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.