REMEMBER: “ONE ‘BOOK’ IS NOT A TREND”

PACIFICA PULLS THE PLUG ON WBAI; JUDGE TELLS PACFICA “PLUG IT BACK IN” • NEW PODCAST PUBLISHER RANKINGS

John Vernile

An already confusing situation regarding the future of the Pacifica Foundation became even more confusing this week.   

On Monday (10/7) interim Executive Director John Vernile, locked out the staff at WBAI in New York and then told them they were fired as of that moment.

Then, on Tuesday (10/8), a group volunteers and former staff filed suit against the Foundation. 

By the end of Tuesday, Judge Frank Nervo of the Supreme Court of New York issued a temporary restraining order that blocked the Foundation’s plans.

Nervo said in the temporary restraining order:

 

“The Supreme Court of the State of New York has issued a stay and temporary restraining order enjoining the Pacifica Foundation from seizing any property or equipment from WBAI; terminating any station employees; preventing WBAI from broadcasting it's regularly scheduled programming; or interfering with WBAI’s business."

A hearing about whether the temporary restraining order should be made permanent is scheduled for October 18, 2019.

The action by the New York court raised many questions such as who will pay for WBAI’s additional days of broadcasting. Also unanswered are questions regarding the Pacifica Foundation’s right to determine policy at a station that is 100% owned by the Foundation.

On Monday, Vernile informed the 22 members of the Pacifica National Board in a memo [link] why he was taking action regarding WBAI:

“Immediate action must be taken to address a dire financial crisis that seriously threatens the viability of the Pacifica Foundation. As a result of the ongoing financial shortfalls the Foundation lacks the financial reserves to pay staff salaries, health care, needed legal and engineering services, required insurance for our loan and legally required audit services.”

“Our financial condition makes it clear that it will be impossible to sustain this legal obligation without immediate action. Under its current management…WBAI is exposing the Foundation to insolvency. WBAI constantly requires the support of the other Pacifica units…to maintain current operations. This is no longer possible, as our reserves are virtually exhausted.”

“So, with a sober understanding that the survival of Pacifica is at stake, we need to cease local staff operations at WBAI and operate the station via a remote Pacifica network feed as allowed by FCC regulations.”

KEN SAYS:  

It is highly unlikely that Judge Nervo’s restraining order will be made permanent for one important reason: The Pacifica Foundation owns the FCC license for WBAI. 

Interim Executive Director Vernile acted properly. when he did because WBAI’s liabilities expose the entire foundation to insolvency.

Enforcing Pacifica’s arcane by-laws and settling internal disputes should be heard in civil court. The WBAI folks who filed the restraining petition don’t have "ownership standing." None of the petitioners are officers of the Pacifica Foundation.

Pacifica could have prevented this situation by creating separate 501c3 organizations in each state where the five stations operate. This move would have provided “cover” for the other stations and Pacifica as a nationally. But, they never took that step and WBAI’s debts potentially will sink the entire ship.

The Pacifica Foundation saved WBAI from oblivion in 2018 by agreeing to sign a reported $3.6 million loan agreement with the FJC Foundation [link]. The terms of the agreement are clear that if Pacifica defaults on the loan, FJC can seize the entire assets of the organization and/or force Pacifica to sell all or some of its station licenses.

We praise interim Executive Director John Vernile for taking action regarding WBAI. People who believe in Pacifica’s original mission should support Vernile. He is the “adult in the room.”

If we were in charge of Pacifica, we would go much further than Vernile. We would have all five stations end their current programming and simulcast a national program feed from one location.

SEPTEMBER PODTRAC PUBLISHER RANKINGS

NEW NPR NEWS/TALK STATION – WLVR 91.3 FM – IS COMING SOON TO ALLENTOWN-BETHLEHEM • PPM’s FOR SAN FRANCISCO & DALLAS

Christine Dempsey

Christine Dempsey is probably smiling today. Dempsey is Senior Vice President of Radio at Lehigh Valley Public Media (LVPM) in Allentown, Pennsylvania. 

She is in charge of the new WLVR 91.3 FM. The full-time News/Talk station is scheduled to debut on November 1. 2019.

Dempsey knows the territory. 

She worked for over a decade at WHYY in Philadelphia. 

In the early years of her career, she was the first PD of WDIY, a community station in Allentown. Dempsey said in a press release:

“I am excited to create and build a new full-service news outlet in our community. Bethlehem is home for me and I am proud to bring local journalism from our team of reporters to the Lehigh Valley and beyond.”  

WLVR 91 is a new venture for LVPM. The organization operates WLVT-TV PBS39, perhaps the most exciting PBS station in the nation. (Note: This the first time we’ve used the words “PBS station” and “exciting” in the same sentence.)

Funding for PBS39’s upgrade, and the cost of building WLVR 91.3 came from wise use of $82 million that LVPM received in 2017 from the FCC’s TV spectrum auction. 

The auction occurred after the FCC changed television transmission rules from analog to digital. 

The old analog channels were no longer needed so they became “surplus property” and several PBS stations received a windfall of cash.

Many of the PBS stations that received auction revenue paid off debts, set up “rainy day funds” or ordered new carpeting for their CEOs office. 

LVPM used the money a different way. PBS39 was transformed into an innovative local TV news station, airing the best PBS shows mixed with issue-oriented news programming for 10 counties in eastern Pennsylvania.

PBS39 [link] hired 10 reporters, two editors, updated production equipment and established a well-endowed operating fund.

Expect WLVR 91.3 to use a similar approach airing NPR programming and other nationally syndicated programs in addition to local and regional news.

WLVR 9’s COMPETITIVE SITUATION

Allentown-Bethlehem is rightly considered a “sleepy” media market. The chart on the left shows the major noncommercial players. Most of the stations repeat programming from out-of-market stations.

WLVR 91.3 will be the first full-time NPR News/Talk station in the market. 

The local competition comes from from WDIY [link] based in Allentown. WDIY airs Morning Edition and All Things Considered plus a mind-numbing number of specialty and music shows. You might call WDIY “a different radio station every hour.”

But WDIY has been the only local source of NPR News and it prides itself on its homegrown ties to the community.

Look for WLVR 91.3 to be a big success from the first day of operation. Moving forward, the biggest question is how many NPR News listeners are available in the market that previously had only token NPR service.

NIELSEN SEPTEMBER PPM RATINGS: SAN FRANCISCO & DALLAS

The competition between NPR News/Talk KQED and commercial KCBS ended in a tie in September according Nielsen’s PPM ratings. Both stations had a 6.4% AQH share.

Both KQED and KCBS have dropped in their AQH shares. One publication said that KCBS’s 6.4 AQH share is the lowest in five years. KCBS beat KQED in estimated weekly listeners.

Classical KDFC had another solid month in September. 

The station is getting lots of press coverage for their upcoming multimedia event at Cal Performances and Stanford Live called The Perfect Moment.

The show will feature photographs by Robert Mapplethorpe and an original score by composer Bryce Dessner.

In the Dallas-Fort Worth metroplex, NPR News/Talk KERA was the top radio news source in estimated weekly listeners. Commercial News/Talk WBAP returned to number one in AQH share.

Commercial Classical WRR was unchanged in the September ratings.

Adult Alternative KKXT had another up book.