[Congressional Record (Bound Edition), Volume 147 (2001), Part 3]
[House]
[Page 3299]
[From the U.S. Government Publishing Office, www.gpo.gov]



           RADIO FREE SPEECH IS BEING DENIED IN NEW YORK CITY

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from New York (Mr. Owens) is recognized for 5 minutes.
  Mr. OWENS. Mr. Speaker, tyrants in control of totalitarian countries 
like China, Serbia and Iraq consider control of the airwaves an 
absolute necessity. They ruthlessly enforce censorship of a kind few of 
us can imagine in America.
  Last Monday, however, I had the weird and frightening experience of 
being gagged by a radio station manager in my own home City of New 
York. It started with a routine request that I call in for a phone 
interview on a show hosted on Radio Station WBAI by Ken Nash which 
focuses on union and labor news and features.
  The name of the show which commences at 2 p.m. was Building Bridges. 
As the ranking member on the Subcommittee on Workforce Protections, I 
welcome the chance to appear on shows related to working families or 
unions.
  It is important to note that Radio Station WBAI is a nonprofit 
station. It runs primarily on contributions solicited from its mass of 
diverse listeners. Since last December, this station has experienced 
considerable turmoil internally and long-term producers and hosts have 
been fired or locked out of the station.
  Like many New Yorkers, I am concerned about the present and future of 
this vital outlet for free speech on the radio. Without knowing all of 
the specific tensions and confrontations within the station, I have 
indicated my interests in working towards the resolution of the 
problems hampering the continuation of the unique and robust 
programming of WBAI.
  It is important to note that I am presently seeking ways to get more 
avenues opened for radio free speech in my city in general.
  Five low-powered Haitian stations have been shut down. The survival 
of WBAI is vital for the entire movement seeking more access to the 
airwaves. The bully monopolies of commercial radio provide the 
continuing roadblocks to these stations. My knowledge of the reputation 
of certain recent appointments to the board of Pacifica Network, which 
is the parent nonprofit institution responsible for WBAI, leads me to 
conclude that there is a clear and immediate danger that attempts will 
be made to sell WBAI to a commercial owner. Such a sale would mean the 
loss of a vital voice for working families in New York City.
  My beliefs and point of view are considered heresy by Station Manager 
Utrice Leid. Without explanation or apology, she shut down the 
microphones and proclaimed that she had to intervene because it was her 
job to allow only the truth over the airwaves.
  The following is a summary of the statement I would have made had I 
not been censored and shut off:
  The situation at WBAI has implications far beyond this one station. 
Freedom of speech over the airwaves via radio, broadcast television and 
cable television is presently quite limited for the majority of 
Americans, and they are not aware of this. We have a problem of great 
magnitude that is not being appropriately addressed. The WBAI 
arrangement and structure offered one model to be emulated. As a 
listener supported station with a very diverse set of programs, 
procedures and guests, WBAI represents the optimum use of radio in the 
service of ordinary people.
  When I attended the memorial service of the late Samori Marksman, who 
is a former WBAI station manager, last year in the great hall of St. 
John's Cathedral, I saw at that funeral a more diverse assembly than I 
have seen anywhere in New York City. Folks from all races, religions, 
income levels, and political persuasions were there. There were 
intellectual snobs who support programs broadcasting esoteric operas 
mingling with radical, grassroots political activists. Indeed, as a 
politician, one immediate reaction I experienced as I contemplated all 
of the diversity and the solidarity was at that funeral I felt that 
some of the powerful people in powerful places would see WBAI as a 
threat and seek to destroy it.
  Mr. Speaker, WBAI represents radio freedom of speech that does not 
make profit for anyone. There are those who see profits being made via 
WBAI and other Pacifica stations. There are others in powerful stations 
who feel that only commercial stations should exist; or if there are 
public stations, they should be indirectly controlled by corporate 
grants and benign corporate advertisements.
  Some of the persons who have recently been appointed to the Pacifica 
Board represent such powerful commercial interests and, in my opinion, 
WBAI is an endangered station as long as such business predators are on 
the Pacifica Board. Persons far removed from the original ideals and 
philosophy of the founders of the Pacifica chain are not likely to 
promote the original intent of this very well conceived system.
  The basic question which must be tested as soon as possible in the 
courts is who owns a nonprofit entity? Who has a right to sell a 
nonprofit radio station? Does the original charter or licensing by the 
FCC permit any group of trustees or directors to treat Pacifica and 
WBAI as if they were commercial entities?
  While the Pacifica turmoil is raging, I strongly urge WBAI to seek to 
preserve its freedom by exploring the necessary steps to become 
independent of Pacifica. As a nonprofit entity, WBAI should use the 
university structure as a model. It should elect the board of trustees 
through a voting process utilizing its contributors and supporters as 
the voters. The trustees should be responsible for basic business 
operations while the producers and staff should be given a role similar 
to the faculty of a university. Basic freedom similar to academic 
freedom and tenure should be conferred upon the longstanding producers 
and long-term paid and unpaid staff participants.
  We want to preserve WBAI in New York City.

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