PA Radio: WQZS Owner Asks FCC To Vacate Termination Order

Nearly three years after Roger Wahl, owner of WQZS-FM  in Meyersdale, PA pleaded guilty to sexual abuse charges, two years since he was sentenced for that conduct and six months since the Federal Communications Commission (FCC) did not renew his license, the station is still on the air and what is going to happen to it is still up in the air.

The Daily American reports the core of all the proceedings is whether Wahl's felony and misdemeanors conviction renders him unqualified to remain an FCC licensee in light of the commission's character qualifications policy, according to an application for review by Wahl's attorney, Dan Alpert of Arlington, Va. Alpert practices communications law and is considered a heavy hitter in that field.

The FCC terminated Wahl's license, finding he "lacks the qualifications to remain a commission licensee" after numerous hearings and some discord by an administrative judge with Wahl's alleged lack of timely responses.

Richard Wahl

According to Wahl's attorney, FCC's Enforcement Bureau failed to present evidence to make out a prima facie case where there was enough evidence available to support the revocation of Wahl's license for station WQZS. Moreover, the bureau did not provide enough required support for its decision that Wahl is not qualified to remain an FCC licensee, he wrote in his application review of the FCC's revocation order issued April 12.

He pointed out in the review request that the commission has said: "Our attention as a regulatory agency should be focused on matters directly relevant to performance as a broadcaster in the public interest."

The commission's review is concentrated on specific traits that are predictive of Wahl's propensity to deal honestly with the commission and to comply with its rules and policies, Alpert wrote.

Thus, Alpert claims the bureau did not meet its requirements in this situation, and Wahl's inability to meet the deadlines "should not serve as a substitute for that failure."

Wahl asked the FCC to vacate its revocation order and remand the case to the administrative law judge so Wahl can preserve his license.