ada, with certain limitations on power. On August 30, 1928, the commission crystallized its informal rulings on the subject by definite regulations which were duly incorporated in said General Order No. 40. (Exhibit A.) Substantially the same policy was adhered to by the Department of Commerce, in so far as it was permitted by law, prior to the enactment of the radio act of 1927. The necessity of thus providing these channels for exclusive use and for shared use by Canadian stations consisted both in making it possible for persons located in the United States to receive communications from Canadian stations and (by reciprocal provision on the part of Canada) for persons located in Canada to receive communications from stations in the United States; and for the administration of radio communication both in the United States and in Canada to be so conducted as to lead to a minimum of interference as between the stations of the respective countries. (13) There are, generally speaking, two types of interference which manifest themselves in the operation of broadcasting stations and in the reception of broadcast programs. The first type is called "heterodyne" and manifests itself in the form of a disagreeable whistle of varying pitches which is reproduced by the receiver. The second type is called " cross-talk" and manifests itself by the reproduction simultaneously of two or more programs at once in the receiver in such a fashion that neither one may be heard satisfactorily by persons listening to the receiver. A third type, which is known as "blanketing," is really an exaggerated form of cross-talk to such an extent that the program of one station is completely blotted out by the program of another station in the operation of the receiver. There are other subvarieties and combinations of the foregoing forms of interference which it is unnecessary to describe fully. Unless the use and operation of broadcasting stations is rigidly controlled and regulated by the United States, and unless the number of broadcasting stations broadcasting simultaneously is strictly limited as to number, and strictly regulated as to type of apparatus, manner of operation, geographical location, and use of channels, interference of any and all of the above-described types will result, and interstate and foreign radio communication by broadcasting stations will be obstructed and in a large measure destroyed. (14) Heterodyne interference results from interaction, in the receiver, of the carrier waves from two broadcasting stations operating on channels separated by too narrow a margin. This margin theoretically should be not less than 15 kcs., because the result of such interaction is to produce in the receiver a whistle the pitch of which depends on the amount of the separation. The normal human ear can hear notes varying in pitch from 16 cycles to 15,000 cycles (15 kcs.). In practice, however, it has been found that by a proper geographical separation of stations a margin of 10 kcs. is ordinarily sufficient, although this represents a compromise with the ideal and will not obviate a certain amount both of heterodyen and cross-talk interference. Any separation of less than 10 kcs., however, would and does enormously interfere with and obstruct interstate and foreign radio communication by broadcasting stations: Unless subject to rigid regulations requiring close adherence to an assigned channel, and unless subject to inspection and discipline by duly constituted authorities for failure to comply with such regulations, a broadcasting station will frequently leave its channel sufficiently to cause both heterodyne and cross-talk interference with communication on adjacent channels. (15) Heterodyne interference generally results, however, from interaction, in the receiver, of the carrier waves from two broadcasting stations assigned to, and supposed to be operating on, the same channel. In the present state of the art it is impossible for existing broadcasting stations to adhere closely enough to the same exact frequency to avoid causing a heterodyne whistle where two or more of them are operating on the same channel, unless they are of very low power and are separated by great geographical distances. (16) Every broadcasting station has what is properly called a "service area" and a "nuisance area." The carrier wave travels far beyond the area in which the station can give good service to listeners into areas where it is still sufficiently strong to cause very objectionable heterodyne interference with the broadcasting of other stations. Conditions vary from locality to locality, from season to season, from day to night, and even from hour to hour, so that the service area and the nuisance area of a particular station can be defined only with approximate accuracy. Furthermore, standards vary as to what constitutes good service and what constitutes objectionable interference. The following, however, represents a satisfactory definition of the different types of areas with approximate accuracy under average conditions during evening hours: At times when conditions are better than the average for radio reception, the areas above indicated will be greatly extended under each heading. As is apparent from the foregoing, any station using power of 5,000 watts makes it impossible for any other station to operate satisfactorily on the same channel anywhere in the United States. The result of such simultaneous operation is greatly to restrict the areas within which satisfactory reception can be had from any other stations, and listeners in a large number of states are cut off from receiving the communications of broadcasting stations located in states other than the one in which they live. (17) There are at present, and have been since long prior to September 11, 1928, operating on the frequency of 1,190 kcs., in the United States, the following broadcasting stations with call letters, location, owners, and power, as follows: The use and operation of the Homewood transmitter by defendants will cause tremendous interference with the reception of the programs broadcast by all of the above-listed stations except station WORD; and will, with respect to each of said stations, prevent listeners from hearing the programs broadcast by said stations both in the States where said stations are located and in States outside thereof, and in some cases in Canada and Mexico; and further will prevent persons located in the State of Illinois and surrounding States from hearing the programs of any of the stations above listed. (18) The type of interference known as 'cross talk" may proceed both from two or more stations broadcasting on the same channel and from two or more stations broadcasting on closely adjacent channels. In the latter case the interference is due to the fact that receivers are not so constructed as to receive the programs from one station on a particular channel and exclude the programs of a station broadcasting on a closely adjacent channel if the signal coming from the latter station is substantial in proportion to that of the former. A receiver sufficiently selective to separate programs under such circumstances on adjacent channels would give forth a distorted reproduction of the program on the channel to which it is tuned. 51014-29-PT 3- -3 (19) There are now, and have been since long prior to September 11, 1928, operating on the frequency of 1,180 kcs. certain broadcasting stations with call letters, location, owners, and power, as follows: There are now, and have been since long prior to September 11, 1928, operating on the frequency of 1,200 kcs. broadcasting stations with call letters, location, owners, and power, as follows: The use and operation of the Homewood transmitter by defendants will cause tremendous interference by way of cross talk with the broadcasting of the above listed stations operating on frequencies of 1,180 and 1,200 kcs., with the result that the areas within which the programs of these stations can be received will be tremendously reduced and, with respect to each station, many listeners who would otherwise have heard the programs of that station, both within the State where the station is located and in other States, will be unable to receive such programs. (20) There is no other channel in the broadcast band on which defendants can use or operate the Homewood transmitter either with a power of 5,000 watts, or with more or less than that amount, without causing similar interference with and obstruction to broadcasting of other stations and the reception of such broadcasting by listeners throughout the United States, in Canada, in Mexico, and elsewhere. All of said other stations, as well as those above listed on the frequencies of 1,190, 1,180, and 1,200 kcs., are stations which have been duly licensed by and now have licenses from the Federal Radio Commission. (21) The Federal Radio Commission has for a long time been working on, and on September 10, 1928, announced a reallocation of all the existing licensed broadcasting stations in the United States with respect to power, frequency, and hours of operation. This reallocation is to go into effect at the hour of 3 o'clock a. m.. eastern standard time, November 11, 1928. The various station assignments have been worked out substantially in accordance with the provisions of General Order No. 40. (Exhibit A.) Under said new allocation there is no channel within the broadcast band which could be used by the defendant with their said Homewood transmitter, either with 5,000 watts power, or with any amount greater or less than that amount, without causing similar interference with and obstruction to the broadcasting of other stations and the reception of such broadcasting by persons in the United States, in Canada, in Mexico, and elsewhere. Wherefore plaintiff prays: PART IV. PRAYER (1) That writs of subpoena issue, directed to defendants herein, commanding them to appear and answer (answer under oath being waived) the allegations herein and to obey such orders as the court may enter in the above-entitled action; (2) That defendants, their agents, servants, employees, and all persons acting under, through, by, or in behalf of, or in conjunction with, them, or either of them, or claiming so to act, be perpetually enjoined from using or operating the broadcasting station hereinabove described, that is to say, the Homewood transmitter, the studio, the accessories thereto, and the call letters WMBB-WOK, and from using or operating any apparatus for the transmission of energy or communications or signals by radio from any place within the State of Illinois to any other State, Territory, or possession of the United States, or to any foreign country, or to any vessel on the high seas, or within the State of Illinois when the effects of such use or operation extend beyond the borders of said State, or when interference is caused by such use or operation with the transmission of such energy or communications or signals from within the State of Illinois to any place beyond its borders, or from any place beyond its borders to any place within the State of Illinois, or with the transmission or reception of such energy or communications or signals from and/or to places beyond the borders of the State of Illinois; (3) That, pending determination of this suit, the Court will grant and issue its preliminary injunction forbidding all of said actions on the part of defendants as to which a final injunction is hereinabove prayed; (4) That plaintiff may have such other relief as may be required for the equitable disposition of this action; BETHUEL M. WEBSTER, Jr., LOUIS G. CALDWELL, Special Assistants to the Attorney General. WASHINGTON, District of Columbia, ss: J. H. Dellinger, being duly sworn, deposes and says: That he is Chief Engineer of the Federal Radio Commission; that he has read the foregoing bill of complaint and knows the contents thereof, and that the same is true to his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true. At a session of the Federal Radio Commission held at its office in Washington, D. C., on August 30, 1928: The commission has determined that the definite assignment of a band of frequencies for broadcasting, the maintenance of a separation of 10 kc. between frequencies used in broadcasting, the reservation of certain frequencies for exclu sive use by stations in the Dominion of Canada, and the setting aside of a certai number of other frequencies for shared use by the United States and the Dominion of Canada, all as hereinafter specified in this order, will serve public interest, convenience, or necessity. The commission has further determined after careful consideration that the allocation of frequencies, of time for operation and of station power, for use by broadcasting stations, to the respective zones, as hereinbelow specified in this order: (a) Is necessary in order to comply in part with the requirements of section 9 of the radio act of 1927 as amended by section 5 of the act of Congress March 28, 1928, in so far as it requires that the licensing authority shall as nearly as possible make and maintain an equal allocation of bands of frequency or wavelengths, of periods of time for operation, and of station power, to each of the zones when and in so far as there are applications therefor; and (b) Will promote public interest and convenience and will serve public necessity, in so far as this can be done in a manner consistent with the requirements of said section 9 of the radio act of 1927 as amended by section 5 of the act of Congress, March 28, 1928, and will greatly improve reception conditions in the broadcast band by the elimination of a large portion of the interference which now exists. It is therefore ordered: Paragraph 1. That a band of frequencies extending from 550 kc. to 1,500 kc., both inclusive, be, and the same is hereby, assigned to and for the use of broadcasting stations, said band of frequencies being hereinafter referred to as the broadcast band. This order is not to be construed as prohibiting the licensing of maritime mobile services on the frequency of 1,365 kc., as provided by the International Radiotelegraph Convention of 1927. Paragraph 2. That within said broadcast band, a separation of 10 kc. be maintained between the frequencies assigned for use by broadcasting stations. Paragraph 3. That, of the frequencies within said broadcast band, (a) the frequencies of 690, 730, 840, 910, 960, and 1,030 kc. be, and the same are hereby, reserved for use by broadcasting stations located in the Dominion of Canada, and shall not be assigned to any broadcasting station licensed by this commission; (b) the frequencies of 580, 600, 630, 780, 880, 890, 930, 1,010, 1,120, 1,200, and 1,210 kc. be, and the same are hereby, set aside for simultaneous use by broadcasting stations located both in the Dominion of Canada and in the United States, its Territories and possessions, and no station will be authorized by this commission on any of these frequencies with an authorized power which will cause interference at the boundary line between the Dominion of Canada and the United States of America, or in excess of 500 watts at any place within the United States of America or the Territories of Alaska and Porto Rico. Paragraph 4. That the frequencies within said broadcast band (subject to the foregoing) and periods of time for operation and station power to be used by broadcasting stations on said frequencies be, and the same are hereby, allocated equally to the zones, as follows: A. The following frequencies are allocated to the first, second, third, fourth, and fifth zones, respectively, as below indicated, for use by broadcasting stations, the amount of power to be used by such stations to be determined by further order of the commission: First zone: 660, 710, 760, 860, 990, 1,060, 1,110, and 1,150 kc. B. The following frequencies are allocated each for use by not less than two zones, with broadcasting stations in those zones being permitted to operate simultaneously, each station to have an authorized power not to exceed 5 kilowatts, the particular zone entitled to share in the allocation of any particular frequency to be determined by further order of the commission: 1,460, 1,470, 1,480, and 1,490 kc. C. The following frequencies are allocated for use by not less than two nor more than three zones, the broadcasting stations in those zones being permitted to operate simultaneously, and to have an authorized power not to exceed 1,000 watts, the particular zones entitled to share in the allocation of any particular frequency to be determined by further order of the commission: 580, 590, 600, 610, 620, 630, 780, 880, 890, 900, 920, 930, 940, 950, 1,010, 1,120, 1,220, 1,230, 1,240, 1,250, 1,260, 1,270, 1,280, 1,290, 1,300, 1,320, 1,330, 1,340, 1,350, 1,360, 1,380, 1,390, 1,400, 1,410, and 1,430 kc. |