Congress and the Control of Radio-Broadcasting, II

Abstract

Congress established a policy for wartime radio under Section 606 of the Communications Act of 1934 when it gave the President power to take over the entire radio industry in time of war or national emergency. He took advantage of this in September, 1940, when by an executive order he created the Board of War Communications (previously the Defense Communications Board). In the 1934 act, too, he was given wide authority to suspend the FCC rules and to close stations or to use them as he saw fit. In September, 1939, when a state of “limited national emergency” was declared, there was speculation as to the effect that this section would have on the broadcasting industry. Certain Congressmen showed an inclination to back down from the principle of broad Presidential powers over radio. Representative Ditter's bill of 1940, enthusiastically supported by the broadcasting industry, was intended to curb the wide powers the Communications Act had conferred upon the President. This bill, never acted upon, would have added a provision that no transmitter might be confiscated or silenced because of the “character or contents of any program” or in order to permit the government to engage in or control broadcasting, except upon proclamation by the President that the United States was actually at war.Previously, Congress had enacted some legislation which is pertinent to the war. In 1932, for example, a law was passed that licenses should be issued to qualified United States citizens only, and in 1941, by a new act, the Commission was enabled to consider the character and capacity of potential licensees in order to guard against “subversive” individuals.