Tuesday, July 25, 2017
Dog ate my excuse
Updated with audio July 26, 2017 6:15 PM
Many months ago, confronted by ESRT’s turning to the courts for enforcement of WBAI/Pacifica’s contract, Crosier presented WBAI/Pacifica’s offer in settlement to ESRT, which offer consisted of suggesting ESRT settle for a small fraction of the value of the contract.
Crosier and WBAI/Pacifica were surprised in the time following that there was no response from ESRT to their offer in settlement.
Today, after WBAI/Pacifica had pointed happily several days ago to the fact that following some local officials having sent letters sympathetic to WBAI/Pacifica to ESRT, ESRT had requested a meeting, concluding that WBAI/Pacifica’s ‘pressure’ would force ESRT to present a ‘reasonable’ counter offer as to financial terms, Crosier, Himmelstein (WBAI/Pacifica’s pro bono firm), et al were ‘disappointed’ that ESRT presented no counter offer in settlement, but instead presented a series of questions centering solely on WBAI/Pacifica’s ability to pay monies due per contract, and particularly focusing on why WBAI/Pacifica claimed it was unable to raise the monies due by a signal swap, with the accompanying sale of their existing frequency, which, as a commercial frequency in the center of the FM band in the New York Metropolitan market, is of considerable value.
According to Crosier, they attempted to explain why they found this ‘very, very difficult,’ ie, effectively impossible to accomplish.
There have been several points in the past years where signal swaps have been proposed, internally, for various reasons, principally financial. Such a swap would require, according to Pacifica’s bylaws, a vote of the Pacifica National Board, and on all such previous occasions neither the local nor the national stakeholders were able even to approach the possibility of such a change.
That internal dysfunction is the reason why a signal swap is effectively ‘very, very difficult’ in WBAI/Pacifica’s view and understanding, if not quite simply impossible.
This line of argument as to why ESRT ought to accept WBAI/Pacifica’s continuing as it has in the past, not paying them the monies contractually due, seems to have had little effect on ESRT’s position to date.
What Berthold Reimers had to say. It is essentially complete, but I edited out some musical interruptions and confusion derived therefrom.