Communications Act of 1934, as amended, so as to require that certain vessels carrying passengers for hire be fitted with radiotelephone installations. In the report which the Federal Communications Commission has submitted to your committee, it recommends that consideraiton be given to a statutory lower limit on the types of vessels which would be covered by the bill. In this connection, the report points out that existing radio laws and treaties provide such lower limits. While the Bureau of the Budget endorses the objective of increasing maritime safety and would have no objection to legislation along the lines of H. R. 7536, it recommends that the bill include a statutory lower limit, similar to that in existing law. Such a lower limit should minimize costs and expedite administration, while at the same time substantially meeting the objectives of the bill. Sincerely yours, PERCY RAPPAPORT, Assistant Director. Hon. J. PERCY PRIEST, FEDERAL COMMUNICATIONS COMMISSION, Chairman, Committee on Interstate and Foreign Commerce, DEAR CONGRESSMAN PRIEST: This is in reply to your committee's request for the Commission's comments on H. R. 7536, a bill to amend the Communications Act of 1934, as amended, so as to require that certain vessels carrying passengers for hire be fitted with radiotelephone installations. Enclosed are copies of the Commission's comments concerning this bill. In view of the fact that your committee has urgently requested submission of these comments, we are transmitting them to you without having obtained prior clearance from the Bureau of the Budget. However, copies of our comments have been sent to the Bureau of the Budget. The Commission will be pleased to furnish any additional information or comments concerning this proposal which your committee may desire. Sincerely yours, ROBERT T. BARTLEY, Acting Chairman. COMMENTS OF THE FEDERAL COMMUNICATIONS COMMISSION ON H. R. 7536, A BILL TO REQUIRE CERTAIN VESSELS CARRYING PASSENGERS FOR HIRE TO BE FITTED WITH RADIOTELEPHONE INSTALLATIONS 1. H. R. 7536 would amend the Communications Act of 1934, as amended, by addition of a new part III to title III so as to require United States vessels transporting one or more passengers for hire and navigating in the open sea or on any tidewater within the jurisdiction of the United States adjacent or contiguous to the open sea, to carry a radiotelephone installation meeting requirements of the Commission. The law would not apply to vessels equipped with radio installations complying with title III, part II of the act or the radio requirements of the Safety Convention. 2. Obviously, the intended purpose of the bill is to further the use of radio for safety purposes by requiring certain United States vessels not already compelled to be equipped with radio installations but who carry passengers for hire to be equipped with radiotelephone equipment. 3. The Commission's studies of ship distress cases show that radiotelephone installations, such as would be required by the bill, have demonstrated their usefulness for safety purposes many times in emergency situations which occur on the open sea as well as on inland waters. The Commission is, therefore, of the opinion that legislation such as proposed would serve the purposes of safety. However, the Commission wishes to make certain observations which may be of assistance in consideration of the bill. 4. The bill provides no lower limit as to the size of the vessels which would be affected other than the ability to carry at least one passenger. Comparable lower limits in existing compulsory radio laws and treaties are as follows: (a) Title III, part II, of the Communications Act and the Safety of Life at Sea Convention, 1948, are made applicable to passenger ships carrying or certificated to carry more than 12 passengers in the open sea or on international Voyages. (b) The agreement between the United States and Canada for promotion of safety on the Great Lakes by means of radio is made applicable to vessels of more than 65 feet in length transporting persons for hire. In view of the lack of lower limits, as explained above, the bill would apply to a great number of relatively small boats. Some of those may be so small or may be navigated in such circumstances that suitable radio installations may be impracticable or may not be effective due to the lack of other radio stations in the vicinity with which to communicate to obtain assistance. Although such cases may be handled by suitable use of the relatively broad exemption provisions included in the bill, an appropriate lower limit might, it is believed, be statutorily established by confining the application of the bill to vessels required to be certificated by the Coast Guard to carry passengers for hire. Such a lower limit would facilitate administration and avoid application of the requirements to vessels under 15 gross tons. 5. The bill does not specifically require a qualified radio operator. Title III, part II of the Communications Act of 1934, as amended, the Safety of Life at Sea Convention, and the Great Lakes agreement, each specify that in addition to the required radio installation, there also must be provided a qualified radio operator. Despite the failure of the instant bill to make a similar specific provision, it is believed that the Commission has sufficient authority under the existing section 318 of the act, which deals with radio operators for radio stations in general, as well as under the proposed section 384, to take appropriate action in this regard. 6. It is further noted that the bill does not make specific provision for watch or listening requirements. Although other compulsory radio laws have uniformly provided expressly for this aspect of a marine radio safety system, it is again believed that authority which the Commission has under existing provisions of the Communications Act, as well as under the provisions of the instant bill, will suffice in this regard. 7. The Commission foresees no problems in administering such legislation as proposed except that engendered by the addition of numerous ship radio stations which the Commission must regulate and inspect to effect compliance. While the Commission has no precise data upon which to estimate the number of vessels that would be compelled to carry radio under the proposed legislation, it is believed that it would add in the order of 7,000 United States vessels as compared with approximately 1,800 United States vessels which are presently compulsorily equipped. It is further believed that a considerable number of such vessels would be located in Alaska, other Territories of the United States, and locations in the continental United States where there are either no inspection facilities or where existing facilities would not be sufficient to do the job. Effective enforcement and administration of the legislation as proposed would, therefore, not be possible without a substantial increase in the Commission's regulatory and field inspection personnel and faciilties. [H. R. 7789, 84th Cong., 1st sess.] A BILL To amend the Communications Act of 1934, as amended, so as to require that certain vessels carrying passengers for hire be fitted with radiotelephone installations Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title III of the Communications Act of 1934, as amended, is hereby amended by adding at the end thereof the following new part: "PART III-RADIO INSTALLATIONS ON VESSELS CARRYING PASSENGERS FOR HIRE "SEC. 381. Except as provided in section 382, it shall be unlawful for any vessel of the United States, transporting any passenger or passengers for hire, to be navigated in the open sea or on any tidewater within the jurisdiction of the United States adjacent or contiguous to the open sea, unless such ship is equipped with an efficient radiotelephone installation in operating condition. "SEC. 382. The provisions of this part shall not apply to "(1) vessels which are equipped with a radio installation in accordance with the provisions of part II of title III of this Act, or in accordance with the radio requirements of the Safety Convention; and "(2) vessels of the United States belonging to and operated by the Government, except a ship of the United States Maritime Administration, the Inland and Coastwise Waterways Service, or the Panama Railroad Company. "SEC. 383. The Commission may exempt from the provisions of this part any ship or class of ships if it considers that the route or conditions of the voyage, or other circumstances, are such as to render a radio installation unreasonable, unnecessary, or ineffective, for the purposes of this Act. "SEC. 384. The Commission shall have authority for any ship subject to this part (1) to specify operating and technical conditions and characteristics including frequencies, emissions, power, communication capability and range, of installations required by reason of this part; (2) to approve the details as to the location and manner of installation of the equipment required by this part or of equipment necessitated by reason of the purposes and requirements of this part; (3) to approve installations, apparatus, and spare parts necessary to comply with the purposes and requirements of this part; (4) to prescribe such additional equipment as may be determined to be necessary to supplement that specified herein for the proper functioning of the radio installation installed in accordance with this part or for the proper conduct of radio communication in time of emergency or distress. "SEC. 385. The Commission shall make such inspections as may be necessary to insure compliance with the requirements of this part. "SEC. 386. The following forfeitures shall apply to this part in addition to penalties and forfeitures provided by title V of this Act: "(a) Any vessel of the United States that is navigated in violation of the provisions of this part or of the rules and regulations of the Commission made in pursuance thereof shall forfeit to the United States the sum of $500 recoverable by way of suit or libel. Each day during which such navigation occurs shall constitute a separate offense. "(b) Every willful failure on the part of the master of a vessel of the United States to enforce or to comply with the provisions of this part or the rules and regulations of the Commission made in pursuance thereof shall cause him to forfeit to the United States the sum of $100." SEC. 2. Section 504 (b) of the Communications Act of 1934, as amended, is amended by deleting "part II of title III and section 507" and inserting in lieu thereof "parts II and III of title III and section 507." SEC. 3. Section 3 (y) (2) is amended by deleting "part II of title III" and inserting in lieu thereof "parts II and III of title III.” SEC. 4. The amendments made herein shall take effect June 1, 1956. [H. J. Res. 138, 84th Cong., 1st sess.] JOINT RESOLUTION Limiting the height of certain radio and television antenna towers Whereas due to the rapid growth of military and civil aviation and of the radio and television broadcasting industry the navigable air space of the United States has become a vanishing national resource; and Whereas the continued orderly growth and development of military and civil aviation and of the radio and television broadcasting industry is vital to our national economy and national defense, and should be encouraged; and Whereas this growth and development will result in continually increased congestion in the navigable air space due to the ever larger number of military and civil aircraft operating in the air space, and due to the erection into that air space of an increasing number of antenna towers, of increasing heights; and Whereas the national economy and national defense require the establishment by the Federal Government of a policy designed to minimize the hazards to air navigation, and the possibility of damage to said antenna towers, resulting from this increased use and occupancy of the air space: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal Communications Commission shall not grant a license for the construction of a radio or a television station using an antenna tower extending over one thousand feet above the ground, and shall not renew the license for such a station, unless the Commission makes a special finding, after due consideration of the views and recommendations of the Department of Defense, the Civil Aeronautics Administration, the Air Coordi nating Committee, and any other interested party, that such tower, due to being shielded by existing obstructions, or for other reasons, is not a hazard to air navigation. [H. J. Res. 139, 84th Cong., 1st sess.] JOINT RESOLUTION Limiting the height of certain radio and television antenna towers Whereas due to the rapid growth of military and civil aviation and of the radio and television broadcasting industry the navigable air space of the United States has become a vanishing national resource; and Whereas the continued orderly growth and development of military and civil aviation and of the radio and television broadcasting industry is vital to our national economy and national defense, and should be encouraged; and Whereas this growth and development will result in continually increased congestion in the navigable air space due to the ever larger number of military and civil aircraft operating in the air space, and due to the erection into that air space of an increasing number of antenna towers, of increasing heights; and Whereas the national economy and national defense require the establishment by the Federal Government of a policy designed to minimize the hazards to air navigation, and the possibility of damage to said antenna towers, resulting from this increased use and occupancy of the air space: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal Communications Commission shall not grant a license for the construction of a radio or a television station using an antenna tower extending over one thousand feet above the ground, and shall not renew the license for such a station, unless the Commission makes a special finding, after due consideration of the views and recommendations of the Department of Defense, the Civil Aeronautics Administration, the Air Coordinating Committee and any other interested party, that such tower, due to being shielded by existing obstructions, or for other reasons, is not a hazard to air navigation. FEDERAL COMMUNICATIONS COMMISSION, Hon. J. PERCY PRIEST, Chairman, Committee on Interstate and Foreign Commerce, House of Representatives, Washington, D. C. DEAR CONGRESSMAN PRIEST: This is in reply to your committee's request for Commission comments concerning House Joint Resolution 138 limiting the height of certain radio and television antenna towers. The Commission's comments concerning this proposal are enclosed. The Commission will be pleased to furnish any further information or comments concerning this matter that your committee may desire. The Bureau of the Budget has informed us that it has no objection to the submission of these comments to your committee. Sincerely yours, GEORGE C. MCCONNAUGHEY, Chairman. COMMENTS OF THE FEDERAL COMMUNICATIONS COMMISSION ON HOUSE JOINT RESOLUTION 138 LIMITING THE HEIGHT OF CERTAIN RADIO AND TELEVISION ANTENNA TOWERS House Joint Resolution 138 would prohibit the Federal Communications Commission from granting a construction permit or a renewal of license for a radio or television station using an antenna tower extending over 1,000 feet above the ground, unless the Commission, after considering the recommendations of the Department of Defense, the Civil Aeronautics Administration, the Air Coordinating Committee, and any other interested party made a special finding that such tower was not a hazard to air navigation, due to being shielded by existing obstructions, or for other reasons. This Commission now has authority, pursuant to the provisions of the Communications Act of 1934, as amended, to deny applications for licenses which involve construction of towers which would constitute a menace to air navigation and to require marking and lighting such towers. Section 303 (q) of the Communications Act gives the Commission specific authority to require the painting and/or illumination of radio towers where they may constitute a menace to air navigation. Moreover, the question of hazards to air navigation is clearly one element of public interest which sections 307, 309, and 319 of the Communications Act direct the Commission to consider in granting applications for licensees and construction permits. The Commission's authority to deny applications which would involve the construction of radio antenna towers that would constitute a menace to air navigation was specifically upheld in the case of Simmons v. Federal Communications Commission (79 App. D. C. 264, 145 F. 2d 578), where the Court of Appeals stated (79 App. D. C. at 264): "We think that public convenience, interest, and necessity clearly require the Commission to deny applications for construction which would menace air navigation." Pursuant to its statutory powers and duties, the Commission has promulgated rules which prescribe certain procedures and standards with respect to the Commission's consideration of proposed antenna structures which are designed to serve as a guide to persons intending to apply for radio station licenses. These rules are contained in part 17 of the Commission's Rules and Regulations, a copy of which is enclosed, and were formulated in conjunction with the Civil Aeronautics Administration, the Department of Defense, other Government agencies, and the radio industry after exhaustive consideration of all facets of the problem and in light of many years of experience in this field by the parties concerned. We would also like to point out that an Industry-Government Committee, representing all interested segments of industry and Government has recently been established by the Air Coordinating Committee, to review part 17 of the Commission's Rules and determine whether it should be amended or amplified in light of changing conditions in both the aviation and broadcasting industries. In accordance with part 17 of the Commission's Rules, proposed antenna structures, which in light of the criteria set forth in the rules require aeronautical study, are referred by the Commission to the airspace subcommittee of the Air Coordinating Committee for its recommendation as to whether a proposed tower, will constitute a menace to air navigation. The voting members of the airspace subcommittee are representatives of various Government agencies. However, it should be pointed out that, while the Commission is a member of the airspace subcommittee, the Commission's members do not, as a matter of policy, vote on cases involving radio antenna towers. Representatives of the aviation industry sit on the subcommittee but do not have a vote. It is important to note that while the airspace subcommittee makes recommendations with respect to proposed antenna structures, the final determination as to whether an application must be denied because it proposes a tower which will be a menace to air navigation must necessarily be made by this Commission in accordance with its statutory duties. If the airspace subcommittee recommends denial of an application, and no adjustment satisfactory to both the subcommittee and the applicant can be reached, the applicant must be afforded a hearing as specified by section 309 (b) of the Communications Act. The existing procedures with respect to radio antenna towers have, in the Commission's view, been functioning in a satisfactory manner. In almost all of the cases the radio and aviation interests have been able to reach a satisfactory accommodation of their respective interests without requiring the Federal Communications Commission to consider the matter formally. In some three recent cases, where this has not proven to be the case, the Washington airspace subcommittee has, by a majority of those members voting, recommended against approval of particular sites which had been applied for. Two of these cases have been designated for hearing to determine whether a grant of the applications would be in the public interest in view of the proposed antenna site, and, in the third case, the Commission has initiated action under the provisions of section 309 (b) of the Communications Act looking toward such a hearing. And in no case to date has the Commission ever authorized the construction of an antenna tower which had been recommended for denial by the Washington airspace subcommittee, though, of course, it reserves the right to do so should it be determined after hearing that the overall public interest would be served thereby. The Commission believes that one of the important reasons for the satisfactory functioning of the present procedures is the fact that it recognizes the public interest in having antenna towers of sufficient height to assure adequate radio and television reception, as well as the public interest in providing for safe air transportation. In this respect it is emphasized that the Table of Television Allocations promulgated by the Commission, and designed to provide the United |