1. Alaska Aviation Radio, Inc., supports the views which have been presented to this committee by Aeronautical Radio, Inc., demonstrating the legal and administrative objections to S. 1549. 2. In Alaska, radio is the sole means of communication in much of the Territory and for persons in every station of life. Assessment of $100 fines with opportunity only to prove innocence in a distant Federal court would be unrealistic and unfair. 3. The just and efficient exercise of existing sanctions together with the promulgation and administration of regulations which can be complied with is the remedy to any existing problems in Alaska. STATEMENT OF WILLIAM E. BECKER, DIRECTOR OF OPERATIONS OF THE AIR TRANSPORT ASSOCIATION Mr. BECKER. I am Bill Becker, William E. Becker, director of operations of the Air Transport Association, which is a trade association mostly of scheduled airlines. Indication was made several times today to the fact that the Civil Aeronautics Act of 1938 provided for similar provision as requested, here. You indicated and several others did to the harassment or burdensome approach that the user of the airspace, in this case the pilots, have to suffer on a civil-penalty type of deal. In that case there is a $1,000 fine permissible and it can be compromised down to $25 or whatever the Civil Aeronautics Administration feels is wise. I would like to indicate that in the case of scheduled air carriers, pilots, and their employees, all of those cases come to Washington and are dealt with out of Washington from the inspector in the field. There is an airline pilots' association which has indicated I think to this committee that there is a harassment factor which is quite high. We in the airlines are considerably concerned about it. We are working with the Department of Commerce and overriding, so to speak, the Civil Aeronautics Administration because it has not worked with us on this problem. We are now going to the Commerce Department, its parent Department, on this matter. That is why I wanted a few words here. We can submit a written letter to you. Senator PASTORE. The record will be open for the purposes of that submission. (The letter reads as follows:) AIR TRANSPORT ASSOCIATION OF AMERICA, Hon. JOHN O. PASTORE, Chairman, Communications Subcommittee, Dear Senator PASTORE: On June 21, 1955, during the hearing of the Communications Subcommittee on S. 1549, Mr. William B. Becker, of the Air Transport Association, indicated that we would furnish the committee in writing a statement as to the Civil Aeronautics Administration's administration of the civil-penalty provision of the Civil Aeronautics Act of 1938, as amended. Commissioner E. M. Webster, of the Federal Communications Commission, indicated during his testimony before the subcommittee that from the information the FCC had received from the CAA, it has used the civil-penalty sanction with "considerable success" where large groups of persons were involved and the offenses were of the so-called traffic-violation type. As chairman of the committee you expressed your concern with the forfeiture proceeding on the part of an administrative agency, as it tended to leave the alleged violator in the position of "paying the fine" as the course of least resistance, even though the alleged violator sincerely believed he was completey innocent, instead of fighting the case and proving his innocence. It has been reported to me by Mr. Becker that you likened this procedure to that of municipal or State policemen collecting traffic-violation fines in lieu of the case being heard by the appropriate judicial body. This letter is to substantiate Mr. Becker's testimony relative to the existing administration of the civil-penalty provision of the Civil Aeronautics Act of 1938. The real facts are that many pilots and other airmen employed by the scheduled airlines and required to be certificated by the Civil Aeronautics Board have found it expedient to pay the fine levied by the CAA for an alleged violation rather than "fight the case." Contrary to what impression may have been left with your committee by the FCC, the present administration of the civilpenalty provision by the CAA has, on a number of occasions, been unreasonable, burdensome, and harassing not only to the piloting and other certificated personnel, but to the airlines themselves. The procedure used is cumbersome. A lawyer must be employed if the alleged violator is to obtain any degree of justice. Frequently the alleged violator does not receive fair and unbiased treatment. I want to assure you that for these reason, if for none other, we concur completely on behalf of the scheduled certificated airlines, most of which we represent, in the testimony presented on the behalf of Aeronautical Radio, Inc., by Mr. Donald C. Beelar before your committee on June 21, 1955. The pilots, flight radio operators, and ground radio operators employed by the airlines are very well aware of the need to avoid unnecessary radio/telephone communications. As I understand it, that was well recognized by Commissioner Webster in his testimony before your committee. However, the airlines are opposed to the introduction into the aviation communications field of the "forfeiture" procedure recommended by the Federal Communications Commission. which is similar to the civil-penalty provision of the Civil Aeronautics Act. It would increase the burden of fighting alleged violations over and above that now creating difficulty in the aviation industry as the result of the CAA's present practices. We suggest, therefore, that your committee not approve S. 1549. MILTON W. ARNOLD, Senator PASTORE. I would like at this point to make the following letter a part of the hearing. SOUTHERN CALIFORNIA MARINE RADIO COUNCIL, Hon. JOHN PASTORE, Chairman, Senate Commerce Committee, United States Senate Building, Washington, D. C. DEAR SENATOR PASTORE: At the monthly meeting of the Southern California Marine Radio Council held June 1, 1955 at Long Beach, Calif., it was voted to support proposed legislation providing for less drastic penalties than those presently embodied in the Federal Communications Act and to make our organization's views known to the Senate subcommittee which you head and which is now conducting hearings on the matter. During the discussions, which preceded the voting, the following facts and comments were propounded and it is hoped that your committee will consider these during your deliberations. 1. The majority of marine radiotelephone users are decent, responsible, lawabiding citizens and violations of radio regulations by members of this group are committed largely through ignorance or carelessness. Imposing the full penalties of the Federal Communications Act against minor offenders of this type is as impratical, unwarranted and unwieldy as trying to use a piledriver for a flyswatter. 2. Just as there are some motorists who will cut in and out of their prescribed lanes of traffic and even drive on the wrong side of the street when traffic becomes congested, there are, likewise, a few "swinish" radiotelephone users, who will deliberately jump channel and transmit on whatever frequency they please with complete disregard for the rights and safety of others, even to the extent of blocking 2182 kilocycles, the international calling and distress frequency. To further show their contempt for law, order and decency, they sometimes indulge in profane and obscene language. They will usually try to hide their identity by failing to use the proper call signs. However, even if they should be caught, they feel secure in the belief that the very ponderosity of the Federal Communications Act will ensure their immunity from effective punishment. 3. We members of the Southern California Marine Radio Council, all users. of marine radiotelephony in this great boating area, have no wish to bring down upon our heads a hornet's nest of harassing and expensive fines for trivial violations. Nevertheless, it is our hope that your committee will succeed. in devising a system of reasonable and equitable penalties capable of such practical application as to keep us reminded of our responsibilities, and keep the few willful violators in line. We are keenly aware that upon occasion efficient radio communication may mean the difference to us between life and death. Respectfully yours, HOWARD HILL, Chairman. Senator PASTORE. Does anybody else want to be heard on this bill? If not, that concludes the hearing. (Thereupon, at 1: 10 p. m., the hearing was concluded.) BILLS PEADING ROOM HEARING BEFORE A SUBCOMMITTEE OF THE UNITED STATES SENATE EIGHTY-FOURTH CONGRESS FIRST SESSION ON H. R. 5875 A BILL TO AMEND TITLE 14, UNITED STATES CODE, ENTITLED S. 1834 A BILL TO AUTHORIZE CERTAIN RETIRED COMMISSIONED OFFICERS JULY 1, 1955 Printed for the use of the Committee on Interstate and Foreign Commerce 64933 UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1955 |