River may want 106.1 so what of Touch?

[raccoonradio]

Today's Fybush column mentions undocumented broadcaster (really, it's so impolite to say "pirate radio" unless you're talking about the Pittsburgh baseball team's KDKA-FM) Touch 106.1's owner Charles Clemons is running for mayor but given recent polls seems unlikely to win; however a _documented_ broadcaster, Steve Silverberg's WXRV 92.5 Andover now wishes to put a translator not on 96.5 but on 106.1 (in Needham)--see Fybush's column, available by subscription, for why. Horrors! Why, that might affect the operation of "Touch" whose operation at 106.1 has been running for years despite the absence of that little piece of paper saying they
are legal. (106.1 is also the home of WCOD on the Cape, which I pick up sometimes here on the North Shore, and also
WNBP in Newburyport legally rebroadcasts on that frequency).

It's also mentioned WUMB is broadcasting from a new tower--lower power but more height and at a different location. I wonder if that is part of the reason why here in Beverly it was tough to pick up WUMB due to my own WMWM --which is back at the power it should be due to a transmitter
repair. Instead of UMB "walking on" WMWM, it was the other way 'round. Hmm.

 

[CTListener]

I realize that the Globe hasn't had a reporter specializing in radio for many years, but it still amazes me that nobody there seems to think Clemons' position as "general manager" (as he was described in a Sunday story) of an illegal enterprise should be an issue in this campaign, or even brought up. How come nobody has asked about Touch's tax status? Is this illegal enterprise somehow a legal entity for tax purposes? Are advertisers' accounts dealt with in the same way legitimate broadcasters deal with them? Yes, Touch does play music that research has shows "won't work" on a full-coverage signal, and yes, that music has fans in a community that could be considered underserved by corporate Boston radio. But no matter how Clemons tries to paint himself and his station as Robin Hood, and no matter how many times he says he'll go legit as soon as the FCC accepts his low power application, the fact remains that what he's doing now is illegal. Why isn't this mentioned prominently in every story dealing with his efforts to win the top political office in the city?

 

[raccoonradio]

Maybe there's a loophole--maybe they run a dance club and file taxes and include the station as part of it. Who knows, it could be some kind of loophole. So far they have that $17k fine still outstanding and from what I can gather that hasn't been paid. The FCC would need help from fed marshalls for equipmeny seizure etc., and I guess there were complaints from stations to the left or right of them but there's a bit of space between them and WROR, them and WMJX. Had it been "Touch 105.9" or "Touch 106.5" it might be a different story. Now that Silverberg may get a repeater in Needham... (or is that far enough away from Boston to allow
co-existence? Depending on transmitter location Needham might be only about 10-12 mi. away from Dorchester as the crow flies...
I'm not sure of Touch's TL but that's a guess)

 

[raccoonradio]

Oops I'd missed that Fybush had said Touch is out of Roxbury, not Dorchester....closer still to the proposed Needham repeater?

 

[dyeingeye]

I realize that the Globe hasn't had a reporter specializing in radio for many years, but it still amazes me that nobody there seems to think Clemons' position as "general manager" (as he was described in a Sunday story) of an illegal enterprise should be an issue in this campaign, or even brought up. How come nobody has asked about Touch's tax status? Is this illegal enterprise somehow a legal entity for tax purposes? Are advertisers' accounts dealt with in the same way legitimate broadcasters deal with them? Yes, Touch does play music that research has shows "won't work" on a full-coverage signal, and yes, that music has fans in a community that could be considered underserved by corporate Boston radio. But no matter how Clemons tries to paint himself and his station as Robin Hood, and no matter how many times he says he'll go legit as soon as the FCC accepts his low power application, the fact remains that what he's doing now is illegal. Why isn't this mentioned prominently in every story dealing with his efforts to win the top political office in the city?

That Touch is unlicensed has nothing to do with its tax status. Clemons could set up a corporation or LLC and run the station just like anybody would run a landscaping or contractor business. Or, most likely, he runs it as a sole proprietorship and everything is in his name. That the underlying business is unlicensed has nothing to do with tax status or reporting.

Also, will people please stop with "corporate" as a derogatory term? A corporation is simply a type of business organization. Most every radio station, regardless of size, is owned by a corporation or LLC. Do you mean large, publicly traded business when you use "corporate"?

 

[dumber than a box of hair]

That Touch is unlicensed has nothing to do with its tax status. Clemons could set up a corporation or LLC and run the station just like anybody would run a landscaping or contractor business. Or, most likely, he runs it as a sole proprietorship and everything is in his name. That the underlying business is unlicensed has nothing to do with tax status or reporting.

I wouldn't be so quick to differentiate the two. IANAL, but ISTR that creating a corporation of any sort to operate an illegal enterprise is against the law. Applying to incorporate means you have to file forms with the government, on which you make statements under penalty of perjury.

 

[dumber than a box of hair]

I realize that the Globe hasn't had a reporter specializing in radio for many years, but it still amazes me that nobody there seems to think Clemons' position as "general manager" (as he was described in a Sunday story) of an illegal enterprise should be an issue in this campaign, or even brought up.

They're probably not bothering because they know he has a snowball's chance in h*ll.

 

[Joseph_Gallant]

If WXRV got a translator on 106.1, would a downtown Boston transmitter location or one atop Blue Hill give better coverage of downtown Boston?? With the latter, they'd get better coverage of the city's Southern suburbs.

By the way, where I am in Norwood, I have never picked-up "Touch" on any of my FM radios. I regularly pick-up another pirate, "Choice 102.9", on several of my "better" FM receivers.

BTW, "undocumented radio station"?? LOL!

 

[Jacko]

While WXRV putting a translator on 106.1 in Needham may not necessarily get them better coverage in downtown Boston, it does do two things: one, it puts further pressure on Touch 106.1 to shut down as it would be interfering with a licensed station; and two, it will improve reception of The River in an area with 92.5 gets clobbered with the FM-128 signals being there.

Now, if there was a way for WXRV to get a translator on top of the Pru or One Financial... I mean, does anybody listen to the WCRB translator on 96.3?

Jacko

 

[CTListener]

If WXRV got a translator on 106.1, would a downtown Boston transmitter location or one atop Blue Hill give better coverage of downtown Boston?? With the latter, they'd get better coverage of the city's Southern suburbs.

By the way, where I am in Norwood, I have never picked-up "Touch" on any of my FM radios. I regularly pick-up another pirate, "Choice 102.9", on several of my "better" FM receivers.

Driving on Rt. 1A, both come in fine in Revere, but 106.1 fades out in Lynn. 102.9 is still in there all the way to Swampscott, but getting flaky.

 

[radiorama1]

I realize that the Globe hasn't had a reporter specializing in radio for many years, but it still amazes me that nobody there seems to think Clemons' position as "general manager" (as he was described in a Sunday story) of an illegal enterprise should be an issue in this campaign, or even brought up. How come nobody has asked about Touch's tax status? Is this illegal enterprise somehow a legal entity for tax purposes? Are advertisers' accounts dealt with in the same way legitimate broadcasters deal with them? Yes, Touch does play music that research has shows "won't work" on a full-coverage signal, and yes, that music has fans in a community that could be considered underserved by corporate Boston radio. But no matter how Clemons tries to paint himself and his station as Robin Hood, and no matter how many times he says he'll go legit as soon as the FCC accepts his low power application, the fact remains that what he's doing now is illegal. Why isn't this mentioned prominently in every story dealing with his efforts to win the top political office in the city?

Remember --- this is Massachusetts we're talking about. In this state, "it isn't illegal to be illegal" according to our State Attorney General Martha Coakley.

 

[Fenway1912]

The Touch 'mission statement'

http://touchfm.org/about-us/


It is obvious that Touch has political friends in high places and they appear to be 'untouchable'.

A FCC worker in Quincy knows if the wrong person is angered they could be transferred to Anchorage. No licensed broadcaster wants to make a complaint against them perhaps fearing backlash in the community. The FCC knows where the studio and transmitter are but nothing happens.

Boston stands alone in the fact that not a single licensed broadcast station caters to the black market. WILD for decades served that role but at the end ownership said the community could not support the station but they seem to be supporting Touch.

WILD today is a disgrace. Being a daytimer of course hampered them and I don't know if they had any possible option of getting low power at night because of WBAL but could they have reached Roxbury, Dorchester or Mattapan at night from Medford?

It is a bizarre situation.

 

[Eli Polonsky]

If WXRV got a translator on 106.1, would a downtown Boston transmitter location or one atop Blue Hill give better coverage of downtown Boston?? With the latter, they'd get better coverage of the city's Southern suburbs.

By the way, where I am in Norwood, I have never picked-up "Touch" on any of my FM radios. I regularly pick-up another pirate, "Choice 102.9", on several of my "better" FM receivers.

I'm not sure whether a downtown Boston location or Blue Hill location for a translator on 106.1 would be as likely to be granted as Needham due to their closer proximity to 105.7 on the Pru, and even the possibility of an IF problem with 95.3 (WHRB) on Financial Place. IF interference issues may occur when FM stations located 10.7 (including 10.6, 10.8) mHz apart are in close proximity to one another.

"Choice 102.9" may be running more power than "Touch 106.1", possibly from a higher transmitter location, and a bit closer to Norwood (from Dorchester or Mattapan) than from Roxbury. Since there's no documentation on these stations, we don't know their technical details.

 

[Eli Polonsky]

WILD today is a disgrace. Being a daytimer of course hampered them and I don't know if they had any possible option of getting low power at night because of WBAL but could they have reached Roxbury, Dorchester or Mattapan at night from Medford?

Due to WBAL's nighttime dominance in the area, I don't believe there's any way that WILD could reach Boston's urban neighborhoods at night. If WILD could get any nighttime license AT ALL, it would be such low flea power that it wouldn't serve much more than the Gateway and Meadow Glen malls off of Route 16.

Even WILD's half-hour post-sunset authority power, the amount isn't documented but it may be close to 100 watts, gets all cut up by WBAL in Boston's urban neighborhoods on any strong skywave evening.

 

[CTListener]

I'm not sure whether a downtown Boston location or Blue Hill location for a translator on 106.1 would be as likely to be granted as Needham due to their closer proximity to 105.7 on the Pru, and even the possibility of an IF problem with 95.3 (WHRB) on Financial Place. IF interference issues may occur when FM stations located 10.7 (including 10.6, 10.8) mHz apart are in close proximity to one another.

"Choice 102.9" may be running more power than "Touch 106.1", possibly from a higher transmitter location, and a bit closer to Norwood (from Dorchester or Mattapan) than from Roxbury. Since there's no documentation on these stations, we don't know their technical details.

Could Touch actually be running a directional pattern with a null to the south/southeast to make sure there's no possibility of a coverage overlap with WCOD that the FCC might have no choice but to take action on?

Listening online right now to some pretty impressive election coverage, considering that the station has a horse in the race. Jimmy Myers is on right now talking about his days in the civil rights movement and how that ties into the importance of today's vote.

 

[Fenway1912]

Touch is not your typical pirate.

I don't know how they handle internet music streaming fees but that doesn't seem to be an issue.

 

[dumber than a box of hair]

really, it's so impolite to say "pirate radio" unless you're talking about the Pittsburgh baseball team's KDKA-FM

So, in addition to being *the* commenter on all things radio, you're now the etiquette police?

I prefer a more direct approach: Law-breaker. Illegal broadcaster. Political wannabe.

 

[dumber than a box of hair]

Touch is not your typical pirate.

I don't know how they handle internet music streaming fees but that doesn't seem to be an issue.

Anyone up for dropping a dime to ASCAP, BMI and SESAC?

 

[raccoonradio]

I'm being sarcastic, of course--political correctness dictates we use certain terms, and some refer to illegal aliens as "undocumented".
That's a joke I was tossing in. I agree, they are illegally broadcasting but I was spoofing politically correct language, much as Stan
Freberg and Daws Butler had the "censor" change Moon River: Elderly Man River, he must know somethinG but he DOESN'T say ANYTHING...you get a little--"

Suddenly Stan stops singing before he can get out the "D" word. Perhaps he could have sung "you get a little intoxicated".
"OK. You win..."

Daws: Thank you. We must protect the tiny tots.
http://www.youtube.com/watch?v=PLlTlYfqQV4

You're welcome, I am sure.

 

[dyeingeye]

I wouldn't be so quick to differentiate the two. IANAL, but ISTR that creating a corporation of any sort to operate an illegal enterprise is against the law. Applying to incorporate means you have to file forms with the government, on which you make statements under penalty of perjury.

But the only thing people state in corporate or llc forms is that the entity can conduct "any legal business", which isn't verified and is a minor point in terms of incorporation. Anyways, the issue is taxes. All that would happen if anybody cared about the corporate status would be the LLC or corporation would be a non-entity and the owner or owners would pay taxes individually. The IRS doesn't care how this guy is making his money, just cares that he pays the taxes on the money he does. It IRS isn't checking with the FCC to make sure that this business that wants to give it money isn't violating FCC rules. It appears a guy running a successful pirate station without paying taxes should worry more about the IRS than the FCC.