Whereas section 6 of the Radio Act of 1927 (44 Stat. 1162, 1165) provides as follows: "Radio stations belonging to and operated by the United States shall not be subject to the provisions of sections 1, 4, and 5 of this Act. All such Government stations shall use such frequencies or wave lengths as shall be assigned to each or to each class by the President. All such stations, except stations on board naval and other Government vessels while at sea or beyond the limits of the continental United States, when transmitting any radio communication or signal other than a communication or signal relating to Government business shall conform to such rules and regulations designed to prevent interference with other radio stations and the rights of others as the licensing authority may prescribe. Upon proclamation by the President that there exists war or a threat of war or a state of public peril or disaster or other national emergency, or in order to preserve the neutrality of the United States, the President may suspend or amend, for such time as he may see fit, the rules and regulations applicable to any or all stations within the jurisdiction of the United States as prescribed by the licensing authority, and may cause the closing of any station for radio communication and the removal therefrom of its apparatus and equipment, or he may authorize the use or control of any such station and/or its apparatus and equipment by any department of the Government under such regulations as he may prescribe, upon just compensation to the owners. Radio stations on board vessels of the United States Shipping Board or the United States Shipping Board Emergency Fleet Corporation or the Inland and Coastwise Waterways Service shall be subject to the provisions of this Act." And Whereas the Government departments using radio find it necessary for efficient operation to make some changes in previous frequency assignments to individual stations and have requested that such changes be authorized; Now, therefore, I, Herbert Hoover , President of the United States of America, pursuant to the authority vested in me by law, do hereby allocate frequencies to the Government stations as follows: The following Government experimental radio stations are authorized to use miscellaneous frequencies from time to time provided no interference is caused with other authorized service: Navy Department: Naval Research Laboratory (NKF); Annapolis (NZO); Quantico (NZY). War Department: Fort Monmouth, N.J. (WLY); Wright Field, Ohio (WZAJ). Department of Commerce: Bureau of Standards, Washington, D.C. (WWV). In the allocation of these frequencies the following principles have been followed and shall be followed in the consideration of future applications for use of frequencies by Government departments: Utilization of Existing Communication Facilities "No department shall erect a new station in the proximity of an existing government station, unless the same is incapable of rendering to such department the service that it requires, which shall be determined only after careful consideration by the departments concerned or by the permanent interdepartment organization. Whenever practicable, such a situation shall be met by the expansion of the existing stations, if necessary under joint contribution of the Departments interested. No department shall close a station no longer needed by it which is serving other Government departments without first making arrangements in respect to such service that are satisfactory to the departments being served." "Experimental operation of any government radio station on a frequency not previously assigned to it but assigned to some government station by an Executive Order may be undertaken after approval by the other government agencies concerned through the Interdepartment Radio Advisory Committee, for a period to extend not beyond three months from the date of approval, with the proviso that it will cease operation on notice of interference." Government Encouragement to Private Radio Enterprises "The Government will encourage and foster the development of privately owned and operated radio facilities in such a manner that in time of war or similar national emergency there shall be available the most effective system for the national defense. In part, this encouragement shall consist of utilizing the services of commercial stations wherever Government interests warrant in the accomplishment of the service required." The stations listed herein may use other frequencies for the purpose of selecting a frequency more suitable for a particular service prior to requesting authority to change the frequency, provided a notice is first submitted to the Interdepartment Radio Advisory Committee and also a notice to the Federal Radio Commission, if the frequency is not included in the Executive order, on the proviso that it will cease operation on notice of interference from the Interdepartment Radio Advisory Committee or the Federal Radio Commission and such use shall not be for more than one month total. The powers of the stations shown are those at the time of issuance of Executive order and are not limitations upon the stations. The locations given are locations of the transmitting apparatus; and where control points are different, they are given in parentheses. This Executive order supersedes Executive Order No. 5638, June 8, 1931. HERBERT HOOVER The White House, June 6, 1932.
Executive Order 5855—Assignment of Frequencies to Government Radio Stations
Executive Brief • At a Glance
I, Herbert Hoover , President of the United States of America, pursuant to the authority vested in me by law, do hereby allocate frequencies to the Government stations as follows: The following Government experimental radio stations are authorized to use miscellaneous frequencies from time to time provided no interference is caused with other authorized service: Navy Department: Naval Research Laboratory (NKF); Annapolis (NZO); Quantico (NZY).
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Herbert Hoover on June 6, 1932, this order concerns Assignment of Frequencies to Government Radio Stations. I, Herbert Hoover , President of the United States of America, pursuant to the authority vested in me by law, do hereby allocate frequencies to the Government stations as follows: The following Government experimental radio stations are authorized to use miscellaneous frequencies from time to time provided no interference is caused with other authorized service: Navy Department: Naval Research Laboratory (NKF)…
Key Directives & Operative Actions
I, Herbert Hoover , President of the United States of America, pursuant to the authority vested in me by law, do hereby allocate frequencies to the Government stations as follows: The following Government experimental radio stations are authorized to use miscellaneous frequencies from time to time provided no interference is caused with other authorized service: Navy Department: Naval Research Laboratory (NKF); Annapolis (NZO); Quantico (NZY).
In the allocation of these frequencies the following principles have been followed and shall be followed in the consideration of future applications for use of frequencies by Government departments: Utilization of Existing Communication Facilities "No department shall erect a new station in the proximity of an existing government station, unless the same is incapable of rendering to such department the service that it requires, which shall be determined only after careful consideration by the departments concerned or by the permanent interdepartment organization.
Whenever practicable, such a situation shall be met by the expansion of the existing stations, if necessary under joint contribution of the Departments interested.
No department shall close a station no longer needed by it which is serving other Government departments without first making arrangements in respect to such service that are satisfactory to the departments being served." "Experimental operation of any government radio station on a frequency not previously assigned to it but assigned to some government station by an Executive Order may be undertaken after approval by the other government agencies concerned through the Interdepartment Radio Advisory Committee, for a period to extend not beyond three months from the date of approval, with the proviso that it will cease operation on notice of interference." Government Encouragement to Private Radio Enterprises "The Government will encourage…
Constitutional & Societal Entities Impacted
Policy Areas & Topics
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
"When the President takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb."
James Madison
Separation of Powers & Legislative Primacy
"The accumulation of all powers, legislative, executive, and judiciary, in the same hands... may justly be pronounced the very definition of tyranny." — Federalist No. 47 (1788)
Madison would express grave alarm over this order. By asserting independent authority in tension with legislative limits or the Bill of Rights, the Executive risks collapsing the separation of powers into unilateral rule. Under the Madisonian model, no emergency justifies the Executive substituting its decree for a deliberative Act of Congress.
Alexander Hamilton
The Energetic Executive & Unified Command
"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)
Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.
George Mason
Bill of Rights, Due Process & 10th Amendment
"The purse and the sword ought never to be in the same hands... nor the liberties of the citizen placed at the pleasure of a single magistrate." — Virginia Ratifying Convention (1788)
George Mason and the Anti-Federalists would sound a fierce warning. They feared that Article II would inevitably evolve into an elective monarchy. When an executive order impacts private rights, property, or civil liberties without individualized judicial process, Mason would see their darkest predictions verified.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Executive Scope & Faithfulness
Invokes broad unilateral or emergency executive authorities that test the constitutional boundary of the Take Care Clause.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Applies regulatory or compliance standards to private contractors or commercial entities.
Youngstown Jacksonian Tier
The order asserts independent Article II prerogative against statutory constraints, reallocates funds without explicit appropriation, or stretches executive power into realms constitutionally reserved to the legislature or judiciary.
This directive engages significant constitutional friction across statutory authorization, legislative prerogatives, or individual liberties.
Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 5855 (June 6, 1932), https://executiveordersarchive.org/orders/app-executive-order-5855-assignment-frequencies-government-radio-stations.