Student government leaders are questioning false information included in an ownership report submitted to the Federal Communications Commission by the campus radio station.
The report lists a board of directors for KWVA that was dissolved more than two years ago. The report contains a clause affirming all the information is correct within 60 days of Sept. 18, 2007.
The routine report is submitted biannually to the FCC and lists the ownership of the station. It lists the ASUO president as the station’s owner, which is true now but will likely change soon. It also lists KWVA’s 2005 board of directors, which was dissolved after the station was moved from being an ASUO program to being under the purview of the EMU Board two years ago.
Director of Student Activities Gregg Lobisser said a corrected report will be submitted.
Lobisser said the inaccuracies in the report were “pretty minimal.” He said that because the University is in the process of changing the station’s licensing, “it seemed to make sense” to leave things as they had been in the previous report.
“It was an oversight, really. An error. And in hindsight why not make the changes because they were really insignificant,” he said.
EMU Board Chairwoman Chess Patricolo was under the impression that the University’s general counsel had advised KWVA to submit an inaccurate report.
“For some reason or another our legal counsel advised us to fill it out in such a manner,” Patricolo said. “The real issue is why did legal counsel advise us of this?”
She said students questioned the report and brought it to the attention of Vice President of Student Affairs Robin Holmes who could not be reached for comment.
“The reason it was signed the way it was was because that’s what legal told us to do,” Patricolo said.
Two outside law firms have been consulted about moving the station’s license from the ASUO to the Oregon State Board of Higher Education. It is unclear whether University lawyers or the outside firm gave the advice Patricolo is referring to, or whether it was simply an error.
“It was probably my misunderstanding,” said EMU director Dusty Miller. He said he was advised to change as little as possible from the previous biannual report.
“Of course we’re not intentionally submitting incorrect information,” Lobisser said. “The license holder has not changed. The owner is still listed. The general manager is still listed. It seems to be the more critical information.”
Randy Geller, the University’s general counsel, was out of town Thursday and could not be reached for comment.
“It really isn’t a big deal. They just need to refile with the correct information,” said Phil Weiler, a spokesman for the University. “All they need to do is refile and indicate there isn’t a board, and that’s all there is to it.”
The report contains a certification that all information is “true, correct and complete,” and that “false statements are punishable by fine and/or imprisonment … and/or revocation of any station license or construction permit.”
Student government officials were concerned about the factual errors and their potential consequences in meetings on Wednesday.
“My concern is with the administration,” ASUO President Emily McLain told the Student Senate. “The idea of a license that goes to the FCC with my name on it as owner with a board that doesn’t exist … is more than questionable.”
Lobisser, who oversees all student programs at the EMU, said that when he began to work with the station it “struck me as a surprise” that the station’s license listed the ASUO as the owner.
“I surely imagined that it would not be a student program (listed on the license), even student government,” he said.
The report submitted to the FCC states that “under an opinion of the attorney general of the state of Oregon, the Associated Students of the University of Oregon is part of the University of Oregon and is a state entity.
“Therefore ASUO is under the control of the UO’s governing board,” which is the state board of higher education.
According to Lobisser, all other campus radio stations in Oregon are owned by the state board.
“We will soon begin the process to transfer the license from the ASUO to, I assume, the state board of higher education. In one sense, it already is a state board of higher education radio station,” he said.
As far as the ownership of the station he said, “It probably should not have been the ASUO.”
But the transfer has not happened yet, and no one in student government was aware it was even being discussed.
Sen. Billy Hatch, who sits on the EMU Board, tried to affix a note to the EMU’s annual budget that would have required the formation of an outside advisory board for KWVA.
Hatch told senators it was “urgent that we consider the lack of transparency and oversight for the associated students.” Hatch said the idea of switching KWVA’s ownership to the state board had been initiated in May 2006.
“I found out January 4, 2008,” he said. “I find it odd. This should have been made aware to the Executive, the Senate and the EMU Board.”
Lobisser said the move was initiated in September 2006. When asked why the issue had not been discussed with the EMU Board he said, “It hasn’t occurred yet.”
He continued, “I don’t know if the issue of license change has come to the board until recently. Do we talk about every new hire in the craft center?
“We try to give critical issues so they can weigh in and give comment,” he said.
Lobisser said a corrected report would be filed as soon as today.
“As soon as it was brought to our attention we moved with all our diligence to correct it,” he said.
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