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Show Hosts Not Following Station Rules

We've had a strict rule since day one - no inflammatory language directed at public figures(or anyone else) and no playing loose with facts. In other words, no Rush Limbaugh wannabees. We currently have a show host engaging in this kind of thing. The person in question is screaming "free speech rights." We've been warned if we cancel this person's program, that person may be apt to sue us.

Anyone here have any knowledge in this area. Is there, perhaps, someone at the FCC we can contact as far as our right to enforce station rules without fear of repercussion.
 
There are no laws which give anyone the "right" to be on the radio. It's a privately-owned non-profit. YOU make the rules.
The station should spend a bit of money consulting with an attorney, however. It is likely they will ask if the station has written policies that cover the use of "inflammatory language" and that the host has been shown the rules and given a chance to ask questions.

Consulting with an attorney places the licensee on record as having a concern and having proceeded in an open and fair, non-discriminatory manner.

If this has not been done, such rules need to be written and all staff members notified; a meeting with Q&A is likely to be recommended.

This is the old "you can't come into my living room and spit on the carpet" situation. Like the living room, the station and its programming belong to the licensee, even if the license is "on loan" from the government. The licensee has the right to set policies, just as your favorite sports bar can say "shoes and shirts required" because the place is privately owned.

As you say, YOU make the rules.
 
Anyone here have any knowledge in this area. Is there, perhaps, someone at the FCC we can contact as far as our right to enforce station rules without fear of repercussion.
I think David is spot on with his response. Your station has the right to govern the content you'll broadcast and to set policy and "boundaries" for those broadcasting from your facility, but if your policies and expectations aren't written out and made available to the staff and those working there, that makes it a bit tricky to enforce and leaves you open to push back at minimum, and potential legal action, especially in today's politically charged climate. To tell someone "You're in violation of station policy 8.01.30. Either curb your remarks, work within the policy or we'll take further action" is the right way to go about this. Otherwise if your station's ownership or management just contacts certain hosts and tells them their content isn't what they want on their airwaves or tries to throttle their remarks, they could be accused of discrimination, selective enforcement and the like, and it may result in legal action that may be tough to defend against, depending on the circumstances and the angle their attorney chooses to take.

In regards to your question above, the FCC most likely won't be much help unless your staff or station is violating FCC regulations. Even then, the limited staff at the Commission are sometimes spread too thin to be fully effective.
 
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You don't ever want to defend yourself but I doubt this would ever get to court. Relating to the court, a judge, like a radio station, is entrusted authority to operate within the letter of the law. In addition, anyone coming before the court must adhere to the policies set by the judge. It is the judge's court. To refuse to follow the court's rules results in contempt and/or expulsion from the court. This is exactly like the radio station that designates a format or rules that must be followed just like the court.

The person not following the rules puts the goodwill and economic support of the radio station at risk. A program that does not adhere to the format, although both shows are talk, is akin to a volunteer classical music station where a volunteer chooses to play, let's say, rap instead of classical music. While both are music, they are not both the 'format' and the one that does not adhere to the format must be expunged from the station to save the goodwill and financial support and ultimately the ability to hold the right to the license.

If the guy does sue, I'd counter sue for the damage caused and the likely 'smearing' of the goodwill of the station (you know he'll trash to to everyone who will listen) and may cause you to need security at the station for a while. The countersuit is to recover those costs of damages. I would also try to get a restraining order if you boot him off the air. That would work in your favor if further action ensues.
 
I've seen station managers scolding employees for using offensive language in the station's office lobby -- not even on the air!
 
The licensee has the right to set policies, just as your favorite sports bar can say "shoes and shirts required" because the place is privately owned. As you say, YOU make the rules.

More than a right, the licensee has an OBLIGATION to set policies. This is the only way you can prevent further legal liability.

Just take a look at the trouble Alex Jones has created for himself. That could just as easily be you.


 
Who's in charge? Who would be responsible for any FCC fine? Who's paying the bills? A radio station is not a democracy where everybody has freedom of speech or artistic expression.

There's a reason why automation is popular. A computer won't stab you in the back. It won't run a campaign against the station. It won't steal from you. And, it will play what you tell it to.

It's easy to show someone the door as long as they're not on your board of directors.
 
We've had a strict rule since day one - no inflammatory language directed at public figures(or anyone else) and no playing loose with facts. In other words, no Rush Limbaugh wannabees. We currently have a show host engaging in this kind of thing. The person in question is screaming "free speech rights." We've been warned if we cancel this person's program, that person may be apt to sue us.

Anyone here have any knowledge in this area. Is there, perhaps, someone at the FCC we can contact as far as our right to enforce station rules without fear of repercussion.
Don't let the door hit him in the arse on the way out. That would be my station policy.
 
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Many volunteers think that because their time is worth something, they should be able to do as they please. Either that, or they're more of an audience expert.
That, or they fancy themselves the next Rush or Hannity, or have big feelings and think they can get on the radio and "educate" people and make a difference. However, if the station has a policy that disallows that, or if said station isn't the right format, they're out of luck.

There was an AM station here that was mostly all brokered and they had a very eclectic programming "schedule". One hour it could be a group talking about first responders and public safety, the next hour it might be a pro-marijuana group discussing and promoting medical marijuana, followed by a guy who's on for an hour talking about any topic that arises, while heavily promoting his lending business throughout. They also tended to repeat their programming a lot over several days just to fill up their schedule. There was one particular "host" who simply seemed to have a political axe to grind, so he evidently bought time and was bouncing around from one misplaced talking point to another, tossing out falsehoods and he must have told his buddies when he'd be on, because that station rarely had callers, but somehow he had a few per segment, and all were as crazy as he was and fully agreed with his positions. To be honest, it was kind of the perfect place for him. That station would let seemingly anyone on the air to host a show so long as they paid for the time, and there was really no set format or structure, so anything was fair game. If someone vehemently disagreed with him and got angry enough about it, they were welcome to purchase airtime for themselves and have their own show to rebut his if they wished.
 
Yet another pitfall of trying of running an LPFM station... Volunteer hosts..
You get what you pay for.
Ultimately, it's the same as a paid shop - it's how you manage it that counts. Create a positive atmosphere with well-defined rules and effective enforcement mechanisms, and the people who get out of line (and in any group, there will be people who get out of line) can be handled procedurally without much detriment to the organization.

I've been involved in all-volunteer stations that have been more sane than several for-profit ones. The management made the difference. Ultimately, every station has at least one Vinny Marino.
 
Ultimately, it's the same as a paid shop - it's how you manage it that counts.
Not necessarily. The pay, or lack thereof, is a huge differentiator. In many cases some volunteers start out eager and dedicated to follow the rules. Eventually the eagerness morphs into a self-serving role because; 'they've worked hard and deserve to be allowed more latitude'. To an extent they may be right, but if it means compromising the rules, or in this sort of example, programming of a station, it becomes a problem. If that extra latitude is allowed by management, it sends the wrong message to peer volunteers.
When paid, the obvious understanding is much more clear: You do tasks and play a role within the rules, and you're paid accordingly. Don't want to play by the rules? In both volunteer and paid one can release someone, but it's usually harder to replace that volunteer, putting more burden on other's (no O.T. as incentive), but also freaks the other volunteers out by essentially firing someone who may had volunteered a lot of their time. This is especially true with a handful of volunteer staff as with an LPFM station verses say; a local food bank. Ego of 'being on the radio' plays a role too.
And just like a paid position; you personally, plus the non-profit organization, could be sued by that volunteer as well. That means defending an already poorly funded organization against someone who wants to bankrupt you seeking revenge.
Create a positive atmosphere with well-defined rules and effective enforcement mechanisms, and the people who get out of line (and in any group, there will be people who get out of line) can be handled procedurally without much detriment to the organization.
Easy to say and looks good in writing, but no one single manager is able to manage that one individual who essentially becomes a cancer to the volunteer staff.
 
That's a good point about being sued. You might say it would never get to court or the judge would side in your favor (the radio station) but that is not the point. A LPFM is a small operation. There are only so many volunteer hours. In other words, there is not the time to gather all the information needed and spend the time on being sued. The LPFM hasn't the funding to support the attorney's fees for defending the station. This ain't small claims court, more than likely. My point is you don't have the time to prepare for being sued and you don't have the money. So try to resolve this in a way that preserves those volunteer hours and dollars for the radio station itself.

Have a very defined manual your volunteers are given that outlines everything. At a commercial AM that sold time to anybody with the cash, we had to create such a manual. There was one guy in town that was always taking somebody to court. Disagree with him and he'd find an angle to get you in a courtroom. He was once called a one man terror squad by the alternative newspaper in this major city. He used a fake name to get in the door. If he had used his real name we would have lied that no time was available. If he didn't sue you his listeners did. He had no problem naming names and saying this person or than was not good for the community and to boycott their business. The last station he was on they had to hire an armed guard for protection from his listeners.

We created a nice 30 page or so manual that detailed everything that was not allowed over the airwaves. Every time buyer got a copy and signed that they got one. Our contracts stated they'd follow the rules in the manual.

Here's the really weird thing. They guy read the manual, complemented us on having a class operation and was a model programmer. He liked us so much he frequently called to invite us to lunch or some event. I mean, this guy seemed to hate everybody. It seemed that little manual made the difference. I still scratch my head about that one.
 
We've had a strict rule since day one - no inflammatory language directed at public figures(or anyone else) and no playing loose with facts. In other words, no Rush Limbaugh wannabees. We currently have a show host engaging in this kind of thing. The person in question is screaming "free speech rights." We've been warned if we cancel this person's program, that person may be apt to sue us.

Anyone here have any knowledge in this area. Is there, perhaps, someone at the FCC we can contact as far as our right to enforce station rules without fear of repercussion.
I assume we're discussing an LPFM? How would you like to have an IRS inspector dropping by to spend weeks going over all your books? Revocation of your not for profit tax exempt status with the IRS is what you risk if you have an anti-Democrat and fringe Republican trumpeting on the air. It would be your not for profit's ass on the line, not this loud mouth's butt in peril. Hell no! You won't do this to our station. No 30 page spanking manual required.
 
Obviously the objective here is to get the person off the air without them trying to cost you money and time defending yourself in court over the matter. An LPFM does NOT have to be an IRS sanctioned non-profit. The FCC permits state recognized non-profits to hold a license.
 
501c3 status with the IRS is what you need to give your donors and underwriters a tax write off. My wife prepared the IRS paperwork herself and paid $500 to get it . 501c3 is kind of important.

The Secretary of State in my State has prohibitions against not for profit corporations engaging in politics as well.
 
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