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Oak Leaves and the origins of the 1927 Radio Act: Comment

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Abstract

The Radio Act of 1927 was enacted so as to pre-empt the common law property rights then being asserted over radio waves, thus facilitating a political equilibrium where broadcasters and regulators shared license rents. The Oak Leaves case of November 1926, awarding AM frequency rights to a private broadcaster on the homesteading principle, helped motivate Congress, steering it towards a “public interest” licensing law. The Twight paper, while ostensibly critiquing this now standard view in the law and economics literature, actually endorses it. The existing history stands corroborated, uncorrected.

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References

  • Coase, R.H. (1959). The Federal Communications Commission. Journal of Law & Economics 2: 1–40.

    Google Scholar 

  • Dill, C.C. (1938). Radio Law. Washington, DC: National Law Book Company.

    Google Scholar 

  • Hazlett, T.W. (1990). The rationality of U.S. regulation of the broadcast spectrum. Journal of Law & Economics 33: 133–175.

    Google Scholar 

  • Hazlett, T.W. (1995). Is the “public interest” in the public interest? Paper delivered at Western Michigan University (8 November).

  • Hill, K.A. (1969). Herbert Hoover's influence on broadcast legislation, 1921 to 1934. Ohio University Master's Thesis (23 August).

  • Lueck, D. (1995). The rule of first possession and the design of the law. Journal of Law & Economics 38: 393–436.

    Google Scholar 

  • Twight, C. (1996). What congressmen knew and when they knew it: Further evidence on the origins of U.S. broadcasting regulation. Public Choice 95: 247–276.

    Google Scholar 

  • Warner, H.P. (1953). Radio and television law. Albany: Matthew Bender & Company.

    Google Scholar 

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Hazlett, T.W. Oak Leaves and the origins of the 1927 Radio Act: Comment. Public Choice 95, 277–285 (1998). https://doi.org/10.1023/A:1004902006342

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