be glad to furnish any additional information that may be desired by the Senate or by any committee to which this proposal is referred. The Bureau of the Budget has advised the Commission that it has no objection to the submission of this letter. GEORGE C. MCCONNAUGHEY, Hon. WARREN G. MAGNUSON, Chairman (By direction of the Commission). JUSTICE DEPARTMENT, Chairman, Committee on Interstate and Foreign Commerce, United States Senate, Washington, D. C. June 24, 1955. DEAR SENATOR: This is in response to your request for the views of the Department of Justice concerning the bill (S. 1549) to amend the Communications Act of 1934 so as to authorize the imposition of administrative fines by the Federal Communications Commission for violations of its rules and regulations, and to authorize the remission or mitigation of such fines by the Commission. The bill would redesignate the present section 503 of the Communications Act (47 U. S. C. 151, et seq.) as 503 (a) and add a new subsection 503 (b), which would impose a forfeiture (civil penalty) of $100 on any person who violates any rule or regulation issued by the Federal Communications Commission pursuant to the authority of the Communications Act which rule or regulation is made applicable to any radio station not engaged in the broadcasting services. The violation would also be imputed to the licensee of such station. Section 504 (b) of the act would be amended to provide for the remission or mitigation of the penalty that would be provided in section 503 (b), and the dismissal of any pending suit to recover such forfeiture. The sanctions provided by existing law for the above-indicated violations are (1) administrative action by the Commission looking toward the revocation (not suspension) of, or refusal to renew, a license if the licensee is an offender, and (2) criminal prosecution. Whether the bill should be enacted involves a question of policy concerning which the Department of Justice prefers not to make any recommendation. The Bureau of the Budget has advised that there is no objection to the submission of this report. Sincerely, Hon, WARREN G. MAGNUSON, WILLIAM P. ROGERS, CONSUMERS COOPERATIVE ASSOCIATION, Chairman, Committee on Interstate and Foreign Commerce, United States Senate, Washington, D. C. Their DEAR SIR: Referring to Senate bill 1549, we in the sawmill and logging industry certainly desire to cooperate with the FCC rules and regulations. technical nature, however, may cause inadvertent violations. We wish to state our desire that wording be added to this bill to include official notice that a specific violation exists before any punitive action is taken. By so doing we feel that the true objective can be realized without injury to anyone. Very truly yours, BERT THOMPSON, Manager. AIR LINE PILOTS ASSOCIATION, Hon. WARREN G. MAGNUSON, Chairman, Committee on Interstate and Foreign Commerce, United States Senate, Washington 25, D. C. DEAR SENATOR MAGNUSON: This letter is to inform you of the views of the Air Line Pilots Association, International (AFL) with respect to S. 1549, a bill to amend the Communications Act of 1934 so as to authorize the imposition of 64638-55-2 administrative fines by the Federal Communications of its rules and regulations, which bill is currentl committee, As you are undoubtedly aware, the airline pilot represented by this association, must secure a radi Federal Communications Commission in order to uti board the aircraft. Under the requirements of th Commission, the pilot is charged with the obligation ing by the necessary rules and regulations placed agency. As a deterrent to improper use of the radio is authorized to revoke the license for willful violat mission is further authorized to refer cases of a se ment of Justice for criminal prosecution. Such r have been in effect since the advent of airborne rad of our knowledge and belief, the airborne equipme by all pilots, and incidents of infraction of the Fe mission rules are practically nonexistent. Under the proposal embodied in S. 1549, the Fe mission would be granted the authority to fine a or breach of the communication rules. It is felt th would place in the hands of the field engineers of Commission the authority to process claims for 1 ticket variety and a rash of nuisance charges wou tions, it would be necessary that the accused pa legal defense in order to avoid forfeiture of such professional record as a pilot. It is inconceivable in any manner improve the safety of our flights, in view of the fine operating record over the past y Under conditions existing with our present-day ment and air-traffic requirements, the pilot is al rules and regulations to the point of overloading t also found from experience with other agencies contemplated in this legislation has an adverse ef as such creates a hazard in the industry. The safety is curtailed with resultant adverse effects o lation which tends to increase these problems clearly desirable. Consequently, we strongly oppose the passage o munications Act of 1934. Sincerely yours, Fa Hon. WARREN G. MAGNUSON, Chairman, Senate Interstate and Foreign Co SIR: We have just made a perusal of Senate bi ments. We are a scheduled airline as well as a of the isolated communities in the northern half As no wire communications exist, these people entirely upon radio communications. In many ca limited education and could not possibly comply and would not be in a financial position to be al It would seem to us that except for broadcas Alaska, which we know have been exempted by of radio are sufficiently penalized by the difficu any type of operations without adding unnecessa Very truly yours, FR 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, Re S. 1549 FCC, administrative fines. Hon. WARREN G. MAGNUSON, HENRY E. FOLEY, Counsel for Northeast Airlines, Inc. 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 I authority for the FCC field personnel to properly privileges as granted the licensee of radio station become very drastic when administered by field pe a "parking ticket" type of enforcement. While we ment of rules and regulations, such action shoul willful violations. Minor discrepancies, such as infrequent off-frequency operation, etc., are unpre are obviously not deliberate are subject to disciplin: We, therefore, believe that the proposed legislat it would be discriminatory, burdensome, and not We respectfully request that bill S. 1549 not be enacte Sincerely yours, D Re S. 1549, FCC administrative fines. Chairman, Committee on Interstate and Foreign United States Senate, Washington 25, D. C DEAR SENATOR MAGNUSON: As the licensee and aircraft radio stations and as the operator for Ae of ground radio stations, United Air Lines is vita which affects our operation. We recognize the requirement for, and are in a lation of radio station operation by the FCC. W operation in which we are involved has many s proposed legislation, unless provided with proper impose an improper burden upon our operation. Although we do not have full knowledge of the mation we have indicates that the FCC would fines on a prejudgment of guilty basis without principle to which we are unalterably opposed. It is requested, therefore, that the bill not be co mittee hearings and that in such event Aeronauti and opportunity to appear and represent our vie NORTHE Re S. 1549, FCC administrative fines. Chairman, Committee on Interstate and Fore United States Senate, Washington 25, D. DEAR SENATOR MAGNUSON: We have been infor of their opposition to bill S. 1549, covering FCC We wish to take this opportunity to express tioned bill, and are in complete accord with Ae opposition, as this could work a hardship on o cated airline. We presently have licenses covering 35 VHF S stations, 18 "H" facilities, plus 18 licensed ai compared to larger operators, but, even with th imposed for any small violation, it would run in We do not feel there is any justification fo heartedly voice our opposition, Sincerely yours, NOR R. I Vice Presiden 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, Hon. WARREN G. MAGNUSON, E. L. BARTLETT. TREE FARMERS, INC., Missoula, Mont., June 15, 1955. 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. |