Workers Independent News: 2001-2017

It was a crisp but comfortable fall day in 2000 when I was invited to the University of Wisconsin-Madison’s Memorial Union Terrace for a beer-summit about an interesting project-proposal. I was preparing to leave my career in commercial radio journalism out of disgust with the industry’s post-Telecom Act trajectory and had applied to the UW to start a master’s program in hopes of learning more about what had gone wrong with my chosen vocation, so the timing of this meeting was fortuitous.
It was the brainchild of then-UW School for Workers professor Frank Emspak: drawing on decades of experience in the labor movement and as an activist more broadly, Frank was worried that the voices of working people were being squeezed out of our media conversations, especially as business news increasingly focused on corporate executives and stock-prices, and our media outlets themselves were increasingly subject to the whims of finance capital. What if there were a news outlet run by workers, for workers, that put what passed for “business news” in the proper economic context?
A couple pitchers later, the four of us around that Terrace table had sketched out the framework for what would become Workers Independent News: the first national, labor-centric radio news program to be launched in the United States in several decades. We produced daily newscasts, feature stories, and other content from a DIY newsroom/studio in Madison and utilized our website for distribution — in effect launching a podcast long before podcasts became cool. Dry-runs of the production process began in late 2000, and WIN was officially launched in early 2001. Continue reading “Workers Independent News: 2001-2017”

Ajit Pai: Silence is Consent to the Trump Agenda

The descent into authoritarianism continues apace in the United States, where Donald Trump went on a tirade against NBC News last week for publishing stories about him that he doesn’t like. Repeatedly, Trump suggested that NBC have its broadcast licenses revoked for all the “fake news” that it publishes.
Leaving aside the fact that television networks are not licensed by the Federal Communications Commission (broadcast licenses are awarded to individual radio and TV stations) and thus Trump (again) doesn’t know what he’s talking about, such vitriol from the nation’s chief executive should alarm any American who has actually read the U.S. Constitution. No surprise, then, that several members of Congress and many others have called out Trump for his attack on the First Amendment, and there’s even a case to be made that Trump’s ignorant threats already run afoul of it.
Over at the FCC, both Democratic Commissioners haven’t remained silent in the face of this bluster. Mignon Clyburn low-key responded in tweet-form, commenting that the only way TV stations might see their licenses revoked at Trump’s behest is if “we fail to abide by the First Amendment.” It bears noting that Clyburn may be mulling a run for elected office, so she’s obviously playing this close to the vest.
Meanwhile, Commissioner Jessica Rosenworcel, who was just reappointed to the FCC for another term after a short hiatus, has been much more forceful. Not only has she castigated Trump on social media, but she’s also gone on CNN and told media reporter Brian Stelter that “History won’t be kind to silence. I think it’s important for all the Commissioners to make clear that they support the First Amendment, and that the agency will not revoke a broadcast license simply because the president is dissatisfied with the licensee’s coverage.” Continue reading “Ajit Pai: Silence is Consent to the Trump Agenda”

Ajit Pai's Forked Tongue on Media Freedom

His boss has repeatedly asserted that journalists are the “enemy of the people,” but when FCC Chairman Ajit Pai was asked directly at a Senate hearing earlier this month whether he agreed, he skillfully talked around it. Claiming reluctance to “wade into the larger political debates,” Pai commented that he believed “that every American enjoys the First Amendment protections guaranteed by the Constitution.”
After the hearing, 13 Senate Democrats sent Pai a letter asking for more detail on his commitment to press freedom, and his response was perfunctory – though he did assert that he thought Trump was talking about “fake news” being the enemy, not legitimate journalism.
Unfortuantely, Pai’s past actions as a lowly Commissioner completely contradict these claims. There are two cases that make this plain. Continue reading “Ajit Pai's Forked Tongue on Media Freedom”

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. Continue reading “FCC to WIN: You're Not News, Get Over It”

"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. Continue reading “"The Documents Are Not Available"”

FOIA Request Completed by Spring 2015?

I got a voicemail out of the blue from the lead FCC attorney working on my Freedom of Information Act request into how the agency makes judgments on journalism. Hard to know what precipitated it, but it came a week to the day after the FCC dinged a Las Vegas TV station six figures for actively constructing fake news reports on car dealership closeout sales. Continue reading “FOIA Request Completed by Spring 2015?”

FCC FOIA Request in Official Limbo

It’s been nearly three months since I last heard from the Federal Communications Commission about the agency’s determinations on the journalistic legitimacy of a news organization I founded more than a decade ago.
For those just tuning in: earlier this year, the FCC fined a Chicago radio station more than $40,000 for airing newscasts produced by Workers Independent News. The FCC, in historically unprecedented fashion, categorized WIN as something other than journalism and admonished the offending station for deceiving its listeners.
I filed a FOIA request to get a sense of just how the FCC came to this determination, and what the implications of its decision might be on other independent media outlets seeking public access to the airwaves. The FCC, to put it mildly, has been less than helpful. Continue reading “FCC FOIA Request in Official Limbo”

FCC to Workers Independent News: Drop Dead

The first official response from the Federal Communications Commission regarding its troubling foray into defining what journalism is has arrived.
In a May 2 letter to Congressman Mark Pocan (D-WI), Karen Onyeije, the Chief of Staff of the FCC’s Enforcement Bureau, says the agency will not reconsider its determination that Workers Independent News is not news. Continue reading “FCC to Workers Independent News: Drop Dead”

Hanging Out With Radio Survivor

Last week I had the honor of being Radio Survivor‘s inaugural guest on their first Google Hangout. Radio Survivor’s Paul Riismandel and I have known each other for more than a decade; I was a frequent guest on his Mediageek radio show, so in many respects for me it was like traveling back in time to simpler days.

That said, our 90-minute conversation went deep into two major projects: my ongoing tribulations with the Federal Communications Commission regarding its crazy foray into defining journalism, and my new book, Radio’s Digital Dilemma. Continue reading “Hanging Out With Radio Survivor”

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. Continue reading “Workers Independent News v. FCC: The FOIA Dance”