April 16, 2024

Democracy May Prove the Doom of WBAI

WBAI likes to call itself “radio for the 99 percent.” But most of the time the station — a listener-supported and proudly scrappy mainstay of the left since 1960 — is lucky to be heard by 0.1 percent of the New York radio audience.

That disparity, and the teetering finances of the station and its owner, the nonprofit Pacifica Foundation, became apparent on a Friday afternoon this month with a tearful on-air announcement by Summer Reese, Pacifica’s interim executive director, that the station was laying off 19 of its 29 employees just to cover basic expenses like the rent for its transmitter atop the Empire State Building.

“Most of your familiar hosts,” she told listeners, “will not even have the opportunity to really say goodbye to you.”

The layoffs, which included the entire news department, have put a spotlight on a station that has played a major role in American public broadcasting. WBAI, at 99.5 FM, was one of the leaders of the free-form radio movement in the 1960s, with early appearances by Bob Dylan and the on-air premiere of Arlo Guthrie’s song “Alice’s Restaurant.” In the 1970s the station became a free-speech martyr when the Supreme Court upheld a Federal Communications Commission indecency citation for running George Carlin’s seven “filthy words.”

But huge debt and a dwindling membership have left both WBAI and Pacifica starved for cash. The station, one of five owned by the foundation, has operated in the red each year since 2004, accumulating more than $3 million in net losses, according to Pacifica financial statements. In addition to WBAI, Pacifica has stations in Los Angeles, Washington, Houston and Berkeley, Calif., and feeds content to more than 150 affiliates.

Among Pacifica’s debts are more than $2 million in broadcast fees owed to Amy Goodman’s “Democracy Now!,” the network’s most popular show. To cover Pacifica’s operating costs, the network has drained most of its accounts, hobbling the organization and raising the doomsday scenario in which it would have to sell WBAI’s broadcast license.

Founded in 1946 by conscientious objectors from World War II, Pacifica was the first radio network to eschew commercial sponsorships and maintain itself through listener donations. But critics have long said that its top-heavy governance, with large local boards and frequent, expensive elections, have put the organization in a constant state of gridlock, and that unless Pacifica reforms it will simply govern itself to death.

“This is what the board does,” Ms. Reese said in an interview: “It fiddles while Rome burns.”

Those same problems were on display at a public WBAI board meeting last week in an arts space in Lower Manhattan. Despite the layoffs just days before, the first 25 minutes were devoted to a procedural debate about the night’s agenda, with frequent mentions of Robert’s Rules of Order. Occasional shouts of “fascist!” and “go back to the N.S.A.!” rang out from listeners in attendance.

Berthold Reimers, WBAI’s general manager, reported that the station had $23,000 on hand and was scouring Craigslist and other sites to furnish new, cheaper studios in Brooklyn. An Ikea chair was bought for $40, he said. “That’s the cheapest we could possibly get.”

Former WBAI staff members complain that constant management turnover as the board instituted one “coup” after another made their jobs nearly impossible.

“For the last 10 years working at WBAI has been a nightmare,” said Jose Santiago, the news director for two decades. “I compare it to the nation facing Democrats and Republicans in Washington. Their priority is to stay in power and bash each other in the head, and nothing ever gets done.”

The station has just 14,000 members, who last year contributed $2.5 million, according to a preliminary financial statement from Pacifica.

“Pacifica has fallen below the level of sustainability in the size of its audience,” said John Dinges, a professor at the Columbia Journalism School and a former managing editor at NPR News.

“Democracy Now!” is Pacifica’s largest single creditor. Ms. Reese said that Ms. Goodman had been unwilling to restructure the debt, but Ms. Goodman, speaking last week after raising money on the air for two Pacifica stations, said she wanted to negotiate. “We are committed to the future of Pacifica,” she said.

To reform WBAI and Pacifica, Ms. Reese said she wanted to tame the finances, improve programming and rewrite the bylaws “from scratch.” The layoffs will save WBAI $900,000 a year, she said, but Pacifica is still strained. Board elections are held in two out of every three years, and last year the cycle cost $231,000. Pacifica still has $100,000 in legal bills, many from suits originating in the elections.

The financial situation raises the specter of selling WBAI’s broadcast license, its greatest asset. George R. Reed, a broker for television and radio stations, said that based on its reach, WBAI’s signal is worth about $45 million. But given the New York market, the price could easily be higher. Last year, for example, CBS paid $75 million for the 101.9 FM frequency.

Ms. Reese said she believed that Pacifica can turn itself around.

“This is not an irretrievable situation,” she said. “It’s a very politicized organization, and that sometimes interferes with making intelligent decisions. But by taking a look at programming, we can improve listener hours and our financial situation.”

Changing WBAI’s programming risks alienating the station’s core audience. Ms. Reese and the interim program director, Andrew Phillips, want more general-interest programming in the key “drive-time” hours of the morning and late afternoon. This strategy has been conventional wisdom in radio for decades, but not at WBAI, whose morning lineup includes shows like “First Voices Indigenous Radio.”

At the board meeting, Mr. Phillips told those in attendance that morning shows would no longer be directed “to the niche,” but that they would attract a wider audience that would help sustain the station. That proposition has terrified many of the station’s devotees.

Beverly Abisogun, 73, reflected the anger of many in attendance when she responded, saying, “We are not a niche; we are it.”

This article has been revised to reflect the following correction:

Correction: August 20, 2013

An earlier version of this article incorrectly referred to Amy Goodman as a creditor of Pacifica with “Democracy Now.” The money is owed to the program, of which she is host and executive producer.

Article source: http://www.nytimes.com/2013/08/21/business/media/democracy-may-prove-the-doom-of-wbai.html?partner=rss&emc=rss

Justices Agree to Consider F.C.C. Rules on Indecency

WASHINGTON — The Supreme Court agreed on Monday to decide whether the Federal Communications Commission’s policies banning nudity, expletives and other indecent content on broadcast television and radio violated the Constitution.

The granting of a hearing in the case, F.C.C. v. Fox Television Stations, No. 10-1293, puts into question whether the court will overturn its landmark 1978 ruling on indecency, F.C.C. v. Pacifica Foundation.

The Pacifica decision, which upheld the commission’s finding that George Carlin’s classic “seven dirty words” radio monologue was indecent, cemented the F.C.C.’s ability to police the public airwaves.

But in the subsequent 33 years, the media landscape has markedly changed, causing several justices to question in recent decisions whether those standards were still relevant in a world of unfiltered cable television, Internet, film and radio.

The case is an appeal by the F.C.C. of a ruling in 2010 by the United States Court of Appeals for the Second Circuit that said the commission’s policy against “fleeting expletives” and other indecency, which it measures on a case-by-case basis, was “unconstitutionally vague.”

The Supreme Court reframed the case slightly, saying it would hear arguments only on whether the F.C.C.’s “indecency enforcement regime” violated the free speech or due process clauses of the Constitution.

At issue are two live broadcasts on the Fox network of the Billboard Music Awards. In the first, in 2002, Cher used an obscenity while accepting an award. In 2003, Nicole Richie, while presenting an award, used two vulgarities in explaining how hard it was to remove cow manure from a purse.

The Supreme Court will also consider whether the appeals court was warranted in overturning a fine against ABC stations for the 2003 broadcast of an episode of the then-popular ABC series “NYPD Blue” that included a naked woman.

The Fox case has previously come before the court. In 2009, the Supreme Court ruled in a 5-4 decision that the commission had followed proper administrative procedures when it invoked the ban on expletives during certain hours against broadcasters. But several justices, including at least one on each side of the decision, expressed skepticism that the ban on expletives was constitutional.

The Obama administration and the F.C.C. asked the Supreme Court to overturn the recent appeals court decision, saying it would keep the agency from effectively policing the airwaves.

“We are pleased the Supreme Court will review the lower court rulings that blocked the F.C.C.’s broadcast indecency policy,” a spokesman for the F.C.C. said in a statement. “We are hopeful that the court will affirm the commission’s exercise of its statutory responsibility to protect children and families from indecent broadcast programming.”

Fox said in a statement that it was “hopeful that the court will ultimately agree that the F.C.C.’s indecency enforcement practices trample on the First Amendment rights of broadcasters.” ABC also said it believed that the Second Circuit was correct and that the Supreme Court should affirm that decision.

The appeals court ruled that the F.C.C.’s policy was inconsistent, in part because the commission ruled that Fox stations violated its policy with the language on the awards shows while it allowed the use of the same language in a broadcast of the film “Saving Private Ryan.”

While the Pacifica case gave the F.C.C. the authority to regulate indecent speech like the Carlin monologue, which made deliberate and repetitive use of vulgarities, it left uncertain whether the use of an occasional expletive could be punished. The F.C.C. later said it could, and it has generally ruled that broadcasters could not allow indecent material from 6 a.m. to 10 p.m. All of the incidents at issue occurred within those protected hours.

The F.C.C. case was one of 11 that the court accepted on Monday for its next term.

Justice Sonia Sotomayor, who was a judge on the Second Circuit before being appointed to the Supreme Court, recused herself from consideration of the F.C.C. case.

Article source: http://feeds.nytimes.com/click.phdo?i=8876b0aeb7d1342e6edfcfe443115bbe