Dickerson: Translator NAL Gives Clarity on NCE Board Changes
A recent FCC Media Bureau Audio Division notice of apparent liability confirms that agency permission isn’t needed for gradual changes in noncommercial educational broadcaster governing boards, said Wiley broadcast attorney Kathryne Dickerson in an interview and blog post. In an…
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August NAL proposing a $20,000 forfeiture (see 2308280071) for Olympia, Washington, translator owner Northwest Rock N Roll Preservation Society (NWR), the Audio Division rejected an accusation that the broadcaster had changed ownership without the FCC’s go-ahead because the multiple changes to the NWR board had happened over time rather than all at once. “We find that, because the nature of the changes to the NWR board were gradual, no unauthorized transfer of control of NWR occurred,” said the NAL. Though the agency made a similar ruling in a tentative conclusion in a 1989 notice of inquiry, it has never adopted the policy as a formal ruling, Dickerson said. In the August NAL, the agency said that though it isn’t bound by the 1989 NOI, the FCC “has hewed to them in later policy-making decisions.” With biennial ownership reports due soon, that acknowledgment should give some certainty for many NCE stations unclear on their status, Dickerson said. The decision is particularly notable because the NWR board gradually underwent a total changeover between 2010 and 2022, without FCC authorization, Dickerson said. The NAL's providing clarity on the agency’s view of such changeovers could save many NCE organizations time and money in preparing their ownership reports, Dickerson said.