[grc] Wow
Tim Požár
pozar at lns.com
Tue Oct 8 23:12:59 PDT 2019
A license holder must have control of the license as the FCC can and
will pull a license from a license holder if that can't be demonstrated.
I am sure I don't have to detail what those conditions are for the
educated here.
The state court does not have jurisdiction in telling Pacifica what they
must be putting on the air.
I know that an appeal will be filed by Pacific. Likely very shortly
after, the ruling by NY will be struck down.
I am not going to go into whether "Pacifica has compromised itself in a
number of ways" as that argument is not relevant here. Pacific owns the
licenses and that is still the case as far as the FCC goes.
Tim
On 10/8/19 10:38 PM, Tracy Rosenberg wrote:
> Not necessarily Tim. Long-term of course, but Pacifica has compromised
> itself in a number of ways: violating the bargaining agreement,
> violating the bylaws, not complying with the court order until they were
> granted relief, redirecting funds without donor consent that were
> donated to support local radio operations in NY. Most likely the TRO
> will be kept in effect until the hearing on the 18th. Contempt of court
> is never a good position to start with.
>
> And yes, the lack of any action of the board of directors to authorize
> the restructuring of WBAI is an issue, as Ann points out.
>
> Nonprofits *are* their board of directors. That's who owns the licenses.
> Members of the board of directors are among the plaintiffs. So who is
> the "Pacifica" who decided to do something?
>
> On Tue, Oct 8, 2019 at 10:17 PM Tim Požár via grc <grc at maillist.peak.org
> <mailto:grc at maillist.peak.org>> wrote:
>
> The NY State verdict will be struck down. Pacific has the licenses and
> state government can't tell a federally licensed station what to do with
> the station. I expect an appeal tomorrow if not already submitted
> today.
>
> Tim
>
> On 10/8/19 5:39 PM, Ann Garrison via grc wrote:
> > I keep checking the website and the taker-overs are still in
> control of
> > it. I'm in a noisy place on my phone where I can't turn the
> stream on, so
> > I'm not sure whether they're still in control of the airwaves but
> I imagine
> > so. This is entertaining if nothing else.
> >
> > On Tue, Oct 8, 2019, 5:33 PM Jim Ellinger via grc
> <grc at maillist.peak.org <mailto:grc at maillist.peak.org>>
> > wrote:
> >
> >> Wow.
> >>> Democracy Now! this morning said that a lawsuit has been filed
> and that
> >>> local programming has been reinstated for the time being.
>
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> --
> Tracy Rosenberg
> Executive Director
> Media Alliance
> 2830 20th Street Suite 102
> San Francisco, CA 94110
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