Missing Links, Analysis & Questions
> If you'd like to read the release from Spitzer's office,
> click here.
>
> Note the links at the bottom of the page that take you to
> both the complaint and the exhibits. You'll need Adobe
> Reader for those two documents.
>
> Both documents appear to be damning to both local personnel
> and corporate management all the way to the top of the
> ladder. Ouch.
>
> The fallout from this should be interesting to watch.
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Wonder if Entercom invested in fallout shelters? I've read the
complaint and looked at the
exhibits. I am not an attorney, but from what I can decipher, it does not bode well.
One of the first keys in the Complaint is the subtle but powerful phrase in paragraph 4,
"... the sale of Entercom's valuable air time to the highest bidder, without disclosure to its listeners."
Paragraph 22 of the Complaint notes,
"Federal law also prohibits undisclosed sale of airplay."
Paragraph 28 of the Complaint brings to light the process by which money is maneuvered between record companies, independent promoters and the stations.
Section III, paragraphs 32 and 33 are eye-openers. Take a look at the amount of money and multiply it by the TOTAL number of Entercom stations cited in the Exhibits.
Paragraph 35, Section III is the hammer and nail.
Senior Entercom management clearly knew and contributed to the execution of the play for pay activities which occurred at WKSE and (in lesser degrees) WTSS. The activities at WBEE are particularly telling. Read Section III, paragraphs 43 through 50 (inclusive).
The activities cited in the Complaint, as they regard Dave Universal, begin in December 1999 and continue through January 2005.
Read paragraphs 40, 41 and 42 for further insight as to how the station, and ostensibly, upper management, was involved. Amazing!
Check the list of out-of-state Entercom stations and the dollar amounts proscribed to each station and you understand this wasn't any corner gin mill pokers game.
Dave Universal appears correct in his earlier assertions that his bosses knew of and encouraged his actions as program director of WKSE. It doesn't excuse those actions, and even though it might be argued that he was "simply following orders," his actions appear to be complicit. (Again, a layman's assessment.)
What's surprising is how many fingerprints of Entercom upper management are all over this. It appears to go as high as Entercom CEO, David Field, who according to e-mails noted in the Exhibits, appears to have been "CC'd" on most of the activities. Also directly involved are in-house consultant Pat Paxton and RVP Wheezie Kramer. Michael Doyle and Billy Kidd's names also appear on documents found in the Exhibit.
WTSS GM, Lawrence Robb is mentioned in paragraph 55 of the Complaint, which incriminates Entercom's oversight (or lack thereof) of the activities.
At least ONE Entercom employee had the temerity to speak up. Note paragraph 57 of the Complaint which quote's the employee's e-mail appeal to in-house consultant Pat Paxton and Entercom CEO, David Field. [God, how I wish radio people learned how to spell and construct a simple declarative sentence.] Whoever this employee was (I have my suspicions) she/he deserves a lot of credit.
Paragraph 58 makes one wonder if upper management had a clue, or the inclination to
buy one.
Paragraph 61 relates Entercom CEO's bold expectations. Stunning.
Paragraph 64 could easily be titled, "It's Not About The Music, It's About The Money."
Paragraph 66: What's the opposite of "disclosure?" Check the word "conceal." One word speaks volumes
Check paragraph 69 and the "detection" scheme. Interesting ploy, isn’t it?
Paragraph 80: Repeated persistent fraud and illegality.
Paragraph 81: Deceptive business practices.
Wonderful way to serve the public interest, convenience and necessity, isn’t it.
Questions
One wonders when the ABC Nightline cameras will be focused on Entercom upper management? Unlike DU, Field, Paxton and Kramer most likely won't have much, if anything, to say.
Should Spitzer and his attorneys win this case, Entercom will be on the hook for a considerable sum, and deservedly so. Equally interesting is whether attorneys general in other states pursue legal action against Entercom based on the actions of the NYS attorney general’s office.
Who in the Entercom empire will be held accountable for the improprieties?
Will the FCC take punitive action, approving short term renewals for WBEE, WTSS and WKSE, if not all of the New York state Entercom stations? This is, after all, a license renewal year in New York.</font>
