Iconoclastic and contentious. That’s how some describe the 64-year history of the Pacifica Foundation’s noncommercial WBAI-FM 99.5 in New York. Fiscal problems in August 2013 led to major layoffs. An October 2019 attempt to end all local broadcasts at the station was thwarted in state court. Just weeks ago it shared with listeners that it is behind on its tower lease agreement and is seeking donor support to avoid eviction.
That effort could come under scrutiny from the FCC, which has entered into a Consent Decreee with WBAI and Pacifica to resolve violations of its underwriting rules for noncommercial radio stations.
As first reported by Streamline Publishing’s Radio Ink, the Commission’s Media Bureau on Tuesday adopted an order that resolves issues regarding compliance with sections 317 and 399B of the Communications Act of 1934, as amended (Act), and sections 73.503(d) and 73.1212 of the Commission’s rules.
The issues were uncovered by the Media Bureau as part of a license renewal proceeding, which commenced following the January 21, 2022 filing of WBAI’s license renewal application. That action alone yielded a Petition to Deny by “Pacifica Safety Net,” and “several” informal objections.
The petition and objections brought to light “inducements to buy products or services” provided by program guests, which could be heard on the “Gary Null Show,” the “Christine Blosdale Special,” and “Off the Hook.” While a noncommercial radio station can air announcements acknowledging underwriting support, they cannot include comparative and qualitative descriptions, price information, or calls to action.
In the case of WBAI, the petitioners and objectors note, WBAI program hosts promoted these products and services without proper sponsorship identification. The investigation examined broadcasts from June 2014 to April 2022.
While some petitioners seek an outright denial of a license renewal, in this case Pacifica Safety Net sought a short-term license renewal and monetary forfeiture, or perhaps a consent decree.
The latter route was chosen by the Media Bureau, and Pacifica said yes. It therefore is absolved of its FCC transgressions as it makes a $25,000 payment to the U.S. Treasury, and as such as not a fine as defined by the Commission.
Additionally, WBAI must adhere to a comprehensive plan to ensure its future compliance with its underwriting and sponsorship identification obligations, and submit annual
compliance reports to the Bureau for the duration of the license term.
And, a short-term license renewal of two years will be granted.
