[Kzyxtalk] Restoration of Safe Harbor at KZYX&Z

[dennisobrien at sharejerusalem.com]

Lorraine and Raoul,

Thank you very much for putting time and energy into implementing KZYX's Programming Policy, including the Program Advisory Committee (PAC).  This letter is a formal request to restore the station's Safe Harbor hours pending a review of the policy by the PAC and, perhaps, the Board of Directors.

In late 2015, just before her retirement, the former Program Director announced the elimination of the "Safe Harbor" for free speech at the station.  "Safe Harbor" is a period from 10:00pm to 6:00am when language that might otherwise be considered profane can be used, in accordance with Federal Communications Commission regulations.  Programmers will now lose their positions if they either use such language themselves, play a recording that uses it, or allow any caller, be they members or the general public, to use such language.

This change has a chilling effect on programmers, members, and the public.  Allegations that programmers have allowed profanity on their shows have been used to remove programmers whose shows encouraged dialogue with the members and the community.  There are a lot of recordings - music, comedy, commentary - in which one of the "seven words" can be found.  Our programmers have been able to play them freely during Safe Harbor, and our listeners have benefited.  That has all been changed.

A few days ago I was listening around 10:30pm when the song "Big Old Jet Airliner" by Steve Miller came on.  There is a line about "funky shit going down in the city."  The programmer had to turn the volume down and up at that point.  I just sighed in disappointment.  If even a top 40 song has to be bleeped, how are we ever going to hear recordings that are even less restrained in their expression?  The late-night programmers will have to shelve half their material.  Will we never again hear George Carlin's magnificent commentary?

I do not believe that the Program Director has the authority to eliminate the Safe Harbor hours.  This is not just a day-to-day administrative function.  Nor is it the hiring or firing of a programmer, or even the selection of a genre or type of programming.  This is the elimination of free speech during one-third of the hours of operation.  That is a policy decision that cannot be made by any one person.  It requires extensive discussion and feedback from the members and the public.  This might be accomplished by the PAC, but any decision to eliminate the Safe Harbor would need to be confirmed by the Board of Directors, as it is a policy decision, perhaps more than any other decision that a public community radio station can make.  Indeed, it is so important that it should be put to the members for a vote before our Safe Harbor for free speech is taken away from us.

Some will question that approval by the members is necessary.  But I don't think anyone can question that the former Program Director acted arbitrarily and capriciously, placing her own morality and personal preferences above any group process, excluding the public, the members and even the programmers from the decision while creating an atmosphere of oppression that has diminished creativity and promoted self-censorship.  That is not the mission of public community radio in Mendocino County.  That is how totalitarian regimes operate.  KZYX is a steward of the airwaves, not a dictator.

Please immediately restore the Safe Harbor pending a review of the policy by the PAC and perhaps others.  You have the authority to do so.  It is in the best interests of the station and the community, rather than an projection of one persons restrictive morality.

Because this is a policy matter of great importance to the members and the community, I am copying this request to the KZYXTalk email listserve and other media.

Thank you very much for your time and attention, and for your efforts to improve the governance at KZYX.  Please have faith in the members, the public, and our diversity of expression.  If pubic radio in Mendocino County will not allow freedom of speech, then who will?

Sincerely,

Dennis O'Brien
Member