WJBE radio, a cultural touch point for Black listeners, fights FCC move to strip license

The future of WJBE as Knoxville's only Black-owned radio station is in jeopardy as the Federal Communications Commission plans to examine whether owner Joe Armstrong's license should be revoked.

The FCC asserts Armstrong, a former state representative, potentially violated its ownership rules because he was convicted in 2016 for filing a false income tax return and failed to disclose the conviction in two separate applications to renew the license.

The station, owned in the 1960s and '70s by James Brown, the "Godfather of Soul," has been a cultural touchpoint for Black radio listeners in East Tennessee for generations.

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In an exclusive interview with Knox News, Armstrong said he was shocked to receive a notice from the FCC in March despite not having had any prior complaints or infractions from the government agency, listeners or advertisers in a decade.

"We've got an impeccable record at this station. How long does a person have to bear the cross? I've paid my debt to society," Armstrong said. "To come back and question my ability to run this station is a knee-jerk reaction on their part. This is bigger than me."

Armstrong, who takes no salary from the radio station, said his commitment is rooted in his desire to give back to the community.

He took ownership of the station in 2012, and was convicted in 2016 of one felony count of fraud and false statements for filing a false federal income tax return in 2008.

Prosecutors said Armstrong conspired with his accountant to hide the profit from a cigarette tax stamp hike that Armstrong helped pass when he served in the Tennessee General Assembly from 1988 to 2016.

He was sentenced to three years probation, six months of house arrest, 300 hours of community service, fined $40,000 and ordered to pay about $100,000 in restitution. He retired from the state House of Representatives after the conviction.

The FCC filings say the station owner, known as Arm & Rage LLC Hip Hop/R&B “Jammin 99.7” 1040 WJBE, was required to notify the commission of his conviction by April 1, 2017, but did not do so until April 14. In its 2020 license renewal application, the company submitted the same document to the FCC.

The FCC, which regulates broadcast licenses nationwide, also says the company did not upload its biennial ownership reports or programs lists as required.

“The felony of which Armstrong was convicted – fraud and false statements – is centered upon criminally dishonest conduct. Armstrong directed that dishonesty at a federal agency by making false statements on a federal tax form," the FCC wrote.

The commission also took issue with the company's failure to report its profits, a requirement that factors into figuring tax liability.

"In light of Armstrong’s past willingness to conceal information from another federal agency in violation of the law, we are unable to conclude on the record before us that Armstrong’s criminal convictions are not disqualifying,' the FCC said.

The FCC says Armstrong potentially has violated its "character qualifications" and will hold a hearing to decide whether to revoke WJBE's broadcast license.

Armstrong plans to fight the FCC, and is is represented by the national Institute for Justice, whose self-described mission is "to end widespread abuses of government power."

Andrew Ward, an Institute for Justice attorney, told Knox News that Armstong has paid his debt to society and proven his ability to run the station.

"This conviction has nothing to do with the station and we believe it is an injustice to use this against him," Ward said. "He continues to provide a valuable service running WJBE, which is important to the community of Knoxville.

"He served his probation successfully, paid his fines, and had his civil rights restored. He has done everything the criminal justice system has asked him to do."

Ward said the FCC's actions are just one of many examples across the country of government using prior convictions to prevent people from living successful lives.

"There are tens of thousands of laws which hold people hostage to their past," Ward said. "Some make sense, but there are so many others that prevent rehabilitation and get in the way of people getting back on their feet and earning an honest living. Taking away something someone has built for this community doesn't help people in Knoxville.

The FCC is likely to make a decision about WJBE's license in the spring. Ward told Knox News that Armstrong will appeal in federal court if necessary.

WJBE legacy pivotal to Knoxville's Black community

Black community members rely on WJBE as a community outlet in addition to the hip hop, R&B, jazz and soul music listeners are used to. It also serves as an advertising outlet and an economic engine for Black businesses in the city, serving as a voice for Knoxville's Five Points neighborhood. It's also a place where many local artists make their debut.

In 1968, legendary artist James Brown bought the station, naming it WJBE, short for James Brown Enterprises.

While enrolled at the University of Tennessee in the late 1970s, Armstrong worked as a salesman for WJBE before Brown sold the station.

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Armstrong acquired the station in 2012 after noticing a need for Black radio in the community.

"I worked my way through college selling radio advertisements. That was my introduction to this business," Armstrong told Knox News.

"Back then this station was giving artists who had been blackballed during the civil rights movement a chance to have their music played on the radio.

"We were the only one who played James Brown's 'I'm Black and I'm Proud.' I just want to see this station survive even if I'm out of the picture. This station brought our heritage back to this city."

Angela Dennis covers issues at the intersection of race and equity through both contemporary and historical lenses.
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This article originally appeared on Knoxville News Sentinel: FCC seeks to strip license of Knoxville's Black-owned WJBE Radio