The long-awaited response from the ESRT was filed last Friday, August 25, 2017. The original document can be accessed here:
Here is 'indigopirate's' summary.
Friday last the Empire State Realty Trust responded to WBAI/Pacifica’s recent attempt to amend its filing so as to include an argument asserting that the existing contract is and was unconscionable.
ESRT’s response disassembles that attempt along two separate lines: Firstly, that WBAI/Pacifica fails to meet the criteria for an amended filing. Secondly, that the argument as to unconscionability is meritless both as to law and as to fact.
It is with respect to this latter that ESRT’s filing is most amusing.
WBAI/Pacifica omitted the fact that the 2005 contract still in effect and which WBAI/Pacifica presently seeks to challenge was effectively an extension of the previous 1992 contract that WBAI/Pacifica had signed. That contract reflected the fact that WBAI/Pacifica and ten other FM broadcasters had at that time requested major capital improvements as to the master antenna and broadcast facilities provided to them at Empire State. That contract therefore reflected the shared capital expenses for the improvements, which would improve and extend broadcast reach and radius and thus potential audience, which the eleven FM broadcasters at Empire State had sought and which were agreed upon by all parties.
All eleven broadcasters, including WBAI/Pacifica had contracts at essentially the same rates and all of which expired ca 2005, at which time they might, if they wished, walk away from Empire State as their broadcast site and from their contracts.
None, including WBAI/Pacifica, chose to do so, and all eleven contracts were at effectively the same rates.
As to WBAI/Pacifica’s assertion that ESRT took advantage of the fact that there were no alternatives available to it in 2005 because of the twin towers having been brought down in 2001, ESRT notes that in fact 4 Times Square had in the aftermath of that event substantially increased its broadcast options, including major antenna and facility upgrades, and that WBAI/Pacifica noted that fact in the course of the 2005 negotiations.
Therefore, as a matter of fact, WBAI/Pacifica was aware of the lower cost option of shifting to 4 Times Square at the time and in the course of its contract negotiations in 2005, and chose to stay with ESRT, presumably to take advantage of the superior reach of the signal from that location, as did the other FM broadcasters, all of whom pay comparable rates.
It ought perhaps be noted as a point of possible interest that John Crigler, who filed an affidavit in support of WBAI/Pacifica’s recent attempt to amend, failed to note or in any way take account of these facts despite his having represented WBAI/Pacifica in these negotiations in 1992 and 2005.
Nor has he or WBAI/Pacifica in any way asserted, formally or informally, any claim as to the recently alleged ‘unconscionability’ of the existing contract in the course of the twelve years since he approved of the signing of that contract.
~ ‘indigopirate’
Wait a minute. WBAI agreed to pay its share of improvements when it could have walked to Time Square and now twelve years later is trying to get out of the deal in order to go to Times Square? Amazing. Simply amazing.
ReplyDeleteThis article is consistent with an article in Insideradio.com which includes the following:
The owners of New York’s famed Empire State Building may be locked in a battle with a noncommercial FM that broadcasts from atop the landmark, but it’s quietly signed new long-term leases with iHeartMedia and CBS Radio to keep a total of nine FMs broadcasting from the building.
The move will keep iHeartMedia’s CHR “Z-100” WHTZ, rhythmic CHR WKTU (103.5), classic rock “Q-104.3” WAXQ, urban “Power 105.1” WWPR, and AC “Lite 106.7” WLTW broadcasting from the Empire State Building. They’ll be alongside CBS Radio’s CHR “Amp 92.3” WBMP, classic hits WCBS-FM (101.1), sports WFAN-FM (101.9) and hot AC “Fresh 102.7” WNEW-FM.
In a conference call with investors, Empire State Realty Trust president/COO John Kessler said the renewals come in the wake of several agreements reached with other radio tenants on the 1,454-foot building, including Emmis, Spanish Broadcasting System and New York Public Radio. Kessler said they’ve also reached new lease agreements to keep Univision’s WXTV (channel 41) and Tribune Media’s WPIX-TV (channel 11) on the landmark building. But ION Television announced it’s not renewing its lease for WPXN-TV (channel 31) and it will vacate its space at the end of the year.
The renewals are noteworthy because for the first time since Sept. 11, 2001 broadcasters have another option to cover the New York metro. The Durst Organization announced in February that three local television stations will relocate to the 408-foot spire that sits atop One World Trade Center. Developers will use the building’s 90th floor to house station transmitters and backup generators. Durst has said it expects to pocket as much as $10 million in annual rent from broadcasters.
Prior to the 9/11 terrorist attacks, three stations, including Spanish Broadcasting System’s “Amor 93.1” WPAT-FM, New York Public Radio’s WNYC-FM (93.9) and Columbia University’s adult alternative WKCR-FM (90.9) broadcast from atop One World Trade which at 1,776 feet has been designated the tallest building in the Western Hemisphere. No radio station has yet made the jump to
the new site although Rahul Walia filed in July 2016 to move the Perth Amboy, NJ-licensed translator W284BW (104.7 FM) across New York Harbor to beam its 99-watt signal from atop the Four World Trade Center building in lower Manhattan.
.....
So, am I reading this correctly? My question, which has so far received no answer, has been whether other radio stations pay even a somewhat comparable rent as does WBAI. Are you saying that other stations do indeed?
ReplyDeleteOnce again I say that WBAI just wants a free or, at least, semi-free ride. WBAI exceptionalism strikes again.
Oh, how WBAI's story crumbles.
SDL
Precisely.
DeleteESRT in their presentation and representation as to fact Friday says precisely that.
Their statement is accompanied by an affidavit from Timothy S Pecaro of Bond & Pecaro, which advises and assesses on media questions as to valuations and properties of this sort, and who was involved with the negotiations with WBAI/Pacifica.
In that statement Mr Pecaro makes a number of points as to WBAI/Pacifica’s significant errors and/or misrepresentations as to fact, that point amongst them.
It will eventually stop, because these dummies have yet to realize that the listenership they haven't chased away with inferior programming is tuning out because it is being ignored by that station's very narrow focus on a segment of the area's black population. Plainly speaking, these self-serving amateurs have lowered the quality and intellectual level to a point where people no longer give damn whether WBAI stays on the air or not. It is now an outlet for propaganda, with all the lies that entails.
ReplyDeleteI warned of this a few years back, but that was regarded as racism on my part. Unfortunately, I had read the handwriting on the wall correctly.
Of course there are several reasons for WBAI's failure, but ineptness and racism are major factors.
On the next Katie Halper Show, African slavery and white supremacy.
ReplyDeleteComing up on the PC show, African slavery and white supremacy.
Education at the Crossroads features the racism in the public schools.
Stay tuned to Randy Credico to hear Julian Assange talk about African slavery and white supremacy.
On the next Rebel Diaz, oh wait. Its pre-empted for the LSB report to the listener. Oh Joy.
It's coming to that.
DeleteIf Cerene and her little gang of losers appear on the LSB broadcast, you can bet that they'll bring racism with them.
Brady and his callers are really out there tonight. One thing I notice is how poor his people skills are, like a temperamental child, snapping back at his callers.
ReplyDeleteSDL
Oh, jeez... Brady current caller is a woman who missed buying a Zapper on WBAI and wants to buy one now. Needless to say, Brady is running with this for all it's worth.
DeleteSDL
I should be listening, but what I hear makes me sick, so I limit it to periodic monitoring. Besides, the technical quality is abominable—the levels are all over the place, especially when Haskins is operating the "board".
DeleteWell, I take him as a nut to be laughed at. One thing I have to say for him is that he doesn't play the racial political crap like seemingly every one else, yet. I guess his conspiracies are the be all and end all.
DeleteInterestingly, he said something I agreed with tonight, which is that Antifa (Anti-First Amendment) have not been getting the denunciation they deserve from the media for all their street gang style violence. Of course, he had to say how they are a manufactured group created to make the left look bad, etc.
My head hurts...
SDL
As soon as I read that last line the Misfits tune I Turned Into a Martian started playing in my head.
DeletePossession of the mind is a terrible thing
It's a transformation with an urge to kill
Not the body of a man from earth
Not the face of the one you love, 'cause
Well, I turned into a Martian
Whoa oh oh
I can't even recall my name
Whoa oh oh
Times I never hardly sleep at night
Whoa oh oh
Well, I turned into a Martian today...
Can I get a conspiracy show now?
SDL
This foolishness is now being featured on WBAI's home page: https://www.give2wbai.org/ProductDetails.asp?ProductCode=OT0556-3 Copy the URL in your browser. The graphic is so idiotic that it must be seen. As Mr. T of the A-team would say: "I pity the fool who would fall for this."
ReplyDeleteI noticed and cringed. This is one of Kathy "Double Helix" Davis' fundraising scams, based on gullibility and greed.
Delete"Be taken on a roller coaster ride of imagination and consciousness." That may well be true...
Delete"Upon successful completion of the course receive your certification as an Associate Neuro Design Engineer and an Associate NDE Strategist." I wonder who accredits that. Must be fun to see someone take that certificate to an employment agency. Obviously, this is the part where they tell you about how you can go out and earn money.
SDL
This LSB report to the listener is depressing Chris. No one wants to talk about the need to improve programming. Everything is just fine. If only we can get the LMA deal with MNN, if only we can 12 phone lines, if we only had someone like Samori back, everything would be just fine. Oh by the way, restore the news staff and tell those evil people at the ESB to just forgive WBAI's debt.
ReplyDeleteThat about sums it up. I wish Kane wouldn't stifle speech whenever a call potentially sparks a needed discussion.
DeleteThis LSB broadcast, besides being about members giving long drawn out biographies, just proves that even people who should know better, like Max, are either oblivious to reality, in early stages of dementia or just can't bring themselves to admit the programming is shit.
DeleteIt's the same old canard year after year. If we advertise, if we appear at the Left Forum, etc. None of these scumbags want to face the truth, but why should they, as long as just enough people send in just enough money to keep them on the air. The best one is how they want a rich person (i.e. capitalist) to come and save their socialist station. Just too funny. I guess they picked that idea up from Cuba whining that capitalist USA has caused them all their poverty. Yes, socialists and communists, once again, not willing to admit their system is a failure and, basically admitting, they need a capitalist to subsidize them.
The excuses never, ever end. I have said it before that WBAI is the druggie or alcoholic who can't get help because he/she won't admit to having a problem.
I have also said that they will roll along until those baby boomers they mentioned start dying off faster and faster. Yes, there may be some bequests in some wills, but how far can that get them? it's funny how WBAI is the one stations that should wish for early deaths of its listeners.
SDL