Although radio communication (originally known as "wireless telegraphy") was developed in the late 1890s, it was largely unregulated in the United States until the passage of the
Radio Act of 1912, which placed licensing authority under the
Department of Commerce. However, a pair of successful legal cases challenging the federal government's powers under the 1912 Act led to its eventual replacement. In 1921 the Commerce Department had tried to refuse to issue a renewal license to a point-to-point radiotelegraph station in New York City, operated by the Intercity Radio Company. Intercity appealed, and in 1923 the Court of Appeals of the District of Columbia sided with Intercity, stating the 1912 Act did not provide for licensing decisions at "the discretion of an executive officer". Commerce planned to request a review by the Supreme Court, but the case was rendered moot when Intercity decided to shut down the New York City station. A second challenge occurred when the
Zenith Radio Corporation's high-powered radio station,
WJAZ in Chicago, in early January 1926 began transmitting on an unassigned frequency, invoking the Intercity Radio Company case rulings to claim the federal government had no legal authority to specify operating requirements. On April 16, 1926, Judge
James H. Wilkerson ruled in Zenith's favor, and a July 8, 1926 review of the case by Acting Attorney General William J. Donovan concluded that: "the present legislation is inadequate to cover the art of broadcasting, which has been almost entirely developed since the passage of the 1912 Act. If the present situation requires control, I can only suggest that it be sought in new legislation, carefully adapted to meet the needs of both the present and the future." ==Radio Act of 1927==