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102.1 fm

I don't think non-profit status should be given to anyone other than a legitimate educational service. That could include certain music formats, not available otherwise, including Classical, Jazz and very little else. I have no problem with Salem Broadcasting because they have to play by the rules but to allow a single company hundreds to thousands of repeaters, with absolutely no local or even regional service, is just deplorable and extremely unfair to everyone else! Even the legitimate educational outlets don't cover the entire country with no local content.


The issue here is not with EMF or any of the translator mega groups out of Idaho and Mississippi and Oakland, but with with the FCC rules that permit non-commercial operators to use translators even outside the coverage area of full facility stations.

Keep in mind that one of the original uses of translators was to bring more radio choices into small isolated markets that had few alternatives on the radio. Think Bishop, CA, where long, long ago translators were used to bring in LA and other large market stations. It was sort of like the origins of Cable TV, in fact.

But the rules allowed Family Radio and other groups to do the same, and EMF is just the most successful.

There is a difference in the FCC consideration of commercial vs. non-commercial operation. That has nothing to do with the IRS and state tax board criteria for a non-profit organization which establish very broad areas where a non-profit company can do anything from running a non-profit radio station to operating a soup kitchen to sponsoring local artists. In fact, a non-profit can operate entities that "make money" as long as any surpluses are not distributed as profits but are instead kept in the organization to enhance its operation or given to support other non-profit companies. There are ample cases of radio stations operated by non-profit organizations that are purposed with showing a surplus every year to support other branches of the organization.
 
I don't think non-profit status should be given to anyone other than a legitimate educational service.

I would agree in principle...problem is the FCC could care less whether your non-comm frequency is "educational" or not. So long as you're not shilling ads on there. The only difference to the FCC between EMF and...say...KPBS-FM are the stations they own. Actually, a for-profit company can (and has) owned and/or operated non-commercial stations!

I also doubt that getting them (FCC and/or IRS) to define 'educational' would be beneficial long-term. It would be a slippery slope downwards. Eventually, that idea of defining formats would creep into the commercial band, and the FCC would be forcing stations to sell or flip formats because they're not a "bona fide" Oldies/Classic Rock/Alternative station.

Also, what happens to stations like KBYU-TV in Utah? Operated by BYU (in term, owned by the LDS church), but runs a non-profit, non-commercial service on their station.

It would be nice to see some folks taxed and treated like the for-profit ministry they believe they operate. Unfortunately, we can't be all too selective in this regard, so everybody would be getting taxed and treated like businesses.
Radio-X
 
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My point exactly. Take away the main studio waivers for operations like EMF's and the financial model breaks down. They have such a waiver for every full-power station they own other than the ones at their origination points. And they only get away with it because they are a "poor little non-commercial" operation.

I know a lot of bona fide non-commercial operations who would be happy to have even 1% of EMF's revenues.
 
It must be difficult for EMF to keep a straight face, while pleading financial hardship, to maintain a local studio! Maybe they could redirect a portion
of the $2,000,000+ "Travel & Entertainment" expense account into KPRI's studio operation.
Check their financials on their own Consolidated Financial Report , from 2012.

https://www.air1.com/uploadedFiles/air1/Content/2012-EMF-FS-Final.pdf

I agree that EMF has taken advantage of both the studio location exceptions and the translator rules written for a different purpose and that the FCC has been remiss in not correcting those rules to avoid excess

However, for such a vast and far-flung operation, there is going to be a lot of travel and lodging and meals for engineers and managers. A trip from Sacramento to Miami where they bought some stations could cost $4,000 including refundable economy airfare, hotel, car rental and meals. In the case of their engineers, a stay might last several weeks and include a residence type hotel and considerable car expense and meals. $2 million does not seem like enough to me.
 
Well, engineering already ran up a separate tab of nearly $4 million. Maybe that didn't include Disneyworld or GatorLand "entertainment" .
EMF persuaded the FCC to drop the local studio mandate for the old KSIQ Campo station. Now, it's a 25 kilowatt translator. After dropping $20 million to buy 3 outlets in the county,
they will have no studio presence? Even struggling KNSJ staffs a bedroom on East Chase ave, with volunteers manning the Public Info files.
Notice EMF only says it's 'costly' to maintain a studio'? They claim no hardship, or burden. (Well, they are in a 'costly' business. Just ask the for-profit ex-owner Hughes.)
Just sublet a 7 by 9 cubicle in a cheap area of Kearney Mesa, hire 2 part time students from the SDSU job pool, and then have a studio for all 4 of their county stations.
With a revenue stream of over $300,000 per day, it could, and should, be done...
 
Well, engineering already ran up a separate tab of nearly $4 million. Maybe that didn't include Disneyworld or GatorLand "entertainment" .
EMF persuaded the FCC to drop the local studio mandate for the old KSIQ Campo station. Now, it's a 25 kilowatt translator. After dropping $20 million to buy 3 outlets in the county,
they will have no studio presence? Even struggling KNSJ staffs a bedroom on East Chase ave, with volunteers manning the Public Info files.
Notice EMF only says it's 'costly' to maintain a studio'? They claim no hardship, or burden. (Well, they are in a 'costly' business. Just ask the for-profit ex-owner Hughes.)
Just sublet a 7 by 9 cubicle in a cheap area of Kearney Mesa, hire 2 part time students from the SDSU job pool, and then have a studio for all 4 of their county stations.
With a revenue stream of over $300,000 per day, it could, and should, be done...

It would eat into their profits and they wouldn't be able to expand as quickly. What I wonder is, what they will do after they've acquired two full power stations in every US market(one in LA). Will they create yet another Christian music station and another and another and ...?
 
Notice EMF only says it's 'costly' to maintain a studio'? They claim no hardship, or burden. (Well, they are in a 'costly' business. Just ask the for-profit ex-owner Hughes.)

There's the answer.

Lobby Congress to change the rules on main studio waivers to apply only to stations where hardship can be proven.

What I wonder is, what they will do after they've acquired two full power stations in every US market(one in LA). Will they create yet another Christian music station and another and another and ...?

There's another thought. If they acquire that many stations, couldn't their application for a main studio waiver be challenged by a petition to deny filed against the station transfer applications? "Costly" is an easy word to twist into an argument contrary to theirs.

I'm actually tempted to file such a petition against the KPRI sale, except that I don't live in San Diego and therefore have much less standing to do so. (Petitions to deny work best when filed by someone who resides in the station's coverage area.)
 
Just sublet a 7 by 9 cubicle in a cheap area of Kearney Mesa, hire 2 part time students from the SDSU job pool, and then have a studio for all 4 of their county stations.
With a revenue stream of over $300,000 per day, it could, and should, be done...

Not sure about for non-comms, but that would not constitute a studio for commercial stations. Having an employee at a station's main studio isn't enough. The employee must be a management-level employee. While the FCC has repeatedly said the management-level employee isn't required to be chained to his (her) desk, I can't imagine it would look favorably upon having part-time employees being the only staff. Citadel got a fine for having an unstaffed main studio outside of Oklahoma City probably around 10 years ago. The management-level employee was eventually located, but it took calling the main studio for its other OKC stations to locate him, and the FCC made several in-person visits prior to that point and found the door locked.
 
It must be difficult for EMF to keep a straight face, while pleading financial hardship, to maintain a local studio! Maybe they could redirect a portion
of the $2,000,000+ "Travel & Entertainment" expense account into KPRI's studio operation.
Check their financials on their own Consolidated Financial Report , from 2012.

https://www.air1.com/uploadedFiles/air1/Content/2012-EMF-FS-Final.pdf

We have regional engineers, regional public affairs managers (like myself) and promotions teams throughout the country serving K-LOVE and Air1 stations. We do travel, I just spent most of this week, visiting COLs in Nebraska and Kansas.
 
There's the answer.

Lobby Congress to change the rules on main studio waivers to apply only to stations where hardship can be proven.



There's another thought. If they acquire that many stations, couldn't their application for a main studio waiver be challenged by a petition to deny filed against the station transfer applications? "Costly" is an easy word to twist into an argument contrary to theirs.

I'm actually tempted to file such a petition against the KPRI sale, except that I don't live in San Diego and therefore have much less standing to do so. (Petitions to deny work best when filed by someone who resides in the station's coverage area.)

I'm sure a group of us who live here in San Diego would be willing to lend our names to such an effort. I'm sure that I could get a whole slough of people to join in and publicize the effort.
 
I'm actually tempted to file such a petition against the KPRI sale, except that I don't live in San Diego and therefore have much less standing to do so. (Petitions to deny work best when filed by someone who resides in the station's coverage area.)

I'm sure a group of us who live here in San Diego would be willing to lend our names to such an effort. I'm sure that I could get a whole slough of people to join in and publicize the effort.

Find me someone to act as the "primary in-market listener" and I'll help you with the language.

And please hurry, because the clock is ticking in terms of the public comment window.
 
What exactly do we have to do and how much time is left?

47 CFR 73.3584 states:

In the case of applications for transfers and assignments of construction permits or station licenses, Petitions to Deny must be filed not later than 30 days after issuance of a public notice of the acceptance for filing of the applications.

The KPRI application for assignment of the license was accepted for filing on September 30, so any petition to deny has to be filed with the FCC no later than close of business Friday, October 30. That application included the main studio waiver request.

Essentially, we need to have a sufficient number of people living within the primary service area object to the main studio waiver, challenging EMF's assertion that keeping the Public File at their station in Middletown -- which they admit in the waiver request is 474 miles outside of the primary coverage area of KPRI -- is contrary to serving the public interest because it will no longer be available during regular business hours at a location within the primary service area. [47 CFR 73.3527 (c) (1): The file shall be available for public inspection at any time during regular business hours.] EMF says they will make "reasonable accommodations" but these are not specified. Will they fly anyone from San Diego to their offices in Sacramento who wants to review the Public File? Short of that, I would say (and I'm not an attorney, I just think like one) that their request circumvents the same-day access required by the Rule.

I'm not sure this will actually stop anything, but it will definitely give EMF a headache in having to respond to it and it will definitely send a signal to them that they aren't wanted by at least part of the community.

But ... the more signatories the better, and I can't come down to San Diego to help. So someone needs to take the lead in finding them. If someone is willing to take that on, I'll draft a letter which can serve as the filing.

Please also understand that the change in programming is not anything you can bring up as an issue. In fact, trying to challenge on that basis pretty much guarantees the FCC will deny the petition.

You guys let me know ... but you have less than two weeks.
 
This same discussion happened when EMF purchased the WCCC AM/FM combo in Hartford, CT. And, guess what? It went nowhere.

Regardless of your opinion of EMF, you can't deny that they've made some impressive acquisitions over the last few years.
 
KPRI is now on Julian's 100.1 , and, since Wednesday, is looping the arrival of Air1, while 102.1 is the new home of KLVJ.

The Sat. dish was installed on the roof of the Scranton address, and once everyone exited, it was locked up. They are continuing to pay rent 'til the FCC approval; then a dish
goes up at the University property on Mt Soledad.


From their website-
The FCC has granted a main studio waiver so that the public file for each of the Air1 stations can be found at:
23504 Lyons Ave. Unit 106
Newhall, CA 91321

How convenient..
 
This same discussion happened when EMF purchased the WCCC AM/FM combo in Hartford, CT. And, guess what? It went nowhere.

The discussion went nowhere because -- as also happened here -- no one actually stepped up to file anything with the FCC.

I tried to help, but in the end, I couldn't do anything from up here in L.A. without support in S.D. You may all blame yourselves if you were one of those who cried "foul" but didn't step up to the plate.

And yeah, 121, Newhall is soooooooooooooo convenient for a San Diego station's public file. It's only about three hours up the 5 freeway, if traffic is light.
 
Compensation of Leaders (FYE 12/2013)

Title President, CEO
Compensation $535,000
Paid to Mike Novak
% of Expenses 0.65%

Mission-
Educational Media Foundation (EMF) operates a network of radio stations and translators with a non-commercial educational format, providing music, news and educational announcements. EMF also provides public service announcements for other non-profit organizations. K-LOVE Radio & Air 1 Radio are a part of the EMF Broadcasting family. K-LOVE communicates the Gospel through mass media to leads as many people as possible toward salvation and spiritual growth. Air 1 Radio delivers positive cutting-edge Christian music to teenagers and young adults.
 
Compensation of Leaders (FYE 12/2013)

Title President, CEO
Compensation $535,000
Paid to Mike Novak

Uh-huh. Why am I not surprised?

Just one more reason for me to think the loopholes EMF exploits should be closed, with a sunset to grandfathering.
 
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