Judge Denies Petition to Intervene in WQZS Proceeding

The FCC administrative law judge overseeing the case of an embattled licensee in Somerset County has denied a Petition to Intervene filed by a competing station.

Jane Hinckley Halprin has been presiding over the matter wWahlhich will ultimately decide the fate of Meyersdale-based WQZS and its licensee, Roger Wahl.

The character of Wahl, 71, has been taken into question following his arrest on sex-related charges involving a 61-year-old woman known to him. Wahl now has a criminal record including a felony charge, which would disqualify him as a licensee under FCC rules and regulations.

Robert Kluver is the president of the American Militia Association (AMA), also based in Meyersdale. The organization is the licensee of Meyersdale-licensed WHYU-LP, and holds a construction permit for a full-power station bearing the same call letters. Kluver filed a Petition to Intervene, Motion for Extension of Issues, and Motion for Summary Decision in May of last month, alleging that Wahl had repeatedly violated FCC rules and regulations and had demonstrated a ‘lack of Candor with the commission.’

In her ruling dated this past Thursday, Halprin denied the petition and two motions filed by the American Militia Association.

“Petitions to intervene are to include a description of the person’s interest and an explanation of how their participation will assist in the determination of the issues in question, as well as any additional proposed issues,” wrote Halprin in her order. “When a petition to intervene is filed later than 30 days after the order designating the hearing is published in the Federal Register, the petition is to include reasons why it wasn’t filed on time. Grant of party status is within the discretion of the presiding officer upon a finding of good cause for the delay in filing.”

The Hearing Designation Order released in October of last year required Petitions to Intervene within 30 days. AMA did not file its petition until almost five months later, with the argument that its construction permit was not granted until February of this year. That, Halprin wrote, did not meet the criteria for granting a late-filed petition.

“AMA’s station did not need to be full service for it to seek to intervene, and even if it did, its filing came almost three months after grant of its construction permit. Similarly, AMA has not explained why it waited two months to object to the information put into the public record on March 10,” wrote Halprin. “Nor is it persuasive that AMA first decided to seek participation in this proceeding only after it learned that renewal of Mr. Wahl’s station would be held in abeyance pending the outcome of this hearing.”

Halprin summarized her decision by stating that the AMA has not shown evidence that its inclusion would resolve the matter pertinent to the hearing proceeding.

“If, in the course of discovery and prosecution of this hearing proceeding, additional information is uncovered that indicates that AMA should be afforded party status, the Presiding Judge may consider taking that action upon appropriate motion,” wrote Halprin. “Because AMA has not been deemed a party to this proceeding, its motions for summary decision and to enlarge the issues are denied, as those actions are only available to those with party status.”

Halprin reiterated that the matter at hand is strictly the fitness of Wahl to legally remain licensee of WQZS, and that the hearing does not include the upcoming renewal of its license in August. Should Halprin decide that the station’s license be canceled, any proceedings relative to the renewal of the license would then be considered moot.

Wahl founded the station in the fall of 1992, having first applied for the license in 1990. Since its involvement with the proceeding, the American Militia Association has submitted paperwork alleging that Wahl raised money to build the station by defrauding investors with a dummy corporation known as Target Broadcasting, while keeping the license of WQZS in his name alone as an individual.