FCC Approves WDAY Radio Deal, Over Listener Objection

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As October 2024 began, RBR+TVBR first reported on the sale of a venerable AM radio station and its companion FM translator for $600,000. This put the wheels in motion on a transfer of control of the properties from Forum Communications Company to Flag Family Media, and its “Bakken Beacon Media LLC.”


An objection to the deal ended up in the FCC’s hands. It came from a listener, who saw a Facebook host from a talk host at the buyer’s current radio stations about the state of journalism today and reacted — arguing that what he shared demonstrated why it would be “dangerous” for Flag Family Media to own the station.

The FCC has dismissed the objection, putting the wheels in motion on an anticipated closing.

 

Four months ago, the legal counsel for Flag Family Media — Wold Johnson P.C. of Fargo — and Forum’s legal counsel, Tim Nelson of Raleigh-based Brooks Pierce, approved an asset purchase agreement filed for FCC regulatory approval that sees the sale of WDAY-AM 970 and K226CL at 93.1 MHz in Fargo, N. Dakota.

For listeners, the transaction isn’t expected to change a thing with what they’ve been hearing for more than four years, as Flag Family Media has operated WDAY-AM and the FM translator under a Local Marketing Agreement since November 6, 2020, alongside its WZFG Radio in Fargo, and KTGO Radio in Tioga, N.D., branded as “The Flag.”

Enter WDAY listener and social media user Leann Wolff, of Glyndon, Minn., east of Moorhead. Wolff saw two posts on Facebook from Scott Hennen, host of the statewide program “What’s On Your Mind?” heard on WZFG and KTGO.

Hennen is a 50% owner of Bakken Beacon Media LLC, and based on the content of the social media posts, Wolff believes his comments “clearly demonstrate his disregard for journalism and distrust of anyone who reports what he might dispute, regardless of the veracity of the report.”

As such, Wolff believed the Commission “should have higher expectations of management with fiduciary responsibilities to the community acquiring yet another radio station in a contracting market.”

Bakken Beacon Media responded to the FCC that Hennen was expressing “his own individual opinion on the current state of journalism,” but “even if it was assumed that such an opinion might be expressed on WDAY under BBM’s ownership, that is not a ground for the FCC to deny or withhold consent to the instant assignment.”

While BBM contended that the objection is procedurally defective, Audio Division Chief Al Shuldiner disagreed and reviewed it on its merits. But, Wolff’s arguments in the end fell flat.

“We reject the assertion that Hennen’s social media comments justify a denial of the proposed assignment applications,” Shuldiner said. “The Objection does not cite to any provision under the Act or the rules, any cases, or any Commission policy for its argument that Hennen’s social media comments are pertinent to our review of the Applications. We disagree with Wolff’s argument that Hennen’s viewpoint on the state of journalism, as expressed in his social media comments, is in any way relevant to our determination of BBM’s qualifications to hold a license or whether the proposed assignment would serve the public interest.”

Thus, “While Wolff finds Hennen’s comments objectionable, Wolff’s subjective views are not relevant to our consideration of the Applications,” Shuldiner concluded.

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