A RESOLUTION DIRECTING A STUDY OF CERTAIN BY THE FEDERAL COMMUNICATIONS COMMISSION JUNE 2 TO 20, 1941 Printed for the use of the Committee on Interstate Commerce UNITED STATES WASHINGTON: 1941 423 428-444, 448-458 Burns, John J., counsel, Columbia Broadcasting System, Inc., 10 Post Caldwell, Louis G., counsel, representing Mutual Broadcasting System, Cook, Samuel H., representing radio station WFBL, Syracuse, N. Y. 551-555 Craven, T. A. M., a member of the Federal Communications Commis- Ethridge, Mark, vice president and general manager, Louisville Courier Journal and Louisville Times, operators of station WHAS, Louis- Fly, James Lawrence, chairman, Federal Communications Commis- Goodman, Frank C., executive secretary, Federal Council of the Churches of Christ in America, New York, N. Y Hasbrook, Charles P., representing station WCAX, Burlington, Vt. 585-589 Heffron, Edward J., executive secretary of the National Council of 10-152 Krieger, Smour, member of legal staff, Federal Communications 584-585 Lee, J. W., manager of radio station KGFF, Shawnee, Okla. 577-583 235-249 Miller, Neville, president, National Association of Broadcasters, 556-565 Morency, Paul W., vice chairman, Independent Radio Network Affil- Paley, William S., president, Columbia Broadcasting System, New Patrick, D. M., attorney for National Broadcasting Co., Washington, Trammell, Niles, president, National Broadcasting Co., 30 Rocke- 540-544 347-428, 444-448 525-540 458-524 163, 185-235 Weiland, Jonas, owner of radio station WFTC, Kinston, N. C. 574-577, 583 571-574 Statements and letters of— American Association of Advertising Agencies, 420 Lexington Avenue, 561 American Bible Society, Park Avenue and Fifty-seventh Street, New 602 American Civil Liberties Union, 170 Fifth Avenue, New York, N. Y. Goodman, Frank C., executive secretary, Federal Council of the 602-604 Statements and letters of-Continued. Keith, Alice, director, National Academy of Broadcasting, Wash- Page 617-620 Levy, Leon, president, station WCAU, Philadelphia - Macdougall, Robert B., New Jersey State Teachers College, Trenton, Music composers, a group of, 292 Madison Avenue, New York, N. Y-- 612–613 The Federal Council of Churches of Christ in America, New York, The Foreign Missions Conference of North America, New York, N. Y.. 601 The International Council of Religious Education, 203 North Wabash Witherspoon, F. M., Louisiana Academy of Sciences, New Orleans, Women's National Radio Committee, New York, N. Y. 153 TO AUTHORIZE A STUDY OF THE RADIO RULES AND REGULATIONS OF FEDERAL COMMUNICATIONS COMMISSION MONDAY, JUNE 2, 1941 UNITED STATES SENATE, COMMITTEE ON INTERSTATE COMMERCE, Washington, D. C. The committee met, pursuant to call, at 10 a. m., in room 412, Senate Office Building, Senator Burton K. Wheeler (chairman), presiding. Present: Senators Wheeler (chairman), Smith, Bone, Truman, Andrews, Johnson of Colorado, Hill, Stewart, Clark of Idaho, Tunnell, McFarland, White, Shipstead, Tobey, Gurney, and Brooks. The CHAIRMAN. The meeting will please come to order. This is a hearing upon the question of whether the committee should report out Senate Resolution 113. (The resolution is as follows:) [S. Res. 113, 77th Cong., 1st sess.] RESOLUTION Whereas the Federal Communications Commission (hereinafter referred to as the Commission) is an administrative agency created by the Act of June 19, 1934 (48 Stat. 1064), known as the Communications Act of 1934, as amended, by Act of June 5, 1936 (49 Stat. 1475), and by Act of May 20, 1937 (50 Stat. 189); and Whereas said Commission has by the terms of said Act certain delegated powers and duties in respect of interstate commerce in communications and the facilities and instrumentalities used and usable in said commerce and has no powers and duties not so specifically conferred upon it; and Whereas the Commission on May 2, 1941, in a proceeding before it styled "In the Matter of the Investigation of Chain Broadcasting,” Docket Numbered 5060, made and published certain rules and regulations enacted and promulgated by it which said rules and regulations are alleged to constitute an attempt upon the part of the Commission to exercise a supervisory control of the programs, of the business management and of the policy to be employed by radio-broadcast stations which are licensed by said Commission pursuant to said Act; and Whereas it is urged that the Supreme Court of the United States in the case of Federal Communications Commission v. Sanders Brothers Radio Station, decided March 25, 1940, interpreted and construed the Communications Act of 1934, as amended, as conferring no such power or authority upon the Commission as that which it is charged the Commission has attempted to exercise in its said rules and regulations of May 2, 1941, as aforesaid, and in so doing stated: "But the Act does not essay to regulate the business of the licensee. The Commission is given no supervisory control of the programs, of business management, or of policy. In short, the broadcasting field is open to anyone, provided there be an available frequency over which he can broadcast without interference to others, if he shows his competency, the adequacy of his equipment, and financial ability to make good use of the assigned channel." Now, therefore, be it Resolved, That the Committee on Interstate Commerce of the Senate, or a subcommittee thereof, be, and it hereby is, authorized and requested to undertake a 1 |