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(5) In the use and operation of said transmitter on and after the date above mentioned, defendants intend to use and operate it with a power of approximately 5,000 watts on a frequency of 1,190 kilocycles per second (corresponding to a wave length of 252 meters). Defendants also intend, however, and have openly so stated, to operate on a different frequency of their own choice if they find that such a change would be of advantage to them. On information and belief, plaintiff alleges that on November 11, 1928 (the date on which the Federal Radio Commission's new allocation of broadcasting stations, hereinafter mentioned, goes into effect), defendants, unless previously restrained thereform, will commence and will thereafter continue to operate on some one or more other frequencies between 550 and 1,500 kcs. (the abbreviation "kes.” being used to denote “kilocycles per second”), both inclusive, the exact frequency or frequencies to be thus used being to plaintiff unknown.
(6) In and by the use and operation of the Homewood transmitter, defendants will transmit energy, communications, and signals by radio
(a) From the State of Illinois to the other States of the United States, its Territories and possessions, including the District of Columbia, the Virgin Islands, Porto Rico, and Alaska.
(b) From the State of Illinois to foreign countries, including the Dominion of Canada, the Republic of Mexico, and the Republic of Cuba, and to the high seas, including the Atlantic and Pacific Oceans and the Gulf of Mexico beyond the territorial jurisdiction of the United States.
(c) Within the State of Illinois, with effects extending beyond the borders of said State to the other States of the United States, its Territories and posessions, and to foreign countries and the high seas beyond the territorial jurisdiction of the United States.
(d) Within the State of Illinois, causing interference with the transmission of communications and signals by radio transmitted by persons duly authorized from within said State to other States of the United States and to the Dominion of Canada.
(e) Within the State of Illinois, causing interference with the transmission of communications and signals by radio transmitted by persons duly authorized from other States of the United States, its Territories and possessions, into the State of Illinois, and with the reception of such communications and signals by persons within the State of Illinois.
() Within the State of Illinois, causing interference with the transmission of communications and signals transmitted by radio by duly authorized persons from the several States of the United States (other than the State of Illinois) to other States of the United States, its Territories and possessions, to foreign countries, and to the high seas beyond the territorial jurisdiction of the United States; and causing interference with the reception of such communications and signals by persons within each of such other States, Territories, and possessions of the United States, and within foreign countries, and on the high seas.
(7) The nature and character of the energy, communications, and signals which will be thus transmitted by defendants in and by the use and operation of the Homewood transmitter are as follows:
(a) A continuous series of electromagmetic waves will proceed from said transmitter (Operating with a power of 5,000 watts) in all directions for a distance of 3,000 miles or more. This series of waves is known as the “carrier wave," and, in the operating of a broadcasting station, the carrier wave is maintained substatially uniform with respect to length of each wave and frequency of such waves per second.
(b) On this carrier wave, defendants will, by appropriate apparatus, impress variations in amplitude and frequency, corresponding to communications desired to be transmitted. The process of impressing such variations on the carrier wave is known as “modulation." The modulated carrier wave serves to carry the communications so that they can be intelligibly received at distances of 1,000 miles or more when the transmitter is operating with a power of 5,000 watts..
(8) The nature of the broadcasting programs thus to be transmitted by defendants from the State of Illinois to the various places beyond the borders of said States as hereinabove set forth is as follows:
(a) The programs will consist mainly of entertainment and amusement, chiefly music, and in part of talks and addresses on various subjects.
(6) These programs will be designed and intended primarily to serve, and will serve, as a medium for advertising the respective businesses of defendants and for advertising the businesses of such other persons as will pay defendants a consideration therefor at rates set by defendants, and for communicating said.
advertising not only to persons within the State of Illinois but also to persons beyond the borders of that State in the other States of the United States, its Territories and possessions, foreign countries, and on the high seas.
(e) Said advertising will be accomplished by accompanying said programs with announcements and statements which defendants will likewise communicate not only to persons within the State of Illinois but also to persons beyond the borders of that State in the other States of the United States, its Territories and possessions, foreign countries, and on the high seas. These announcements and statements will advertise the businesses of defendants and of other persons who pay defendants a consideration therefor. Trianon, Incorporated, is engaged in the operation for profit of public dance halls in the city of Chicago. American Bond and Mortgage Company is engaged in supplying an investment service to a large number of investors in all parts of the United States, both within and without the borders of the State of Illinois, and in selling to such investors bonds, mortgages, and other securities.
(9) Radio communication is based on the transmission of electromagnetic waves through an hypothetical medium known as the ether. These waves travel at the uniform speed of 299,820 kilometers a second, and are commonly classified and distinguished from each other by the length of each complete wave and by the number (or frequency) of waves per second. T
The product of the length of a particular wave and its frequency per second expressed in kilocycles equals 299,820. A kilocycle is a thousand cycles, or complete individual waves.
(10) The hypothetical medium called the ether is, so far as is known, everywhere existent. It exists in a vacuum and it also exists in space occupied by matter, whether gaseous, liquid, or solid in form. The ether is one continuous medium and is not capable of being bounded, divided into parts, isolated, or appropriated or reduced to possession by mankind. It can be used for the transmission and reception of more than one comniunication or signal simultaneously in the same geographical region (the extent of which depends upon the power used) only by reason of the fact that waves having sufficiently different frequencies (wave-lengths) can be detected separately to the exclusion of other waves by apparatus designed for that purpose, such an apparatus being commonly known as a receiver. It is essential, therefore, that radio communication be so regulated, both nationally and internationally, that only frequencies sufficiently separated from each other be used simultaneously. Frequencies thus separated are usually and will hereafter be referred to as channels.
(11) Immediately after its establishment the Federal Radio Commission, acting under the authority of the radio act of 1927, determined that public interest, convenience, and necessity required and would be best served by setting aside for broadcasting stations a band of frequencies extending from 550 kcs. to 1,500 kcs. (corresponding to wavelengths extending from 545.1 meters to 199.9 meters), both inclusive, and by maintaining within that band a separation of 10 kos, between each channel. This policy had previously been adhered to, so far as under the radio act of 1912 it was permitted to, by the Department of Commerce for a long time, and the same policy is being, and has for a considerable period of time been, adhered to by the governments of European nations and of nations elsewhere in the world. The band of frequencies thus set aside for broadcasting stations has become, and is generally known as, the broadcast band, and will hereinafter be so referred to. On August 30, 1928, the commission crystallized its informal rulings on the subject into definite regulations which were duly incorporated in an order entered and promulgated by the commission on that date, known as General Order No. 40 (a copy of which is made a part hereof and marked Exhibit A). The necessity of providing channels for a great number of kinds of radio communication other than broadcasting, such as pointto-point radio relegraphy, point-to-point radiotelephony, amateur communication, communication to and from ships with each other and with land stations, aircraft communication, experimentation, the transmission of pictures and television, and many others, has made, and now makes it, impossible to provide any further channels for use by broadcasting stations outside said broadcast band.
(12) Of the 96 channels thus allocated for use by broadcasting stations in the broadcast band, the commission has at all times since its establishment set aside and reserved six channels for use exclusively by broadcasting stations located in and regulated and licensed by the Dominion of Canada, and eleven further chanDels for simultaneous or shared use both by stations located in the United States, its Territories and possessions, and by stations located in the Dominion of Can
ada, with certain limitations on power. On August 30, 1928, the commissior 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 neces. sity of thus providing these channels for exclusive use and for shared use by Cana dian 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 radia 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 à 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 kes.). 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 restriet 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 3-43
(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:
Power (in watts)
50 100 100 500 500 15
Colo. State Teachers College (KFHA) (1,000 6 a. m. to
6 p. m.).
250 50 75 100 100 150 60
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.
(Ž0) 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. ., 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