Hon. WARREN G. MAGNUSON, NORTHERN CONSOLIDATED AIRLINES, INC., Chairman, Senate Interstate and Foreign Commerce Committee, Washington 25, D. C. DEAR SIR: Reference S. 1549-FCC administrative fines. I have been requested by the management of Northern Consolidated Airlines, Inc. to write to you stating our opposition to the enactment of the above described bill S. 1549. Northern Consolidated Airlines, Inc. is a scheduled certificated Alaskan air carrier operating solely within the Territory of Alaska. We are the licensee of a fleet aircraft radio license for 25 aircraft, several ground radio stations, and an incorporating member of Alaska Aviation Radio, Inc., which is licensee of numerous aeronautical radio stations in the Territory of Alaska. Northern Consolidated Airlines, Inc. is opposed to subject legislation which we consider to be defective in substance and deficient in procedural safeguards which are essential to this drastic type of Federal Communications Commission's action. Very truly yours, Re S. 1549. Hon. WARREN G. MAGNUSON, EARLE L. GRANDISON, Superintendent of Communications. FOLEY, HOAG & ELIOT, Chairman, Committee on Interstate and Foreign Commerce, United States Senate, Washington 25, D. C. DEAR SENATOR MAGNUSON: Northeast Airlines, Inc., licensee of certain aircraft radio stations in its airline operations, wishes to record its opposition to the enactment of Senate bill 1549 proposing a further amendment to the Communications Act of 1934. The bill broadly seeks to impose a mandatory forfeiture, in addition to any other penalty prescribed by law, in the event of a violation of any rule or regulation made by the Federal Communications Commission. There is no limitation in the proposed bill that forfeitures be imposed only on account of willful violations as under sections 362b and 507b of title 47 of the United States Code, nor is the application of the bill restricted to specified conduct in violation of rules or regulations as under sections 362a and 507a. Moreover, the proposed forfeiture is harshly imposed not only on the person who has committed the violation but even on the party who is the licensee of the station where the violation occurs and who is presumably innocent of any violation. Imposition of a $100 forfeiture, in addition to subjecting violators to the other penalties and sanctions prescribed by law, seems unjustified and unnecessary under these circumstances. In addition, the absence of the usual procedural safeguards before a forfeiture is determined makes the proposal unduly burdensome. The mere right to apply for remission or mitigation of the forfeiture to the complete discretion of the very commission which imposed the forfeiture obviously affords no real protection. Very truly yours, HENRY E. FOLEY, Counsel for Northeast Airlines, Inc. 1 Re S. 1549 FCC, administrative fines. Hon. WARREN G. MAGNUSON, NORTHWEST AIRLINES, INC., Chairman, Committee on Interstate and Foreign Commerce, United States Senate, Washington 25, D. C. DEAR SENATOR MAGNUSON: Northwest Airlines, Inc., as a member of Aeronautical Radio, Inc., through whom we receive aeronautical communications services, and as operator and owner of the airborne radio stations aboard all aircraft operated by Northwest Airlines, hereby requests that your committee record its opposition to the enactment of bill S. 1549. It is our contention that the present FCC laws provide sufficient regulatory authority for the FCC field personnel to properly enforce the regulations and privileges as granted the licensee of radio stations. The proposed bill could become very drastic when administered by field personnel, and would become a "parking ticket" type of enforcement. While we have no objection to enforcement of rules and regulations, such action should be directed only against willful violations. Minor discrepancies, such as overmodulation, harmonics, infrequent off-frequency operation, etc., are unpredictable, and offenses which are obviously not deliberate are subject to disciplinary action under bill S. 1549. We, therefore, believe that the proposed legislation is unnecessary and that it would be discriminatory, burdensome, and not produce any public benefits. We respectfully request that bill S. 1549 not be enacted into law. Sincerely yours, Re S. 1549, FCC administrative fines. DONALD W. NYROP. UNITED AIR LINES, Denver 7, Colo., May 13, 1955. Chairman, Committee on Interstate and Foreign Commerce, United States Senate, Washington 25, D. C. DEAR SENATOR MAGNUSON: As the licensee and operator of approximately 200 aircraft radio stations and as the operator for Aeronautical Radio of a number of ground radio stations, United Air Lines is vitally concerned with legislation which affects our operation. We recognize the requirement for, and are in agreement with, adequate regulation of radio station operation by the FCC. We feel, however, that the type operation in which we are involved has many special problems and that the proposed legislation, unless provided with proper procedural safeguards, could impose an improper burden upon our operation. Although we do not have full knowledge of the proposed legislation, the information we have indicates that the FCC would be given authority to impose fines on a prejudgment of guilty basis without due process of law. This is a principle to which we are unalterably opposed. It is requested, therefore, that the bill not be considered in the absence of committee hearings and that in such event Aeronautical Radio, Inc., be given notice and opportunity to appear and represent our views with regard to S. 1549. Re S. 1549, FCC administrative fines. J. R. CUNNINGHAM, Director of Communications. NORTH CENTRAL AIRLINES, INC.. Chairman, Committee on Interstate and Foreign Commerce, United States Senate, Washington 25, D. C. DEAR SENATOR MAGNUSON: We have been informed by Aeronautical Radio, Inc., of their opposition to bill S. 1549, covering FCC administrative fines. We wish to take this opportunity to express our opposition to the aforementioned bill, and are in complete accord with Aeronautical Radio, Inc. and their opposition, as this could work a hardship on ourselves and every other certificated airline. We presently have licenses covering 35 VHF stations, 3 HF stations, 2 portable stations, 18 "H" facilities, plus 18 licensed aircraft. This is a small amount compared to larger operators, but, even with this amount, if a flat fine could be imposed for any small violation, it would run into a considerable sum. We do not feel there is any justification for this proposed bill, and wholeheartedly voice our opposition. Sincerely yours, NORTH CENTRAL AIRLINES, INC., R. H. BENDIO, Vice President, Maintenance and Engineering. CONGRESS OF THE UNITED STATES, HOUSE OF REPRESENTATIVES, Hon. JOHN O. PASTORE, Chairman, Subcommittee on Communications, Committee on Interstate and Foreign Commerce, United States Senate, Washington, D. C. DEAR SENATOR PASTORE: Reference is made to S. 1549 which, I understand, was referred to your subcommittee on March 25. In connection with that legislation I am quoting here for use of the subcommittee at such time the measure may be considered a letter dated May 27 which I have received from Mr. Fritz Wien, operations manager, Wien Alaska Airlines, Inc., Fairbanks, Alaska: "We have just made a perusal of S. 1549 and wish to offer our comments. We are a scheduled airline as well as a bush airline and service most of the isolated communities in the northern half of Alaska. "As no wire communications exist, these people living in the bush are dependent entirely upon radio communications. In many cases these people are natives with limited education and could not possibly comply with all regulations as written, and would not be in a financial position to be able to stand such fines. "It would seem to us that except for broadcasting stations in the Territory of Alaska, which we know have been exempted by the proposed bill, all other users of radio are sufficiently penalized by the difficulties of getting radio service for any type of operations without adding unnecessary burdens." Sincerely yours, E. L. BARTLETT. TREE FARMERS, INC., Missoula, Mont., June 15, 1955. Hon. WARREN G. MAGNUSON, Chairman, Committee on Interstate and Foreign Commerce, United States Senate, Washington, D. C. DEAR SENATOR MAGNUSON: As a user of two-way radio and an FCC licensee please allow me to object to the wording of Senate bill 1549. As proposed, the bill is extremely abritrary. May I suggest the following addition to subsection (b) of section 503 of the act: "Provided, however, no forfeiture shall be declared until ten days have passed after official notice has been given that the specific violation exists and if the violation still persists, or the notice is not adequately answered." We find two-way radio an almost indispensable tool in our work and would certainly not like to see arbitrary power given to anyone who could revoke our license with no notice whatever. Very truly yours, W. C. HODGE. FOREST INDUSTRIES RADIO COMMUNICATIONS, Re S. 1549, FCC Administrative Fines. Hon. WARREN G. MAGNUSON, Chairman, Committee on Interstate and Foreign Commerce, United States Senate, Washington, D. C. DEAR SENATOR MAGNUSON: Forest Industries Radio Communications is an association of two-way mobile radio licensees employing their own private radio communications in woods activities in the lumber, logging, and pulp and paper industry in the United States. Radio is used in connection with administrative activities in this field and as an aid in rapid detection and suppression of woods fires. It is used in the main beyond landlines in an area type of communication coverage. It serves as a link between crews in the woods and outside contacts in case of accident to life or property. The radio committee of the industry opposes the proposed legislation in this subject bill as basically unsound, in that it would place in the hands of the Commission and its staff the power to make and police the law and at the same time put the Commission in the position to act as judge and jury. The service licensees are not insensitive to the problems arising within the Commission when viewed from an administrative standpoint. In fact, I find them somewhat sympathetic with the Commission's objective in this matter. Due, however, to the extremely technical nature of FCC rules and regulations in the mobile services, few understand and can obey every letter of the law. It is only fair and reasonable that the proposed amendment provide for a delaying factor of some type between discovery of an infraction by the inspector and the levying of the forfeiture. Without such a provision, any field inspector that was unreasonable in his technical interpretation, could create an untold amount of expense to the Government and to the licensee without having accomplished any useful purpose by his action. The radio committee would favor a bill with the following wording added to subsection (b) of section 503 of the act: "provided, however, no forfeiture shall be declared until ten days have passed after official notice has been given that the specific violation exists and if the violation still persists, or the notice is not adequately answered." Forest Industries Radio Communications is opposed to enactment of this bill in its present form. Very truly yours, ROBERT W. OLIN, Chairman. NATIONAL LOGGING CO., INC., Beaver, Wash., June 16, 1955. Hon WARREN G. MAGNUSON, Chairman, Committee on Interstate and Foreign Commerce, United States Senate, Washington, D. C. DEAR SIR: We wish to urge your consideration of Senate bill 1549 and H. R. 5613 from the point of view of the average user of two-way radio in the everyday operation of a logging business. The FCC rules are numerous and of necessity extremely technical and we have difficulty in understanding them at best. Undoubtedly the FCC has many problems and to insure the greatest service to all concerned regulations are necessary. We believe that a penalty must be exacted on those who continually break these regulations. But the average individual using radio in our business only receives instructions on the basic usage of the set. Therefore, it seems that when we break any of the rules we should be entitled to a warning before we are penalized. We suggest the radio committee's proposal be followed whereby the following wording would be added to subsection (b) of section 503 of the act: "provided, however, no forfeiture shall be declared until ten days have passed after official notice has been given that the specific violation exists and if the violation still persists, or the notice is not adequately answered." Very truly yours, CHARLES C. KIRKWOOD, [Telegram] LEWISTON, IDAHO, June 23, 1955. Hon. WARREN G. MAGNUSON, Chairman, Committee on Interstate and Foreign Commerce, United States Senate, Washington, D. C.: At our quarterly meeting June 21, we discussed S. 1549 and H. R. 5613 authorizing imposition of administrative fines by the FCC. Several of our members use mobile radio in various logging and forest fire control activities. FCC rules are voluminous and technical. Inspectors might find minor infractions which are entirely unintentional as this class of user is not professional radio personnel. In fairness to all we feel a provision should be added providing for at least a 10-day notice of the specific violation be given to afford time for correction before a forfeiture or fine could be assessed. NORTH IDAHO FORESTRY, ASSOCIATION, BROWNSVILLE SHRIMP PRODUCERS ASSOCIATION, Hon. JOE M. KILGORE, Congressman, 15th Texas District, House of Representatives, Washington, D. C. DEAR CONGRESSMAN KILGORE: Enclosed herewith please find copy of resolution adopted by the Brownsville Shrimp Producers Association at its meeting on June 14, 1955. We will appreciate whatever you may be able to do in support of the views set out in such resolution. Very truly yours, STATE OF TEXAS, County of Cameron, ss: BROWNSVILLE SHRIMP PRODUCERS ASSOCIATION, By D. A. VERSAGGI, President. Whereas the members of the Brownsville Shrimp Producers Association, an organization of boatowners of Brownsville, Port Isabel, and Cameron County, Tex., deem it to be to their best interest that there be effective enforcement of proper rules and regulations governing the use of marine radios on all vessels and have endeavored to cooperate in securing such enforcement; and Whereas existing United States laws are believed designed to primarily regulate radio stations and to have been largely enacted before the advent of the thousands of radios now in use on small craft and other vessels and to be unrealistic in their application to small boats; and Whereas the owner of a shrimp trawler or other fishing boat is generally not the person in control of such vessel or of its radio, as when said boat leaves the dock the master of such vessel is in complete control thereof, and the master also generally exercises control of the boat and its radio even while in port, and despite the fact the owner earnestly desires that all rules and regulations be observed there is usually little he can do as a practical matter to insure such observance, and consequently responsibility for the enforcement of such rules and regulations should be placed on the master of the vessel, and the owner and the vessel itself should not be held liable for violations; and Whereas the penalties now prescribed by law for violations of the use of marine radios are believed to be too severe and do not lend themseves to practical application and the machinery for applying such penalties is deemed to be cumbersome and impracticable; and Whereas it is believed the enforcement of such rules and regulations by the Federal Communications Commission would be greatly enhanced in effectiveness by the adoption of a system of administrative fines for violations of such rules and regulations: Now, therefore, be it Resolved by the Brownsville Shrimp Producers Association (in regular meeting duly assembled at Brownsville, Tex., this 14th day of June 1955, a quorum being present and voting, on motion duly made by W. L. Hardee, seconded by Sam Snodgrass, and unaniously carried), That both United States Senators and the Representatives in the United States Congress, particularly from the coastal areas of Texas, be urged to strongly support all legislation in the United States Congress amending the law in accordance with the above views, and that copies of this resolution be sent to said Senators and such Representatives. In testimony whereof, said Brownsville Shrimp Producers Association has caused this resolution to be signed by its president and attested by its secretarytreasurer this 14th day of June 1955. BROWNSVILLE SHRIMP PRODUCERS ASSOCIATION, By D. A. VERSAGGI, President. Attest: [SEAL] Hon. WARREN G. MAGNUSON, JOHN R. HARDEE, Jr. UNITED STATES SENATE, June 30, 1955. Chairman, Senate Interstate and Foreign Commerce Committee, United States Senate, Washington, D. C. MY DEAR SENATOR: A good and substantial citizen of my State, Mr. George W. Beardmore, secretary, North Idaho Forestry Association, has expressed his strong opposition to S. 1549, which is pending before your committee. I should |