[grc] Wow

[Tracy Rosenberg]

They filed one. It will be heard tomorrow at 10:30, probably along with the
contempt of court complaint filed earlier in the day by the plaintiffs.

As I said, Section 1315 of the NY nonprofit code offers sweeping powers
over foreign corporations. It is more expansive jurisdiction than almost
any other state claims, and since funds from New Yorkers given to support
local radio operations in the last 5 days have been re-appropriated without
donor consent, they can likely make the jurisdiction stick.

Without a documentable vote or a notification to the individuals named on
the ownership statement at the FCC (the board of directors of the
nonprofit), the licensee under law is not the same as the parties that took
action. The chair of the board was not notified. All 4 directors elected by
the members from the NYC area were not notified. What's the basis for the
claim that this is the action of the actual licensee when the ownership
statement at the FCC names 22 individuals and a majority were not notified
this action was going to occur?

It's not entirely black and white at all. A nonprofit is legally composed
of its board of directors.

On Tue, Oct 8, 2019 at 11:35 PM bobpts--- via grc <grc at maillist.peak.org>
wrote:

> tim, you're correct about license holder and jurisdiction.  what isn't
> clear to me is whether or not pacifica WILL file an appeal.  given the
> chaos at pacifica, is there sufficient control there to take action in
> that way?  who's in charge at pacifica?
>
>
>
> Quoting Tim Požár via grc <grc at maillist.peak.org>:
>
> > 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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> >>     grc at maillist.peak.org <mailto:grc at maillist.peak.org>
> >>     http://maillist.peak.org/mailman/listinfo/grc
> >>
> >>
> >>
> >> --
> >> 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>
> >> Text via Signal
> >>
> >> -
> > _______________________________________________
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>
>
>
> _______________________________________________
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>


-- 
Tracy Rosenberg
Executive Director
Media Alliance
2830 20th Street Suite 102
San Francisco, CA 94110
www.media-alliance.org
415-746-9475
510-684-6853 Cell
Encrypted email at tracy.rosenberg at protonmail.com
Text via Signal

-