The Last (?) Word on Classical South Florida, Five Senate Races, Two Politicians You Shoud Not Trust and Something from Sid

                                                           

                                                              

Is there a Delay in the Re-licensing of Classical South Florida’s WPBI ?

I haven’t brought you up to date lately on my “battle” with Classical South Florida, which purchased Palm Beach County NPR outlet WXEL back in May of 2011.  For those of you who aren’t familiar with my crusade, here is a thumbnail sketch.  If you have been keeping up with my efforts, just skip to the final few paragraphs.

After securing FCC approval, the sale of WXEL was finalized in May of 2011.  The purchaser, Classical South Florida, is owned by Minnesota-based American Public Media which also owns a similar classical music station, WKCP, serving Dade and Broward Counties with 24 hour classical music programming.  WXEL was then renamed WPBI.  Both stations have strong transmitters and can be easily heard within their listening areas 24 hours a day.  A good deal of the time, their musical content is identical.

Before the sale, WXEL, which had a history of poor management under the ownership of Barry University in Miami, broadcast a mixture of classical music and NPR news and information programming.  Once the sale was consummated, it became, as was its sister station to the south, a strictly classical music station (except for a mandatory minimum amount of local public interest programming required by FCC regulations).

This had not been a problem for WKCP listeners since Dade and Broward Counties were well within the range of WLRN, an NPR station in Miami owned by the Miami-Dade Board of Education which broadcasts only news and information programming during the day, supplemented by jazz at night.  Thus, listeners in those counties had a choice.  That was not the case in Palm Beach County where, once WXEL’s news and information programming was removed from WPBI, most listeners had no other local public radio choice besides WPBI’s Classical South Florida musical programming, unless they were able to tune to Miami’s WLRN or Fort Pierce's WQCS, neither of which are always heard throughout Palm Beach County. (Living in the southern part of the county, I am fortunate enough to manage to receive WLRN most of the time on one of my FM radios.)

Complicating the matter was a “transformer” station which WKCP had been utilizing in downtown West Palm Beach to broadcast its Classical South Florida musical programming to a very limited area in Palm Beach County.  Right now, that station has been increased in power to 250 watts, far less than WPBI’s 38,000 watts.  Once WPBI took over WXEL and it became Classical South Florida, WKCP stopped broadcasting its musical programming on this “transformer” station and leased it to WPBI which promptly turned it into a 24 hour a day NPR news and information station.  This would have been fine, except for the fact that the station’s 250 watt transmitter, now broadcasting as WPBI-News at 101.9, can only be heard in homes in a limited area roughly approximating the city of West Palm Beach, although automobile radios can pick it up outside of these limits.

 
If you reside in this area, you can tune into WPBI-News at home.

But if you reside elsewhere in Florida's largest county, you cannot.

Before the sale of WXEL was finalized, Classical South Florida had said it would continue news and information programming in Palm Beach County.  This was documented in an editorial in the Palm Beach Post in December of 2010.  They did indeed live up to this claim, but since they used the aforementioned 250 watt transformer to accomplish it, that statement had to have been made with tongue in cheek.  

Admittedly, WPBI-News’ signal is also readily available as a hybrid digital (HD) signal for those with HD recievers in their cars or at home.  Such a receiver for home use costs $400 according to the web site recommended by Classical South Florida.  The WPBI-News signal also can be received on smart phones and over the internet where it is “streamed.”  These alternatives, unfortunately, do not bring WPBI-News into most Palm Beach County homes, and that is where the sale of WXEL to Classical South Florida shortchanged most of the residents of the county.

(Actually, the hybrid digital (HD) signal is packaged within the bandwidth of WPBI’s analog FM signal, each carrying separate content, and then also fed onto the internet and onto the 250 watt transformer.  Apparently, this procedure is acceptable according to the FCC, although I have questioned it.) 

My involvement was that of an interested resident of Palm Beach County who felt he was being deprived of news and information programming from NPR and other sources on my local public radio station.  I wrote letters on several occasions to local newspapers and to Classical South Florida expressing this position.  In the final analysis, according to the Federal Communications Commission, once WPBI had been assigned WXEL’s license, they had great latitude and freedom in selecting what programming they chose to broadcast, as guaranteed under the First Amendment and the Communications Act.  And Classical South Florida, of course, chose to play classical music on WPBI.

                                                    
                                                      
I was not up against a brick wall, however.  From the online Public Inspection File (required by FCC regulations) of Classical South Florida, I learned that WPBI’s license was due to expire on February 1, 2012.  The Commission’s rules permit interested parties to file a “petition to deny” a station’s application for license renewal, or to file an “informal complaint” in such matters.  I felt that properly filing a “petition to deny” would have required the costly services of an attorney so I chose to make my position known in the form of an informal complaint.  I had nothing to lose.  According to the Commission’s rules, such a complaint to the FCC need not be sent to the station involved as well, as a “petition to deny” would have had to have been. That made it easier for me.  I also felt that a complaint made at the time of a station’s application for license renewal would receive more attention than one sent at another time.  Classical South Florida’s attorneys have since criticized me for complicating their application for license renewal with what they consider an unrelated complaint, as well as a letter to a newspaper reminding others that the license was up for renewal with the Commission. 

While my complaint included the argument that residents of Palm Beach County were being deprived of public radio news and information programming, I knew that this would carry no weight because a licensee, as explained above, was free to choose its own programming.  I needed an additional tool to include in my complaint.  Therefore, I chose to base it primarily on the FCC’s requirement that such stations publish a quarterly report including a brief narrative describing what issues of public interest  the station dealt with during the prior quarter, as well as the programming which addressed such issues.

I found that while public radio stations, including Classical South Florida’s stations, indeed do publish such quarterly reports, all they usually contain are listings of the programs dealing with matters of public interest.  One is left to assume that the issues which these programs addressed are the ones which would have been included in a brief narrative description if such a description had been prepared.  Apparently, over the years, the Commission has accepted this kind of reporting without a specific description of the issues.  This is contrary to the specific language laid out in FCC regulations (47 CFR Section 73.3527 [e] [8] [i]) which I clearly quoted in my complaint and which specifies that a narrative description of the  issues be included.  My hope was that this would give me some leverage in how my complaint was treated.  I suspect that it has. 

For those who are interested, here is a copy of the applicable citation from the Code of Federal Regulations.

47 CFR Section 73.3527 [e] [8] [i] : Issues/programs lists. For nonexempt noncommercial educational radio broadcast stations, every three months a list of programs that have provided the station’s most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October–December, April 10 for the quarter January–March, etc.). The list shall include a brief narrative describing what issues were given significant treatment and the programming that provided this treatment. The description of the programs shall include, but shall not be limited to, the time, date, duration, and title of each program in which the issue was treated. The lists described in this paragraph shall be retained in the public inspection file until final action has been taken on the station’s next license renewal application.                                                               


By this point, Classical South Florida’s Washington law firm was involved, and after chastising me for not sending Classical South Florida a copy of my complaint (they were unaware that an “informal complaint” did not require that}, filed a lengthy “Opposition to Informal Complaint” with the Commission.  Along the way, an error in the filing of WXEL’s final “Quarterly Report” which I had pointed out in my Informal Complaint, in which WKCP’s second quarter of 2011 programs were listed instead of WXEL’s, resulted in Classical South Florida amending (on February 13, 2012) their original application for license renewal.  As of this date (7-8-12), to my knowledge, WPBI’s license has not been renewed, at least according to that station’s on-line Public Inspection File.

Although it is water over the dam, I also took issue with the station’s law firm in regard to their repeatedly referring to the station’s providing service to West Palm Beach, where the station is indeed located,  and ignoring the fact that it is supposed to serve all of Palm Beach County. This geographic and demographic misconception makes the use of their 250 watt “transformer” for news and information broadcasting seem acceptable, which it is not.  **Please review the officially filed contour maps at the locations provided below by copying and pasting their location on your browser line.  Also refer to a *copy of a posting on the Palm Beach Post's "Opinion Zone" blog which I submitted on July 8 and which touches on the demographics question.

As of this time, I periodically monitor the station’s Public Inspection File regarding (1) the renewal of its license which expired over five months ago as well as (2) to see whether the Commission will view seriously my complaint about the station’s non-compliance with the Quarterly Issues Listing requirement and (3) whether there was a lack of candor in representations made by Classical South Florida at the time of the purchase of WXEL.  Their position in regard to such representations, according to the language in their lawyer’s "Opposition to Informal Complaint" filing with the FCC, was as geographically and demographically flawed at that time as it remains today, with the Commission not questioning any of their contentions.

                                  
                        The FCC is Headquartered in this building in Washington, DC

(In South Florida, WPBI is at 90.7 FM, WPBI-News is at 101.9 FM, WKCP is at 89.7 FM and WQCS is at 88.9.) 

**To view a contour map of the area served by WPBI, the same area formerly served by WXEL, go to: 

http://classicalsouthflorida.publicradio.org/about/fcc/files/wpbi/wpbicontour.pdf 

**To view a contour map of the area served by WKCP, go to:  http://classicalsouthflorida.publicradio.org/about/fcc/files/wkcp/contour.pdf 

That map includes the miniscule area in West Palm Beach served by the 250 watt translator, designated W270AD, which is leased by WPBI from WKCP and which broadcasts as WPBI-News at 101.9.  

I doubt that the FCC ever saw these maps when the sale of WXEL was consummated.  They are available on the Classical South Florida web site.
JL

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*On July 8, I posted the following message on “The Opinion Zone,” a blog forming part of the Palm Beach Post’s web site, where I had posted an earlier message in a section devoted to this WXEL's sale.

“This issue is not dead.  My informal complaint to the FCC caught a clerical error which resulted in WPBI having to amend its application for license renewal back on February 13, 2012.  Their license, which expired on February 1, 2012, and which had been pending since October of 2011, has not to my knowledge been renewed yet, over five month later!    

I have pointed out to the FCC how Classical South Florida may have made the point that the weak transformer broadcasting at 101.9 would provide adequate service by confusing the City of West Palm Beach (pop. 100,000) where the station is located, with Palm Beach County (pop. 1,300,000).  From my correspondence with Classical South Florida’s Washington law firm, it appears that the Commission routinely accepted Classical South Florida’s assurances, which may have been both geographically and demographically flawed, at the time of the purchase of WXEL, and continues to accept them.  I would hope I have made them aware of this error. This may be a reason for the delay in the relicensing of WPBI.

Jack Lippman 

                                                          

Two Republicans You Shouldn’t Trust

I hate to go out on a limb and accuse some Republicans of being dishonest scoundrels lacking integrity.  So I will merely cite two recent incidents and let you decide for yourself.

The first involves the efforts in many states dominated by Republican governors or legislatures to toughen laws on voter registration.  The excuse for doing this is to prevent voter fraud.  Even though evidence of such fraud is rarely if ever present, that is what they say when they push for such legislation.   The real reason, I suspect, is to disenfranchise those likely to vote Democratic.  Mike Turzai, Pennsylvania’s state house majority leader, agrees with me. Recently speaking before a meeting of the Pennsylvania Republican State Committee, Turzai mentioned the voter ID law they had passed, using these words: “Voter ID, which is gonna allow Governor Romney to win the state of Pennsylvania!”  So it isn’t about voter fraud after all.  The only fraud involved was that on the part of Speaker Turzai in shepherding this phony legislation through the Pennsylvania House.

In Mississippi, purportedly to protect the health of women undergoing abortions at the last remaining abortion clinic in that state, a law was passed saying the doctors working there had to have admitting privileges at a nearby hospital for the sake of the patients.  None had, and getting such privileges was difficult since it required them to live nearby and admit a minimum number of patients annually.  But the real reason for the law was stated by Lieutenant Governor Tate Reeves who points out that the law has nothing at all to do with women’s health when he said “It has been seven years since we have got good pro-life legislation passed out of the Mississippi legislature. That is a bill that gives us a great opportunity to accomplish what our goal needs to be. Our goal needs to be to end all abortions in Mississippi. I believe the admitting privileges bill gives us the best chance to do that.”  Fortunately, a judge was able to see through the deceit involved in this poorly disguised attempt to circumvent the Supreme Court’s Roe vs. Wade decision and has postponed enforcement of the law.

Decide for yourself, but if I were you and I were ever in a room with Turzai or Reeves, I would keep my hand on my wallet, and not turn my back on either of them.

JL

                                                                   

Five Senate Race Predictions

A few blog postings ago, I mentioned that the outcome of the Senate races this November might be more important than the Presidential results.   Based on those Senate seats which are either not up for election this year, those which are likely to be retained and those which are clearly leaning in their direction, it looks like the Republicans will end up with 45 Senators and the Democrats with 47 (including the two independents who usually vote with the Democrats).  That leaves eight crucial races which will determine control of the Senate.  As of today, here is where I think five of these races stand.

Nelson     
In Florida, Sen. Bill Nelson (D) is likely to be opposed by Connie Mack, son of the former Senator with the same name.  As of this moment, Nelson is ahead in the polls and will probably win.

Warren         
In Massachusetts, Sen. Scott Brown (R) is a whisker ahead of Elizabeth Warren.  Whether he wins again will depend upon by how large a margin President Obama wins Massachusetts.  I predict Warren will win on the President's coattails.

Steelman    
In Missouri, Sen. Claire McCaskill (D) will face the likely winner of a tough Republican primary, Sarah Steelman.  There is an enormous amount of money being spent in Missouri, which can cause some surprises, but Steelman will probably be the next Senator from that state.

Rehberg    
In Montana, Denny Rehberg is challenging Sen. Jon Tester (D) for his seat.  The race is a toss-up and may depend on who wins the state’s Presidential electoral votes.  At this moment, even though President Obama may carry the state by a slim margin, I feel Rehberg will still win the Senate seat. 

 Heller      
In Nevada, Congresswoman Shelly Berkley, who originally hails from New York, is running against Sen. Dean Heller (R) and trails by a few points.  Even if Obama carries Nevada, I feel Heller will be re-elected. 

If these five races turn out the way I have just predicted they will, and if  there are no unexpected surprises in the more certain contests, the Democrats will have 49 seats and the Republicans 48.  This leaves just three "toss-up" races, however, but in none of them is an incumbent involved.  These are in Wisconsin, Virginia and North Dakota where the present Senate seat holders are all Democrats.  In a future posting, let’s look at these three very interesting races.  They will determine who controls the next Senate.

JL

                                                             

                                                               

Sid's Corner

 Freddie, The Princely Frog   

 

Sid Bolotin

Freddie, the frog stroked quietly under the water toward the grass and reeds that were growing along the edge of the pond. When he came close into shore beneath a floating leaf, he allowed himself to drift to the surface. He let his legs dangle so that only his round yellow irises with their jet- black pupils appeared above the waterline.

From this hiding place he watched Hannah, one of the King’s twin daughters, thrashing through the shallow water at the far end of the pond. She had gathered her gown up between her thighs tucking it into the waistband in a valiant but futile attempt to keep it dry as she stomped through the decomposing vegetation that covered the bottom of the pond. She had placed her shoes and stockings high up on the shore and was squishing barefoot through the dead leaves, muck, and slime.

Again and again she plunged her arms into the water to pluck a frog from its sanctuary beneath the vegetation. She clutched each wiggling prisoner, ignoring the green crud its struggles flipped onto her once white, elegant gown; and stared deeply into the frog’s eyes as if to read its soul. Then, with her eyes closed she brought her crimson lips to the creature’s mouth lingering a moment as if waiting for something to occur.

                                     It seemed to Freddie that during these kisses all sound was stilled . . .the birds, the rustle of the wind in the trees, the hum of insects…as if the Universe stopped in silent witness. And each time that nothing happened, Freddie cringed at the moan of rage that burst from deep within Hannah’s being,

He watched in horror as she flung the frog away, not caring if it slammed into a broken heap on the shore, or skipped along the pond’s surface to be impaled by the heron standing nearby. Keeping a wary eye on Hannah, Freddie thought about how he had come to be in this predicament.

Only a few days ago he had been a handsome, rich prince traveling through the country in search of a maiden to be his life-long companion. He had come from his own kingdom because he had heard of these  twin princesses, Hannah and Heather.

When he was received at court, he fell instantly in love with Heather, the younger and the prettier of these fraternal twins. Her blue eyes and creamy skin combined with her most pleasing disposition to enslave his heart in an instant. She was the one he had been seeking…the girl of his dreams. In shocking contrast he found Hannah’s appearance and manner quite distasteful.

Because Hannah was the older of the two…even though it was only by a few minutes…the King had insisted that Freddie select her for his bride. And, when Freddie protested and prepared to leave without either of his daughters, the King angrily instructed his Chief Wizard to turn the prince into a frog and throw him into the royal pond.

The Wizard did as his sovereign commanded, telling Freddie that a maiden’s kiss would change him back…but cautioning that he would then be bound to her for eternity.

When the Wizard reported to the King, the King gleefully told Hannah who streaked to the pond to claim her eternal love. Although eager to return to his normal self, Freddie hesitated when he saw Hannah. She was one ugly maiden. The wart on her nose with its long hair and her snarling mouth stopped him cold as he had begun to hop toward her. He spin around in midair to plop himself into the pond to observe her from the safety of its depths.

Thank God he did! Her frustration at his escape exploded in a display of ranting rage, stamping feet, and pulling of her own hair. What a loony!

                              So, Freddie decided to avoid her kiss, choosing instead to wait for a chance to leap into Heather’s arms and plant a kiss on her sweet lips. He prayed that he could do this before Hannah, or the heron, caught him.

Or, he’d just remain a frog.                                    Copyright  2002   Sid Bolotin


                                                                      

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