[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
> www.media-alliance.org <http://www.media-alliance.org>
> 415-746-9475
> 510-684-6853 Cell
> Encrypted email at tracy.rosenberg at protonmail.com
> <mailto:tracy.rosenberg at protonmail.com>
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> 
> -


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