FCC to WIN: You’re Not News, Get Over It

Sad but true: last Friday, the FCC finally responded to my appeal of its denial of my Freedom of Information Act request involving a case in which the agency declared Workers Independent News to not be news.

The dismissal was fairly perfunctory. What I was primarily asking for was the other 5,600+ pages of documentation the agency collected regarding correspondence (both internal and external) and deliberations on the WLS/WIN case (it only released 88 heavily-redacted pages). My primary objective was to discover the identity of the complainant who kicked off this sordid saga, as well as the identities of FCC staff who took the complaint and turned it into libel by official writ. Never before in the history of U.S. broadcast regulation has the FCC made a content determination on the legitimacy of a news organization. Read More

“The Documents Are Not Available”

On Thursday, February 25th — one day before the Radio Preservation Task Force‘s inaugural conference — I traveled to Washington, D.C. to meet up with friend and colleague, Dr. Christopher Terry, who was also attending the conference. Like me, Dr. Terry is a media law and policy scholar who hails from Wisconsin. And also like me, Dr. Terry has been watching with interest the FCC’s foray into definining journalism on the public airwaves.

In his classes, Dr. Terry uses the Commission’s $44,000 fine against WLS-AM for airing newscasts produced by Workers Independent News as a teaching point to explore the FCC’s regulation of sponsored content. In prior posts, I’ve explained how Workers Independent News purchases airtime on selected commercial radio stations to air its newscasts and features. The FCC case stemmed from WLS-AM’s failure to run the required disclaimer that WIN had paid for its own airtime in a small fraction of broadcasts.

But when the FCC decided to sock WLS with such a stiff fine, it made WIN’s legitimacy as a news organization key to its rationale. Unprecedented in the history of U.S. broadcast regulation, the FCC effectively declared Workers Independent News to not be news, thereby justifying such a large forefiture.

Shortly after the FCC’s 2014 decision, I filed a Freedom of Information Act request with the agency for all documents related to its decisionmaking process in the WLS case. Last November, FCC attorneys reported back that they had identified several thousand pages of material…but released less than 90 redacted pages. Among them was the original complaint that kicked off the FCC’s inquiry, which defamed Workers Independent News as an activist organization masquerading as a news outlet. It was on this allegation that the FCC seemed to rest its case. Read More

FCC Facilitated Right-Wing Hit Job on Workers Independent News

A year and a half since I tendered my Freedom of Information Act request with the Federal Communications Commission on its disturbing foray into determining the legitimacy of broadcast news outlets, the agency has finally responded. And it was with a big middle finger: of the more than 4,200 pages of documentation the agency identified as related to the case, the FCC released a paltry 88 (embedded at bottom).

The vast majority of this release is meaningless. It includes copies of the official orders in the WLS sponsorship-identification case, copies of the spot-sales contracts Workers Independent News entered into with WLS (it spent more than $33,000 to air its newscasts and feature programs on the station over a three-month period), official correspondence between the FCC and WLS’ attorneys related to the initial complaint inquiry, and some redacted e-mail correspondence between FCC staffers regarding the collection of the $44,000 fine assessed against WLS.

However, what little useful information gleaned from the disclosure only heightens the suspicion that the sponsorship-identification case against WLS was not motivated by the station’s failure to disclose (in a fraction of instances) that Workers Independent News had paid for its airtime, but rather by a right-wing operative seeking to muzzle Workers Independent News on ideological grounds. Read More

Workers Independent News v. FCC: The FOIA Dance

Yesterday was the initial deadline for the FCC to respond to my Freedom of Information Act request regarding its ruling that Workers Independent News is not news.

Today I had a long conversation with two agency attorneys, who report that because my request was so broad (any correspondence related to the WLS case) there may well be more than 1,000 pages of documents involved. The majority of these are apparently e-mails between FCC staff. Read More

Regulatory Innuendo as Stalking Horse?

Never before has an FCC enforcement action hit so close to home.

This week, the agency issued a Notice of Apparent Liability for $44,000 to Chicago radio station WLS-AM. The proposed penalty stems from a complaint filed by a listener regarding news programming aired by WLS that originated with the Madison-based Workers Independent News (WIN) service. The FCC accuses WLS of violating its rules by failing to disclose that it was paid for running WIN newscasts.

(Disclosure: I was one of WIN’s founding producers, helping to develop and launch the service between 2001-2004.) Read More