KPFT Notes

The Pacifica Network is the only U.S. radio network with a democratically-elected governance structure. Our noncommercial broadcasting is Listener-supported, and supported as well by more than 1000 staff members nationwide, most of them unpaid staff. This network has survived McCarthyite repression, investigation by the House Un-American Activities Committee, and attacks from reactionary forces in this country.

The network is independent of government and corporate control, and thus is able to present unfettered public affairs programming as well as programs on music, the arts and humanities which are diverse and multi-cultural instead of profit driven.

This important network needs the support of all its listeners as never before. One part of that support is to become involved with the election of the Local Station Boards of each station.

An elections packet, compiled by me, is here.

Local Station Boards have the following duties and responsibilities:

• Actively reaching out to under-represented communities to help the station serve a diversity of all races, creeds, colors and nations, classes, genders and sexual orientations and ages. The Local Station Board is also directed to help build collaborative relations with organizations working for similar purposes.
• Assisting the station in fundraising activities.
• Conducting at least 2 Town Hall style meetings each year. These are devoted to hearing listeners’ views, needs, and concerns. Performing community needs assessments, or seeing to it that separate “Community Advisory Committees” are formed to do so.
• Working with station management to ensure that station programming fulfills the purposes of the Foundation and is responsive to the diverse needs of the listeners (demographic) and communities (geographic) served by the station, and that station policies and procedures for making programming decisions and for program evaluation are working in a fair, collaborative and respectful manner to provide quality programming.
• Reviewing and approving the radio station’s budget.
• Screening and selecting a pool of candidates for the position of Program Director at each radio station. The General Manager must make a hire from this pool of candidates.
• Writing annual evaluations on the job performances of the radio station’s General Manager and Program Director.
• Screening and selecting a pool of candidates for the position of General Manager from which the Pacifica Foundation Executive Director (ED) must hire.
• Ensuring that the station works diligently towards the goal of diversity in staffing at all levels and maintenance of a discrimination-free atmosphere in the workplace.

These Local Station Boards also have the following national responsibilities:

• Electing 4 members to serve as directors of the Pacifica Foundation which manages the radio stations in New York, Washington, D.C., Houston, Los Angeles and Berkeley. The Local Station Board can recall these Foundation directors by a 2/3 vote.
• The Local Station Board also appoints from its own membership representatives to serve on the committees of the National Foundation which review finances, programming, governance and other matters essential to the operation of the network.
• Each individual member of a Local Station Board should expect to attend monthly board meetings and actively serve on Local Station Board committees.

If you are interested in running for these boards, or know folks who you feel would add to the quality of your station by being on the Local Station Board, you should note the following summary timetable for the elections.

If you are NOT yet a member of your station, please subscribe with at least $25 or volunteer at the station for at least 3 hours by August 31st, 2007.

2007 Pacifica Elections Summary Timeline:

July 25th – Nominations of candidates begin

August 31st – Date of record for membership; all voters and candidates must be members as of this date, whether new, renewing or significantly lapsed

September 25th – Nominations are closed, campaign begins

October 16th – Ballots are mailed to members

November 15th -Ballots have to be received by Election Supervisor by this date

December 1st – Vote count to be announced by this date

Vote Quorum Required

To make this election valid, the bylaws require AT LEAST 10% of the eligible voters to actually vote. The on-air staff will encourage listeners to run for office and to cast their ballots but MUST refrain from endorsing candidates on-air or on any station-linked web site.

You may have heard the announcement during Duane Bradley’s report to the Pacifica National Board, but in case you missed it, KPFT now officially broadcasts in HD. KPFT is the first Pacifica station to broadcast in HD.

HD Radio is unique because it allows stations to deliver high-quality audio as well as additional FM channels, but without changing new frequencies.

HD Radio is an addition to, not a replacement for, standard analog broadcasting. It will allow KPFT to broadcast more than one program at the same time on additional digital channels. It’s like getting more frequencies from the FCC, while actually being tuned in with an HD Radio to 90.1.

Right now, if you own an HD Radio receiver, you can get KPFT’s great music, news and public affairs with a richer, crisper sound.

Later this year, this new KPFT HD-1 will be joined by HD-2, a new channel featuring some of our most requested content and brand-new local and national programming.

Only a few people have HD radio receivers now, but just as in the early days of FM broadcasting, this is likely to change over the next few years as more people discover it and the costs of the radio receivers come down.

Stay tuned to KPFT Houston for more on HD. And thanks for your continued support. Our Summer Sizzle drive starts this weekend, and your pledges make a difference.

Hopefully you have an opportunity to listen to Greg Guma’s report at Friday’s open of the Pacifica National Board meeting. In it, he blasts the ongoing lawsuits against Pacifica as aimed at crippling the organization. He received rousing applause for his remarks. Earlier in the month, this open letter was released on one of the cases. Credit to pacificana.org for originally posting this.

STATEMENT ON KPFK ALLEGATIONS, LITIGATION AND FUNDRAISING

I have received a statement from a group of producers and programmers at KPFK concerning their belief that it is “economically and ethically wrong” to raise money from KPFK’s listener-sponsors without full disclosure of the potential financial costs of current litigation brought by a staff member. They also put forward a number of proposals.

While it is not the practice of Pacifica to discuss pending litigation, the fact that this letter has been forwarded to the national office, the Pacifica National Board, and the KPFK Local Station Board, and is also apparently circulating publicly, makes some response necessary. As our corporate counsel has stated previously, the Foundation carefully investigated the claims in this matter when it became aware of them. Although counsel concluded that those claims were unfounded, Pacifica did make a good faith effort to reach a settlement in order to avoid the expense and stress of litigation. Unfortunately, those efforts were not successful.

Concerning the specific contents of the letter, its stated aim is to help Pacifica fulfill its potential, yet the dissemination of allegations such as “financial improprieties,” “embezzlement” and “potentially criminal behavior” clearly and unnecessarily undermines the organization. The national office has, in the past, carefully examined any accusations brought forward. To date it has found, after a detailed audit, no evidence of embezzlement or improprieties. In my opinion, the decision of the signers to assume guilt and spread rumors represents a rush to judgment and a disregard for the best interests of the Foundation.

This lawsuit, like virtually all others, is not only directed against an individual but also against the station and the Foundation. The decisions to pursue a possible settlement, and when the negotiations foundered, to defend against what counsel concluded were unfounded allegations, were made by the Pacifica National Board. When a lawsuit is filed against Pacifica or one of its employees, funds must be allocated to defend or to settle. Article XI of the bylaws, subject to California law, requires the Foundation to indemnify any director, officer, or employee against expenses, judgments, fines, and settlements unless there is reasonable cause to believe that unlawful conduct was involved. Despite the desire of some to create the impression that this is the case, Pacifica has been presented with no evidence of such unlawful conduct.

Our attorney has advised us that Pacifica is required by law to provide a defense for the General Manager and to pay any damages assessed against her or any settlement made on her behalf. We have no choice in the matter, he reports. Whether we like it or not, Pacifica is financially responsible for this lawsuit, just as we would be if someone caused an injury as a result of becoming involved in an automobile accident while covering a story for one of our stations.

We cannot as individuals decide which of Pacifica’s bills must be paid.

The letter also suggests that there has been a cover up, and argues that raising money for the station to defend against the charges in the lawsuit would constitute a “betrayal of the public on our part.”

But there is also absolutely no evidence that anything is being covered up; the National Finance Committee and the Local Station Board, representing the Foundation’s membership, are kept informed about the costs. The letter resorts to loaded language as a substitute for rational argument.

Apparently, the signers feel that they, rather than Pacifica’s elected representatives, are best equipped to determine what legal expenditures are justified.

The so-called “moral quandary” outlined in the letter sounds like a smokescreen. The subtext is a veiled threat to undermine fundraising unless the organization accepts their demands. And what are these demands? That no Foundation funds be spent to defend a lawsuit filed against the Foundation, that the station’s General Manager be placed on paid leave, and that any money raised be placed in escrow until an “impartial” committee is chosen to oversee its use.

In effect, the proposal is to ignore the bylaws of Pacifica because a group of programmers and producers – who, by the way, have been at odds with the current General Manager — has concluded that the lawsuit should not be defended by the Foundation.

If anyone wishes to file a grievance against a manager, there is a stated policy for doing so. If they desire to see a General Manager disciplined, the appropriate process is to appeal to the Local Station Board or to me, and present some evidence. But this letter is not an appeal and does not offer evidence. It is a threat, backed by the force of negative publicity. It does precisely the type of damage that its signers claim they want to avoid.

The Pacifica Foundation remains committed to the defense of free speech, even speech with which it disagrees. But those who govern and manage this institution should not be intimidated by provocative arguments and destructive rumors wrapped in progressive rhetoric.

Greg Guma
June 14, 2007

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Executive Director
Pacifica Foundation

The Media Justice Fund of the Funding Exchange explores the changing landscape in its new journal, Imagining the (UN)Thinkable: Community Media Over the Next Five Years. This collection of essays pushes the boundaries of current research on media policy and provides critical information on the potential power of the internet, radio, and community-access TV to enhance social justice movements. Written from perspectives of people of color, low-income people, women and other marginalized communities, the report offers useful tools and strategies for media justice advocates.

Download pdf here.

Duane Bradley opens with the idea of national and local programming. Notes that Houston consciously made a choice to import Pacifica stations’ programming. Programming needs to be branded and something we can be proud of. Duane notes KPFT is collaborating with a number of stations, as well as producing many specials.

Sasha Lilley (KPFA) discusses programming values, which face challenges with budget constraints. She discusses the idea of creating new afternoon programming.

Armando Guidino (KPFK) discusses achieving news balance and making Pacifica competitive. He offers the network should restart Free Speech Radio News discussions.

Brian DeShazor (Pacifica Radio Archives) announces From the Vault is soon to air on BBC Channel 5 to over half a million listeners in the United Kingdom.

Nathan Moore (National Programming Coordinator) touches again on collaborations, new programming and of being a national news presence.

Board member Prescod says unpaid staff needs support. How will we support programmers as a whole, she asks. Points out issues with Democracy Now! and long-term planning.

Board member Robbins suggests consistency of programming on Audioport, in terms of total running times. Names other issues with Audioport.

Board member Hauptmann asks about buy-in from stations and elaborate on co-broadcasting ideas. Eva Georgia (KPFK) says programming can be co-produced as a means to make them stronger, develop talent, etc.

Board member Lederer concerned that programmers not involved in discussions.

Board member Williams echoes Prescod in financially supporting unpaid staff. Asks about role of negotiations and Democracy Now!

Board member Brazon asks about Pacifica’s branding.

Guidino replies there is consciousness of programmer needs. Moore explains per branding that he is developing a national programming menu.

Board member LaForrest asks about collabs between stations in the traditional round-robin style.

Board member Bethune says mechanisms for followup don’t happen and need to.

Bobby Hill (WPFW) mentions news wrapups.

Board member Davis expresses concerns about indigenous programming, and other matters, such as Jena Six.

Board member Berg urges that Lederer’s comments should be instituted. Best way to create programming, she says, is local programming to address needs.

Board member Byrd says he supports news roundups.

Board member Remmers asks about local resistance to national programming.

Guidino notes that there is a desire for a stronger news presence, and to consolidate discussion about a Pacifica News Service. He says he believes this is a complimentary effort.

Board member Randawa asks what programming defines Pacifica, We must be committed, he adds, to growth. Asks how often live cultural performances are happening, and do PDs have a notion to bring arts programming to national prominence.

Board member Woodson asks what we need from boards to do what you do, as PDs.

Board member Adelson asks promoting digital distribution and promoting it. PDs answer questions.

Public comment.

I am headed to Los Angeles this week for a staff discussion with our national board about the role of national and local programming. “Who We Are as a Network: the relationship between local and national programming” happens starting at 2 p.m. Pacific (4 Central). This should be an intriguing discussion that, implicitly, touches upon two major programming threads: one that favors reliance on local programming and another that favors increased national programming. In that context, there are a number of competing interests, from budgets to pay for national programming to communities that would be displaced with program changes. Pacifica.org should be streaming the national meetings for this session. I hope to liveblog the Friday session too; it’ll be difficult as a participant, but I hope to give you coverage.

Pacifica Executive Director Greg Guma will be giving one of his last reports Friday night at the board meeting. Earlier this year, Guma announced he was stepping down from his post. If you’ve met Greg before or are familiar with him, his humanity and vision are qualities you notice immediately. He will solely be missed.

KPFT has a number of volunteer opportunities this week.

Phone Trainings for the upcoming Summer Sizzle pledge drive are scheduled for Thursday, July 26th @ 6:00 p.m. and Sunday, July 29th @ 11:00 a.m. Both happen at KPFT studios (419 Lovett).

This Saturday’s Watermelon Festival also needs volunteers. Contact Eddie Garcia at volunteer@kpft.org to participate.

More from L.A. Thanks to you all.

The lawsuit filed by Ken Freeland (with Robert Graham and Robert “Bob” Carter as interveners) against Jane Tucker Bradley, Les Radke and KPFT General Manager Duane Bradley was recently dismissed. A copy of the dismissal is available here.

Job Title: Project Manager
Start Date: August 15, 2007
End Date: April 15, 2008 (position may be renewed at that time to end of
2008)
Reports to: Communications Director
Supervises: Intern
Salary: half-time temporary position, $2,000/month
Location: Washington, DC

About FMC: The Future of Music Coalition is a not-for-profit collaboration between members of the music, technology, public policy and intellectual property law communities. FMC seeks to educate the media, policymakers, and the public about music / technology issues, while also bringing together diverse voices in an effort to come up with creative solutions to some of the challenges in this space. FMC also aims to identify and promote innovative business models that will help musicians and citizens to benefit from new technologies.

Rock the Net is a campaign to raise awareness about Net Neutrality in the music community. Musicians are encouraged to support the principle of Net Neutrality by joining the Rock the Net coalition through the FMC website (www.futureofmusic.org/rockthenet/) and myspace page and by raising awareness of the issue on tour at their shows.

Position Description: FMC seeks a creative, resourceful, and self-directed campaign manager to oversee and implement outreach to musicians and visibility among their fans for our Rock the Net project.

· Outreach. Working through existing networks such as independent record labels and associations of musicians to reach out to artists to encourage them to join the campaign. Crafting and delivering letters to constituency, following up, cold calling. Encouraging artists to reach out to their fans about the issue.

· Visibility at Member Events. Raising public visibility of RTN at events by member musicians. Working with concert promoters, musicians, tour managers to place campaign related images and branding during the show, setting up tables to distribute information, encouraging artists to speak from stage. (May require travel)

· Maintaining Website Presence. Overseeing/maintaining website assets on our FMC site as well as our myspace account. Ensuring accurate transfer of artists who join from myspace to the FMC website. Loading in concerts by member artists to the FMC website.

· Event Management. As necessary, coordinating with local partners to organize and publicize shows and tours branded as part of Rock the Net.

Qualifications: Excellent communication, writing, organizational skills and attention to detail. Familiarity and high comfort level working with
independent music communities ­ artists, labels, tour mangers etc. Experience and/or contacts in hip hop, jazz, electronic music, experimental and/or classical music communities a plus. Working understanding of net neutrality. Database maintenance experience and familiarity with web-based social networks such as myspace. Event organization and publicity background preferred.

Software: Fluency with Microsoft Word, Excel. Familiarity with database programs and web-based social networks highly preferred. Familiarity with Dreamweaver and HTML coding very helpful. We are a mac office. You will need your own computer.

How to Apply: Send cover letter, resume, brief writing sample (ideally similar to the type of writing on www.futureofmusic.org) to jobs@futureofmusic.org. Please include all hardware and software proficiencies in your cover letter. The position is open until filled.

Dear Colleagues:

More details of the NPR/CPB meeting with SoundExchange have been finalized and are provided for your information. As stated earlier, no agreement has been reached on a substitute for the March 2nd decision of the Copyright Royalty Board. Discussions about the structure and amount of the fee over the base rate are ongoing. However, based on this morning’s meeting, two important accomplishments have occurred:

* CPB offered a payment to SoundExchange that they have accepted, to cover what we believe is the base rate payment for stations due on July 15th. This payment does not cover retroactive obligations from 2005 and 2006. However, we don’t expect SoundExchange to take any collections actions while we are in good faith discussions.

* NPR is confident that public radio stations can continue current music streaming operations for the next 3 months as good faith conversations unfold.

Future conversations among CPB, NPR, SoundExchange and RIAA also will explore improving the collection of data by public radio music webcasters and corresponding reporting requirements. This is a necessary discussion to ensure that the musicians and artists whose works appear on public radio webcasts are properly identified and compensated and that public radio stations are not burdened with impossible, unachievable obligations.

It is important and significant to note that the agreements reached today with SoundExchange temporarily relieve public radio stations of the additional payments and ATH calculations found in the CRB decision. Stations that are currently filing reports with SoundExchange should continue to do so. As noted above, NPR believes that no actions will be taken against public radio webcasters. Consequently, unless otherwise notified, there is no reason for stations to stop music webcasting, limit visitors to their music webstreams or change current operations.

Due to confidentiality requirements with SoundExchange, the information above cannot be made public without risking these negotiations. NPR Communications has been in contact with major national, regional and trade media today and provided them with the following statement, which you’re welcome to use as well. If you have additional media relations questions over the next few days, please contact Andi Sporkin, Vice President for Communications, NPR, asporkin@npr.org.

From Andi Sporkin, Vice President for Communications, NPR:

July 13, 2007 – “NPR and CPB had a productive meeting today with SoundExchange. At the meeting, no agreement was reached on a substitute for the March 2 decision of the Copyright Royalty Board. CPB offered a payment to SoundExchange, that has been accepted, to cover what NPR and CPB believe is due July 15 as the base rate payment for stations beginning March 2, 2007. NPR and CPB are confident that public radio stations can continue their music streaming operations for the next three months as good faith discussions are ongoing about the structure and amount of the ultimate fee. At this time, public radio stations will continue music webcasting without limit to visitors to their webstreams or changes in their current operations.”

Bruce Theriault, SVP, Radio, CPB
Dana Davis Rehm, SVP, Strategy & Partnerships, NPR

WTXX Waterbury, Conn. was admonished for airing a show with an extra 60-second commercial in it–the FCC limits ads in kids shows to 10.5 minutes on weekends and 12 minutes on weekdays–as well as for three program-length commercials, including the Pokemon E-Reader.

The FCC also Monday admonished Paxson’s WBPX Boston for failing to supply the age range of its kids shows to electronic guide publishers.

The commission treats any show featuring an advertisement with a character from that show in it as a program-length commercial. In the Connecticut case, it was the Nintendo Gameboy E-Reader ad in now defunct Pokemon program on the now-defunct WB.

In the Pokemon ad there is a fleeting and partially obscured Pokemon game card, but that has been enough for the FCC to propose fining a bunch of stations that aired the show. It was a national ad buy on The WB.

WTXX put up several arguments for why it should not be fined over the fleeting Pokemon, including that it had not known about the fleeting image until The WB told the station about it after the fact. And, in an argument apparently supplied by The WB since Tribune also used it, even invoked an FCC indecency decision that the commission has said before and said again was not germane.

The FCC said the indecency precedent was not on point since it dealt with the fleeting appearance of a four-letter word in the background of an Amazing Race episode and “did not deal with the commingling of program content and commercial matter in children’s programming.”

All the stations volunteered the information about the violations as part of their license renewal applications.