Birmingham WJLX (Again!)

[RadioGuy1864]

They don't even play the game by calling it "underwriting." Unbelievable.

 

[K.M. Richards]

I wrote a summary of what we did and didn't know not long after the alleged "tower theft" for Paul McLane at Radio World. I still have the e-mail archived; if there is interest, I will be happy to cut-and-paste it here.

 

[wattwatcher]

I wrote a summary of what we did and didn't know not long after the alleged "tower theft" for Paul McLane at Radio World. I still have the e-mail archived; if there is interest, I will be happy to cut-and-paste it here.

Please?

 

[K.M. Richards]

Okay. Since this is something I wrote, I will quote it in its entirety since I can't sue myself for copyright infringement. 🤪

It was my assessment of the WJLX matter, having done some digging since the original "tower theft" story came out and people started asking questions. Original date of "publication" is February 20 of this year and has not been updated since.

The state of disrepair of the transmitter building, including the evidence that the electric utility meter was obviously removed long ago, lends credence to the speculation that the AM has been off the air for some time, probably years.

This is also consistent with the fact that you cannot dismantle and remove a tower of that height in the space of a few overnight hours, there is no fresh evidence of any kind such as tire tracks from whatever vehicle had to be used to cart the pieces away, and what is left of the tower base and guy wires show obvious signs of deterioration.

Making a presumption that the "remain silent" STA, issued on August 2, 2017 was rendered null and void by the station's advising the FCC one month later (September 4, 2017) of resuming operation, then if the station remained silent anyway -- the notice of resumption made probably just to make the FCC think they were on the air and thus be able to keep the translator on -- then the AM was off the air for just short of 2400 days before the current silent STA was requested.

Further suspicion is based on them filing for a change of ownership on the same date as the "resumed operation" filing.

The circumstances create a double whammy for GM Brett Elmore. Even after the minimum penalty under 47 U.S.C. § 502 -- a fine of $500 for each day on which a violation occurs -- that's $1.2M right there for 2400 days.

Although the translator is not tied to the AM license -- it has been operating since 2004 and has only been rebroadcasting WJLX since 2015, which is why the latest arrangement to use the HD3 of an iHeart station for the program feed is legal -- they have claimed the AM as the originating station continuously since then (even reaffirming that in their license renewal application in 2021), so if the AM was indeed silent they had zero authority to keep the FM on the air with programming created independently of the AM station. So the fine would be for the same number of days ... doubling it to $2.4M, which would be automatically lowered to $2,316,034 based on the statutory limits of the Communications Act.

I can't find a case that went on for over six years before discovery, so I sincerely doubt that a consent decree will even be considered by the FCC for this violation (times two) and I am about 99.9% certain that the licenses will be revoked.

Elmore -- or more accurately, the actual licensee (James D. Earley) -- could of course show cause for a reduction in the monetary fine, but it has to be levied before that is even an option for them and it still might not save the licenses.

On top of that, Elmore sits on the board of a nearby non-comm in the reserved band (WJBE-FM) which apparently is running on a commercial basis. I expect the FCC will want to look at that as well in the course of their investigation of WJLX.

And the AM station that shares the WJBE calls, across the border in Powell TN (a suburb of Knoxville), is pending a hearing to determine if its license should be revoked following the felony conviction in 2016 of the license corporation's sole member for filing a false federal income tax return for 2008. I wouldn't bet against that getting all mixed up with the non-commercial station when the inevitable investigations happen, and I would be even less surprised to find Elmore somehow connected to the Knoxville station. The AM took those calls in 2013 and someone had to negotiate permission for them to use the FM calls ... Elmore?

There's even more fishiness to be smelled when you look at the recent history of WJLX's ownership: Prior to March 2008, the AM was running Gospel music as WZTQ (and as WLYJ, going back to 2004). It was then sold to "Wal-Win LLC", one of the principals of which was none other than Brett Elmore, who was on the board of the non-commercial station at that point already. Wal-Win acquired the translator about a year or so later. Both stations were passed to the Hattie Reese Trust (whoever that is, or was) in July 2016; a year later the license was transferred to John Burdette, who acquired the license after a probate court ruled on a dispute with the aforementioned trust. Burdette sold them to James D. Earley less than one year later and there were delays in the paperwork filings to boot, including non-concurrent filings for the AM and the translator.

There are too many people named "James Earley" for me to find out much besides his past ownership of a LPTV in Cullman (WCQT-LD) from 2015 to 2022, which was apparently a "rebirth" of a single channel on the Birmingham cable system which he operated from 1981 to 1998. He appears to go by his middle name of Don, and as near as I can make out from cross-referencing Google responses, he's in his 80s and lives in nearby Sumiton.

The current owners of WCQT are evangelist Matthew Combs, his wife Linda, and their son Tommy. They live in WJLX's COL of Jasper; the station, not surprisingly, is affiliated with the evangelical diginet The Walk TV, and apparently was affiliated under Earley's ownership as well. Maybe they should say a prayer for the guy they bought the station from ...

You have my permission to take two Advil if all this gave you a headache!

 

[radiofan2023]

The FCC investigators trying to unravel what happened and when like:

 

[R.D.P.]

I hope he gets busted and loses his right to have any future dealings in radio.
​

Dan <><

P.S. I also hope they'll stop WERH from broadcasting too, since this lawbreaker is already violating the rules, by selling ads on a Non-Commercial frequency and took donations to rebuild WJLX AM to start it up. This guy is big time fraud and huckster and needs to be stopped at once.​

 

[K.M. Richards]

This guy is big time fraud and huckster and needs to be stopped at once.​

I have no doubt that by the time this shakes out (1) Mr. Elmore will end up banned from broadcast management or ownership for life; (2) both the WJLX and translator licenses will be cancelled and deleted; (3) the AM station WJBE will suffer the same fate; (4) the FM station WJBE will pay a hefty fine for running commercials and/or surrender their license; and (5) Elmore and Earley will also have huge fines levied against them (although I'm certain that they will both send documentation to the FCC about their finances and get the fines reduced).

And the proposed Hamilton operation is not going to materialize after all that.

 

[Poledo]

Do WJBE and WERH simulcast?

 

[tvallred]

Do WJBE and WERH simulcast?

They don't, but carry the same classic country satellite format via Local Radio Networks.

 

[b-turner]

While the website says they sell advertising, that is not illegal. Underwriting is a form of advertising. If the point isn't to tell your audience what businesses support their station, why advertise that fact at all (public radio listeners tend to support businesses they hear on their station)? Just don't say a word. Underwriting is restricted on what and how things are said or implied. You can call Underwriting whatever you want and you can ever run a full blown commercial on the stream since the FCC only regulates 'over the airwaves' radio broadcasts. You can sell website banner ads and anything else to do with the station just as long as you follow Underwriting Rules for your over the air signal.

 

[wattwatcher]

I will no longer be participating in this discussion since my posts are being censored. I really am not expecting this comment to be up very long at all. I apologize that this will remove an informed source of information with real inside info. I'm guessing speculation and guesses are preferred here since it will generate more discussion than facts will generate. I'm the meantime, I'll watch the speculation while I'm doing my work at these stations and knowing what everyone is guessing.

 

[K.M. Richards]

While the website says they sell advertising, that is not illegal. Underwriting is a form of advertising. If the point isn't to tell your audience what businesses support their station, why advertise that fact at all (public radio listeners tend to support businesses they hear on their station)? Just don't say a word. Underwriting is restricted on what and how things are said or implied. You can call Underwriting whatever you want and you can ever run a full blown commercial on the stream since the FCC only regulates 'over the airwaves' radio broadcasts. You can sell website banner ads and anything else to do with the station just as long as you follow Underwriting Rules for your over the air signal.

From what I have concluded after reading reports on the matter, WJBE crosses the line you so eloquently describe ... and does so consistently.

Not that I want to defend his behavior, but I do not think Brett Elmore even perceives the distinction -- he doesn't even know where the line he crossed is -- and anyway, I do not believe he is inclined to "follow the rules" at WJBE given the hoax he has perpetrated at WJLX.

 

[exdjted]

From what I have concluded after reading reports on the matter, WJBE crosses the line you so eloquently describe ... and does so consistently.

Not that I want to defend his behavior, but I do not think Brett Elmore even perceives the distinction -- he doesn't even know where the line he crossed is -- and anyway, I do not believe he is inclined to "follow the rules" at WJBE given the hoax he has perpetrated at WJLX.

Truthfully, I think he does perceive the distinction. I just don't think he cares. He'll keep doing so until he gets caught, and even then, what can the FCC do to hurt him? Take away his license? Fine him? The FCC is a paper tiger. Brett Elmore will leave Radio and open up a used car lot selling Mazda Miatas with rolled-back odometers, or, more likely, given the gullibility of people, start a tent revival and save people's souls and cure them of scoliosis with Holy water straight from the Jasper wastewater treatment plant...blessed by Nick Saban, of course. Or Eli Gold in a pinch.

 

[wattwatcher]

From what I have concluded after reading reports on the matter, WJBE crosses the line you so eloquently describe ... and does so consistently.

Not that I want to defend his behavior, but I do not think Brett Elmore even perceives the distinction -- he doesn't even know where the line he crossed is -- and anyway, I do not believe he is inclined to "follow the rules" at WJBE given the hoax he has perpetrated at WJLX.

I will add this one final fact: Brett Elmore is very much aware of *every* line he is crossing. I trained him in all of these matters back in 1998 through 2005.

Brett Elmore very much knows the differences in and definitions of "underwriting acknowledgements" and "commercial advertising". We went over this many, many, many times.

He's also very well versed in public information files, EAS logging requirements, transmitter remote control requirements and more.

I seriously doubt he has developed some form of amnesia which would cause him to almost totally forget more than five years of training. He's not the "backwoods country boy" everyone wants to give him credit for being.

 

[exdjted]

I will add this one final fact: Brett Elmore is very much aware of *every* line he is crossing. I trained him in all of these matters back in 1998 through 2005.

Brett Elmore very much knows the differences in and definitions of "underwriting acknowledgements" and "commercial advertising". We went over this many, many, many times.

He's also very well versed in public information files, EAS logging requirements, transmitter remote control requirements and more.

I seriously doubt he has developed some form of amnesia which would cause him to almost totally forget more than five years of training. He's not the "backwoods country boy" everyone wants to give him credit for being.

And since wattwatcher KNOWS the players, IS LOCAL, and is infinitely more connected to this than any of us, I say thank you for the info, and please keep posting.

Oh, since it's now established beyond a reasonable doubt that the AM tower was sold for scrap and the translator was originating programming for years with nary a peep from the FCC, answer me this if you're one of those people who still believe AM is viable now or in the future:

How many owners of standalone AM's with a translator would jump at the chance to shut the AM down and broadcast solely on the translator EVEN if it meant a reduction in coverage? Hmm? 50%? 60%? Even higher? Brett Elmore just did what a lot of people would do if they could get away with it. And because of 80-90 and the handing out of LPFMs and translators like TicTacs, sooner rather than later, FM is going to sound like hot garbage and there won't be an available frequency anywhere outside of the upper Great Plains, where prairie dogs and tumbleweeds outnumber humans 100 to 1.

 

[RadioGuy1864]

And since wattwatcher KNOWS the players, IS LOCAL, and is infinitely more connected to this than any of us, I say thank you for the info, and please keep posting.

Oh, since it's now established beyond a reasonable doubt that the AM tower was sold for scrap and the translator was originating programming for years with nary a peep from the FCC, answer me this if you're one of those people who still believe AM is viable now or in the future:

How many owners of standalone AM's with a translator would jump at the chance to shut the AM down and broadcast solely on the translator EVEN if it meant a reduction in coverage? Hmm? 50%? 60%? Even higher? Brett Elmore just did what a lot of people would do if they could get away with it. And because of 80-90 and the handing out of LPFMs and translators like TicTacs, sooner rather than later, FM is going to sound like hot garbage and there won't be an available frequency anywhere outside of the upper Great Plains, where prairie dogs and tumbleweeds outnumber humans 100 to 1.

Sell the tower land and keep the Translator, what's not to like for most smaller market AM's? Unfortunately, the FCC does not see the light yet.

 

[radiofan2023]

there won't be an available frequency anywhere outside of the upper Great Plains, where prairie dogs and tumbleweeds outnumber humans 100 to 1.

You're forgetting about Wyoming....

 

[radiofan2023]

Sell the tower land and keep the Translator, what's not to like for most smaller market AM's? Unfortunately, the FCC does not see the light yet.

How much revenue does the FCC get from AM license renewals vs translator licenses?

 

[K.M. Richards]

How much revenue does the FCC get from AM license renewals vs translator licenses?

Actually, all the FCC gets when a license is renewed is the filing fee (only a few hundred dollars). But I think you meant to refer to the annual regulatory fees that all stations must pay, based on the population served by their primary signal contour:

For AM stations, the 2023 fee ranged from $410 for a Class D covering a population of under 10,000 to $16,920 for a Class A covering greater than six million persons. For primary FMs, that range was $650 to $21,190.

However, translators do not pay regulatory fees, because they do not in and of themselves generate revenue. All non-commercial stations are similarly exempt.

https://docs.fcc.gov/public/attachments/DOC-396377A1.pdf

WJLX is a Class C station, so (having to guess at the population numbers) its regulatory fee is between $370 and $930. W268BM pays no fee.

The 2024 fees have not yet been voted on by the Commission, but the proposed amounts are in Appendix B (starting on page 36) of the rulemaking document.

Does this help answer your question?

 

[Kelly A]

And since wattwatcher KNOWS the players, IS LOCAL, and is infinitely more connected to this than any of us, I say thank you for the info, and please keep posting.

Oh, since it's now established beyond a reasonable doubt that the AM tower was sold for scrap and the translator was originating programming for years with nary a peep from the FCC, answer me this if you're one of those people who still believe AM is viable now or in the future:

It's been a while since we talked about this station and it's missing tower accordingly, but as I recall the timeline is pretty obvious based on the silent STA's filed by the prior owner. It seemed like the prior owner filed for a silent STA on his AM due to the 'inability to source parts for the transmitter'. The station changed hands shortly after they filed to return to the air, but then accounts were that the AM was off again, or never actually returned once the original STA had been granted.
Seems to me if there's a question about the timeline of when or if the AM ever returned to the air, the Commission could insist on a document timeline showing when repairs were made, receipts for parts, and make the current licensee sign an affidavit under penalty of federal perjury, that all the associated timeline for the AM was factual and accurate...blah blah.