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General Order 32

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The Federal Radio Commission's (FRC) General Order 32, dated May 25, 1928, notified 164 of the over 600 existing U.S. radio stations that their applications for continued operation would be denied unless they showed that they met the FRC's "public interest, convenience, or necessity" standard. The result was the elimination of more than 60 stations, plus numerous power reductions, that somewhat reduced the congestion of the broadcast band, in preparation for implementation of the General Order 40 reallocation later that year.

Background

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Radio transmissions in the United States were originally regulated by the Department of Commerce, as authorized by the Radio Act of 1912. The first formal regulations governing broadcasts intended for the general public were adopted effective December 1, 1921. This initially established just two transmitting wavelengths — 360 meters (833 kHz) for "entertainment" broadcasts, and 485 meters (619 kHz) for "market news and weather reports".[1] The number of broadcasting stations grew dramatically in 1922, reaching over 500 by the end of the year, and the government began making available additional frequencies. By November 1924 a band of frequencies, from 550 to 1500 kHz, had been established, with higher-powered stations, known as "Class B", assigned to the frequencies from 550 to 1070, while lower-powered "Class A" stations were assigned to 1080 to 1500.[2]

In 1926, the government's regulatory authority under the 1912 Radio Act was successfully challenged, and, for a chaotic period that lasted until early 1927, radio stations were free to use any frequency and power they chose, while the number of stations increased to 732. To rectify the matter, Congress passed the Radio Act of 1927, which was signed into law by President Calvin Coolidge on February 23, 1927. The Act adopted a standard that radio stations had to be shown to be "in the public interest, convenience, or necessity".[3] The FRC started reducing the number of stations, beginning with eliminating "temporary" and "portable" stations.[4][5]

Two technical issues limited the number of stations that could operate without interfering with each other. These issues were especially important at night, when a change in the ionosphere meant that radio signals traveled much greater distances. Most transmitters at this time were unable to precisely control their output frequencies, thus, signals from two stations operating on the same nominal frequency would combine to make a high-pitched "heterodyne" tone that interfered with the reception of both stations.[6] Secondly, directional antennas would not be developed until the first installation at WFLA-WSUN in Tampa, Florida in early 1932, so there was no effective method for limiting signals in a given direction.[7]

An additional requirement was that the station assignments meet the standards of the Davis Amendment, a provision attached to the March 28, 1928 reauthorization of the Radio Act of 1927, which mandated an "equality of radio broadcasting service" within the United States. It specified an "equitable allocation" among five regional zones, in addition to assignments proportional to population among the states within each zone.[8]

General Order 32 provisions

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Five U.S. zones used to help ensure stations were equally allocated as required by the Davis Amendment

Following the establishment of the Federal Radio Commission, starting on May 3, 1927 existing stations were initially issued a series of temporary authorizations.[9] The FRC conducted a review and census of the existing stations, then notified them that if they wished to remain on the air they had to file a formal license application by January 15, 1928, as the first step in determining whether they met the new "public interest, convenience, or necessity" standard.[10]

General Order 32[11] was used to notify 164 stations that they had been identified as questionable in meeting this new standard. The following, dated May 25, 1928, was sent to these stations:

Dear Sir: Please note copy of attached Order No. 32 in which the commission has extended your present license for a period of 60 days. From an examination of your application for future license it does not find that public interest, convenience, or necessity would be served by granting it. The commission has fixed the date for hearing on this application on July 9, at 10 o'clock a.m. in its offices at Washington, D. C.
    At this hearing, unless you can make an affirmative showing that public interest, convenience, or necessity will be served by the granting of your application, it will be finally denied.[12]

The table below reviews the stations included in the General Order 32 notifications. The focus was on the most congested regions, especially around the Chicago and New York City areas. No stations from the sparsely populated Zone 3 were included. On the table, the Elimination Notes column records cases where stations were ultimately eliminated, either through deletion, by surrendering their licenses, or by consolidation with other stations.[12] Stations with a blank Elimination Notes entry were found to meet the new "convenience, interest, and necessity" standard, and were relicensed.

General Order 32 notifications (May 25, 1928)
Zone Call Sign Location Elimination Notes
1 WIBS Elizabeth, New Jersey
1 WBMS Union City, New Jersey
1 WKBQ New York, New York
1 WKBO Jersey City, New Jersey
1 WSGH-WSDA Brooklyn, New York
1 WWRL Woodside, New York
1 WGCP Newark, New Jersey
1 WLBX Long Island City, New York
1 WLBH Farmingdale, New York
1 WINR Bay Shore, New York
1 WHPP Englewood Cliffs, New Jersey
1 WLBM Cambridge, Massachusetts Surrendered license[13]
1 WRAH Providence, Rhode Island Deleted August 1, 1928 (failure to appear)[14]
1 WTRL Midland Park, New Jersey Deleted September 1, 1928[15]
1 WBES Takoma Park, Maryland
1 WRES Quincy, Massachusetts Deleted August 1, 1928 (failure to appear)[14]
1 WAIT Taunton, Massachusetts Deleted August 1, 1928 (failure to appear)[14]
1 WIBI Flushing, New York Deleted August 1, 1928 (failure to appear)[14] (WGOP)
1 WRSC Chelsea, Massachusetts
1 WCON Danbury, Connecticut Deleted August 1, 1928 (failure to appear)[14]
1 WPCH Hoboken, New Jersey
1 WJBI Red Bank, New Jersey
1 WOKT Binghamton, New York Deleted August 1, 1928 (failure to appear)[14]
1 WMRJ Jamaica, New York
1 WAAT Jersey City, New Jersey
1 WCOH Greenville, New York
1 WBBC Brooklyn, New York
1 WCGU Coney Island, New York
1 WCLB Long Beach, New York
1 WEVD Woodhaven, New York
1 WGL Secaucus, New Jersey
1 WMBQ Brooklyn, New York
1 WCDA Cliffside Park, New Jersey
1 WCOT Providence, Rhode Island Deleted September 1, 1928[16]
1 WCBM Baltimore, Maryland
1 WMES Boston, Massachusetts
2 WFJC Akron, Ohio
2 WBRE Wilkes-Barre, Pennsylvania
2 WKBN Youngstown, Ohio
2 WLBY Iron Mountain, Michigan
2 WMBJ McKeesport, Pennsylvania Deleted September 1, 1928 (technical violations)[17]
2 WJAY Cleveland, Ohio
2 WJBK Ypsilanti, Michigan
2 WIAD Philadelphia, Pennsylvania
2 WABW Wooster, Ohio Deleted August 1, 1928 (failure to appear)[14]
2 WMBS Lemoyne, Pennsylvania
2 WRAK Erie, Pennsylvania
2 WGM Jeannette, Pennsylvania Deleted August 1, 1928 (failure to appear)[14]
2 WMBW Youngstown, Ohio Consolidated with WKBN, Youngstown, Ohio,[18] and deleted September 1929
2 WSMK Dayton, Ohio
2 WQBZ Weirton, West Virginia
2 WBBP Petoskey, Michigan Deleted August 1, 1928 (failure to appear)[14]
2 WRAX Philadelphia, Pennsylvania
2 WFBG Altoona, Pennsylvania
2 WBBW Norfolk, Virginia
2 WBBL Richmond, Virginia
2 WTAZ Chesterfield Hills, Virginia
2 WABF Kingston, Pennsylvania
2 WFAN Philadelphia, Pennsylvania
2 WEBE Cambridge, Ohio
2 WFKD Frankford, Pennsylvania
2 WBMH Detroit, Michigan
2 WMBG Richmond, Virginia
2 WKBZ Ludington, Michigan
2 WHBC Canton, Ohio
2 WABY Philadelphia, Pennsylvania
2 WFBE Cincinnati, Ohio
4 WLBO Galesburg, Illinois Deleted August 1, 1928 (failure to appear)[14][18] (later relicensed).
4 WJBL Decatur, Illinois
4 WMBB-WOK Homewood, Illinois Deleted September 1, 1928[18]
4 WDZ Tuscola, Illinois
4 WCAZ Carthage, Illinois
4 WLIB Chicago, Illinois Consolidated with WGN, Chicago, Illinois[18]
4 WJAK Kokomo, Indiana
4 WLBC Muncie, Indiana
4 WCBS Springfield, Illinois
4 WLBI Wenona, Illinois Deleted August 1, 1928 (failure to appear)[14]
4 WFBZ Galesburg, Illinois Deleted August 1, 1928 (failure to appear)[14]
4 WBAO Decatur, Illinois Consolidated with WJBL, Decatur, Illinois[18]
4 WTAD Quincy, Illinois
4 WBCN Chicago, Illinois Consolidated with WENR, Chicago, Illinois[18]
4 WKBV Brookville, Indiana
4 WLBT Crown Point, Indiana Deleted August 1, 1928 (failure to appear)[14]
4 WNBA Forest Park, Illinois Deleted September 1, 1928[19]
4 WHBF Rock Island, Illinois
4 WEHS Evanston, Illinois
4 WTAS Elgin, Illinois
4 WEBQ Harrisburg, Illinois
4 WJBA Joliet, Illinois Deleted September 1, 1928[20]
4 WLBQ Atwood, Illinois Deleted August 1, 1928 (failure to appear)[14]
4 WTAX Streator, Illinois
4 KFKX Chicago, Illinois Consolidated with KYW, Chicago Illinois[18]
4 WEDC Chicago, Illinois
4 WSBC Chicago, Illinois
4 WPEP Waukegan, Illinois Deleted August 1, 1928 (failure to appear)[14] Also September 1, 1928[15]
4 WHFC Chicago, Illinois
4 WRAM Galesburg, Illinois Deleted August 1, 1928 (failure to appear)[14]
4 WKBB Joliet, Illinois Consolidated with WCLS, Joliet, Illinois[18] (later relicensed)
4 WMBD Peoria Heights, Illinois
4 WKBS Galesburg, Illinois
4 WJBC La Salle, Illinois
4 WKBI Chicago, Illinois
4 WCLS Joliet, Illinois
4 WFKB Chicago, Illinois Deleted August 1, 1928 (failure to appear)[14]
4 WLTS Chicago, Illinois Deleted August 1, 1928 (failure to appear)[14]
4 WQJ Chicago, Illinois Consolidated with WMAQ, Chicago, Illinois[18]
4 WSAX Chicago, Illinois Surrendered license[13]
4 WJBZ Chicago Heights, Illinois Deleted August 1, 1928 (failure to appear)[14]
4 WCRW Chicago, Illinois
4 WRAF La Porte, Indiana
4 WWAE Hammond, Indiana
4 KGFB Iowa City, Iowa Deleted August 1, 1928 (failure to appear)[14]
4 KFHL Oskaloosa, Iowa Deleted August 1, 1928 (failure to appear)[14]
4 KPNP Muscatine, Iowa Deleted August 1, 1928 (failure to appear)[14]
4 KICK Red Oak, Iowa
4 KFVG Independence, Kansas
4 WMBE White Bear Lake, Minnesota Deleted August 1, 1928 (failure to appear)[14]
4 KFDZ Minneapolis, Minnesota Deleted August 1, 1928 (failure to appear)[14]
4 KGHC Slayton, Minnesota Deleted August 1, 1928 (failure to appear)[14]
4 WMAY St. Louis, Missouri
4 KWKC Kansas City, Missouri
4 WCWK Fort Wayne, Indiana
4 KFMR Sioux City, Iowa Deleted August 1, 1928 (failure to appear)[14]
4 KGCA Decorah, Iowa
4 KWCR Cedar Rapids, Iowa
4 WIAS Ottumwa, Iowa
4 KWUC Le Mars, Iowa Deleted September 1, 1928[21]
4 KGCN Concordia, Kansas
4 KGEQ Minneapolis, Minnesota Deleted August 1, 1928 (failure to appear)[14]
4 WFAM St. Cloud, Minnesota Deleted August 1, 1928 (failure to appear)[14]
4 KFQA St. Louis, Missouri Deleted September 1, 1928[22] (Later consolidated with KMOX, St. Louis, Missouri)
4 KFWF St. Louis, Missouri
4 KGBX St. Joseph, Missouri
4 KFOX Omaha, Nebraska Deleted August 1, 1928 (failure to appear)[14]
4 KGBY Columbus, Nebraska Consolidated with KGBZ, York, Nebraska[18]
4 KGCH Wayne, Nebraska Consolidated with KGBZ, York, Nebraska[18]
4 KGDW Humboldt, Nebraska Consolidated with KGBZ, York, Nebraska[18]
4 KGBZ York, Nebraska
4 KGCR Brookings, South Dakota
4 KGDA Dell Rapids, South Dakota
4 WKBH La Crosse, Wisconsin
4 WIBU Poynette, Wisconsin
4 WIBA Madison, Wisconsin
4 WCLO Kenosha, Wisconsin
4 WAIZ Appleton, Wisconsin Deleted September 1, 1928[21]
4 KGES Central City, Nebraska Consolidated with KGBZ, York, Nebraska[18]
4 KGFW Ravenna, Nebraska
4 KGEO Grand Island, Nebraska Consolidated with KGBZ, York, Nebraska[18]
4 WNAL Omaha, Nebraska Deleted September 1, 1928[21]
4 KDLR Devils Lake, North Dakota
4 KGDY Oldham, South Dakota Deleted August 1, 1928 (failure to appear)[14]
4 WKDR South Kenosha, Wisconsin Deleted August 1, 1928 (failure to appear)[14]
4 WEBW Beloit, Wisconsin
4 KFIZ Fond du Lac, Wisconsin Deleted August 1, 1928 (failure to appear)[14] (later reinstated)
4 WHBY West de Pere, Wisconsin
4 WOMT Manitowoc, Wisconsin
4 WGWB Milwaukee, Wisconsin Consolidated with WISN, Milwaukee Wisconsin[18] and deleted September 1929
4 KGFN Aneta, North Dakota Deleted August 1, 1928 (failure to appear)[14]
5 KFPR Los Angeles, California Deleted August 1, 1928 (failure to appear)[14]
5 KFUS Oakland, California Deleted August 1, 1928 (failure to appear)[14]
5 KGDM Stockton, California
5 KOOS Marshfield, Oregon Surrendered license[13]
5 KFUT Salt Lake City, Utah Deleted August 1, 1928 (failure to appear)[14]

Effects

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Most of the challenged stations submitted documentation or made presentations supporting their relicensing, and a majority were approved, although often with a power reduction. However, on July 27 the FRC announced that 36 stations had failed to present justifications supporting their applications, thus would be deleted as of August 1, 1928.[14] In addition, four stations voluntarily surrendered their licenses.[13]

Through the end of August, the FRC announced additional stations that would be deleted, and those which would be relicensed. Stations designated for September 1 deletions included WCOT,[16] WNBA,[19] WJBA,[20] WPEP and WTRL,[15] and KWUC, WAIZ, WNAL.[21] The deletion of KFQA in St. Louis Missouri was reported,[22] although it was later consolidated with KMOX. A final report stated that WMBB-WOK would be deleted, while WQJ, WBCN, WLIB, KFKX, WGWB, WMBW, WBAO, WCLS, WLBO and five Nebraska stations were being consolidated with other stations.[18] One additional station, WMBJ, was deleted due to technical violations.[17]

According to the FRC, a total of 62 stations were eliminated as a result of General Order 32, with 81 surviving, although many of the latter were reduced in power or moved to less desirable frequencies.[23] Educational stations fared particularly poorly. They were usually required to share frequencies with commercial stations and operate only during the daytime, which was considered of limited value for adult education. The deleted stations were mostly small ones with limited financial backing. One notable exception was a Chicago-area station, WMBB-WOK. This station was primarily owned by the American Bond and Mortgage Company, which unsuccessfully challenged its elimination in the federal courts.[24]

With the number of stations now somewhat reduced, the FRC's next major step was implementation of General Order 40 on November 11, 1928, which was a wide-sweeping reallocation of station assignments.

See also

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References

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  1. ^ "Amendments to Regulations", Radio Service Bulletin, January 3, 1922, page 10.
  2. ^ "Subcommittee No. 2: Allocation of Frequencies or Wave Lengths to Broadcasting Stations", Recommendations for Regulation of Radio adopted by the Third National Radio Conference, October 6–10, 1924, pages 16-17.
  3. ^ Radio Act of 1927 (Public Law 69-632), February 23, 1927, pages 186-200.
  4. ^ "Portable stations no longer licensed" (General Order No. 30, May 10, 1928), Radio Service Bulletin, May 31, 1928, page 8.
  5. ^ "Extension of portable broadcasting stations licenses" (General Order No. 34, May 25, 1928), Radio Service Bulletin, May 31, 1928, page 9.
  6. ^ "Appendix E (9): Suggestions of Louis B. F. Raycroft", Second Annual Report of the Federal Radio Commission (year ending June 30, 1928), April 3, 1928, page 142: "7. Of the 90 American channels, after the twenty-eight-odd cleared channels have been deducted, there remain approximately 60, subject to further reduction as time goes on. These 60 channels are for the lower-powered nonexclusive services, which in the present state of the art can not be strictly heterodyne free, except in their local service areas."
  7. ^ "History of the Directional Antenna in the Standard Broadcast Band for Purpose of Protecting Service Area of Distant Stations" by Raymond M. Wilmotte, IRE Transactions on Broadcast Transmission Systems, (Volume: PGBTS-7, Issue: 1), February 1957, pages 51-55.
  8. ^ "General Order No. 40" (August 30, 1928), Radio Service Bulletin, August 31, 1928, pages 9-10. The Davis Amendment was repealed in 1936.
  9. ^ "List of broadcasting stations issued temporary permits", Radio Service Bulletin, April 30, 1927, pages 6-14.
  10. ^ "Extension of Broadcasting Station Licenses", Radio Service Bulletin, December 31, 1927, page 7.
  11. ^ "Hearings set for applicants for certain broadcast licenses which have not satisfied the commission" (General Order No. 32, May 25, 1928), Radio Service Bulletin, May 31, 1928, pages 8-9.
  12. ^ a b "Letter to and list of stations included in General Order No. 32, issued May 25, 1928", Second Annual Report of the Federal Radio Commission (year ending June 30, 1928), pages 147-150.
  13. ^ a b c d "Federal Radio Commission order: July 27, 1928", Second Annual Report of the Federal Radio Commission (year ending 1928), page 152. One of the listed surrendered authorizations, Third Avenue Railway Co.'s WEBJ in New York City, had not been included on the May 25th list.
  14. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai aj ak "Federal Radio Commission order: July 27, 1928", Second Annual Report of the Federal Radio Commission (year ending 1928), pages 151-152. One listed deleted station, KFIZ in Fond du Lac, Wisconsin, was ultimately relicensed.
  15. ^ a b c "Federal Radio Commission order: August 22, 1928", Second Annual Report of the Federal Radio Commission (year ending 1928), pages 156-157.
  16. ^ a b "Federal Radio Commission order: August 21, 1928", Second Annual Report of the Federal Radio Commission (year ending 1928), pages 152-154.
  17. ^ a b "Oil Men Desire Radio Privilege", Washington (D.C.) Evening Star, August 30, 1928, page 38.
  18. ^ a b c d e f g h i j k l m n o p "Federal Radio Commission order: September 1, 1928", Second Annual Report of the Federal Radio Commission (year ending 1928), pages 161-163.
  19. ^ a b "Federal Radio Commission order: August 22, 1928", Second Annual Report of the Federal Radio Commission (year ending 1928), page 154.
  20. ^ a b "Federal Radio Commission order: August 23, 1928", Second Annual Report of the Federal Radio Commission (year ending 1928), page 155.
  21. ^ a b c d "Federal Radio Commission order: August 28, 1928", Second Annual Report of the Federal Radio Commission (year ending 1928), pages 158-159.
  22. ^ a b "Federal Radio Commission order: August 27, 1928", Second Annual Report of the Federal Radio Commission (year ending 1928), page 157.
  23. ^ "Summary of Commission's Orders in Cases Arising Out of General Order No. 32", Second Annual Report of the Federal Radio Commission (year ending 1928), September 5, 1928, page 151.
  24. ^ American Bond and Mortgage Company v. United States: Petition for Rehearing (July 29, 1931)