Broadcasting (July - Dec 1939)

WMCA Denies FCC's Charge It Intercepted Code Messages Informs Commission That Claims of Utilizing British and German Orders Were False FCC Order to Show Cause in WMCA Case radio's delicate role in the international situation was reeniphasized Sept. 12 when the FCC issued a "show cause" order demanding that WMCA, New York, reply to information in its possession to the effect that WMCA had "caused the interception of secret radio communications sent by the Governments of Germany and Great Britain, respectively, containing orders to the naval or military forces of said Governments to govern the movement of said forces in time of war and thereafter caused the said messages to be decoded and broadcast over the facilities of Station WMCA, all without authority of the respective senders of said communications." To this charge Knickerbocker Broadcasting Co. Inc., operating WMCA, through its vice-president and counsel, William Weisman, entered an immediate and sweepingdenial on Sept. 14, one day before the FCC's deadline date for reply. At the same time, Donald Flamm, president and general manager of WMCA, denied the charge which, if substantiated, might render his station subject to revocation of license for violation of Section 60.5 of the Communications Act relating to unauthorized publication of communications. May Come Up Sept. 19 The reply is now in the hands of all of the Commissioners, along with FCC evidence and WMCA exhibits designed to show the source of WMCA war broadcasts. The next meeting of the full Commission takes place Tuesday, Sept. 19, when the case presumably will be considered and adjudged. The charge followed publication by WMCA of advertisements in Radio Daily and Variety headed "Scoop" and reproducing articles by George Ross in the New York World-Telegravi and Ben Gross in the New York Mirror calling attention to British and German admiralty secret shortwave messages which allegedly were first broadcast over WMCA. Such an action, it was stated, would contravene the law stipulating that "no person not being authorized by the sender shall intercept any communication and divulge or publish the existence, contents, substance, purport, effect or meaning of such intercepted communication." Mr. Ross in the World-T elegram was quoted as having written, "WMCA flashed the British Admiralty orders and the secret German naval orders before these became public knowledge. And the story of these exclusives is this: Several weeks ago the station hired an expert on naval code, who stationed himself near the shortwave receiver of a local morning newspaper. As secret orders from shore to ship were flashed from England and Germany, he quickly decoded them and rushed his findings to the microphones." This statement was labeled as false by Mr. Flamm, who declared that all of WMCA's news is and has been derived from the wires of the International News Service and from the New York Herald-Tribune and Neiv York Mirror, with which it has tieups. WMCA neither employs a code expert nor has ever broadcast a decoded report, he said. With reference to the particular broadcast under scrutiny, the story is said to have come from newspaper sources which published it next morning. "We wish to emphasize," said Mr. Flamm, "that WMCA has committed no violation of any regulation, and that its broadcasting of news was done only through accredited and responsible newsgathering agencies." This statement is in effect the basis of Mr. Weisman's affidavit filed with the FCC. Mr. Flamm asserted that WMCA actually broadcast no such bulletin as the FCC charge and his advertisement described. He said the use of the newspaper clippings was a promotional stunt executed by the WMCA advertising department and designed to show WMCA's alertness in handling war news. (Continued on Page 90) WHEREAS, the Government of the United States has agreed with certain other governments, including Germany and Great Britain, to take all the measures possible, compatible with the system of telecommunications used, with a view to insuring the secrecy of international correspondence ; and WHEREAS, in order to insure the secrecy of international radio communications, the United States Government has agreed with other governments, including Germany and Great Britain, to take the necessary measures to prohibit and prevent (a) the unauthorized interception of radio communications not intended for the general use of the public; and (b) the divulging of the contents or of the mere existence, the publication or any use whatever, without authorization, of such radio communications ; and WHEREAS, Section 60.5 of the Communications Act of 1934 provides that no person not being authorized by the sender shall intercept any communication and divulge or publish the existence, contents, substance, purport, effect, or meaning of such intercepted communication to any person, and further provides that no person having received such intercepted communication or having become acquainted with the contents, substance, purport, effect, or meaning of the same or any part thereof, knowing that such information was so obtained, shaU divulge or publish the existence, contents, substance, purport, effect, or meaning of the same or any part thereof, or use the same or any information therein contained for his own benefit or for the benefit of another not entitled thereto ; and WHEREAS, the FCC has been directed by Congress to execute and enforce the provisions of the Communications Act of 1934. as amended ; and WHEREAS, the FCC has informa Text of WMCA Denial of FCC Charge WILLIAM WEISMAN, being duly sworn, deposes and says : 1. I am Vice President of Knickerbocker Broadcasting Company, Inc. (WMCA), and make this affidavit in answer to the Order to Show Cause made in the above-entitled proceeding on Sept. 12, 1939. 2. WMCA neither directly nor indirectly intercepted or caused the interception of secret radio communications sent by the governments of Germany and Great Britain, respectively, or any other government, containing orders to the naval or military forces of any said governments to govern the movement of said forces in time of war. Neither has WMCA at any time, under any circumstances, intercepted any code messages of any government in time of war or any other times. 3. In the course of its daily broadcasting schedule, WMCA has broadcast news dispatches, including those emanating from the governments of Germany and of Great Britain. However, WMCA has no news-gathering bureau of its own and relies entirely for its sources upon accredited newsgathering agencies. A. In connection therewith, WMCA has a written contract with King Features Syndicate Inc. (International News Service Department). A photostatic coijy of said contract is hereto annexed, marked "Exhibit A", and made a part hereof. By virtue of said agreement there is installed in the offices of WMCA a news ticker to which is transmitted the regular news service of King Features Syndicate (INS). WMCA edits the said news reports and prepares the same for broadcasting. B. Because of the unusual situation in Europe during the past few weeks, and of the great interest of the American people in every phase of news emanating from Europe, WMCA entered into an agreement with the Islew York Herald-Tribune, by the terms of which the Neio York Herald-Tribune has furnished WMCA, for broadcasting purposes, special news flashes which it has received from its own direct sources and correspondents in Europe. Copies of the letters constituting such agreement are annexed hereto, marked "Exhibit B-1", "Exhibit B-2" and "Exhibit B-3", and made a part hereof. See also photostatic copy of bill rendered by New York Herald-Tribune, annexed hereto, marked "Exhibit C", and made a part hereof. C. By virtue of an oral arrangement with the Neio York Daily Mirror there is broadcast over the facilities of Station WMCA, once each day for 15 minutes, a news program emanating directly from the editorial rooms of the said Neto York Daily Mirror. These broadcasts have always consisted of news items which had already appeared in that publication. 4. I state upon my oath that WMCA has not had, nor has it now, any knowledge of any secret or other code used by the governments of Germany or of Great Britain, or of any of the departments of either of said governments. 5. By this affidavit I swear that WMCA has not broadcast any news item or other information which it obtained illegally or which WMCA had any reason to believe was obtained illegal'Iy by any other person, firm or corporation. In fact, all of the news items which were broadcast by WMCA have appeared in the daily newspapers in the regular course of publication. 6. I am aware of the advertisement which appeared in the Radio Daily of Sept. 6, 1939, in which is reproduced excerpts from columns published tion in its possession tending to >• tablish that the Knickerbocker Broai casting Co., Inc., licensee of Static WMCA, New York, New York, causr the interception of secret radio con munications sent by the governmem^ of Germany and Great Britain, t<' spectively, containing orders to tb naval or military forces of said goernments to govern the movement said forces in time of war, and ther^ after caused the said messages to b decoded and broadcast over the facdi ties of Station WMCA, all withou authority of the respective senders fi said communications, and WHEREAS, during the period o tense international relations the pul lie interest, convenience and necessit, required strict observance by licensee of radiobroadcast stations in this coun try of all provisions of internationa undertakings and Federal legislatior relating to ■ the secrecy of internationa communications ; NOW, THEREFORE. IT IS OR DERED that the Knickerbocker Broad casting Co. Inc., at or before 11 a.m. Sept. 15, 1939, file a written state ment under oath in the office of thSecretary of the Commission, Wash ington, D. C, which shall set fort! all facts and circumstances pertainiu; to said alleged interception and broad casting and shaU show cause why th' FCC .should not, pursuant to Sectioi 312(a) of the Communications Act o 1934, as amended, revoke the licens' for said Station WMCA for violatioi of and failure to observe the provision; of the Communications Act of 1934 as amended, constituting conduct b; said licensee contrary to the public in' terest. By order of the Commission, i T. J. Slowie, Secretary. Coughlin Picketers Quit Following Crisis Ordei PICKETING of WMCA, Nev York, by sympathizers of the Rev Charles E. Coughlin in protes' against the station's refusal U carry the radio priest's weeklj talks, was suspended indefinitely Sept. 9. Teresa Hanley, secretarj of the Committee for the Defense of American Constitutional Rights Brooklyn, announced the suspen sion as a result of Mayor LaGuard la's appeal against public demon strations during the war crisis. In making the announcement, tht committee official stated the picketing, which had been carried on foi 38 weeks, would be resumed "wher the crisis has passed" and the bar ii; lifted. The previous Sunday, Sept:* 3, a delegation of 300 persons, gathered to participate in the picketing during the hour Fr. Cough-, lin broadcasts, had been dispersec by police, who explained that only four persons would be allowed tc picket at one time during the bar against demonstrations. in New York City newspapers, ant in which it is stated that WMCA hat decoded secret orders of the govern ments of Germany and Great Britain WMCA does not control, directly oi indirectly, in any manner, either thf said publications or any of the writers of the said columns. WMCA used the said items in the advertisement only as an indication of the fact that WMCA did broadcast the news items in advance of other radio stations oi in advance of their publication in thi daily newspapers in New York City ■ but not for the purpose of advertising that WMCA had in fact intercepted or decoded any of the secret orders oi Germany, Great Britain or any othei government. 7. I wish to make entirely clear that neither Knickerbocker Broadcasting Company, Inc. nor any of its officers, directors or employes have, directly oi indirectly, violated any of the provisions of the Communications Act of 1934 as amended, or any parts thereof, especially those specified in the said Order to Show Cause. William Weisman Page 14 • September 15, 1939 BROADCASTING • Broadcast Advertisings