Public Private Partnerships
December 5, 2020 12:22 PM Subscribe
The frequencies of many public radio stations have been purchased over the years by religious broadcasters; Bible Broadcasting Corporation comes first to mind. I want to understand how these sales happen?
Many public radio stations are run by public colleges and universities. Don't they have to agree to sell to religious broadcasters? And then, doesn't that put religious, tax-exempt broadcasting corporations in a business arrangement with state legislatures in the sale of that radio station's frequency? To me, it sounds like there's lots of opportunities for church/state complications.
And if they don't buy them outright, have such organizations every offered a quid pro quo to legislatures, as in we'll support your social initiative legislation if you (or you let us) compel a Board of Regents to sell a station's frequency in exchange for campus improvements or more academics?
So many of these sales have happened over the years, I'm wondering what the variations have or might look like. So if it has happened, where has it happened and how have they worked?
Many public radio stations are run by public colleges and universities. Don't they have to agree to sell to religious broadcasters? And then, doesn't that put religious, tax-exempt broadcasting corporations in a business arrangement with state legislatures in the sale of that radio station's frequency? To me, it sounds like there's lots of opportunities for church/state complications.
And if they don't buy them outright, have such organizations every offered a quid pro quo to legislatures, as in we'll support your social initiative legislation if you (or you let us) compel a Board of Regents to sell a station's frequency in exchange for campus improvements or more academics?
So many of these sales have happened over the years, I'm wondering what the variations have or might look like. So if it has happened, where has it happened and how have they worked?
I think you are overestimating the degree to which colleges and universities always want to keep operating public radio (or TV) stations. Religious broadcasters often have deep pockets and waving a big check in a college president’s face is is often all you need to do, especially when state funding keeps shrinking. I speak, sadly, from personal experience, having worked at 2 non commercial stations (albeit some time ago) that were happily let go by the institutions’ administration.
posted by DiscourseMarker at 3:14 PM on December 5, 2020 [1 favorite]
posted by DiscourseMarker at 3:14 PM on December 5, 2020 [1 favorite]
https://splc.org/2014/11/muting-the-airwaves-as-colleges-sell-off-their-radio-stations-student-deejays-grapple-with-their-ide/
Here's a little bit of details about college radio station sales; I don't know how many have been sold to religious broadcasting, but it's an avenue for more research. Most of the sales seem legally ok, ethnically dubious at best, speaking as someone who's local college radio station got absorbed into a conglomerate who's operating mission was, "to bring more diversity to the airwaves" by Borg-ing everything
posted by Jacen at 6:37 PM on December 5, 2020 [1 favorite]
Here's a little bit of details about college radio station sales; I don't know how many have been sold to religious broadcasting, but it's an avenue for more research. Most of the sales seem legally ok, ethnically dubious at best, speaking as someone who's local college radio station got absorbed into a conglomerate who's operating mission was, "to bring more diversity to the airwaves" by Borg-ing everything
posted by Jacen at 6:37 PM on December 5, 2020 [1 favorite]
Not A Lawyer; Have been executive staff on a private-university-owned FM noncommercial radio station - albeit some 30 years ago.
doesn't that put religious, tax-exempt broadcasting corporations in a business arrangement with state legislatures in the sale of that radio station's frequency? To me, it sounds like there's lots of opportunities for church/state complications.
As per China Grover's answer, the church/state separation clause is AFAIK not a hard moratorium on any and all business dealings between religious organizations and publicly funded organizations - for example, schools and churches can rent, lease or buy space and property to and from each other. So, opportunity for complications? Maybe. Has there been some kind of definitive court case and ruling on whether this sale of an FM radio license violates the Establishment Clause or legal rulings based on that clause? Not so far as I can tell. Until and unless that happens these sales will probably be considered legal.
Many public radio stations are run by public colleges and universities.
These are created by noncommercial educational licenses issued by the FCC (Federal Communications Commission). The FCC has designated certain frequency bands of the airwaves for these kind of stations, and AFAIK if you want to sell that non-commercial license it has to be to another non-profit entity.
So religious groups are going to be one of the main kinds of organizations able to buy that license in the first place. And one of the even fewer with the funds to make a high offer.
The FCC has say in whether this kind of sale goes through. So, a conservative head of the FCC & conservative FCC board members aren't likely to object.
organizations every offered a quid pro quo to legislatures, as in we'll support your social initiative legislation if you (or you let us) compel a Board of Regents to sell a station's frequency in exchange for campus improvements or more academics?
Simpler answer - it's not really the legislature that acts, except indirectly, by deciding how much money gets allotted to the public university system every year. So there really doesn't need to be a direct quid pro quo (although some kind of arrangement with the individual school's board may be more likely.)
I'm sure it depends on the state, but in Ohio, for example, the public university system is overseen by a state-cabinet-level Board of Regents appointed by the Governor & confirmed by the Senate, and each public school is overseen by a Board of Trustees also appointed by the Governor & confirmed by the state Senate.
A conservative governor with a conservative-majority senate installs conservative board members at the state level and at each school. When budget time comes around and the legislature reduces funding for public universities, these conservative folks on the boards are more than willing to sell that stupid radio license (which likely has a bunch of meddling kids complaining about the school and being sarcastic and playing that horrible crap they call music and getting fined by the FCC for swearing) to those nice Christian folks for a bunch of money.
Budget shortfall solved! And it's just "good business" & "good culture", there doesn't have to be a direct quid pro quo.
Which is another thing that probably varies by state and by school - how much leeway each distinct school has in running their own affairs. Selling a station probably has to be approved by a school's board - are they going to just rubber-stamp what the school's executives decide? Maybe. Even if they don't, is the state-level board going to just rubber-stamp what the school's board has agreed to? Again, maybe.
IOW, they happen because there are systemic norms and understandings and approaches to governing that make these deals legal and unobjectionable in the eyes of the people making the deal.
posted by soundguy99 at 7:23 PM on December 5, 2020 [1 favorite]
doesn't that put religious, tax-exempt broadcasting corporations in a business arrangement with state legislatures in the sale of that radio station's frequency? To me, it sounds like there's lots of opportunities for church/state complications.
As per China Grover's answer, the church/state separation clause is AFAIK not a hard moratorium on any and all business dealings between religious organizations and publicly funded organizations - for example, schools and churches can rent, lease or buy space and property to and from each other. So, opportunity for complications? Maybe. Has there been some kind of definitive court case and ruling on whether this sale of an FM radio license violates the Establishment Clause or legal rulings based on that clause? Not so far as I can tell. Until and unless that happens these sales will probably be considered legal.
Many public radio stations are run by public colleges and universities.
These are created by noncommercial educational licenses issued by the FCC (Federal Communications Commission). The FCC has designated certain frequency bands of the airwaves for these kind of stations, and AFAIK if you want to sell that non-commercial license it has to be to another non-profit entity.
So religious groups are going to be one of the main kinds of organizations able to buy that license in the first place. And one of the even fewer with the funds to make a high offer.
The FCC has say in whether this kind of sale goes through. So, a conservative head of the FCC & conservative FCC board members aren't likely to object.
organizations every offered a quid pro quo to legislatures, as in we'll support your social initiative legislation if you (or you let us) compel a Board of Regents to sell a station's frequency in exchange for campus improvements or more academics?
Simpler answer - it's not really the legislature that acts, except indirectly, by deciding how much money gets allotted to the public university system every year. So there really doesn't need to be a direct quid pro quo (although some kind of arrangement with the individual school's board may be more likely.)
I'm sure it depends on the state, but in Ohio, for example, the public university system is overseen by a state-cabinet-level Board of Regents appointed by the Governor & confirmed by the Senate, and each public school is overseen by a Board of Trustees also appointed by the Governor & confirmed by the state Senate.
A conservative governor with a conservative-majority senate installs conservative board members at the state level and at each school. When budget time comes around and the legislature reduces funding for public universities, these conservative folks on the boards are more than willing to sell that stupid radio license (which likely has a bunch of meddling kids complaining about the school and being sarcastic and playing that horrible crap they call music and getting fined by the FCC for swearing) to those nice Christian folks for a bunch of money.
Budget shortfall solved! And it's just "good business" & "good culture", there doesn't have to be a direct quid pro quo.
Which is another thing that probably varies by state and by school - how much leeway each distinct school has in running their own affairs. Selling a station probably has to be approved by a school's board - are they going to just rubber-stamp what the school's executives decide? Maybe. Even if they don't, is the state-level board going to just rubber-stamp what the school's board has agreed to? Again, maybe.
IOW, they happen because there are systemic norms and understandings and approaches to governing that make these deals legal and unobjectionable in the eyes of the people making the deal.
posted by soundguy99 at 7:23 PM on December 5, 2020 [1 favorite]
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From a "church/state complication" as you put it, so long as the government doesn't discriminate against a particular religion, or advocate for a particular religion, it is permitted. (It's actually very complicated, but that is the 35,000 foot view, and I am not a first amendment lawyer.) So leasing the airwaves to the Bible Broadcasting Corporation or whomever is permitted.
posted by China Grover at 2:43 PM on December 5, 2020 [2 favorites]