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‘Casino’ Argument Fails to Sway FCC in WQXR Challenge

The FCC staff ruled against Marsha Farley, who had argued that the commission should not renew the license of the New York Times Radio Company.

WQXR(FM) gets to keep its license.

The FCC staff ruled against Marsha Farley, who had argued that the commission should not renew the license of the New York Times Radio Company.

She argued that the station was “secretly acting contrary to the public interest.” As evidence she pointed to a Web site that she said shows the Times has evidence of dishonesty in the casino industry but has suppressed it for the sake of ad revenue.

The site in question promotes strategy “games” developed by author Frederick Lembeck.

The FCC said Farley supported her contention with pure speculation that the Times had purposefully hidden negative information. She provides no proof other than the Web site, which offers only “unsubstantiated theories and more speculation, none of which pertains to WQXR(FM) or NYTRC,” the commission staff ruled, and it found no reason for further inquiry or action.

It also reminded Farley that, regardless, radio licensees have broad discretion to choose programming. “Whether or not to air a particular news item falls well within the scope of that discretion.”

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