Saturday, January 5, 2008

KKCR Update: Complaint Filed with FCC

Today I received an email from Patrick Michaels, who wrote about the action he has taken following the recent spate of events at KKCR that saw three programmers being taken off the air and the gates to the station locked on at least four occasions.

This is what the email said, and all of the words that follow in this post are his:

For the five years I've been back and forth to Kauai, from NY, where I come from a long family line of broadcasting professionals, I've often wondered about the 'community standards' claim of KKCR. This last, arbitrary approach, foisted on the community by the largely white, organic, and inclusive folks, headed by folks like 'Ann of Avalon' [Ann West] etc, pushed a major button for me.

So, without further adieu, I simply exercised my citizen's and community members rights, and requested, of the five commissioners of the FCC, that an investigation be launched into the business practices, the management approaches, and the wholesale disregard for FCC rules, that KKCR represents.

Now, let's see how many folks stay on the air, when a simple matter like a time and station check gets missed, which I understand from observation and listening, is considered an infringement on FREE speech and expression, by most of the 'players' at KKCR's amateur, volunteer group.

I've been professionally and personally shunned by the core group, mostly due to, in my view, having crossed paths, unfavorably with Ms. Anne of Avalon, who's power behind the scenes, and on microphone, are typical of the 'non community' focus approach. In fact, that person, among others, has a lock on the pursestrings of KKCR, and the direction of programming, whether it's admitted or not.

Hope that KKCR has their license suspended, and a core group of professionals, can reinstate what was stolen, from the original group that formed that entity in 1994.

I've sent the same information to Dove and Ken at KKCR. I'm no secret to them, as I was among the community activists that turned them in for FCC violations, which prompted the on air folks to grumble about freedom of expression, and some of them to be 'bridled'. I'm no fan of the management or Lady Anne of Avalon, since it's a shame that one group can dictate what 'community standards' represent. One reason I'm sure that Larry [LaSota] didn't last as GM, is that the organic tribe diluted his intentions, step by step.

btw, I'm a long time broadcasting professional, going back to being on air at the ripe age of 11 in NY Metro area.

41 comments:

harry said...

That's great as we, those who support the station and its direction, have also filled info briefs with the FCC basicly saying that you and the other radicals are trying to take over the station....

We'll see it off the air forever rather than have those seditionous radicals take control!

Its a community radio station and that means the ENTIRE community and not just the loud mouth radical minority!

See you out there

Joan said...

OK, now everybody hold on. I think there's some common ground to be found between destroying the station and keeping it exactly like it is. Let's strive to move toward that place.

Still, I'm glad for everybody to see the depth of feeling on all sides here. This bad blood has been going on for over a decade.

Maybe this is our opportunity to cleanse it.

Anonymous said...

If the staff and board of KKCR continue to circle the wagons and take a siege mentality they could very well get their liscence susended until they meet the national- not to mention FCC- standards for non-commercial, listener-sponsored, community radio standards for non-commercial community radio.

There are a list of reforms that will be out soon deatiling the "suggestions" peple have been making without success for 15 years. They now obviously have to be demands in order to keep our station.

If the liscence is lost it will be through the actions of the board and management over the next week or so.

They have a choice

Andy Parx, PNN

irk said...

calm now.
despite Ann's trying and failing (like all the others) to build her home at the Pila'a heiau of human sacrifice, this "spiritually enlightened" former Playboy Bunny does not deserve a public tongue lashing!
especially by one who wants to catch airwaves for himself.

Anonymous said...

First Andy... PNN is a joke.

Secondly it is not 'your' radio station its 'ours' as in the entire community and not just those who are racists against white people and hate America.

Meanwhile Joan said...
"OK, now everybody hold on. I think there's some common ground to be found between destroying the station and keeping it exactly like it is. Let's strive to move toward that place."

And then you woke up right? That time is loooong since pasted and if those that were fired and those that support that radical foul mouth junk on our public airwaves want to know who is at fault they should look in the mirror.

"This bad blood has been going on for over a decade."

Yep and those that love this island and Amercia and have had enough.

"Maybe this is our opportunity to cleanse it."

And by that the radicals mean get rid of anyone who does not subscibe to the myth of the overthrow and their politically correct attitudes.

Speaking for myself I'd rather seen the station taken apart and sold for scrap than to let it fall into the hands of the radical America haters.

But Joanie is right about one thing... OK two things....
this has been a long time coming and is far from over.

The actions over the HSF are the beginning of the end of allowing the malcontent professional protesters to hold our island hostage.

By the way I hear there's an sale on air flights back to Cali!

irk said...

yeah!
right or wrong love it and chant the revisionist mantras of the neocons.

Anonymous said...

Community radio is valuable because it can broadcast the most marginalized views. We don't love it in spite of that, we love it because of that.
Nobody is arguing that the station should be closed to all but one point of view. We are arguing that it should be open to all points of view.
KKCR has at least one extremely conservative programmer. I don't agree with his views, and it is often a test of endurance for me to listen to them. But I would never argue that his views should be banned from the airwaves.
I believe that everyone would agree that creating a KKCR whose board, staff, and programmer corps reflects the true racial, cultural, and class demographics of Kaua'i would be a good thing.
So let's move on to the discussion about how we get there.
The "radicals" mentioned here in the comments have been offering concrete solutions for years, and they have fallen on mostly deaf ears. Now is the time for all egos to be put aside so that we can put these changes into motion.
-Katy Rose

Anonymous said...

common ground?....
.........it can be found
................its all around!

Anonymous said...

I'm surprised to have seen so much column space given to a New Yorker who seems to know so little about it. And too bad he feels compelled to get his feet this far into the trough.

He seems to think that KKCR revolved around Ann West. She had 2 shows. She's gone. She never had anything to say about programming. She had nothing to do with the pursestrings. She was on the board at one time, but being shunned by Ann doesn't translate to being shunned by "the core group" whomever that may be.

I get a sense that Patrick is shunned by lots of people. I guess it's good to what level of misinformation is behind FCC complaints.

Anonymous said...

Same Anonymous again. Sorry. That last sentence was to be...

I guess it's good to KNOW what level of misinformation is behind FCC complaints.

Anonymous said...

Well, Mr annomous- who exactly are you? I put my name proudly on all my posts but your bigoted rants are all unsiged.


Have the courge of your convictions and identify yourself- are you ashmed to show your face? or would that let us all know more than you want us to? I have a feeling we would all recognise your name from some similar rants from TGI.

Prouly signed by Andy Parx, PNN- the joke- hope you continue laughing when we take back our radio station.

In Business 4 Good Campaign said...

ahhh..anonymous are we? No worries. That energy will shift to it's due course. As far as not knowing what's going on here? That's laughable. I've worked inside, raising money during telethons, I know most of the key folks personally, and yes, NY energetics sometimes get shunned by the 'hide and seek' crowd that sometimes gravitates to Kauai. However, the real issues here are not about personal diatribes. Let's list some of the more basic FCC violations, shall we?

A. FCC rule 101, which goes way back, is that ALL, read that ALL, licensed stations will do an 'on the hour' Call letters announcement' and log it in. That rule, covers all Radio in USA.

B. The seven dirty words, that sunk the likes of Weird Al, Don Imus, etc, are still in place. All one needs to listen to, is some of the avant garde folks, and voila, the Seven dirty words will hit the airwaves, and courtesy of simple digital technology, the FCC review ears.

C. The 'community' on Kauai, is NOT the organic, esoteric, vegetarian crowd, even though you would not know that from hearing what goes on the air. There are a few refreshing origination types, but the programming, such as it is, is mostly what you'd find within the environmental movement. Nice sound, but NOT representative of the community.

D. I have had my name on the volunteer list, no fewer than 20 times in five years. And my personal resume on air, stacks up nicely with anyone on the air. The real issue here? Energetics. I like the folks on the staff, and I'm bemused by the attitude of exclusion practiced actively by the programming, news, etc staffs.

D. I have no interest in what KKCR does on Kauai. The real issue here, is with the extended reach to other islands, KKCR's programming MUST, by it's license, include those communities, as well. How Many folks from the extended listening range are even considered with this formula? How many Sovereignty folks on BI, Oahu, or Maui, are even included with the KKCR 'community standards'.

Simple issue here anonymous(must be related to Mighty mouse, eh?)...KKCR DOES NOT represent the community that is within the reach of it's signal. That's a violation of it's charter, it's license, and some of us, yes, even the Noo Yawkers, can see that as plainly as the nose on your face.

Got another rejoinder, chum?

Patrick Michaels
Who is on Google and other online worlds.

gadfly said...

Ann's a former Playboy Bunny???

I still have my old membership card to the Playboy Club back in the '68-'72 timeframe!

Her book "Truth from the Source":

http://drannwest.com/kahiko/book/

seems to indicate at least 2 viable sources:

http://cgi.benl.ebay.be/KWIK-0968-JANINE-ANDREWS-ANN-WEST-ANN-TURKEL_W0QQitemZ300163879516QQihZ020QQcategoryZ611QQcmdZViewItem#ebayphotohosting

At last...a topic worth research!

Anonymous said...

joan, look what you've started !

In Business 4 Good Campaign said...

FOR IMMEDIATE RELEASE NEWS MEDIA CONTACT:
December 18, 2007 Mary Diamond (202) 418-2388


FCC Adopts Localism Proposals to Ensure Programming is
Responsive to Needs of Local Communities

Washington, DC – The Federal Communications Commission (the “Commission”) today took measures to help ensure that broadcast stations offer programming responsive to the needs and interests of the communities that they are licensed to serve. The Report on Broadcast Localism and Notice of Proposed Rulemaking (the “Report”) adopted today sets forth proposals to increase local programming content and diversity in communities across America. In its review of these issues, the Commission accrued over 83,000 written comments and heard the testimony of 500 panelists offered during the six field hearings on localism conducted throughout the country.

The Report makes tentative conclusions regarding the following proposals, for which it seeks comment:

• Qualified LPTV stations should be granted Class A status, which requires them to provide 3 hours per week of locally-produced programming;
• Licensees should establish permanent advisory boards (including representatives of underserved community segments) in each station community of license with which to consult periodically on community needs and issues; and
• Commission adoption of renewal application processing guidelines that will ensure that all broadcasters provide some locally-oriented programming

The Report also states that the Commission will:

• Better educate members of the public as to the obligations of broadcasters and the Commission’s procedures so that viewers and listeners can become more actively involved in ensuring that stations offer locally oriented programming; and.

• Investigate other ways to assist prospective radio licensees to identify suitable available commercial FM spectrum in the communities in which they wish to broadcast, including authorizing the development of software to do so.

The Report notes that, as temporary trustees of the public’s airwaves, broadcasters are obligated to operate their stations to serve the public interest, including their airing of programming responsive to the needs and issues of their station communities of license. The actions and proposals contained in the Report are intended to ensure that the nations’ broadcasters will meet this responsibility.



Action by the Commission December 18, 2007, by Report and Notice of Proposed Rulemaking (FCC 07-218). Chairman Martin and Commissioner Tate, with Commissioners Copps and Adelstein concurring and dissenting in part, and Commissioner McDowell approving and concurring in part. Separate statements issued by Chairman Martin, Commissioners Copps, Adelstein, Tate, and McDowell.

In Business 4 Good Campaign said...

Just attempted, for second time, to post a note to GM, Gwen of KKCR. Here's the results. Guess I must have typed the email wrong, eh? Or maybe not?

7 Jan 2008 05:09:48 -0000
From: MAILER-DAEMON@yahoo.com Add to Address BookAdd to Address Book Add Mobile Alert
Yahoo! DomainKeys has confirmed that this message was sent by yahoo.com. Learn more
To: pn4pm@yahoo.com
Subject: failure notice


Hi. This is the qmail-send program at yahoo.com.
I'm afraid I wasn't able to deliver your message to the following
addresses.
This is a permanent error; I've given up. Sorry it didn't work out.

gwen@kkcr.org:
72.52.79.177 does not like recipient.
Remote host said: 550 Bad destination mailbox address - No such user at
that domain
Giving up on 72.52.79.177.

Larry said...

I love the part of the error message where it says "does not like recipient".

The 550 error indicates no mailbox at that address, though. It's listed on their website but doesn't exist. Or maybe it just doesn't like you, as it said.

Anonymous said...
This comment has been removed by a blog administrator.
Anonymous said...

Gwen's proper email is gm@kkcr.org - this is the generic general manager email address.

In Business 4 Good Campaign said...

ahem..gotta love free speech, eh Larry(who's got no profile on Blogger)..at any rate, something that appears to be odd with the KKCR.org website, where there are clear connections, through linkages, to DJ's commercial websites. read on, to find out what is going on behind the scenes, yet is in clear view. Guess this is what happens when Pandora's box opens wide, eh?

note sent to KKCR management this evening..

I don't really know what to say here. I simply was wondering if the KKCR folks, could really be that much in the 'not in our land' approach, but this is truly extraordinary.

On this page...the schedule page..
http://www.kkcr.org/schedule.htm

Behind the names of the DJ's are clear links to their personal, commercial sites, where unrelated merchandise, services, etc, are posted. True, these are NOT on the KKCR site(that's a good thing) yet I'm wondering what you were thinking, when the non-commercial educational format for which you are licensed, with an online program/schedule, clearly leads the viewer, and potential listener, to non-affiliated commercial sites.

In the parlance of the Net, that MIGHT be considered an advertisement for those DJ's services.

Now, these are all volunteers, right? So, is this link out part of the unofficial, insiders compensation for their contributions? Hmmmmm..now, that's an interesting approach. Wonder where in the bylaws or licensing provisions, that's allowed.

Also, fortunately, the underwriters, on the main page, are linked to their websites. That appears to be in order, considering that it's part of their underwriters' package.

So, folks, now that your operations have come under the review of the community(of which I consider myself to be one, as the entire world can consider itself, since you are streaming live on the net), I find that these sort of 'alignments' are confusing.

I've cc'd this note to those in the community that are anticipating, perhaps as urgently as I am, your responses.

Patrick

Larry said...

Hear, hear!

When, when?

gadfly said...

I tell ya.

It must be something about people who like to live on really small islands.

A stupid community radio station firing turns into:

Custer's Last Stand
The Battle of the Alamo

We (not of Kauai's rabid mentality) should fence in the whole place and call it another Disneyland theme park.

"Rabid Island"?
"Radical Land"?
"Isolation Land"?
"Looney Bin"?
"The New Island of Dr Moreau"?
"Lord of the Flies, Part II?"

It must be something in your water supply. Get a grip. Join the rest of us.

Bunch of crazies...

In Business 4 Good Campaign said...

gadfly,

Interesting about a small island. Did you know, for instance, that you can fit three Manhattan islands, laid side by side, on the same footprint as Kauai? Sure, there are a few more folks on Manhattan, yet the issues can be the same(I know very few people that see Noo Yawkers, as usual or normal). So, with that, maybe you can feature your new videos, with those compelling titles, on YouTube? And all proceeds from the merchandise can go to underwrite the KKCR crowd?

he..he

gadfly said...

True, but refer to my previous post made against another Musing opining that everyone "loose" rolled first into CA from points east, and then from CA/OR/WA into Hawaii in general and Kauai in particular.

All in all, I'd rather live with Manhattan Islanders than Kauai Islanders if I had to live with either. I'm happy to be a Big Islander surrounded by no people and no radio stations listenable from my location anyway.

Mauibrad said...

gadfly said..."It must be something about people who like to live on really small islands...We should fence in the whole place and call it another Disneyland theme park..."Isolation Land"?... Bunch of crazies"

Well, whatever, gadfly...you won't be riding the Superferry there anytime soon, if ever.

When the Kauai intellectuals get ahold of the radio and TV waves there, better watch out, 'cause they might just start a peaceful revolution in thought and action.

Lead, follow, or get outta the way.

Aloha, Brad

gadfly said...

I'll be riding the HSF in 2009, when the military isn't using it that is.

"Kauai intellectuals" indeed. Bunch of radical wing nuts.

In Business 4 Good Campaign said...

How cool is this. In one day, my name gets into the paper(and guess what?). I have ZERO intention of being on the air in a fourth tier market, like Kauai. Easier to go netcasting, actually. So, with that, here's the latest tidbits.

A. KKCR has two licenses. One for non commercial 900 watts of low power FM. The 2nd one, is a commercial license for 20kW(enough to cover the whole island).

In FCC upgrade parlance, that simply means that Kekahu foundation MIGHT simply drop the non commercial license, and go for the FM slot with that much more power. Good news on this? License for that low power station becomes available, but the line for that license is long, and filled with other 'community' focused groups on Kauai.

B. Kekahu Foudation bylaws on the KKCR site, state that the Foundation, NOT KKCR, is responsible for educational and non commercial cultural delivery. The phrase that the bylaws uses, is Kekahu Foundation MAY use KKCR for this purpose. That's a giant sized loophole.

Bottom line? It's possible, maybe even predictable, that the Kekahu Foundation has a clear intention, unstated, to move from a questionably profitable non commercial approach, to a dynamic FM standard approach. In the real estate game, it's like a parking company using it's downtown real estate holdings to park cars, while the actual ground appreciates and sets asset value.

Wouldn't surprise me in the least.

At any rate, the next step will be revealed on Community focused broadcasting, on or around the 23 January 2008 Community Advisory Board gig at Kapa'a Community Center. In the meantime, let's all take a cleansing breath, and chill, will you?

Patrick Michaels

Anonymous said...

Patrick- As I asked you last night can you post a URL that sates this information on the second liscence?

Andy Parx

charley foster said...

And how about that email to the fcc? Do we get to see that? Please?

In Business 4 Good Campaign said...

Andy, Nice thing about the Net, is that going to www.fcc.gov, and using the interface, will reveal a load. Since our conversation, I found out that Kekahu Foundation has many options on their 20kW license application(not granted yet). They can upgrade the non commercial to 20 kW covering the whole island(no other radio station covers this angle). OR, they can simply sell the license on the open market, for between 1 and 5 million buckaroos.

Now, let's find a way to represent the community, instead of 'Storming the Kekahu Bastille' shall we?

Patrick Michaels

In Business 4 Good Campaign said...

charley. No, sorry, can't do that under non disclosure agreements. Anyone can petition the FCC for review of anyone's license. Give it a try, but I'd recommend you focus on the technology elements, since FCC does not care one whit about programming, unless it violates First Amendment or Seven Dirty Words issues.

Patrick

charley foster said...

I don't understand. You entered an agreement with someone that you would not disclose what you alleged about KKCR in an email to the fcc?

Who would you have made such an agreement with?

And why?

I'm confused. As I've said elsewhere, I know nothing about fcc rules. Is there some requirement when asking the commission to investigate a station that you keep the contents of your request secret?

And why hasen't a nondisclosure agreement prevented you from discussing your accusations against them until now?

In Business 4 Good Campaign said...

Charley, If you wish to discuss this, send me a note privately(inbusiness4good@yahoo.com) with you rphone number, and I'll attempt to explain my situation.

Patrick

9 pm Wednesday

Anonymous said...

Andy the idiot spewed:

Anonymous said...
Well, Mr annomous- who exactly are you? I put my name proudly on all my posts but your bigoted rants are all unsiged."

Is it any wonder considering the vindictive and underhanded way some here try to hassel those that disagee with them? And the only thing bigoted here is you and those who hate whites, newcommers and America.

" I have a feeling we would all recognise your name from some similar rants from TGI."

TGI?

"Prouly signed by Andy Parx, PNN- the joke-"

Well at least you know it.

"hope you continue laughing when we take back our radio station."

That will never happen and we'll see to that... better to not have it at all than to see you and the other professional malcontents be in control. Your hate, revision and vile is on display for all to see.

good going!

I'd wish you Aloha but its obviously you don't know what it means!

Be seeing ya

Anonymous said...

Joan I also find it very interesting that several posts have disappeard from the site... some say they've been removed some have just disappeared entirely. I'm hoping that they have not been removed just because you disagree with their content.

Please educate us on how and why some posts are removed.

Mahalo

Joan said...

Dear Anonymous, please see my response in the 1-14 post, "Slow Down, Pay Attention."

In Business 4 Good Campaign said...

Aloha,

This is my FCC compliance report, intending to support the continued license retention of Kekahu Foundation, vis a vis, the operations of KKCR/KAQA.

On 14 January, 2008, at approximately 1145 am, I entered the lobby of KKCR/KAQA's main studio in Hanalei. I was cordially greeted by Dove Liddle, who I informed that my presence was to review the Public Inspection File. I was referred to Gwen P. Station GM, who graciously and professionally retrieved the PIF.

I sat in the main lobby, and using a checklist(available from FCC site) I proceeded to check on the required documents. Here is my report..

Overall, I'd give KKCR/KAQA a C on this PIF. Some of the material was a bit confusing, such as the list of directors, which had no date references for when they served, even though it appeared to be complete. I'll take their word for it.

The technical aspects were clean, even though the contour maps(which show the actual effective coverage area of their signal, which by the way, defines their community service area), needed to be corroborated with the online FCC versions(due this week).

There were two areas where I wondered to myself, what gives?

One of them was a critical area, called Community Issues, and the other one was emails/correspondence. Both of these had dividers in the notebook, yet there were no items in either of them. Now, I'm certain that all the emails and letters to the staff must be somewhere in the office, or on someone's computer, yet these important documents related to community feedback seemed woefully absent. I'm sending this note, when it's published here, to the GM of the station, so that perhaps that PIF can be updated and made more usuable.

On balance, which is sometimes sorely lacking in this forum(especially from the distance relatives of Mighty Mouse, and Anony Mouse folk here), I'd say that for a non commercial educational volunteer station, KKCR/KAQA is running this part rather smoothly.

If you'd like to actually support KKCR and Kekahu Foundation by participating in this particular exercise, and learn something more about their license, applications, etc, we recommend you go to FCC.gov, and type in the search engine there, Public Inspection File. This will take you to a manual, that's available to all public folks, and then you can actively participate in supporting the technical performance of KKCR/KAQA.

Now, for the other issues, related to programming. Since the PIF does NOT require the station ID logs, nor the on air logs to be reviewed, it's not possible to review the station's compliance with Free Speech issues, nor the SEVEN dirty words issues. That, dear readers, is a subject for another posting.

For Now, in alignment with my original position, to ascertain that KKCR/KAQA is compliant with basic FCC regulations, and operational policies, there appears to be nothing to pursue on this tack.

I am carefully evaluating the nature of the lock out issues, which are still quite SERIOUS, however, in my communications with FCC enforcement personnel, any complaints on that issue, MUST be from the actual participants that were restricted from access, AND the reason for that complaint, MUST include the PIF, and NOT anything to do with on air antics, station volunteer policies or procedures, or even worse, local political issues.

So, with that, I turn to the next chapter in this enterprise. Identifying the community that the signal actually serves(you may see some surprises there, actually) and then a recommendation to the Community Advisory Group, later this month, on how to proceed with a campaign of effective co-programming that serves the greater Kauai community radio station audience.

Here's a hint on this. The community apparently extends from Anahola to Haena, and any residual effects of listenership, including the internet and cable distribution, do not form a basis for community participation.

Read that last one really closely.

Patrick Michaels
Professional Engineer and Long time broadcasting industry participant

charley foster said...

Patrick,

Thanks for that. What do you mean that "the reason for that [lockout]complaint, MUST include the PIF"?

Are you saying about the lock out issue that a lock out such as occurred here is only a violation if the lock out prevented someone from reviewing the PIF?

In Business 4 Good Campaign said...

The Lock out incident MUST be reported by the people involved directly, and their issues about being refused access, would need to be along the lines of FCC violations, NOT programming disputes. Since that is not within my purview, it's not likely that I'd see that would be an issue worth my attention. In the meantime, I've elected to let the Kekahu Foundation explain their issues around the license and their bylaws, to greater minds than mine. I have enough to do without getting involved in an internecine battle. Perhaps, Charley, you would like to do that. Your edginess would be well served with a better understanding of the balance between technical compliance issues, and programming disputes.

Patrick

charley foster said...

I admit it, I'm slow. I understand you are saying that a complaint about the lockout must come from someone who was effected by the lockout.

I don't understand the next part. Can they complain that the lockout itself was an FCC violation? And make their complaint on those grounds? Or would the lockout have to relate to some other FCC violation?

Anonymous said...
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