[Kzyxtalk] Kzyxtalk Digest, Vol 28, Issue 14

Mon May 9 18:31:59 PDT 2016

Thank you, Raoul, for the time and energy you are putting into the programming at KZYX.  It's good to have a new set of ears at the console.
With the greatest respect for your efforts and your position, I must point out that the statement "The evaluation of the station's Safe Harbor policy IS a priority for me going forward . . . I'm on both issues!" is not the proper response to a complaint that the Program Director does not have the authority to end Safe Harbor.  The proper response is: "We have restored Safe Harbor pending a review within our established processes and consultation with the community."
Waiting for a new evaluation, and the re-formation of a committee that has been dormant for years, is inadequate.  Free speech delayed is free speech denied.
Again, I applaud your efforts to do what your predecessor ignored.  But I cannot extend the deadline for taking action.  Restoring Safe Harbor can happen tomorrow.  Indeed, it could happen tonight.  If anyone is keeping you from doing so, please pass this along.

Dennis

       From: Raoul van Hall <pd at kzyx.org>
 To: nsi at mcn.org; dennisobrien at sharejerusalem.com; kzyxtalk at lists.mcn.org 
Cc: gm at kzyx.org; 'MCPB Board' <BOD at kzyx.org>; board at kzyx.org
 Sent: Monday, May 9, 2016 5:30 PM
 Subject: RE: [Kzyxtalk] Kzyxtalk Digest, Vol 28, Issue 14

Hello,

The evaluation of the station's Safe Harbor policy IS a priority for
me going forward.    As is the reinstatement of the Programming
Advisory Council.

Just so you know...I'm on both issues!

    Raoul

Program Director
KZYX & Z
Mendocino County Public Broadcasting
PO Box 1
Philo, CA  95466
(707) 895-2324
www.kzyx.org
-----Original Message-----
From: nsi at mcn.org [mailto:nsi at mcn.org] 
Sent: Monday, May 09, 2016 4:15 PM
To: dennisobrien at sharejerusalem.com; kzyxtalk at lists.mcn.org
Cc: gm at kzyx.org; MCPB Board; board at kzyx.org; pd at kzyx.org
Subject: Re: [Kzyxtalk] Kzyxtalk Digest, Vol 28, Issue 14

Thank you Dennis for making that effort. --beth bosk

On Mon, 9 May 2016 20:33:43 +0000 (UTC),
<dennisobrien at sharejerusalem.com>
wrote:
> Thank you all for the suggestions re Safe Harbor and Prior
Restraint.
> 
> I have given the Board of Directors of MCPB/KZYX until June 8 to
initiate
> changes to the bylaws that will revoke the recent selection of a
> Programmer-Director and restore the right of the Members to elect
all
> Directors.  If the Safe Harbor is not also restored by then, I will
add
it
> to the Petition for Writ of Mandate that I will file in Superior
Court
in
> support of Members' rights.  The statutes and related cases are so
> supportive that it is worth the effort.  If nothing else, the prior
PD
did
> not follow our Programming Policy, which requires consultation
before
any
> such action.
> 
> I will note here that the current GM and PD could on their own
authority
> restore the Safe Harbor immediately, as it is the revocation of of
a
> decision improperly made by the prior PD.  I have already requested
that
> they restore the status quo pending review, which is very common
when an
> action has not been properly taken.
> 
> Thanks also for the suggestions of researching CPB regulations.  It
> appears that the prior PD stood the regs on their head by using
them to
> stifle the discussion of local issues rather than encouraging it.
It is
> only when candidates are involved in a contested election that we
need
to
> be careful about how much time we give to any one of them.
Otherwise
there
> are no limits on how much we can explore issues and encourage
discussion.
> 
> When I shared this with an out-of-area friend, she was astounded:
"How
can
> this happen in Mendocino County?"  We have a reputation far and
wide for
> being a leader in political discourse.  Our public community radio
station
> should reflect those values.
> 
> Dennis
> 
> --------------------------------------------
> On Mon, 5/9/16, kzyxtalk-request at lists.mcn.org
> <kzyxtalk-request at lists.mcn.org> wrote:
> 
>  Subject: Kzyxtalk Digest, Vol 28, Issue 14
>  To: kzyxtalk at lists.mcn.org
>  Date: Monday, May 9, 2016, 12:00 PM
>  
>  Send Kzyxtalk mailing list
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>  
>  Today's Topics:
>  
>     1.  Restoration of Safe Harbor at
>  KZYX&Z (Scott Peterson)
>  
>  
>
---------------------------------------------------------------------
-
>  
>  Message: 1
>  Date: Mon, 9 May 2016 19:00:01 +0000
>  From: Scott Peterson <scottmartinpeterson at hotmail.com>
>  Subject: [Kzyxtalk]  Restoration of Safe Harbor at
>  KZYX&Z
>  To: "kzyxtalk at lists.mcn.org"
>  <kzyxtalk at lists.mcn.org>
>  Message-ID: <COL126-W4185DDD5739E8C08183D58B9700 at phx.gbl>
>  Content-Type: text/plain; charset="iso-8859-1"
>  
>  check this out:
>  
>  http://media.kzyx.org/mp3/KZYX%20License%20Renewal%20Granted.pdf
>  
>  it's the FCC's final decision over the license challenge ..
>  look at the last addressee .. 
>  
>  it's Garvey Schubert Barer .. a pricey law firm in
>  Washington, DC .. 
>  
>  http://www.gsblaw.com/offices/washington_dc/
>  
>  which is undoubtedly the destination of the $29,164 in legal
>  fees paid in 2014 .. and possibly 
>  
>  more in 2015 .. 
>  
>  if CPB ever decides to review MCPB's sketchy practices, it
>  won't get the chance to hire GSB again .. 
>  
>  too bad .. they seem like such nice people ;>) .. 
>  
>  
>  - - - - - - - - - - - 
>  
>  I also feel like, while the BoD of MCPB may choose to
>  operate like 
>  a privately owned entity, the CPB is a "state actor" and
>  this notion 
>  of "prior restraint" may effect, at least, the station's
>  ability to 
>  use that grant. 
>  
>  Doug
>  
>  Sent from my iPhone    
>          
>            
>    
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