Special service authori- To operate with 5 kw. day- Το operate unlimited To operate synchronously To operate with power of B2-SSA-2. WWVA West Virginia To operate unlimited hours, granted Aug. 18, 1941 (expires Feb. 1, 1942). Remarks Station granted construc- This authority formerly special experimental authorization. (See also termination list for 1941.) This authority formerly special experimental authorization. Station granted construction permit June 3, 1941, for 10 kw. power, using directional antenna day and night (not yet covered by license). Station granted construc tion permit Aug. 5, 1941, for 50 kw. power and unlimited hours (not yet covered by license). 1 Special service authorization issued July 16, 1941. B3-S-130 granted Oct. 14, 1941, for same authority to expire Nov. 30, 1941. Special experimental authorizations terminated during year 1941 BROADCAST PROGRAM COMPLAINTS Mr. WIGGLESWORTH. And put in something that will show the number and disposition of any program complaints, such as you have given us before. Mr. FLY. All right. Report of program complaints handled during the period Jan. 1, 1941, to Dec. 15, 1941, NIGHTTIME POWER OF STANDARD BROADCASTING STATIONS Mr. WIGGLESWORTH. Also, I wish you would show the division of night power in kilowatts as between those stations affiliated with networks and those stations which are not so affiliated. Mr. FLY. All right, sir. Nighttime power of standard broadcast stations Dec. 1, 1941 1 Watts Nighttime power of 501 stations 1 serving as outlets for major networks. 3, 703, 000 Nighttime power of 253 stations not so serving... 174, 000 1 Approximately 50 stations operated on share-time basis; i. e., all stations sharing the same time equal one full-time station. Equalization due to that fact is reflected in the above figures. As at the end of 1938, shown on page 31 of the Commission Report on Chain Broadcasting (May 1941), the figures were 1,829,350 and 40,050 watts, respectively. There were 136 new stations added to the standard broadcast service (after deducting 36 which were deleted during the period December 31, 1938, to December 1, 1941) and practically none of those new stations served as outlets for major networks. This fact, plus the fact that many nonnetwork stations were granted power increases, accounts for the change in relative nighttime power between the years 1938 and 1941. REPORT OF FIELD INVESTIGATIONS INTO APPLICATIONS AND COMPLAINTS Mr. WIGGLESWORTH. Then, as to the investigative force: We gave you some money to look into some allegations that were made by certain lawyers awhile ago. Have you done that? Mr. FLY. Yes, sir; we have. Mr. WIGGLESWORTH. Will you indicate, when you revise your remarks, the result of that appropriation and what licenses, if any, have been revoked, or any action taken under it? Mr. FLY. All right, sir. I think all we could do on that would be to give you the cases that they worked upon. It would be hard to say, you know, that the result of the work of that force resulted in that particular action alone. Would it be all right just to give you the cases they were employed upon? Mr. WIGGLESWORTH. Yes; and the results. Mr. FLY. All right, sir. (The requested statement follows:) REPORT OF FIELD INVESTIGATIONS AND OTHER WORK CONDUCTED BY THE INQUIRY SECTION JULY 1, 1940, TO JUNE 30, 1941 During the period July 1, 1940, to June 30, 1941, the staff of the Inquiry Section conducted field investigations in connection with 25 specific applications and complaints, and general field investigations in connection with Commission Order 79 and 79 (a). The character of these investigations and the present status of Commission action on the applications, complaints, and general investigations referred to above is as follows: 1. Eleven applications for new standard broadcast stations.-Six of these applications were withdrawn with prejudice. A motion to withdraw two others was filed after 1 day of hearing. A hearing on one of these applications was pending at the end of the fiscal year.1 One application was returned because it was found defective. The remaining application has been amended and is in the pending file awaiting response to further inquiries. 2. Six applications for transfer of control of standard broadcast stations.-Revocation orders were entered against two of the licensees. Hearings on these revocation orders were held and proposed findings of fact on these hearings are pending. After the designation of one of the applications for hearing, the hearing was dismissed and the proposed transferor remained in control of the licensee. One application was withdrawn without prejudice and one was granted. One application was designated for hearing. A hearing was held and proposed findings of fact on this hearing is pending." 3. Two applications for license to cover construction permit for new standard broadcast station. Both applications were designated for hearing. Hearings were held and proposed findings of fact are pending.2 4. One application for renewal of license of standard broadcast station.-Renewal was granted. 5. Three applications for new high-frequency (FM) Broadcast Stations.-Three applications were designated for hearing. Hearings on these applications are pending.3 6. Complaint of rebates by common carrier.-The facts, as revealed by investigation, did not warrant prosecution under the act. No further action was taken. 7. Complaint of suspected pro-Nazi character of personnel and programs of a part-time standard broadcast station. The matter was brought to the attention of the Department of Justice. In connection with Commission Order 79 and 79(a), covering a general investigation into newspaper ownership of radio stations, the staff of the Inquiry Section has made a number of field investigations, investigated specific complaints relating to this order, interviewed witnesses, prepared statistical exhibits and presented this information and data to the Commission in its public hearings under this order. At the time of this report, 17 days of hearings have been held under this order during the course of which 45 witnesses have been examined, 368 exhibits have been introduced and 2,655 pages of testimony have been taken. Hearings are now adjourned until January 8, at which time counsel for various radio interests who are party to the proceedings, will present their witnesses. 1 This hearing is now going on. The matter is not completed. : These proposed findings of fact are to be issued shortly. Hearings have not been held at the time of this report. INVESTIGATION INTO NEWSPAPER OWNERSHIP OF BROADCASTING STATIONS Mr. WIGGLESWORTH. Are you still investigating newspaper ownership and superpower? Mr. FLY. The newspaper ownership is in course of hearings now before the Commission. Mr. WIGGLESWORTH. You have not gotten a report on that yet? Mr. FLY. We have not, sir. The newspaper people have not put in their testimony as yet. The superpower matter, of course, is a subject that is always under some consideration, but that is a matter that is not under intensive consideration at this moment and there are no complaints on it. Mr. WIGGLESWORTH. Am I correct that, war having been declared, the President has the right to take over any or all radio stations? Mr. FLY. Yes, sir. Mr. WIGGLESWORTH. And operate them governmentally? Mr. WIGGLESWORTH. Has there been a plan for legislation in that direction prior to the declaration of war? Mr. FLY. You mean a plan for the Government ownership of them? Mr. WIGGLESWORTH. Yes. Mr. FLY. No; quite the contrary. Every effort has been made to see that they remain in private hands. There is no such plan as that being promoted. EXPLOYEES OF COMMISSION LOANED TO CONGRESSIONAL COMMITTEES Mr. WIGGLESWORTH. Some time ago we discussed the matter of loaning the clerical force, we will say, to congressional investigating committees, or otherwise. I understand that recently certain personnel was not only loaned but was taken from the outside and placed on the rolls of your Commission, for the sole purpose of working for the Tolan Migratory Labor Control Committee. Can you state whether or not that is a fact? Mr. FLY. I think that probably happened in that case and perhaps in a couple of other cases. Mr. WIGGLESWORTH. Would you indicate for the record any instances of that character? Mr. FLY. Yes; I can. Mr. WIGGLESWORTH. And the number involved and the amount of money involved? Mr. FLY. I will give you the figures later, but at the moment I would say there are probably six or eight people on loan altogether, and they have been requested by three congressional committees. Mr. WIGGLESWORTH. Where you have taken help from the outside and put them on your rolls and let them work for them? Mr. FLY. That is right, sir, in one or two of the instances. In the others, regular employees were loaned to the committees. (The requested statement follows:) Mr. WOODRUM. I want to say right there, and I think I speak for the committee, for whatever it may be worth, that I think the committee and the Congress would very emphatically disapprove any agency putting a person on its rolls and then turning that person over to any congressional committee or anyone else. I do not think the law contemplates that. I have never seen a congressional authorization for a committee that I thought, by the wildest stretch of the imagination, could be considered in that way. What does happen and that ought not to happen, but the agency cannot be blamed for it, is that committees are sometimes given authority to ask various agencies for assistance and to detail people. I can appreciate the difficulty that an agency is in if a congressional committee asks them for an engineer, or an auditor, or a stenographer, or some assistance, but to go a step further and take people and put them on the rolls and then assign them to that committee is, to my mind, absolutely not justified. And, so far as I am concerned, and speaking only for myself, but I think I represent the view of this committee, I think you might quote this committee to any agency that has requested that and say we specifically disapprove it. And I do not see how the Comptroller General would ever pass an account of that kind. FORMER EMPLOYEES PRACTICING BEFORE THE COMMISSION Mr. WIGGLESWORTH. We talked also last year about the rule against former Commission personnel representing clients before the Commission within a 2-year period, as to matters that they had passed upon, and the allegation at that time that former Counsel Dempsey and Koplovitz, and I think former Commissioner Brown, had violated the spirit, if not the letter, of that rule. Have you had any trouble enforcing that rule during the past fiscal year? Mr. FLY. I do not think we have had any critical cases in the past year, sir. Mr. WIGGLESWORTH. You think that rules and regulations are sufficient, as distinguished from legislation, to carry out the objective? Mr. FLY. I would suppose with a strict interpretation of the rule |