The station licensed to Little Valley is on the air and ALL ACCESS.com is reporting they're using Citadel's Classic Hits format.
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Seneca Nation is on the air.
- Thread starter ThePickleReport
- Start date
Couple things I've been vaguely curious about...
1. This isn't the case with WGWE, but what happens should a licensed facility be located on tribal lands? As a sovereign nation, does the FCC still have authority? Is it covered under the same (or similar) treaties as the broadcast treaties with Canada and Mexico? If the FCC does have authority, do they still exercise it via the US Marshals or does it have to go through tribal authorities?
2. Carrying that thought to an extreme, what's to stop a tribal nation from putting up a giant pirate radio station on sovereign land? For example, what if the Cayugas set up a big-ass pirate radio station and starting hawking cheap gas and cigarettes at their two stores? Granted, in that case I imagine the bad P.R. would outweigh the benefit, and there's something to be said for not needlessly antagonizing an already-irate State Legislature. That's politics, though. I'm more interested in the actual legal mechanics than the politics.
1. This isn't the case with WGWE, but what happens should a licensed facility be located on tribal lands? As a sovereign nation, does the FCC still have authority? Is it covered under the same (or similar) treaties as the broadcast treaties with Canada and Mexico? If the FCC does have authority, do they still exercise it via the US Marshals or does it have to go through tribal authorities?
2. Carrying that thought to an extreme, what's to stop a tribal nation from putting up a giant pirate radio station on sovereign land? For example, what if the Cayugas set up a big-ass pirate radio station and starting hawking cheap gas and cigarettes at their two stores? Granted, in that case I imagine the bad P.R. would outweigh the benefit, and there's something to be said for not needlessly antagonizing an already-irate State Legislature. That's politics, though. I'm more interested in the actual legal mechanics than the politics.
I hope this is only the beginning for them. They have the wherewithal to do it right, with a bunch of advantages over the white boys. Couple of thoughts. They can market their own venues like crazy. They're printing money with the casinos, so what bank is going to tell them no if they decide to move into the city.
Barry Snyder, current nation President is quite an astute businessman...Seneca Hawk...maybe the first to figure out a way to beat the state at it's own game. Who in Albany has taken on the nation in the last 20 years successfully? They don't play down there on the Four-Mile Level.
Regent delisted...Citadel bankrupt. You might see Joe Chille or Larry Norton selling gas and smokes at the Bills games!
Barry Snyder, current nation President is quite an astute businessman...Seneca Hawk...maybe the first to figure out a way to beat the state at it's own game. Who in Albany has taken on the nation in the last 20 years successfully? They don't play down there on the Four-Mile Level.
Regent delisted...Citadel bankrupt. You might see Joe Chille or Larry Norton selling gas and smokes at the Bills games!
These issues were brought up in a thread when the transfer of CP from Randy Michaels' company to the Seneca Nation occured last year. The discussion ended with "hmmm, that's an interesting question." The Seneca Nation very likely will be responsible stewards of their license to broadcast on the public airwaves, but the questions are valid if nothing more than for academic discussion.
As to Magoo's point about "printing money..." The casinos aren't going broke, but there have been published reports that the economy has taken a toll on the casinos. The Buffalo Casino project has been tabled because of money issues related to financing and the economy. As to "Norton and Chille selling gas and smokes at Bills games," those guys are flush, Moe. More likely it'll be Magoo and Pastrick.
As to the format choice. Classic Hits is a head scratcher. You'd think Country would be the choice. Here at the Radio Bunker southeast of Buffalo, 105.7 out of St. Catherines totally obliterates anything available on 105.9. I'll have to take a road trip with Tom Atkins.
I feel quite confident that "sovereign nation" status for Native American reservations is a highly restrictive legal concept, even in New York State. You may all rest assured that the Federal Communications Commission retains exclusive jurisdiction over radio emissions emanating from that real estate. If the Senecas suddenly start cranking power to 100kw and playing select-a-frequency, just watch how long it takes U. S. Marshals to shut them down. For these reasons I feel sure the Senecas, as "astute businesspeople," will respect USA radio rules and regs.
"Who in Albany has taken on the Nation in the last 20 years successfully?" Probably not many. They don't have to. The Internal Revenue Service and Justice Department are doing it for them. The Oneidas just got handed a multimillion dollar bill for back real estate taxes which upheld by a Central New York court, reservations have been raided and tens of thousands of packs of unstamped cigarettes have been confiscated by revenue agents, and Federal legislation is pending which would forbid tax-free sale of ciggies and gas to non-Native Americans. I doubt they're going to push the legal envelope.
"Who in Albany has taken on the Nation in the last 20 years successfully?" Probably not many. They don't have to. The Internal Revenue Service and Justice Department are doing it for them. The Oneidas just got handed a multimillion dollar bill for back real estate taxes which upheld by a Central New York court, reservations have been raided and tens of thousands of packs of unstamped cigarettes have been confiscated by revenue agents, and Federal legislation is pending which would forbid tax-free sale of ciggies and gas to non-Native Americans. I doubt they're going to push the legal envelope.
Native Americans may not tangle with the FCC, but the Seneca Nation is on record saying they will use whatever means to stop and resist infringement of their rights as a sovereign nation with regard to the sale of tobacco sales to non-nation residents and taxation of those products. The NYS Thruway crosses Seneca Nation land in the Gowanda area southwest of Buffalo. The Nation has threatened to protect their rights and treaties by prohibiting traffic or charging a toll to vehicles using the portion NYS Thruway that crosses Indian land. In 1995, they used burning tires to make their point. That particular action slowed and backed-up traffic to nearly Batavia and Erie, PA.Savage said:
Oh, great. Civil disobedience and terror tactics lite. Now THAT'S good for the local economy.
The State and Federal governments will indulge the "sovereign nation" notion only so far as it helps them generate revenues, e.g., "casinos." Once the Native Americans start subverting the revenue government sees as rightfully theirs, authority will descend with lightning rapidity. The cigarette raids were just a little foretaste of what would happen.
So the Senecas seriously propose to intercept Thruway traffic and demand tolls? Sure. You bet. Let's see how that works out for them.
The State and Federal governments will indulge the "sovereign nation" notion only so far as it helps them generate revenues, e.g., "casinos." Once the Native Americans start subverting the revenue government sees as rightfully theirs, authority will descend with lightning rapidity. The cigarette raids were just a little foretaste of what would happen.
So the Senecas seriously propose to intercept Thruway traffic and demand tolls? Sure. You bet. Let's see how that works out for them.
Concepts...all. And potentially correct. And potentially incorrect.
However, I see the intent here as one of serving their constituents. I don't believe there is intent to use the medium against the grain. Their programming will (should) fall within their desire to serve their people. (observe previous Indian nation licensing stations please). Granted, they may produce revenue within their rights with advertising the "tax free" ammenities to which the white man allowed them through treaty, but i doubt it will become a forum for dispute. They wish no confrontation either, only what was promised though treaty.
I say, give them a shot. I would bet the farm (no pun intended), that even they could good Savage a run for his money when it comes to using the airwaves as they were intended.
that is all.
However, I see the intent here as one of serving their constituents. I don't believe there is intent to use the medium against the grain. Their programming will (should) fall within their desire to serve their people. (observe previous Indian nation licensing stations please). Granted, they may produce revenue within their rights with advertising the "tax free" ammenities to which the white man allowed them through treaty, but i doubt it will become a forum for dispute. They wish no confrontation either, only what was promised though treaty.
I say, give them a shot. I would bet the farm (no pun intended), that even they could good Savage a run for his money when it comes to using the airwaves as they were intended.
that is all.
Not trying to be antagonistic at all, nor am I suggesting the Seneca station would be run in any manner than responsibly or in accordance with FCC rules. I believe the question was posited earlier in this thread about the legality of a "big-ass pirate radio station" on Native lands and whether the FCC would cede jurisdiction because of "sovereign nation" status. The answer to both of these propositions would be...negative, IMO. That's all.
This is an especially interesting discussion today, since the FCC just released an order that will give tribal stations a preference in allocation decisions. It doesn't look like the tribes around here will get much traction from that, since the dial's already quite full and since none of the tribal lands here are sizable enough to make up more than 50% of the coverage area of a new station. But it will make a difference in some rural areas out west:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296163A1.pdf
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296163A1.pdf
Indeed. Historically it's not like the gov't has ever felt constrained by the idea of "sovereignty" when it didn't align with their interests. The Trail of Tears, anyone? As Capt Barbossa said, "the (Pirates) code is more what you'd call 'guidelines' than actual rules."
But that's more what I was after: the actual rules and how they apply in this case. I get the impression that they're probably rather complex and legal, and thus I'd need to pay a lawyer to puzzle them out for me. I'm not quite THAT interested in knowing the answer. :
FWIW, I've heard the "burning tires on the Thruway" story many times. I'll just say that 1995 was not long after David Koresh in Waco, TX...and long before 9/11 and the Patriot Act. Don't really see that tactic bearing much fruit if tried again.
Burning tires and NYS Thruway. '95. Remember it clearly. WGR Newsradio 55. Ray Marks and his news team were all over it thanks to diligence and a little luck (as Paul McCartney sang) with reporters getting the scoop on our esteemed competition. We made each other work, that's for damn sure and they were hot on the trail too. If memory serves correct, we also had to deal with a Bisons game. Never a dull moment in news-talk (and AAA baseball pbp.)
F
FreddyE1977
Guest
I suppose they could seek diplomatic recognition from a handfull of foreign
countries. That would make it an interesting decision for the Feds.
countries. That would make it an interesting decision for the Feds.
Yes, I believe they are...and no, I don't think they could. IANAL, but the Indian Citizenship Act of 1924 granted US Citizenship to all Native Americans. In hindsight this is kinda obvious since it's impossible for a non-US citizen to hold a broadcast license. So they're subject to the same royalty fees as everyone else.
For the second question, combine the citizenship issue with the Logan Act (which prohibits unauthorized private citizens from conducting foreign policy on behalf of the USA) and I don't think a tribe could legally seek diplomatic status with foreign countries. As a practical matter, it's one thing to stand up and declare your patch of real estate as a sovereign country and seek diplomatic status. It's quite another for the rest of the world to recognize it. I can't imagine too many countries would willingly antagonize the USA by "recognizing" a "rogue" tribe.
F
FreddyE1977
Guest
aaronread said:
The Logan Act....didn't that become obsolete when Nancy Pelosi and Louise Slaughter went to Syria and
negotiated with Bashir Assad behind Pres. Bush's back? I'm just sayin.....
ok - simple post ( from a simple mind), see i can laugh at myself ,
-where are the basics......
1.
studio address / studios located in ________ ?
2.on the dial at ???
(?)105.9, did i read that correctly ?
3.
and, where am I to tune this in....im guessing south 219,
but . . . where ?
4.
and, oh yea, how does it sound?
(does it have any id's promoting any name ? ie: 105.9 the ______ )
or is it jukebox 106, with one song ending, and the cd player,
. . . .(waiting) and playing the next "tune" ?
-where are the basics......
1.
studio address / studios located in ________ ?
2.on the dial at ???
(?)105.9, did i read that correctly ?
3.
and, where am I to tune this in....im guessing south 219,
but . . . where ?
4.
and, oh yea, how does it sound?
(does it have any id's promoting any name ? ie: 105.9 the ______ )
or is it jukebox 106, with one song ending, and the cd player,
. . . .(waiting) and playing the next "tune" ?
I'm not surprised that the rhetoric has started. Let them do what ever it is they are going to do. Sometimes one must step back from being overly passionate, and look at the forest for the trees. They have a license, and they aren't bankrupt. (Hmmm) ???
I'll stop there to keep this non-political.
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