KBOO lies to FCC about board turnover
Apr 3, 2014 22:42:27 GMT -8
Post by Un Minuto on Apr 3, 2014 22:42:27 GMT -8
The FCC has apparently allowed the KBOO board to get away with the claim that 7 people were elected to the board at the last elections. The current board is both covering up the mass resignations and new appointments last year, and also asking the FCC for forbearance for a violation of FCC regulations: a greater than 50% board turnover.
First: the FCC regulations.
"A major change in ownership is any change where the original party or parties to the application do not retain more than 50 percent ownership interest in the application as originally filed."
www.hallikainen.com/FccRules/2014/73/3573/
Three statements contained in a FCC ruling:
1. "Pursuant to Section 73.3573 of the Rules, a 50 percent change in the governing board of an NCE applicant is generally considered a "major change" not permissible outside a filing window."
2. "A greater than 50 percent change in its governing board ("Board"),...is generally considered a "major change" prohibited by Section 73.3573 of the Commission's Rules
("Rules")."
3. The FCC waives the major change rule for organizations which experienced "routine and inevitable changes in their boards" over a very long period.
www.fcc.gov/document/kboo-foundation
KBOO Board Turnover
With the --
1. The resignations of Damon Turner, Marc Brown, Paula Small, and Rabia Yeaman and
2. The removal John Mackey, and Hadrian Micciche and
3. Election of four new directors, Joe Uris, Michael Wells, Jen Davis, and Adin Rogovin,
- the board passed the 50% threshold. Considering the state of affairs at KBOO, this kind of turnover may be "routine and inevitable," but I doubt this is what the FCC had in mind. And while this kind of turnover has happened at KBOO several times before, this recent change did not occur "over a long period of time." This major change took place within the space of one year, not the "several years" the FCC has in mind.
The following is from the document KBOO submitted to the FCC
licensing.fcc.gov/cdbs/CDBS_Attachment/getattachment.jsp?appn=101580783&qnum=5050©num=1&exhcnum=1
-------------------------------------------
Previously, the FCC approved the following board members in a Form 316 transfer of
control application, FCC File No. BTCED-20121119ACY, granted December 13, 2012:
Paula Small
*Michael Papadopoulos
Hadrian Micciche
*S.W. Conser
Marc Brown
*Lyn Moelich
Lisa Loving
*Jeff Kipilman
John Mackey
Damon Isiah Turner
*Matthew Bristow
Rabia Yeaman
The names marked with an asterisk (*) above are continuing their three-year terms and will serve on the new board. Because more than half the board members elected in the most recent election are new to the board, FCC consent is sought.
------------------------------------------------
Note the claim: "Because more than half the board members elected in the most recent election are new to the board..." What the board is saying is that all the new people on the new ownership list KBOO submitted to the FCC were elected in the recent elections.
While looking at that dubious document KBOO submitted to the FCC, note that the entire KBOO board of directors lives at
20 SE Eighth Ave., Portland, OR 97214.
First: the FCC regulations.
"A major change in ownership is any change where the original party or parties to the application do not retain more than 50 percent ownership interest in the application as originally filed."
www.hallikainen.com/FccRules/2014/73/3573/
Three statements contained in a FCC ruling:
1. "Pursuant to Section 73.3573 of the Rules, a 50 percent change in the governing board of an NCE applicant is generally considered a "major change" not permissible outside a filing window."
2. "A greater than 50 percent change in its governing board ("Board"),...is generally considered a "major change" prohibited by Section 73.3573 of the Commission's Rules
("Rules")."
3. The FCC waives the major change rule for organizations which experienced "routine and inevitable changes in their boards" over a very long period.
www.fcc.gov/document/kboo-foundation
KBOO Board Turnover
With the --
1. The resignations of Damon Turner, Marc Brown, Paula Small, and Rabia Yeaman and
2. The removal John Mackey, and Hadrian Micciche and
3. Election of four new directors, Joe Uris, Michael Wells, Jen Davis, and Adin Rogovin,
- the board passed the 50% threshold. Considering the state of affairs at KBOO, this kind of turnover may be "routine and inevitable," but I doubt this is what the FCC had in mind. And while this kind of turnover has happened at KBOO several times before, this recent change did not occur "over a long period of time." This major change took place within the space of one year, not the "several years" the FCC has in mind.
The following is from the document KBOO submitted to the FCC
licensing.fcc.gov/cdbs/CDBS_Attachment/getattachment.jsp?appn=101580783&qnum=5050©num=1&exhcnum=1
-------------------------------------------
Previously, the FCC approved the following board members in a Form 316 transfer of
control application, FCC File No. BTCED-20121119ACY, granted December 13, 2012:
Paula Small
*Michael Papadopoulos
Hadrian Micciche
*S.W. Conser
Marc Brown
*Lyn Moelich
Lisa Loving
*Jeff Kipilman
John Mackey
Damon Isiah Turner
*Matthew Bristow
Rabia Yeaman
The names marked with an asterisk (*) above are continuing their three-year terms and will serve on the new board. Because more than half the board members elected in the most recent election are new to the board, FCC consent is sought.
------------------------------------------------
Note the claim: "Because more than half the board members elected in the most recent election are new to the board..." What the board is saying is that all the new people on the new ownership list KBOO submitted to the FCC were elected in the recent elections.
While looking at that dubious document KBOO submitted to the FCC, note that the entire KBOO board of directors lives at
20 SE Eighth Ave., Portland, OR 97214.