to these agencies for a determination of the exact statutory legislation required. This report has been coordinated within the Department of Defense in accordance with procedures prescribed by the Secretary of Defense. The Bureau of the Budget advises that, from the standpoint of the administration's program, there is no objection to the presentation of this report for the consideration of the committee. Sincerely, ROBERT H. CHARLES, Assistant Secretary of the Air Force FEDERAL AVIATION AGENCY, Hon. WARREN G. MAGNUSON, Chairman, Committee on Commerce, U.S. Senate, DEAR MR. CHAIRMAN: This is in reply to your request for the views of this Agency with respect to S. 903, a bill to amend the Communications Act of 1934, as amended, with respect to painting, illumination, and dismantlement of radio towers. This proposal would amend section 303 (q) of the Communications Act to require that abandoned or unused radio towers continue to meet the same painting and lighting requirements that would be applicable if such towers were being used in connection with the transmission of radio energy pursuant to license issued by the Federal Communications Commission. The proposal further empowers the Commission to direct dismantlement of such towers when the Administrator of the Federal Aviation Agency determines that there is a reasonable possibility that they may constitute a menace to air navigation. The Federal Aviation Agency favors enactment of this bill; for it would remedy a serious problem of long standing. Antenna towers constitute a particular danger to pilots, both because of their height and their peculiar structure. Today we have such towers extending as high as 2,000 feet above ground. These structures, being extremely narrow and of latticed construction, create unusual visibility problems for pilots, and it is particularly important that they be properly marked and illuminated both for the protection of persons using the airways and for the protection of persons on the ground in the vicinity of a tower. As long as a broadcasting tower is subject to FCC jurisdiction, broadcasters are required to provide standard marking and lighting protection prescribed in regulations issued by the FCC. When a broadcasting tower is abandoned, however, the protection of this marking and lighting is no longer assured, for the Commission's authority to regulate in that area is terminated. S. 903 would extend the Commission's authority to fill this regulatory gap, and thus afford the public continued protection against unmarked and unlighted towers. S. 903 also authorizes the Commission to require the dismantling of abandoned towers constituting a menace to air navigation, and it identifies the Administrator of the Federal Aviation Agency as the individual authorized to make the determination on the question of the effect of an abandoned tower on air navigation. We believe this measure necessary and appropriate for the public protection. Where a tall tower no longer serves a useful purpose, and where its existence may create a hazard to air navigation, its owner should be required to dismantle and remove it. The Bureau of the Budget has advised that there is no objection from the standpoint of the administration's program to the submission of this report to your committee. Sincerely. N. E. HALABY, Administrator. CIVIL AERONAUTICS BOARD, Washington, D.C. Hon. WARREN G. MAGNUSON, Chairman, Committee on Commerce, U.S. Senate, Washington, D.C. DEAR MR. CHAIRMAN: This is in further reply to your letter of February 3. 1965, acknowledged February 9, 1965, asking the Board for its comments on S. 903, a bill to amend the Communications Act of 1934, as amended, with respect to the painting, illumination, and dismantlement of radio towers. S. 903 would amend section 303 (q) of the Communications Act of 1934, authorizing the Federal Communications Commission to require the painting and illumination of radio towers used in connection with the licensed transmission of radio energy when it believes such towers constitute a menace to air navigation, so as to require that abandoned or unused radio towers continue to meet the same painting or lighting requirements that would be applicable if such towers were being used pursuant to license. The Commission would also be empowered to require the dismantlement of such towers when the Administrator of the Federal Aviation Agency determines that there is a reasonable possibility that they may constitute a menace to air navigation. The Commission pointed out in its letter transmitting draft legislation to the Congress which was identical to S. 903 that since the events leading to abandonment normally coincide with expiration, cancellation, or revocation of a station license, it is powerless to compel continued obstruction marking except in those cases where other radio licenses are outstanding in the name of the same person. The Commission also pointed out that a Joint Industry Government Tall Structures Committee (JIGTSC), established to investigate the joint use of airspace by the aviation and broadcast industries, recommend that the Commission seek legislation, if necessary, authorizing it to require the removal or appropriate lighting and marking of unused or abandoned towers. Since S. 903 would contribute to air safety by requiring appropriate marking of unused or abandoned radio towers, the Board urges its enactment. The Board has been advised by the Bureau of the Budget that there is no objection to the submission of this report from the standpoint of the administration's program. For the Civil Aeronautics Board: HAROLD R. SANDERSON, Secretary. Hon. WARREN G. MAGNUSON, Chairman, Committee on Commerce, U.S. Senate, Washington, D.C. DEAR SENATOR: This is in response to your request for the views of the Department of Justice on S. 903, a bill to amend the Communications Act of 1934, as amended, with respect to painting, illumination, and dismantlement of radio towers. This bill has been examined, but since its subject matter does not directly affect the activities of the Department of Justice we would prefer not to offer any comment concerning it. Sincerely, RAMSEY CLARK, Deputy Attorney General. COMPTROLLER GENERAL OF THE UNITED STATES, Hon. WARREN G. MAGNUSON, Chairman, Committee on Commerce, DEAR MR. CHAIRMAN: Your letter of February 3, 1965, transmitted copies of S. 903, S. 904, S. 905, and S. 906 and requested our comments thereon. S. 903 proposes to amend section 303 (q) of the Communications Act of 1934 (47 U.S.C. 303 (q)) so as to enable the Federal Communications Commission to require the owner of a radio tower which is no longer licensed to maintain the painting and/or illumination thereof until it is dismantled, and to require the owner to remove such tower when the Administrator of the Federal Aviation Agency determines that there is a reasonable possibility that it may constitute a menace to air navigation. Our office has no special information that would assist the committee in its consideration of this measure. Hence, and since the bill, if enacted, would not affect the functions and responsibilities of our office, we have no comments with respect to its merits or recommendations regarding its enactment. S. 904, S. 905 and S. 906 will be the subjects of separate correspondence. Sincerely yours, JOSEPH CAMPBELL, Comptroller General of the United States. EXECUTIVE OFFICE OF THE PRESIDENT, Hon. JOHN O. PASTORE, Chairman, Subcommittee on Communications, Commerce Committee, U.S. Senate, Washington, D.C. DEAR SENATOR PASTORE: I refer to S. 1015, a bill now pending in your subcommittee, which would amend the Communications Act of 1934, as amended, to give the Federal Communications Commission authority to prescribe regulations for the manufacture, import, sale, shipment, or use of devices which cause harmful interference to radio reception. While the Commission takes the position, and I believe properly, that the Communications Act prohibits the use of equipment or apparatus which causes interference to radio communications, it has no specific rulemaking authority under the act to require that before equipment or apparatus is put on the market it must be properly designed to prevent harmful interference. Since the prohibition falls on the use of the offending equipment, it means that the Commission, in trying to control radio interference, is confined to apprehending the users of equipment which in most instances has been purchased in good faith on the assumption that its operation would be legal. This after-the-fact approach is quite inadequate to control the "radiation smog" which makes it increasingly difficult for any user of radio communications to obtain interference-free reception. This problem of spectrum pollution by unwanted or unnecessary radiations is of increasing concern to the Government and is one of the matters now under study by the Joint Technical Advisory Committee Subcommittee on Electromagnetic Compatibility. While the bill as written would exempt from FCC regulation devices manufactured for use by any agency of the Government, it is my intent, should the bill become law, to issue standards to insure that Government equipment meets as a minimum any criteria or standards laid down by the Commission for nonGovernment equipment. I will be glad to testify in favor of the proposed legislation should that be your desire. Sincerely, J. D. O'CONNELL. FEDERAL MARITIME COMMISSION, Hon. WARREN G. MAGNUSON, Chairman, Committee on Commerce, DEAR MR. CHAIRMAN: This is in reply to your request of February 10, 1965, for the views of the Federal Maritime Commission with respect to S. 1015, a bill "to amend the Communications Act of 1934, as amended, to give the Federal Communications Commission authority to prescribe regulations for the manufacture, import, sale, shipment, or use of devices which cause harmful interference to radio reception." and S. 1022, a bill "declaring the Grand (Neosho) River above the town of Fort Gibson, Muskogee County, Oklahoma, to be not navigable water of the United States." and S. 1046, a bill "to amend part II of the Interstate Commerce Act, as amended, so as to authorize exemption from the provisions of such part, of services, and transportation of such nature, character, or quantity as not substantially to affect or impair uniform motor carrier regulation." Inasmuch as the bills do not affect the responsibilities or jurisdiction of the Commission, we express no views as to their enactment. The Bureau of the Budget has advised that there would be no objection to the submission of this letter from the standpoint of the administration's program. Sincerely yours, JOHN HARLLEE, Rear Admiral, U.S. Navy (Retired), Chairman. COMPTROLLER GENERAL OF THE UNITED STATES, Hon. WARREN G. MAGNUSON, Chairman, Committee on Commerce, U.S. Senate DEAR MR. CHAIRMAN: Your letter of February 10, 1965, transmitted copies of S. 348 and S. 1015 and requested our comments thereon. S. 1015 is identical with S. 2684, 88th Congress, the subject of our letter to you dated April 2, 1964, B-113531. The bill proposes to amend the Communications Act of 1934, as amended, by adding thereto a new section 302 which would authorize the Federal Communications Commission to prescribe regulations for the manufacture, import, sale, shipment, or use of devices which in their operation are capable of emitting radio frequency energy in sufficient degree to cause harmful interference to radio communications. We have no special information concerning the desirability of granting to the Commission the additional regulatory authority proposed by S. 1015. Hence, and since the bill, if enacted, would not affect the functions and responsibilities of our Office, we have no comments with respect to its merits or recommendations regarding its enactment. The remaining bill, S. 348, is the subject of a separate communication. JOSEPH CAMPBELL, Comptroller General of the United States. MARCH 12, 1965. Hon. WARREN G. MAGNUSON, Chairman, Committee on Commerce, DEAR SENATOR: This is in response to your request for the views of the Department of Justice on S. 1015, a bill "to amend the Communications Act of 1934, as amended, to give the Federal Communications Commission authority to prescribe regulations for the manufacture, import, sale, shipment, or use of devices which cause harmful interference to radio reception." This bill has been examined, but since its subject matter does not directly affect the activities of the Department of Justice, we would prefer not to offer any comment concerning it. Sincerely, RAMSEY CLARK, Deputy Attorney General. FEDERAL AVIATION AGENCY, Hon. WARREN G. MAGNUSON, Chairman, Committee on Commerce, DEAR MR. CHAIRMAN: This is in reply to your request for the views of this Agency with respect to S. 1015, a bill to amend the Communications Act of 1934, as amended, to give the FCC authority to prescribe regulations for the manufacture, import, sale, shipment, or use of devices which cause harmful interference to radio reception. The purpose of the proposed legislation is to give the Commission more adequate authority to deal with the problem of radio interference occasioned by the rapidly increasing use of electronic devices. In the experience of this Agency the problem is very real and requires Federal control. The aeronautical service radio spectrum has become increasingly cluttered by such devices in recent years with the result that many air navigation facilities are unusable over metropolitan areas because of interference. We therefore urge enactment of this bill. We would like to add a note in favor of the exemption of devices for use by the Government contained in the proposed section 302(c). Pursuant to section 305 of the Federal Communications Act, radio stations belonging to and operated by the United States are presently not subject to sections 301 and 303, which deal with licensing and related powers and duties of the FCC. The theory underlying that exemption is equally applicable to this new proposal. The Bureau of the Budget has advised that there is no objection from the standpoint of the administration's program to the submission of this report to your committee. Sincerely. N. E. HALABY, Administrator. FEDERAL POWER COMMISSION REPORT ON S. 1015 A BILL To amend the Communications Act of 1934, as amended, to give the Federal Communications Commission authority to prescribe regulations for the manufacture, import, sale, shipment, or use of devices which cause harmful interference to radio reception Subsection (a) of the bill would give the Federal Communications Commission the authority to prescribe regulations governing the interference potential of devices capable of harmful interference with radio communications. The regulations would be applicable to manufacturers, sellers, and users. Subsection (b) of the bill forbids the manufacture, sale, importation, shipment, or use of devices which fail to comply with the regulations promulgated pursuant to the bill. Subsection (c) excepts from regulation carriers which transport but do not trade in such devices as well as devices made solely for export or for use by the Federal Government or any of its agencies. At present, the FCC may prescribe regulations governing the use of devices which cause harmful interference to radio reception (47 U.S.C. 301, 303). The regulations appear at 47 CFR 15 et seq. The FCC has no present authority over manufacturers. The proposed bill would extend FCC's authority to manufacturers and would allow the FCC to prevent the manufacture, sale, or use of devices which have the potential of causing interference with radio communications. The proposed bill might have considerable impact on the electric utilities. If the bill is otherwise necessary, we are confident that the FCC would exercise its discretion in such a way as to protect the public interest in the economical generation and transmission of power and against undue restrictions which would necessitate increased investments and higher charges to consumers. The Administrative Procedure Act provides that notice and an opportunity to participate in rulemaking proceedings must be given to those affected in cases where regulations of the type authorized in the bill would be promulgated. We believe these procedures enable fair consideration of any problems raised by proposed new regulations. Moreover, since the FCC can now enjoin any harmful interference, there is little likelihood of any additional regulation being placed on electric utilities that is not present under existing law. The Commission offers no objection to the proposed legislation. (Signed) FEDERAL POWER COMMISSION, Chairman. COMPTROLLER GENERAL OF THE UNITED STATES, Hon. WARREN G. MAGNUSON, DEAR MR. CHAIRMAN: Your letter of February 26, 1965, transmitted copies of S. 1259, S. 1275, S. 1284, and S. 1289 and requested our comments thereon. S. 1284 proposes to amend section 203 (a) of the Communications Act of 1934, as amended, with respect to the filing of schedules of charges by connecting carriers. Other than the explanation made a part of the record at the time S. 1284 was introduced, we have no information as to the desirability of amending the Communications Act of 1934 as proposed therein. Hence, and since the provisions of the bill, if enacted, would not affect the functions and responsibilities of our Office, we have no comments with respect to its merits or recommendations regarding its enactment. The remaining bills, S. 1259, S. 1275, and S. 1289, are the subject of separate communications. Sincerely yours, JOSEPH CAMPBELL. Comptroller General of the United States. |