The dispute between WBAI/Pacifica
and the Empire State Building over WBAI’s refusal to pay the rent for its
transmission spot atop the building enters a new phase on October 4, 2017.
Oral
arguments will be heard that day by New York District Judge Gerald Lebovits.
Empire State is requesting that the Court
make a summary judgment to settle a long-standing lawsuit caused by WBAI/Pacifica’s
failure to pay rent. The last time they paid rent was in 2014.
If the Court approves
Empire State’s motion, WBAI and Pacifica will have to pay $2.1million in back
rent plus legal fees.
At the hearing, Empire
State will argue that WBAI/Pacifica has no valid defense. They will point out
that WBAI/Pacifica signed a lease agreement in 2005, made payment until 2014
and then stopped making payments claiming the amount wasn’t fair. Empire State
will say WBAI/Pacifica stopped paying the rent because of inept management.
On the other hand, WBAI/Pacifica
are expected to try to make a make a nunc pro tunc case that would void the
contract. They will say the rent is onerous and unfair. So, this is essentially
an appeal for mercy from the Court.
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| Antenna workers at Empire State Building |
WBAI has mounted a
campaign intended to “shame” Empire State for being heartless capitalists. Empire
State believes that WBAI/Pacifica’s claim is moot because they willingly signed
the agreement.
There is a lot at stake
for WBAI/Pacifica if the Court rules in favor of the summary judgment. They
will have to come up with $2.1 million pronto.
Because WBAI/Pacifica are in the midst of financial crisis, they could
be forced to liquidate the FCC license for WBAI or be forced to enter
bankruptcy.
Observers say that the
most likely outcome is that the Court will agree with Empire State and approve
the summary judgment.
KHSU ADDS SECOND STATION: RADIO BILINGUE
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| KBAE's projected coverage area |
Last week it was announced
that KHSU in the Eureka area is purchasing another FM signal in the
market. Humboldt State University, the
licensee of KHSU, is paying $70,000 for the license of KBAE 95.5 FM. KBAE’s
projected coverage area is shown on the map on the right.
Rather than establish a
second station with a Classical or Triple A service, KHSU will become a
repeater of Spanish-language Radio Bilingue, based
in Fresno.
In a press release, Radio Bilingüe describes itself as a community-based radio network with a
satellite system that reaches scores of affiliates throughout the U.S., Mexico
and Puerto Rico as well as its own seven stations in California, three in New
Mexico, one in Arizona and one in Colorado.
Radio Bilingüe programming can be heard online [link].
Until the FCC approves the
license transfer, KHSU is now airing Radio
Bilingüe via a Local Marketing Agreement (LMA). There are 5,000 to 10,000
people of Hispanic origin living in Humboldt Couty.
RICHARD MILES IS THE NEW GM AT WBAA, WEST LAFAYETTE
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| Richard Miles |
WBAA AM & FM [link],
licensed to Purdue University, announced that their new General Manager is Richard
Miles. Miles is a well-known and respected public media veteran. Before accepting the WBAA gig, Miles was VP
of Interactive Media & Content Strategy at WFYI FM and TV,
Indianapolis.
Miles will likely find
working at WBAA to be a different environment than WFYI. Purdue keeps close
watch on activities at the stations and has a very
active role in station decisions. Previous GM Mike Savage was at WBAA for a
relatively short time. Rumor has it that Savage tried to mitigate Purdue’s presence
in station decision-making.
KEN SAYS: I know Richard Miles and he is a great guy
and a solid manager. He knows the scene at WBAA and Purdue well from his years
of working in the state. We wish him the best in the new job!
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