SOURCES ON PACIFICA

To begin at the beginning:

moonless night

starless and bible-black

the sloeblack, slow, black, crowblack, fishingboat-bobbing sea

[… of course, not my words …]

Especially as Pacifica’s website, & those of the stations, lack most of this basic info, it’s here as a courtesy. Please send other links or suggestions for inclusion.

Contents

1. Finance

….. Auditor’s reports

………. Annual auditor’s reports

………. Others

….. Other reports

………. Monthly Pacifica finance reports by R Paul Martin (PNB Finance Cttee member, & WBAI treasurer)

2. Contracts

….. Loan documents with the Foundation for the Jewish Community (FJC), & other documents

3. Federal Communications Commission (FCC)

….. FCC links

….. Public files of Pacifica’s stations

….. Communications Act of 1934

4. Corporation for Public Broadcasting (CPB)

….. Audit of Pacifica: 21Sep2012

….. CPB links

………. Radio Community Service Grants (CSG)

………. Other grants, & Request for Proposals (RFP) – such as for content & production, & initiatives

5. Registry of Charitable Trusts (RCT) & Charitable Trusts Section (CTS) of the Office of the Attorney General, Dept. of Justice, State of California

….. RCT links

….. CTS links

6. Documents of substance that Pacifica used to produce

….. Pacifica Financial Recovery Plan, 28Feb2012

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

~~?~~~ why is the Pacifica National Board majority decisively obstructing improvement? ~~~?~~

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

1. Finance

….. Auditor’s reports
………. Annual auditor’s reports

Annual auditor’s reports on Pacifica Foundation, Inc. (here are all those since 1Oct2004, so starting with fiscal 2005, FY2005): https://pacificaradiowatch.home.blog/2019/07/18/pacifica-annual-auditor-s-reports/

….. Other reports

Monthly reports by R Paul Martin, stalwart Treasurer of WBAI; unique in Pacifica, he writes regular reports that are publicly available: https://glib.com/. As an example, this is the 10July2019 report, five pages, diligently finished straight after the PNB Finance Cttee met, & circulated in time for his LSB Finance Cttee meeting the following day: https://glib.com/treasurers_report_2019-07-10.pdf

2. Contracts

….. Loan documents with the Foundation for the Jewish Community (FJC), & other documents

Documents leaked W26June2019, mainly of the $3.7m loan (now $3.265m), from the Foundation for the Jewish Community (FJC): https://mega.nz/#F!PloCiSqJ!9rLejSkttE7gCVCCq3q86g (convenient one-click download of the folder; also ‘preview’ allows reading online)

The folder includes the ‘root’ contract, called the “loan agreement” (it, & nine other sets of documents, constitute “the loan documents”).

The now $3.265m loan:

  • signed 2Apr2018, a three-year term;
  • significantly, Pacifica directors agreed to a contract that details only two ways to pay the principal by 2Apr2021: selling as many broadcasting licences & station buildings as it takes: “a swap or sale of one or more radio licenses or a sale of other Pacifica owned assets” (Recital B; page 1);
  • annual interest at three percentage points above US prime rate (Section 2.2; p. 5), so 8.5% a year since 20Dec2018 [8.25% starting Th1Aug2019];
  • the default rate, such as after a late payment – not least the paying of the principal on time (Sec. 8.1; p. 13) – is the lower of either 18% a year or the maximum under law (Sec. 1.1(10); p. 2);
  • Pacifica directors, with no public discussion, agreed to advertising (underwriting), to sign a contract with an advertising broker, F. Y. Eye, Inc.; FJC chose to do this “in lieu” of its “origination fee” (Sec. 3.1(2); pp. 6-7), & you may wonder why – details below; &
  • FJC never waits for a loan to default: it sells the loan on when it’s only “potentially impaired”, to the Marty & Dorothy Silverman Foundation (details below).

https://mega.nz/#F!PloCiSqJ!9rLejSkttE7gCVCCq3q86g?b0IBlaiR

Pacifica’s immediate future is structured more by this contract than anything else. https://pacificaradiowatch.home.blog/2019/07/18/pacificas-3-7m-loan-contract-with-the-foundation-for-the-jewish-community-fjc-other-leaked-docs-w26june2019/

As part of the FJC contract, on 23Mar2018 iED Tom Livingston signed an underwriting contract on behalf of Pacifica, for it to carry advertising. This hasn’t been acknowledged publicly by any Pacifica body, not least the Pacifica National Board (PNB). These are the details.

Appended to the loan agreement, signed by Pacifica & FJC, is an unsigned underwriting contract (pp. 25-7). It is “substantially in the form” that Pacifica has agreed to sign with the NYC advertising broker, F.Y. Eye, Inc. (Sec. 3.1(2); pp. 6-7 & 25-7) – a corporation founded by its president, Lorin Silverman . . . yes, the President & Treasurer of FJC, and President & Treasurer of the Marty & Dorothy Silverman Foundation, which buys FJC loans that are “potentially impaired”, not even in default (FJC policy, disclosed in any of their auditor’s reports & IRS form 990’s – the latest: pp. 10-11, pp. 12-13 of the PDF, http://fjc.org/uploads/user-uploads/image/FJC%203-31-18%20FINAL.pdf; & Schedule O, p. 90 of the PDF, http://fjc.org/uploads/user-uploads/image/file/990%20FY17%20-%20For%20Distribution.pdf). And, yes, it was Lorin’s signature that lent the money to Pacifica.

The chronology in the loan agreement is a bit wayward because just over a week earlier, on 23Mar2018, iED Tom Livingston had signed a contract dated 2Apr2018 with F. Y. Eye, Inc. (linked below). Signing for the latter was its President, Lorin Silverman (busy guy). Pacifica has publicly issued no document demonstrating that Livingston had been authorised by the PNB to do this. Likewise, there is no public Pacifica document showing that the PNB had agreed to advertising via the FJC loan. Such is the life of a secret society – moreover, one funded unwittingly by the members, members who were never consulted, members who have never shown any evidence, at any time in Pacifica’s 73 year history, of being enamoured to advertising on the Pacifica airwaves. Such is the anti-democratic disposition of the PNB majority. Shameless authoritarians. Eat yer 💗 out, Lew. https://mega.nz/#F!PloCiSqJ!9rLejSkttE7gCVCCq3q86g?qkxynCxQ

3. Federal Communications Commission (FCC)

….. FCC links

https://www.fcc.gov/

….. Public files of Pacifica’s stations

https://publicfiles.fcc.gov/fm-profile/kpfa (licence expires 1Dec2021) https://publicfiles.fcc.gov/fm-profile/kpfk (licence expires 1Dec2021) https://publicfiles.fcc.gov/fm-profile/kpft (licence expires 1Aug2021) https://publicfiles.fcc.gov/fm-profile/wpfw (licence expires 1Oct2019) https://publicfiles.fcc.gov/fm-profile/wbai (licence expires 1June2022)

….. Communications Act of 1934

Click to access 1934new.pdf

4. Corporation for Public Broadcasting (CPB)

….. Audit of Pacifica: 21Sep2012

The audit was of two complete fiscal years, 2009 & 2010. (CPB & Pacifica have the same year-end, 30Sep; so FY2009 ended 30Sep2009.) The fieldwork was done between Jan & June 2012. 31 pages. https://www.cpb.org/files/oig/reports/2012-09-21-Report-1208-Pacifica.pdf (Office of Inspector General)

….. CPB links
………. Radio Community Service Grants (CSG)

https://www.cpb.org/stationshttps://www.cpb.org/stations/grants/radio/generalprovisions/https://www.cpb.org/sites/default/files/stations/radio/generalprovisions/FY-2019-Radio-General-Provisions.pdf (current edition)

………. Other grants, & Request for Proposals (RFP) – such as for content & production, & initiatives

https://www.cpb.org/grants

5. Registry of Charitable Trusts (RCT) & Charitable Trusts Section (CTS) of the Office of the Attorney General, Dept. of Justice, State of California

Pacifica Foundation, Inc. is incorporated in California & so is subject to its law.

Please note that each of the five stations, & the Pacifica archive, is not a legal entity: the only legal entity is the Foundation. By contrast, each station is, fundamentally, an organising & accounting unit of Pacifica. It means a station owns no property, &, inversely, a station owns no debt. Property right confers upon Pacifica alone, a unitary entity. Amen.

Nevertheless, Pacifica’s post-2006 economic hardship has, as one would expect, found political expression within bigger stations as station chauvinism – the bastards are dragging us down, just sell ’em off. This has blighted Pacifica, & proved to be a highly destructive centrifugal force. Much of the venom arises from a misunderstanding of the rental contract with the Empire State Realty Trust, for housing the WBAI transmitter. It’s essential to recognise that this was not a WBAI contract but a Pacifica contract. A station never has a contract, only Pacifica can be a party to a contract.

Also, as a guide to how we treat one another, the egalitarian principle is not to reward & punish given one’s endowment: just because some stations use Pacifica-owned buildings, not their buildings, isn’t justification for looking down on & disparaging WPFW & WBAI. It was a mere historical accident that at the beginning, Pacifica & KPFA constituted an identity, the one-and-the-same. A station’s financial performance may be criticised, but one must recognise that (1) some of its contracts may have been agreed, even negotiated, by the executive director &/or the National Board, & (2) the station manager (called in Pacificanese the general manager) isn’t appointed locally but by the executive director. Please don’t mistake the locus for the cause.

….. Registry of Charitable Trusts (RCT) links

http://rct.doj.ca.gov/Verification/Web/Search.aspx?facility=Y Pacifica’s filings since 2002 (plus “Founding Documents”), most downloadable; pump in ‘Pacifica Foundation’

….. Charitable Trusts Section (CTS) links

https://oag.ca.gov/charities resources re charities

6. Documents of substance that Pacifica used to produce

….. Financial Recovery & Audit Taskforce, Pacifica Financial Recovery Plan, 28Feb2012, 10 pages https://mega.nz/#!emgXjaYA!JrZeD6CTN26XyDWSc-ZoNoTWAiD__dGef6buW5uYTpM; for its discussion, please see https://pacificaradiowatch.home.blog/2019/08/09/pacifica-financial-recovery-plan-28feb2012-not-today/

One thought on “SOURCES ON PACIFICA

  1. 3rd1000yrs 12 November, 2019 / 01:30

    When ‘National’ tried to take over KPFA, the communities filled the streets to take back their station. ‘This is ours, this is something we paid for, we believe in, and that we intend to keep.’ A balance of power with less power for National and more for the stations would be better. KPFK, for one, and its building, was built by people in L.A., not National. At-large PNB members is just a scheme to dis-power the local reps. Excerpt: “Also, as a guide to how we treat one another, the egalitarian principle is not to reward & punish given one’s endowment: just because some stations use Pacifica-owned buildings, not their buildings, isn’t justification for looking down on & disparaging WPFW & WBAI. It was a mere historical accident that at the beginning, Pacifica & KPFA constituted an identity, the one-and-the-same. A station’s financial performance may be criticised, but one must recognise that (1) some of its contracts may have been agreed, even negotiated, by the executive director &/or the National Board, & (2) the station manager (called in Pacificanese the general manager) isn’t appointed locally but by the executive director. Please don’t mistake the locus for the cause.”

    Like

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