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Friday, August 29, 2008

Pierre Sports Broadcast Rights: School Board Appoints Self to FCC?

PP and the Pierre Capital Journal note the controversy in Pierre, where the school district is getting ready to take local radio station KCCR to court to stop them from broadcasting Pierre Governors and Lady Govs sporting events. Last year the Pierre School District asked local stations for proposals to broadcast its athletic. Dakota Radio Group, owner of KGFX Radio, beat out KCCR, with an offer of $40,000 for five years of exclusive broadcast rights. KCCR made no proposal for exclusive rights.

Since then, KCCR has changed ownership, and the new owners, Riverfront Broadcasting, contend they are free to broadcast out-of-town games. WNAX can surely broadcast a Govs-Bucks game when the Pierre team comes to Yankton, so why not KCCR... or so goes the argument.

And I'm liking that argument. Since when are the airwaves, a public resource regulated by the Federal Communications Commission, a commodity any local public body can control and sell? And since when can a local school board assume control over media reporting of public events supported by taxpayers?

A couple hypotheticals for your amusement:
  • Suppose my Uncle Dale wanted to get the play-by-play of a Govs game in Brookings and asked me to drive over and report on the game for him. I buy my ticket, sit in the stands, and call on my cell phone to give him play-by-play throughout the game. Do the Pierre School District and Dakota Radio Group sic their lawyers on me?
  • What if I drive out to Pierre to see my Uncle Dale, we go to a Govs game in town, and I decide to live-blog the game—more lawyers?
The idea that the school board—any school board—owns the airwaves just isn't making sense to me this morning. The school board just isn't in a position to determine that First Amendment press rights are available only to the highest bidder. Stick with it, KCCR! Not that I'd wish a lawsuit on anyone, but I look forward to getting some legal clarification on this issue from the courts.

3 comments:

  1. Cory:

    You have to remember that although you may be on "public" property at a game, that does not give you rights. School officials may have entered into binding contracts that offer exclusive coverage by media.

    In order to sell anything related to coverage of the event, you may need appropriate releases, both model and property.

    ReplyDelete
  2. But the question still remains: is the school in a position to claim financial rights over free speech and journalism at public events, particularly public events out of town, as the Pierre School Board is asserting?

    On a related note, does the Madison Daily Leader need the appropriate releases to sell photos of MHS athletes?

    ReplyDelete
  3. There's a pretty good discussion going on about this at SDSportsTalk.com (not to take away readers, Cory!). Mike Henriksen, who hosts "Sports Max" made a couple of good points.

    "I understand the need for revenue for schools, but this is not the way to go about it. Radio stations have served the schools and the community for many years in hundreds of positive ways. Radio stations have never charged for reading lunch menus, reminding listeners about the events going on at the school each week, or even school closings for that matter. Coaches, teachers, and administrators have all been given free air time to get their views across. The high school band or cheerleaders or debate team that is raising money for a trip or uniforms has always gotten free publicity for their car wash, bake sale, or burger feed. The tennis, cross country, golf and other non-revenue sports have had their results aired and their players featured. All of that is a benefit to the listeners, obviously, but also to the school. Try putting a price tag on that.

    I will refrain from talking about how the State has screwed up the funding for schools, but that is part of what got the school district in this situation.

    What I am saying is that loyalty is a two-way street. When a station is actually able to make money on a school related event, like broadcasting football or basketball, it is a way to balance out all that free time the station has given the school. The advertiser and the listener can decide which station to support or listen to. And stations are not making near as much money on these events as they used to."
    -Mike Henriksen, SDSportsTalk.com.

    I agree with Mike. It has to be a partnership. If the court agrees with the school, I'd basically tell the station to start charging for announcements, interviews, etc.

    It may sound like I'm acting petty, but then so is the Pierre School Board.

    ReplyDelete

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