How will the FCC view the WJMF/WGBH deal?

[WarwickRadioFan]

Radio World is reporting on a snag encountered by KUSF (University of San Francisco) and Classical Public Radio Network over an operating agreement they entered into. The FCC sent a letter asking questions to the parties about how what they were doing was legal.

I don't know the specifics of the WJMF-WGBH deal other than what's been reported online, but wouldn't they face the same challenges regarding their operating agreement especially when it comes to underwriting?

Here's the link to the FCC's letter to the parties

http://transition.fcc.gov/Daily_Releases/Daily_Business/2011/db0628/DA-11-1128A1.pdf

 

[4CX1000A]

I take it, then, that Bryant College is not transferring the WJMF license to WGBH?

 

[WarwickRadioFan]

So far as we know, no transfer of the license in contemplated, but it seems the FCC wishes to examine the operating agreement (or noncommerical version of an LMA) as opposed to the sale itself. All of its inquiries to KUSF and CPRN are related to that operating agreement and how it complies with Commission regulations. I think that's where the trouble would be for WGBH-WJMF also.

 

[fybush]

I haven't seen the specifics of the WJMF/WGBH deal, but my sense is that it's a little more likely to pass FCC muster than the USF/CPRN LMA. The FCC's concern in San Francisco appears to be that USF has completely ceded control of its radio station to an outside party. It appears that in this case, Bryant will retain much more control over WJMF, with a studio on campus, Bryant employees on staff and full-time local programming on the HD2. That should be enough to keep the FCC happy. We'll see...

 

[WarwickRadioFan]

That is all true, but what about the FCC's question as it relates to underwriting/fundraising by what would be a third-party (WGBH)?

 

[fybush]

I'm not a DC lawyer, so I can't give an authoritative answer here. The fundraising question was one of several that the FCC was asking, and I think what they're trying to establish in San Francisco is a case of unauthorized transfer of control, which is a pretty big deal.

The FCC has previously approved (or at least failed to disapprove) plenty of other noncomm LMAs that are similar in substance to the WJMF/WGBH deal. The noncomm for which I work here in Rochester operates stations owned by two other licensees (both universities) and fundraises on their airwaves, and it's never been an issue as far as I've been aware. But in each case, the university licensees have maintained their own studios and at least some of their own programming control, which appears not to have been the case in San Francisco.

 

[iyiyi]

Dear RI Attorney General;

Respectfully...

I understand that you have oversight of WRNI.

Apparently, RI Public Radio sits as a wittol while out-of-market WGBH attempts to wrest control of a city-grade FM signal, covering it's entire, 41st ranked market without so much as a peep.

It seems that WRNI, among others, is literally holding the FM and digital radio industry hostage over relatively small areas of potential interference. The signal coverage maps of WGBH, WJMF, and WRNI-FM 's alleged interference caused by 102.5 FM Boston, together make a beautiful pictorial of the proverbial "strain the gnat and swallow the camel.

Is there any sound reason why this business isn't being scotched? (Again, respectfully!)

Thank you from all of us!


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[Jimmy128]

So it's August, is there any news as to when WCRB will be broadcast on WJMF?

 

[necrat123]

Apparently, RI Public Radio sits as a wittol while out-of-market WGBH attempts to wrest control of a city-grade FM signal, covering it's entire, 41st ranked market without so much as a peep.

You know theyre taking over WJMF, right? WJMF hardly covers the entire market.

 

[iyiyi]

Apparently, RI Public Radio sits as a wittol while out-of-market WGBH attempts to wrest control of a city-grade FM signal, covering it's entire, 41st ranked market without so much as a peep.

You know theyre taking over WJMF, right? WJMF hardly covers the entire market.

I don't know dick.

I downloaded the FCC contour maps for: WJMF, WRNI, WGBH, WCVY and WKLB. Looking at WJMF's 60 dBu, I see them taking the sweetest, tangiest lick that 1200 watts can provide out of Providence, Warwick and Pawtucket. Last I knew, those three cities comprise Arbitron's #41 ranked radio market. WGBH 60 dbu contour encompass 95% of the WJMF signal. WCVY 60 dBu covers Coventry and West Warwick only. WRNI 60 dBu covers less than 1/4 of the state, protecting the WKLB 54 dBu contour via directional antenna.

WRNI apparently has a dispute with WKLB and Ibiquity over "wooshing" that the WKLB 10 dB HD boost is allegedly causing to their 102.7 signal. A class action suit filed over this is yet another snag in HD's roll out.

Add this up will find that: WRNI covers a small part of southern RI. WRNI is so miffed at Ibiquity for alleged interference to a small sliver of their signal that they refuse anything IBOC. WGBH meanwhile farms the heart of the RI public radio market via WJMF. RI Public Radio gets a sop thrown their way by ripping candy (WCVY) from the kids of Coventry High School for them.

Viewing the WRNI, WCVY and WJMF coverages going forward: It may appear to some folk that WGBH laid a giant egg smack dab in the middle of WRNI's nest! RI Public Radio may appear to some as using Ibiquity/WKLB for a red herring to the much more significant WJMF deal.

Something ain't adding up correctly here maybe? ...

 

[4CX1000A]

WGBH 60 dbu contour encompass 95% of the WJMF signal.

Yes, but if I understand correctly, WJMF will be simulcasting WCRB 99.5 not WGBH 89.7.

WRNI apparently has a dispute with WKLB and Ibiquity over "wooshing" that the WKLB 10 dB HD boost is allegedly causing to their 102.7 signal. A class action suit filed over this is yet another snag in HD's roll out.

I didn't know about that. Can you tell me more?

All I could find from Google were some two-year-old posts concerning a test WKLB ran of IBOC at -10dBc. I'm not aware that WKLB is currently running IBOC at that level.

 

[iyiyi]

WGBH 60 dbu contour encompass 95% of the WJMF signal.

Yes, but if I understand correctly, WJMF will be simulcasting WCRB 99.5 not WGBH 89.7.

WRNI apparently has a dispute with WKLB and Ibiquity over "wooshing" that the WKLB 10 dB HD boost is allegedly causing to their 102.7 signal. A class action suit filed over this is yet another snag in HD's roll out.

WJMF is indeed slated to carry WCRB 99.5. During donation drives, what entity receives those donations? The State of Rhode Island has a superior Classical music station in WCRI 95.9! WCRI is owned by the son and grandson of the late founder of WCRB! Why should another, out of market, station get the accolades and support that is rightfully due our very own gem of Classical broadcasting? The State of RI also provides many services to Bryant and I can see no reason WCRB should be rebroadcast over WCRI. Support RI!

I stated earlier that I don't know dick. Sadly for me, I don't see that changing anytime soon. I DO believe that if WKLB is not currently transmitting HD at the -10dB level, WRNI is the alleged reason. Also, WJMF would give RI Public Radio ability to FM the entire state, where WCRB is redundant because it is already carried on WGBH HD 2, which covers the WJMF signal area quite nicely. Perhaps you might reread my posts to see how my guessing was derived.


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I didn't know about that. Can you tell me more?

All I could find from Google were some two-year-old posts concerning a test WKLB ran of IBOC at -10dBc. I'm not aware that WKLB is currently running IBOC at that level.

 

[fybush]

WJMF is indeed slated to carry WCRB 99.5. During donation drives, what entity receives those donations? The State of Rhode Island has a superior Classical music station in WCRI 95.9! WCRI is owned by the son and grandson of the late founder of WCRB! Why should another, out of market, station get the accolades and support that is rightfully due our very own gem of Classical broadcasting? The State of RI also provides many services to Bryant and I can see no reason WCRB should be rebroadcast over WCRI. Support RI!

Here's one big reason, for starters: WCRI is a commercial station. It can't be simulcast on the noncommercial 88.7 signal.

But even if WCRI were noncommercial, what you're suggesting is far beyond the scope of the state's regulatory powers. While it may receive some state funding for specific programs, Bryant is a private university whose board is free to enter into contractual relationships with any entity it chooses. Would you also suggest that Bryant be barred from using a company based outside Rhode Island to provide its food service or its textbooks - and if so, on what legal grounds?

(Conversely, what you're suggesting would, if taken to its logical conclusion, bar out-of-state companies from doing business with any Rhode Island entity that receives any public money at all. Is that really what you're suggesting, and at what cost to the state's business climate?)

I stated earlier that I don't know dick. Sadly for me, I don't see that changing anytime soon. I DO believe that if WKLB is not currently transmitting HD at the -10dB level, WRNI is the alleged reason. Also, WJMF would give RI Public Radio ability to FM the entire state, where WCRB is redundant because it is already carried on WGBH HD 2, which covers the WJMF signal area quite nicely. Perhaps you might reread my posts to see how my guessing was derived.

HD signals don't carry as far as analog. I wouldn't count on WGBH-HD2 being reliably usable across all of the Providence market, and even if it were, HD simply doesn't have the market penetration to make 89.7-2 a viable option for WGBH to provide classical service to Providence. (If it were, WGBH wouldn't be spending whatever it's costing them to get on the WJMF signal.)

You may well be right that having WRNI's programming on WJMF would be more desirable than having WGBH's programming there. But it's not just Bryant that is a private entity with the right to decide who it will do business with. While it receives funding from the state, WRNI is also a private nonprofit entity, not a state agency. Its board is charged with running a fiscally-responsible business, and as a fairly young nonprofit, it doesn't have an unlimited barrel of funding with which to grow.

It may well be that WRNI looked into a deal with WJMF and decided the additional FM coverage didn't justify the additional cost. It's possible (and here I'm speculating) that WRNI made an offer to Bryant, but that WGBH came back with a better offer. Or it's possible that WRNI management didn't look into pursuing a deal with Bryant at all. Or perhaps Bryant decided (as is its right as the licensee of WJMF) that it wanted classical music and not WRNI's news and talk on 88.7. Again, we're talking about private businesses here. Everyone involved - WRNI, WJMF/Bryant, WGBH/WCRB, even WCRI - was free to try to negotiate a deal. None of them could (or, IMO, should) be compelled by the great State of Rhode Island and Providence Plantations to reach a deal with a specific party.

If WJMF were owned by the state, or even significantly funded by the state, you might have a political case to insist that it be operated by Rhode Island-based broadcasters. If WRNI were owned by the state, you might be able to make the case that it's obligated to do everything possible to maximize its statewide FM reach, including having pushed harder to get on the WJMF signal. But they're not...and so I'm not really sure what it is that you think should have been made to happen.

 

[iyiyi]

First things first. 4CX1000A, I stand corrected. WRNI appears to be one of four stations involved in an FCC complaint against the IBOC power increase, NOT a class action suit. I regret the error. The pertinent information is entitled "REPORT TO THE CPB AND FCC ON THE ADVANCED IBOC COVERAGE AND COMPATIBILITY STUDY" and may be found at: www.nprlabs.org/media/publications/20091218AICSSreport.pdf. Enjoy!


Scott;

I'm way, way over here, Bro! THIS is how I believe things are:
1) Bryant is a private institution and is not beholden to the State of RI.
2) Bryant is free to sell, program, LMA or broker WJMF as they see fit.
3) The State of RI has no authority to interfere with the Bryant/WGBH deal.
4) I find your "logical conclusion" sandcastle of my thoughts both condescending and pedantic.
5) WCRB was a commercial station. WCRI (if they aren't already a non-profit entity) could -- should the owners desire -- become eligible to be a listener supported station without much hassle.
6) I never implied the State of RI could mandate any obligation for Bryant or anyone else.
7) WGBH is, and always has been, a first class radio/tv entity. I support them.

I am proud to be a Rhode Islander and care very much for this state. WGBH is very smart and successful in it's ability to see and make excellent business decisions. They are incredibly savvy and a jewel of NPR -- for many, many good reasons! WGBH tried to gain control of WSBE, our public tv station. They were rebuffed and WSBE somehow managed to develop into a very good PBS station anyway. WBUR came to RI and helped in the WRNI-AM purchase and invested much time and money establishing the station as good public radio. WBUR upped and decided one day to sell WRNI right out from under the people, without even telling anyone! This -- as you know -- blew up in their faces and wound up giving WBUR quite an enema. WRNI is, I believe, currently under the purview of the Rhode Island Public Radio and the RI Attorney General.

You have stated that RIPB is a fairly young non-profit with limited finances.

My posts have been a combination of trying to determine the facts and, rather than criticize, try to help develop a Plan to establish WRNI as the best public radio possible. You know that many colleges and universities are shedding their radio stations. If WGBH gets the LMA for WJMF, that will put them in the pole position to purchase WJMF. I'd like somebody to review those coverage maps I mentioned and explain to me how WRNI and RI Public Radio could possibly benefit by a WGBH/WJMF deal, financially or otherwise?

WRNI could sell the Mighty 1290, and buy WJMF. They could stop being obtuse and sit down (with the correct attitude!) with the good folk at Ibiquity and General Media and meet them half way for a start. I am sure both companies would help 102.7 develop a solid signal. Knowledge learned solving the WRNI/WKLB issue will be invaluable for correcting other IBOC issues elsewhere! They could stop this foolishness about IBOC and join with NPR in exploiting this new service. Playing their cards properly may assist in moving the 102.7 signal on up to the "trailer park" on the WEEI/WEAN tower in Exeter. This, along with the WJMF purchase will easily give RIPR a solid FM signal over the entire state -- with the Providence market getting the best possible signal (let alone pledges)! Assuming you guys don't throw me off this board too, I"ll weigh in on WCVY later.

Finally, the highest and best use for 1290 and 102.7 is to sell both stations to WGBH and let us have a REAL public radio station. It is becoming quite obvious that the hat is too big for RIPB.


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[Jimmy128]

What is going on with WELH 88.1?

 

[iyiyi]

So far as we know, no transfer of the license in contemplated, but it seems the FCC wishes to examine the operating agreement (or noncommerical version of an LMA) as opposed to the sale itself. All of its inquiries to KUSF and CPRN are related to that operating agreement and how it complies with Commission regulations. I think that's where the trouble would be for WGBH-WJMF also.

Should the RI Attorney General contact FCC and express his concerns that the WJMF/WGBH deal will adversely affect the fledgling RI Public Radio network, (and it most certainly will!); the FCC WILL scotch this agreement. Period. That is the reason I squealed directly to the AG in reply #6.

I meant Greater Media, not General Media in reply #13. Greater Media owns WKLB.

Where is NPR in this matter? CBS and all of the major networks provide regional exclusivity to THEIR affiliates. Nary a peep from NPR regarding a superior out of market NPR affiliate getting the big slice of the fledgling, smaller local NPR station's market. You show 'em NPR! You sure covered WRNI's back on this one!


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[Dighton Rockhead]

Playing their cards properly may assist in moving the 102.7 signal on up to the "trailer park" on the WEEI/WEAN tower in Exeter.

From a technical standpoint, It seems doubtful that 102.7 could move any further north than they already are. As it is, they already have to use a directional signal pattern to protect Boston market 102.5

 

[iyiyi]

Playing their cards properly may assist in moving the 102.7 signal on up to the "trailer park" on the WEEI/WEAN tower in Exeter.

From a technical standpoint, It seems doubtful that 102.7 could move any further north than they already are. As it is, they already have to use a directional signal pattern to protect Boston market 102.5

Very true, my friend!

If 102.7 sits down with Greater Media (owners of 102.5) with the proper spirit and desire to discuss and resolve these issues maturely and sincerely, Greater Media will assist RI Public Radio not only tower wise, but also in many other areas that will help make WRNI a better operation. Greater Media is a class act. VERY pro radio!

It all boils down to correct attitude and willingness to compromise for the equal benefit of ALL parties involved. Certainly appears "rugged individualism" is not working for RIPB. It is NOT "us vs. them". We are ALL radio professionals and it is time we start behaving as such!


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[Dighton Rockhead]

If 102.7 sits down with Greater Media (owners of 102.5) with the proper spirit and desire to discuss and resolve these issues maturely and sincerely, Greater Media will assist RI Public Radio not only tower wise, but also in many other areas that will help make WRNI a better operation.

I see where you're going with this. Essentially...WRNI would ask the FCC for (and Greater Media would consent to)...a waiver allowing RIPR's 102.7 to be short-spaced with 102.5...thus allowing a move to the Exeter "Trailer Park".

Fine and dandy....IF the FCC goes along with it. I'm not sure how often the FCC grants such waivers, but I imagine it does happen from time to time.

After all....In the early 1960's, the Commission granted New England Television a waiver to allow New Bedford's WTEV-Channel 6 to erect an analog tower in Tiverton, RI....thereby becoming short-spaced with Boston's Channel 5.

 

[fybush]

So far as we know, no transfer of the license in contemplated, but it seems the FCC wishes to examine the operating agreement (or noncommerical version of an LMA) as opposed to the sale itself. All of its inquiries to KUSF and CPRN are related to that operating agreement and how it complies with Commission regulations. I think that's where the trouble would be for WGBH-WJMF also.

Should the RI Attorney General contact FCC and express his concerns that the WJMF/WGBH deal will adversely affect the fledgling RI Public Radio network, (and it most certainly will!); the FCC WILL scotch this agreement. Period. That is the reason I squealed directly to the AG in reply #6.

Respectfully, with no intention of being either "patronizing" or "pedantic" (and with apologies if you've perceived my previous posts that way), I disagree with your certainty here.

About the only grounds under which the FCC would have any ability to "scotch" the WJMF/WGBH deal would be to make a finding of "unauthorized transfer of control." As WarwickRadioFan correctly notes, that's the issue at hand in the KDFC/KUSF deal, but the circumstances are rather different because USF filed to sell its license outright (which Bryant is not doing), and petitioners alleged that the proposed buyer took full control of the station before the sale had been approved and closed. That's a big no-no. But in this case, Bryant is not selling its station, only LMA'ing it (if even that), and my understanding is that the FCC will not apply the same level of scrutiny if there's not a sale at stake.

I haven't seen the specifics of the WJMF/WGBH deal. I'm guessing you haven't, either. But having helped to draft and review other, similar LMA deals involving noncommercial stations, I can tell you that the Commission's big concern is ensuring that the licensee of the station being LMA'd retains actual control of the station. That means there has to be a minimum amount of staffing paid for by the licensee and a legal main studio (including EAS capability and public file) under the control of the licensee.

Beyond that, it is well-established FCC policy going back almost four decades that "the Commission does not involve itself in programming choices." WGBH is supplying programming to WJMF and providing consideration in the form of educational opportunities for Bryant students. But as I understand this deal, WJMF itself, regardless of what audio goes over its main channel, remains licensed to Bryant, whose employees will remain in ultimate control of its programming decisions. There will continue to be a main studio, public file and EAS on the Bryant campus.

In the deregulatory era that has prevailed for the last three decades, the Commission does not involve itself in matters of competitive equity. If you can offer FCC precedent to support the idea that an LMA violates the rules because it "would adversely affect the fledgling RI Public Radio Network," I know a lot of communications lawyers who'd like to hear it.

Where is NPR in this matter? CBS and all of the major networks provide regional exclusivity to THEIR affiliates. Nary a peep from NPR regarding a superior out of market NPR affiliate getting the big slice of the fledgling, smaller local NPR station's market. You show 'em NPR! You sure covered WRNI's back on this one!

NPR has never provided program exclusivity to its member stations. If it did, WGBH would never have been able to carry "Morning Edition" and "All Things Considered" in Boston, since WBUR had them first. In any event, the program stream WGBH will be supplying to WJMF does not contain any of the same NPR content that WRNI carries. In fact, I don't see any NPR-provided content on the WCRB programming schedule at all. WCRB's weekday programming appears to be entirely locally-produced at WGBH. There is some syndicated programming on the weekends such as "Performance Today," which was once an NPR show but is now produced by American Public Media, a separate entity. (APM, which is also responsible for Prairie Home Companion, does offer some show-by-show market exclusivity for its affiliates, but WRNI doesn't carry "Performance Today," as best I can tell.)