Mr. PINCOCK. This would require a special authorization from the Communications Commission if the station carrying the broadcast could consistently be heard in the United States.

Senator CURTIS. But is it lawful?

Mr. PINCOCK. Yes; it is lawful if it is authorized by the Commission. It is not lawful if it is not authorized by the Commission. Senator CURTIS. I think it should be lawful or not.

Mr. PINCOCK. This is the way it is written in the act and that is the way we have to

Senator CURTIS. Again, I realize you people didn't write the act. I think the act gives too much delegation of power and does not say what is lawful and what is not. It should not make the FCC guardian.

Senator MUNDT. What questions are included in your questionnaire, which I assume is submitted to you in the form of a sworn affidavit when a man applies either for a new license or a renewal is that right?

Mr. PINCOCK. There are many questions, Senator.

Senator MUNDT. But it is in the form of a sworn affidavit?

Mr. PINCOCK. Yes; it is.

Senator MUNDT. What question deals with the character, the background, the loyalty of the applicant? Do you ask him, for example, whether he has a criminal record?

Mr. PINCOCK. Senator, I am quite sure that we do ask this in the application insofar as broadcasters are concerned. On some of the other services we may not ask this question. I would like to supply the information for the record, if I may, after you give me an opportunity to check the forms.

Senator MUNDT. If you are not able to answer from your present knowledge, what questions, if any, you ask concerning the character and loyalty of the applicant-this may not be the fellow behind the microphone, but it may be the owner.

Mr. PINCOCK. It is always the owner to whom we direct this inquiry. If I may, I would like to submit for the record—

Senator MUNDT. When you said "broadcaster”, you meant a radio station as distinguished from a telephone?

Mr. PINCOCK. No. A broadcaster is one who uses radio for public consumption. A communicator by radio is one who uses it for these closed circuit things; and the questions may be different in several of these services, so I can't say for sure that in all of them this question is asked.

Senator MUNDT. Will you supply for the record, the printed record, because we may not want to burden it with the whole questionnaire, will you supply for the printed record a summation of the questions which you ask both the broadcaster and the private communicator which involve his criminal record, his loyalty, and whether or not he has taken the fifth amendment, if you ask that question, so that we have the whole thing at one place in the printed record?

Mr. PINCOCK. We will submit that information for the record; yes, sir.

Senator MUNDT. And quite apart from the big, long thing you are putting in?

Mr. PINCOCK. Yes; we will go through and pull those questions. The CHAIRMAN. Submit that summary and it will be printed in the record at this point.

(The summary referred to is as follows:)

FCC Form 301: Application for Authority To Construct a New Broadcast Station or Make Changes in an Existing Broadcast Station.

10. (a) Has applicant or any party to this application had a station license revoked by order or decree of any Federal court?

(b) Has the applicant or any party to this application been found guilty by a Federal court of the violation of the laws of the United States relating to unlawful restraints and monopolies and to combinations, contracts, or agreements in restraint of trade?

(c) Has the applicant or any party to this application been finally adjudged guilty by a Federal court of unlawfully monopolizing or attempting unlawfully to monopolize radio communications, directly or indirectly, through the control of the manufacture or sale of radio apparatus, through exclusive traffic arrangements, or by any other means, or to have been using unfair methods of competition? (See sec. 313 of the Communications Act of 1934.)

(d) Has the applicant or any party to this application been found guilty by any court of any felony or other crime involving moral turpitude, or of the violation of any State, territorial, or local law relating to unlawful lotteries, restraints, and monopolies and combinations, contracts or agreements in restraint of trade, or of using unfair methods of competition? FCC Form 301-A: Application for Remote Control of Broadcast Station. No such question included.

FCC Form 302: Application for New Broadcast Station License.
No such question included.

FCC Form 303: Application for Renewal of Broadcast Station License.

2. Is applicant or any person directly or indirectly controlling applicant, party to a suit in any Federal Court involving the monopolizing, or an attempt to monopolize radio communication directly or indirectly through control of the manufacturer or sale of radio apparatus, by exclusive traffic arrangements, or by any other means, or of using unfair methods of competition?

If the answer is "Yes," attach as Exhibit No. a full description of the proceeding, identifying the court and showing where records of the proceeding may be obtained. (See sec. 313 of the Communications Act of 1934.) FCC Form 308: Application for Permit to Locate, Maintain, or Use Studio or Apparatus for Production of Programs To Be Transmitted or Delivered to Foreign Radio Stations.

12. (a) Has the applicant been finally adjudged guilty by any Federal court of unlawfully monopolizing, or attempting unlawfully to monopolize radio communication, directly or indirectly, through control of manufacture or sale of radio apparatus, exclusive traffic arrangements, or any other means, or of unfair methods of competition?

(b) Is applicant directly or indirectly controlled by any party finally adjudged guilty as above stated? FCC Form 309: Application for Authority To Construct or Make Changes in an International, Experimental Television, Experimental Facsimile, or a Developmental Broadcast Station.

10. (a) Has the applicant or any party to this application been finally adjudged guilty by a Federal court of unlawfully monopolizing or attempting unlawfully to monopolize radio communications, directly or indirectly, through the control of the manufacture or sale of radio apparatus, through exclusive traffic arrangements, or by any other means, or to have been using unfair methods of competition? (See sec. 313 of the Communications Act of 1934.)

(b) If the answer is "Yes," submit as exhibit No.-a full disclosure concerning the persons and matters involved, identifying the court and the proceeding (by dates and file numbers), stating the facts upon which the proceeding was based or the nature of the offense committed, and the disposition of the matter.

FCC Form 310: Application for an International, Experimental Television, Experimental Facsimile, or a Developmental Broadcast Station License.

No such question included.

FCC Form 311: Application for Renewal of an International, Experimental Television, Experimental Facsimile, or a Developmental Broadcast Station License.

2. Is applicant, or any person directly or indirectly controlling applicant, party to a suit in any Federal Court involving the monopolizing, or an attempt to monopolize radio communication directly or indirectly through control of the manufacture or sale of radio apparatus, by exclusive traffic arrangement, or by any other means, or of using unfair methods of competition?

If the answer is "Yes," attach as exhibit No. a full description of the proceeding, identifying the court and showing where records of the proceding may be obtained. (See section 313 of the Communications Act of 1934.)

FCC Form 313: Application for Authorization in the Auxiliary Radio Broadcast Services.

No such question included.

FCC Form 314: Application for Consent To Assignment of Radio Broadcast Station Construction Permit or License.

10. (a) Has applicant or any party to this application had a station license revoked by order or decree of any Federal court?

(b) Has the applicant or any party to this application been found guilty by a Federal court of the violation of the laws of the United States relating to unlawful restraints and monopolies and to combinations, contracts, or agreements in restraint of trade?

(c) Has the applicant or any party to this application been finally adjudged guilty by a Federal court of unlawfully monopolizing or attempting unlawfully to monopolize radio communications, directly or indirectly, through the control of the manufacture or sale of radio apparatus, through exclusive traffic arrangements, or by any other means, or to have been using unfair methods of competition? (See section 313 of the Communications Act of 1934.)

(d) Has the applicant or any party to this application been found guilty by any court of any felony or other crime involving moral turpitude, or of the violation of any State, territorial, or local law relating to unlawful lotteries, restraints and monopolies and combinations, contracts or agreements in restraint of trade, or of using unfair methods of competition? FCC Form 315: Application for Consent To Transfer of Control of Corporation Holding Radio Broadcast Station Construction Permit or License.

4. Is transferor, or any person directly or indirectly controlling transferor, party to a suit in any Federal court involving the monopolizing, or an attempt to monopolize radio communication directly or indirectly through control of the manufacture or sale of radio apparatus, by exclusive traffic arrangements or by any other means, or of using unfair methods of competition?

5. Is transferor party to any other suit or proceeding which may be affected by the proposed transfer of control? If so, describe proceeding below.

10. (a) Has applicant or any party to this application had a station license revoked by order or decree of any Federal court?

(b) Has the applicant or any party to this application been found guilty by a Federal court of the violation of the laws of the United States relating to unlawful restraints and monopolies and to combinations, contracts, or agreements in restraint of trade?

(c) Has the applicant or any party to this application been finally adjudged guilty by a Federal court of unlawfully monopolizing or attempting unlawfully to monopolize radio communications, directly or indirectly, through the control of the manufacture or sale of radio apparatus, through exclusive traffic arrangements, or by any other means, or to have been using unfair methods of competition? (See section 313 of the Communications Act of 1934.)

(d) Has the applicant or any party to this application been found guilty by any court of any felony or other crime involving moral turpitude, or of the violation of any State, territorial, or local law relating to unlawful lotteries, restraints and monopolies and combinations, contracts or agreements in restraint of trade, or of using unfair methods of competition? FCC Form 316: Application for Consent To Assignment of Radio Broadcast Station Construction Permit or License or Transfer of Control of Corporation Holding Radio Broadcast Station Construction Permit or License.

No such question included.

FCC Form 317: Application for Standard Broadcast Station Special Service Authorization or Extension Thereof.

No such question included.

FCC Form 321: Application for Construction Permit To Replace Expired

Permit.

No such question included.

FCC Form 340: Application for Authority To Construct or Make Changes in :a Noncommercial Educational FM Broadcast Station.

13. (a) Has the applicant or any party to this application been finally adjudged guilty by a Federal court of unlawfully monopolizing or attempting unlawfully to monopolize radio communications, directly or indirectly, through the control of the manufacture or sale of radio apparatus, through exclusive traffic arrangements, or by any other means, or to have been using unfair methods of competition? (See section 313 of the Communications Act of 1934.)

(b) If the answer is "Yes," submit as exhibit No. a full disclosure concerning the persons and matters involved, identifying the court and the proceeding (by dates and file numbers), stating the facts upon which the proceeding was based or the nature of the offense committed, and the disposition of the matter.

FCC Form 341: Application for Noncommercial Educational FM Broadcast Station License.

No such question included.

FCC Form 342: Application for Renewal of Noncommercial Educational FM Broadcast Station License.

No such question included.

FCC Form 343: Application for Authority To Construct or Make Changes in a Television Broadcast Booster Station.

No such question included.

FCC Form 344: Application for Television Broadcast Booster Station License. No such question included.

FCC Form 346: Application for Authority To Construct or Make Changes in a Television Broadcast Translator Station.

6. (a) Has applicant or any principal party to this application had a station license revoked by order or decree of any Federal court?

(b) Has the applicant or any principal party to this application been found guilty by a Federal court of the violation of the laws of the United States relating to unlawful restraints and monopolies and to combinations, contracts, or agreements in restraint of trade?

(c) Has the applicant or any principal party to this application been finally adjudged guilty by a Federal court of unlawfully monopolizing or attempting unlawfully to monopolize radio communication, directly or indirectly, through the control of the manufacture or sale of radio apparatus, through exclusive traffic arrangements, or by any other means, or to have been using unfair methods of competition? (See section 313 of the Communications Act of 1934.)

(d) Has the applicant or any principal party to this application been found guilty by any court of any felony or other crime involving moral turpitude, or of the violation of any State, territorial, or local law relating to unlawful lotteries, restraints and monopolies and combinations, contracts, or agreements in restraint of trade, or of using unfair methods of competition? (e) Is there now pending in any court or administrative body against the applicant or any principal party to this application any action involving any of the matters referred to in paragraphs 6 (a), (b), (c) and (d) above? (f) Have voluntary proceedings in bankruptcy been instituted by, or have involuntary proceedings in bankruptcy ever been brought against apapplicant or any principal party to this application?

(g) Are there outstanding any unsatisfied judgments or decrees against applicant or any principal party to this application?

(h) If the answer to any of the foregoing parts of this paragraph is "Yes," submit as exhibit No. a full disclosure concerning the persons and matters involved, identifying the court and the proceeding (by dates and file numbers), stating the facts upon which the proceeding was based or the nature of the offense committed, and the disposition of the matter. FCC Form 347: Application for Television Broadcast Translator Station License.

No such question included.

FCC Form 348: Application for Renewal of Television Broadcast Translator Station License.

2. Is applicant or any person directly or indirectly controlling applicant, party to a suit in any Federal court involving the monopolizing, or an attempt to monopolize radio communication directly or indirectly through control of the manufacturer or sale of radio apparatus, by exclusive traffic arrangements, or by any other means, or of using unfair methods of competition?

If the answer is "Yes," attach as exhibit No. a full description of the proceeding, identifying the court and showing where records of the proceeding may be obtained. (See section 313 of the Communications Act of 1934.) FCC Form 400: Application for Radio Station Authorization in the Safety and Special Radio Services.

No such question included.

FCC Form 401: Application for New or Modified Radio Station CP-Other Than Broadcasting.

10. Has the applicant, or any person directly or indirectly controlling the applicant, been finally adjudged guilty by any Federal court of unlawfully monopolizing, or attempting unlawfully to monopolize radio communication, directly or indirectly, through control of manufacture or sale of radio apparatus, exclusive traffic arrangement, or any other means, or of unfair methods of competition?

FCC Form 403: Application for Radio Station License or Modification Thereof Other Than Broadcasting.

No such question included.

FCC Form 404-1: Application for Aircraft Radio Station License.

No such question included.

FCC Form 405: Application for Renewal of Radio Station License Other Than Broadcasting.

No such question included.

FCC Form 405-A: Application for Renewal of Radio Station License-Other Than Broadcasting-Short Form.

No such question included.

FCC Form 406: Application for Ground Station Authorization in the Aviation Service.

No such question included.

Fce Form 408: Application for Special Temporary Experimental Authorization.

No such question included.

FCC Form 480: Application for Civil Air Patrol Station Construction Permit and License.

No such question included.

FCC Form 481: Application for Authority To Operate a Station in the Radio Amateur Civil Emergency Service.

No such question included.

FCC Form 501: Application for New Ship Radio Station License.

No such question included.

FCC Form 505: Application for Citizens Radio Station Construction Permit and License.

No such question included.

FCC Form 525: Application for Disaster Communications Radio Station Construction Permit and License.

No such question included.

FCC Form 610: Application for Amateur Operator and/or Station License. No such question included.

FCC Form 610–A: Application for an Additional Amateur Station, a Club Station or Amateur Station for Recreation Under Military Auspices.

No such question included.

FCC Form 701: Application for Additional Time To Construct Radio Station. No such question included.

FCC Form 702: Application for Consent To Assignment of Radio Station Construction Permit or License Other Than Broadcasting.

13. (a) Has the assignee been finally adjudged guilty by any Federal Court of unlawfully monopolizing, or attempting unlawfully to monopolize, radio communication, directly or indirectly, through control of manufacture or sale of radio apparatus, exclusive traffic arangements, or any other means, or of unfair methods of competition?