FCC dismisses Marion radio station WWGH's license renewal application
The Federal Communications Commission (FCC) has dismissed a Marion County radio station's license renewal application.
Administrative Law Judge Jane Hinckley Halprin on Aug. 16 issued an order of dismissal stating that she had "dismissed with prejudice" WWGH-LP's application for renewal of its license. The Marion Education Exchange (MEE) is the non-profit entity which serves as the licensee for WWGH-LP.
In the order of dismissal, Judge Hinckley Halprin outlined the issues the FCC had with MEE, including what the judge termed as the failure of MEE officials to "fully participate" in the hearing regarding the station's license. The ruling also stated that Judge Hinckley Halprin had ordered MEE to obtain legal counsel to represent it during the hearing, but MEE did not do so.
"... all FCC licensees, regardless of service, have a duty to know and adhere to applicable rules, respond promptly and completely to Commission inquiries, and comply with Commission orders," Judge Hinckley Halprin wrote in her order released Aug. 16, 2022. "In the infrequent instance where an application is designated for evidentiary hearing, the rules become more formalized, involving the taking of witness testimony, the introduction of evidence, and the submission of formal pleadings.
"MEE’s representatives have consistently evidenced an inability or unwillingness to familiarize themselves with Commission rules and procedures in a way that would allow this case to move forward," the judge wrote. "When a licensee that bears the burden of proof does not fully participate in a hearing, it forfeits its opportunity to show that grant of its application is in the public interest. The Presiding Judge therefore has no choice at this point but to dismiss this hearing proceeding due to MEE’s failure to prosecute its application."
WWGH Program Director Scott Spears issued a statement to the Star on behalf of the Marion Education Exchange that outlined the organization's response to the judge's order.
"We knew that this was coming. We did not have hundreds of thousands of dollars as we were quoted by several attorneys to take on this case as a 100 watt LPFM," the MEE statement reads. "If we had, we would have (won) the case because the equations have never been true. Although people keep printing them. Also they keep saying our license was taken; it was not. The hearing was dismissed that's all. Our license is still active, we have not been ordered off the air; we are doing this voluntarily because we feel digital is the way to go.
"This to us feels like the best thing that could happen. For many years, because of FCC rules regarding LPFM stations, we have had to do advertising in a no call to action format, we have not been able to syndicate, and we have not been able to shake the bounds of one county."
Spears previously told the Star that MEE officials had planned to continue streaming content live via the station's website (wwgh1071.com) and the TuneIn radio app should the FCC not renew the license to operate as an over-the-air broadcast station. He stated that the station will also broadcast programming via Facebook and YouTube.
Spears said the online version of the station will now be known as WGH TALK.
"Our records indicate we have more listeners on TuneIn, YouTube, the website, and Facebook than over the air in the last few years, so we hope everyone follows and more people join us. We are Marion's town hall," Spears said.
Email: ecarter@gannett.com | Twitter: @AndrewACCarter
This article originally appeared on Marion Star: FCC dismisses Marion radio station WWGH's license renewal application
