is one subject in the present act that I would like to recommend to your committee that you amend, and that is the provisions pertaining to the antitrust laws.

The CHAIRMAN. Sections 311 and 313?

Mr. TRAMMELL. Yes; section 313 and section 311. I should like to take this opportunity to call the committee's attention to a provision in the Communications Act which is the most unfair and discriminatory kind of legislation that has ever come to my attention. This is the provision in the act which places the broadcasters in double jeopardy for any violation of the antitrust laws. I know of no other industry which is subject to such harsh treatment. Broadcasters are subject to all the penalties specified in the antitrust laws for violation of those laws. In addition, section 313 of the Communications Act permits the court to order revocation of the license of any licensee found guilty of violating the antitrust laws. Section 311 permits the Commission to refuse a license to a person found guilty of violating these laws. This may be done even though the court has refused to order a revocation. By these provisions the broadcasting licensee is placed in jeopardy twice, first, by imposition of penalties under the antitrust laws, and,