Really Mr. Howard!

Radio Record, Volume V, Issue 33, 26 February 1932, Page 6

Really Mr. Howard!

Amazing Article by

M.

P.

[* the ¢ oriutebmech "Star" of February 13, Mr. J, Howard, M.P., contributed an under the heading of "Control of Radio," dealing particularly with "B" class stations. In this article some statements are made that yvould be surprising, but perhaps ex‘eusable if they came from an ordinary member of the public. Issued by a member of Parliament they become extraordinary, and create wonder that 2 legislator can be so little- aware of the exact effect of legislation passed. The following are the statements made by Mr. Howard which do not square with a proper reading of the Broadeast Act as passed to the Statute Book. Mr. Howard says: (1) There is nothing in the Act giving the Minister power to buy any stations barring those stations owned by the Radio Broadcasting Company at the time of the passing of the Bill. (2) As a facet, the members of the Board have little power under the Act except to draw their salaries. (3) It is a part-time Board, and they cannot do anything without the consent of the Minister. (4) There is no power under the Act to help B ¢class stations. (5) There is no power under the Act for the Board to buy the B class stations. (6) Lhe Board cannot erect new stations apart from the stations owned by the Broadcasting Company. What the Act Does Say. N contrast with the foregoing didactic statements let Clause 15 of the Broadcasting Act speak for itself: "15. The functions of the Board shall be to carry on a broadcasting service within New Zealand on and after the first day of January, nineteen hundred and thirty-two. and to develop and improve such service from time to time: and for such purposes the Board may obtain licenses under the Post and Telegraph Act, 1928, for the establishment and operation of broadcasting stations, and may enter into agreements with the Minister pursuant to section two hundred and three of that Act for the payment to the Board of portion of the fees re- ‘'

ceived in respect of licenses in relation to wireless telegraphy. The Board shall have authority to carry on in connection with such broadcasting services any subsidiary business that in the opinion of the Minister is ancillary to the carrying on of such a service, and shall have all such other powers not inconsistent with this Act, as are reasonably necessary for the effective performance of its duties and functions." That clause is the major one establishing the authority of the Board. It authorises the Board>to "carry on a broadcasting service within New Zealand .,.and develop and improve such service from time to time." That authority is an all-embracing one. Under it the Board can do exactly what it likes in carrying out a broadcasting service. If it takes the view that the B class stations constitute a part of the broadcasting service it ean, so far as the power to do so is concerned, buy every B class station in the country, or, alfernatively, arrange for services, in whole or part, by every B class station in the country. It can also, *if it wishes, establish new stations at any points it likes throughout the country. It has the power to do so. The governing factor, of course, in regard to the actual discharge of those actions is finance. Statement by Minister. DEERING the debate on the Bill, the Postmaster-General. in reply to a question by Mr. Clyde Carr, said that the Board "could enter into negotiations with the B class stations. and trke them over or assist them. It would be a matter of policy." ; Mr. Harris asked: "Has the Board power to take them ‘over?’ and the Minister replied: "It has power to do anything it wishes in regard to the broadcasting system." ‘ey addition to carrying out the actual broadcasting service, the Board is given authority "to carry on any subsidiary business ancillary to the carrying on of such a service, and shall have ail such other powers not inconsistent with the Act as might be reasonably

necessary for the effective performance of its duties and functions." On this last point it is true that the qualifying clause "in the opinion of the Minister" is inserted, but on the major issues the Board has the authority to establish stations and operate stations under’ direct license from the Post and Telegraph Department. Only Three Kestrictions. HREE restrictions only are placed upon the Board as to what it shall not do. It shall not hold a dealer's license, this being a safeguard against the Board undertaking trading in wireless sets and so on, It is prohibited, again, from entering into negotiations or any arrangements with any Government other than the New Zealand Government. and it is restrained from borrowing any money or mortgasing or charging any of its property or rights, except with the precedent consent in-writing of the Minister of Finance-not the Postmas- ’ ter-General. Apart from these restrictions, the Board, under the Act, is given the allembracing power of "carrying on a broadcasting service within New Zealand and of developing and improving such service from time to time." Within that scope it can administer its revenues, as derived from the licenses as arranged with the Minister, entirely in its own discretion, In view of the comprehensive nature of Clause 15, it is surprising. to say the least. that Mr. Howard should haye written as he did.