FCC 'Finds' License Challenge Pleadings to Yank WISN & WTMJ Broadcast Rights for Giving $1 Million in Free Airtime to Gov. Walker; FCC Staffer Still Claiming Original Complaint Missing

Tuesday, December 11, 2012

 

MILWAUKEE – The Federal Communications Commission has now admitted it has received the petitions to deny the renewal of the broadcast licenses of WISN-AM and WTMJ-AM radio stations – which would prevent them from broadcasting – after claiming they had not been filed, according to the Media Action Center.

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MAC, a national media watchdog, announced in November it had filed paperwork with the FCC challenging the licenses of  Clear Channel's WISN-AM and Journal Communications' WTMJ-AM. It had hoped the FCC would act by Dec. 1.

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MAC conducted a comprehensive study in May/June of 2012 – during the Scott Walker recall campaign – which clearly showed the two stations each gave supporters of Gov. Walker and the GOP about 80 minutes of free airtime daily on local talk radio shows, while refusing any access to supporters of Mayor Tom Barrett and Democrats whatsoever. In total, the two stations subsidized the Walker campaign with an estimated $1 million dollars in airtime. 

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MAC now reports that after first saying they were never received, Peter Doyle, FCC Chief of the Audio Division, has confirmed MAC's Petitions to Deny the renewal of the broadcast licenses of WISN-AM and WTMJ-AM radio stations have been located and were filed on time, and the cases will proceed.  

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But in emails to a third party, FCC Political Division Chief Mark Berlin claims the original formal complaint upon which the license challenges are based was never received, despite him personally sending MAC Director Sue Wilson confirmation it had been received.

FCC Political Bureau Says No Zapple Complaint Filed "for eight years." MAC Director's Response:

November 30, 2012

Dear Mr. Berlin,

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It has come to my attention that you are telling people the following in response to their requests that the FCC uphold the Zapple Doctrine due to violations by WISN and WTMJ radio in Milwaukee, Wisconsin.

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For the Zapple Doctrine to be invoked, the supporters of the opposing candidate would have to specifically ask the station for air time.  If the station refused, the supporters could then appeal to the FCC, but no such Zapple complaint has been made in at least eight years.  Therefore, there was no violation of the Zapple Doctrine by the stations here, and even if there were, that would not be a basis for the denial of a license renewal, since programming has nothing to do with licensing in the first place.

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Perhaps, sir, you have forgotten our telephone conversation last May about this matter.  Perhaps you have forgotten that, on May 24th of this year, I emailed you documents entitled "Formal Complaint to FCC re WISN and WTMJ," and "addendum:  Formal Complaint to FCC re WISN and WTMJ" citing specific Zapple violations by the stations.  Perhaps you have forgotten that you emailed me back, acknowledging receipt of said complaint. 

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To be clear, just as you outlined above, during the Wisconsin Gov. Scott Walker recall campaign, dozens of supporters of Mayor Tom Barrett did contact WISN and WTMJ radio asking for air time, and they were denied.  As part of our complaint, I sent you, Hope Cooper, and all five Commissioners emails from three of those people as a representative sample. 

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As the Zapple violation took place in the middle of the election, the complaint was urgent; as noted on the complaint, "time is of the essence."

FCC Misplaces Petitions to Deny Broadcast Licenses to Milwaukee Radio Stations Who Gave $1 Million Free Airtime to Walker Recall Campaign

UPDATE:  The FCC informed me today (11-30-12) that the agency did find the pleadings and they were received on time.
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November 29, 2012

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MILWAUKEE – The Federal Communications Commission (FCC) apparently has "lost" legal petitions filed to deny the licenses of Milwaukee radio stations WISN and WTMJ on November 1 for subsidizing the recall campaign of Gov. Scott Walker with about $1 million
of free airtime while not allowing any supporters of his opponent Tom Barrett on the air.

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The public interest group Media Action Center (MAC) was informed its license challenges will be delayed because the FCC cannot find the legal pleadings, even though the agency had signed a receipt accepting them earlier this month. The deadline for the FCC to respond was thought to be Dec. 1. 

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Sue Wilson, director of MAC, says it is only because reporters started calling the FCC asking questions about the license challenges that the problem came to light.  After sending Peter Doyle, Chief of the FCC Media Bureau's Audio Division, proof that the Office of the Secretary of the FCC had indeed signed for the documents, Doyle asked that she resend the documents this week.

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"Mr. Doyle is working with us to accommodate our filings, but it is clear the FCC is more geared for working with corporate lawyers than the very public it is sworn to protect," said Wilson, who confirmed she carefully followed the instructions for filing Petitions to Deny on the FCC website.

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MAC legally Challenges Milwaukee Talk Radio, Press Release:

Media Watchdog Files Legal Challenges with FCC to Pull Radio Licenses of WISN-AM and WTMJ-AM;  Study Shows Stations Gave $1 Million in Free Airtime to Scott Walker Backers

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November 20, 2012

MILWAUKEE, WI – A national media watchdog announced today it has filed petitions with the Federal Communications Commission – on behalf of citizens of the greater Milwaukee area – to deny radio licenses to Clear Channel's WISN-AM and Journal Communications' WTMJ-AM.

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These legal challenges – unlike citizen petitions – can deny the stations' right to hold licenses to broadcast to the greater community of Milwaukee, including Rep. Paul Ryan's district. 

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The FCC must rule on the case by December 1.  The decision could have national implications for Talk Radio. The FCC legal petitions can be found at: http://www.mediaactioncenter.net.

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The Media Action Center (MAC) said radio and television station owners are licensed by the FCC for the privilege of broadcasting to their local communities, much like drivers are licensed by the state for the privilege of driving a car. Stations must renew those licenses once every eight years, but the FCC must deny those licenses should the station fail to "serve the public interest, convenience, and necessity."  

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MAC said it conducted a comprehensive study in May/June of 2012 – during the Scott Walker recall campaign – which clearly showed the two stations each gave supporters of Gov. Walker and the GOP about 80 minutes of free airtime daily on their local talk radio shows, while refusing any access to supporters of Mayor Tom Barrett and Democrats whatsoever.    

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In total, the two stations subsidized the Walker campaign with an estimated $1 million dollars in airtime.  The study documents that WISN and WTMJ hosts and guests not only exclusively promoted GOP candidates, but actively recruited volunteers for GOP campaigns over the publicly-owned airwaves, while refusing to provide any free airtime for the other side.

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MAC files Petitions to Deny Milwaukee "Conservative" Radio Licenses

November 1, 2012

On the last date we can challenge Wisconsin radio's licenses for eight years, the Media Action Center has filed Petitions to Deny the licenses of Clear Channel's WISN-AM and Journal Communications WTMJ-AM in Milwaukee.  

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Both cite our formal complaint to the FCC about the stations donating nearly a million dollars of free airtime to supporters of Gov. Scott Walker and other GOP candidates during last spring's recall election, while refusing to allow supporters of opposing candidate Mayor Tom Barrett and other Democratic candidates any access to station microphones whatsoever.

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This conduct violates existing FCC rules, violates the First Amendment rights of petitioners and the greater community of Milwaukee, and proves the character of the owners is insufficient to hold a broadcasting license.

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The FCC must decide this case by December 1, 2012.
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See the WISN Petition to Deny here.
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See the WTMJ Petition to Deny here.
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Please forgive the odd formatting; Google's Blogger program is not interfacing well with Microsoft Word.  I am trying to get the Declarations posted, check back soon. 

Followup to FCC Complaint requesting Comparable Time for Both Political Parties during Campaigns

                                                                                                        July 26, 2012

Dear Hope Cooper,

I am following up on our complaint of May 24th regarding the imbalances we found on local Milwaukee talk radio during the Scott Walker recall campaign.

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We have completed our report of all shows through May 24, the date we made the FCC complaint.  The full report may be found here: http://www.mediaactioncenter.net/2012/05/scott-walker-recall-talk-radio.html#more  Should the FCC need us to compile data on the remaining days of the campaign, please let me know, as we do have archives of all the programs and can provide that information if you deem it necessary. 

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I can say with certainty that none of our people who complained to the stations were ever granted comparable time, and the talkers on talk radio during the remainder of the campaign continued to support only one political party.  Here is an article written, not by one of our members, on election day, independently supporting our data:  

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 http://www.jsonline.com/blogs/purple-wisconsin/157244905.html#!page=2&pageSize=10&sort=newestfirst

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Our monitoring reveals that every one of the five talk show hosts showed political intent by both personally supporting GOP candidates and by having guests who supported GOP candidates on the air, while denying any access at all to supporters of Democratic candidates.  Thorough data, including some on-air quotes showing political intent, are in our report, referenced above.  Some hosts, however, were more egregious in their one sided use of the airwaves than others.  For example, Vicki McKenna had more Republican guests on her program to support Scott Walker and GOP candidates than any of the others, routinely recruited volunteers for the GOP over the air, and mocked our effort for balance by stating on the air, “They're upset that conservative talk radio exists and conservative talk radio is out there supporting conservatives like Gov. Walker.” 

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I also wish to draw your attention to a relevant FCC document from 1972, (emphasis added,) found in its entirety at

http://www.uiowa.edu/~cyberlaw/FCCOps/1972/36F2_40.htm  

Formal Complaint to FCC filed on behalf of Wisconsin citizens

                                                                                                       May 24, 2012
Minutes ago, I filed a formal complaint on behalf of citizens of Wisconsin with the FCC concerning Milwaukee's WTMJ and WISN radio.

Both stations are violating the FCC's Quasi-Equal Opportunities Doctrine (Zapple Doctrine) which provides that if a radio station gives free airtime to supporters of one major political party candidate, it must provide comparable time to supporters of the other major political party candidate.

Supporters of Tom Barrett are demanding their rights in the remaining days of the Scott Walker recall election, and we have asked the FCC to intervene immediately.

Read the full complaint here: