November 30, 2012
Dear Mr. Berlin,
Dear Mr. Berlin,
.
It has come to my attention that you are telling people
the following in response to their requests that the FCC uphold the Zapple
Doctrine due to violations by WISN and WTMJ radio in Milwaukee,
Wisconsin.
.
For the Zapple Doctrine to be invoked, the supporters
of the opposing candidate would have to specifically ask the station for air
time. If the station refused, the supporters could then appeal to the FCC, but
no such Zapple complaint has been made in at least eight years. Therefore,
there was no violation of the Zapple Doctrine by the stations here, and even if
there were, that would not be a basis for the denial of a license renewal, since
programming has nothing to do with licensing in the first place.
.
Perhaps, sir, you have forgotten our telephone
conversation last May about this matter. Perhaps you have forgotten that, on
May 24th of this year, I emailed you documents entitled "Formal Complaint to FCC
re WISN and WTMJ," and "addendum: Formal Complaint to FCC re WISN and
WTMJ" citing specific Zapple violations by the stations. Perhaps you have
forgotten that you emailed me back, acknowledging receipt of said complaint.
.
To be clear, just as you outlined above, during the
Wisconsin Gov. Scott Walker recall campaign, dozens of supporters of Mayor Tom
Barrett did contact WISN and WTMJ radio asking for air time, and they were
denied. As part of our complaint, I sent you, Hope Cooper, and all five
Commissioners emails from three of those people as a representative sample.
.
As the Zapple violation took place in the middle of the
election, the complaint was urgent; as noted on the complaint, "time is of the
essence."
On Thursday, July 26th, I copied you on an email sent to
Hope Cooper, entitled "Followup to Milwaukee Talk Radio Complaint." And on
Monday, November 5th, I sent Hope Cooper an email entitled "Update and support
documents" which included more than a thousand signatures from the public
supporting our complaint, as well as a support letter from major groups whose
membership exceeds a half a million people supporting our complaint about the
Zapple violations.
.
Perhaps you are not aware that the entire effort was well
publicized; Talkers Magazine even wrote "The
FCC rules on this matter may have a significant effect on the upcoming Fall
national and state elections."
.
Of course, that didn't happen, as your
bureau apparently ignored the entire matter.
.
The people of the Milwaukee area have been patiently
waiting, Mr. Berlin, but their patience is running thin. It appears that no one
at the FCC has paid any attention whatsoever to an effort that cost thousands of
dollars and hundreds of hours of effort.
.
And now I find myself in the position of having to defend
myself to those who have trusted my representation that I filed such a Zapple
case. My reputation is being unfairly impugned.
.
Mr. Berlin, I ask that you rectify this entire situation
immediately. I ask that your office immediately decide on the original
complaint. (I will next forward all original correspondence to facilitate
this.) I also ask that you contact everyone whom you have told there has been
no Zapple case filed for eight years and correct the record.
.
I further ask that, before you make any decisions about
pending license challenges, you review the Petitions to Deny first. Our
arguments may surprise you.
.
Sincerely,
.
.
Sue Wilson
Media Action Center