FCC Report 4/7: FCC Denies Roger Wahl’s Request For Review Of His WQZS Revocation & Scope Of Guel Family Probe

The saga of Roger Wahl’s Oldies 93.3 WQZS Meyersdale PA has come to an end as the FCC has denied Wahl’s request for a review of the Enforcement Bureau that led to the revocation of his license last April.

Wahl pled guilty in July 2020 to charges of trying to solicit male strangers to rape his female friend facilitated through the radio station. Wahl had created a fake online dating profile for a “female friend” and then sent nude photos of the woman taken without her consent years earlier using a camera in a bathroom trying to solicit male strangers to rape her. He pled guilty to criminal use of communication facility, a felony and the lesser graded misdemeanors of invasion of privacy, unlawful dissemination of intimate image, tampering with/fabricate physical evidence and recklessly endangering another person.

In summarizing why they rejected Wahl’s review, the Commission wrote, “On balance, we find that these factors weigh strongly in favor of revoking the license. Moreover, several factors aggravate Mr. Wahl’s criminal conduct. His misconduct was recent and willful and involved multiple criminal acts. Additionally, he inflicted emotional harm and the risk of bodily harm—including sexual assault—to the victim and also committed fraud in tampering with evidence. Because Mr. Wahl is the owner and operator of the station, his character determines whether the license should be revoked. While Mr. Wahl’s overall record of compliance with our Rules and policies mitigates his misconduct to some extent, that factor is far outweighed by the aggravating factors discussed above. In sum, we find Mr. Wahl’s offenses to be egregious and render him unqualified to be a Commission licensee.”

Immediately following the FCC’s decision, Wahl signed WQZS off the air.

A probe against into the actual de-facto control of seven LPTV licenses was rejected towards being expanded to include two radio license holding companies. The FCC designated Jennifer Juarez’s Hispanic Christian Community Network to a revocation hearing last August over over the assignment and operation of the stations from Antonio Cesar Guel to his niece Jennifer Juarez.

As the hearing process went on, Juarez waived her right to a hearing a submitted the licenses for cancellation as Guel, a Mexican citizen unable to hold an FCC license, admitted to continuing to operate and control the stations after assigning them from HCCN to Juarez. During the discovery process responses from Guel indicated that similar processes may have happened with Guel’s role in Mekaddesh Group Corporation and Hispanic Family Christian Network owned by other members of his family.

The FCC noted that Guel, who previously stated he was a US citizen on FCC filings despite not being so, and his wife fund the Guel Family Trust, which holds 100% of Mekkadesh, but Guel attests his daughter Maria Guel is the controlling owner of both.

FCC Administrative Law Judge Jane Hinckley Halprin stated, “The record of this proceeding thus far also reveals conduct of individuals and licensees other than Mr. Guel, including but not limited to Maria Guel, that may provide evidence of unauthorized transfers of control of FCC licenses, lack of candor with the Commission, and other violations of the Communications Act and the Commission’s rules. In weighing whether to consider the additional issues requested by the Enforcement Bureau, the Presiding Judge finds the Media Bureau’s approach in the HCCN HDO instructive. The Media Bureau mentioned Mr. Guel’s connections to other Guel family businesses, including HCFN and Mekaddesh, and the involvement of other Guel family members – including Maria Guel and Cesar Guel, Mr. Guel’s son – in possible FCC violations. Despite that, the Media Bureau designated for hearing only issues associated with HCCN and the above-captioned licenses that HCCN assigned to Jennifer Juarez. At the same time, as already discussed in the February 5 Order, the Media Bureau suggested that it is investigating other Guel family licenses. Concerns regarding misrepresentations made in documents filed with the SEC also might bear investigation by that agency. The Presiding Judge has carefully considered these additional facts and circumstances and concludes that declining to enlarge the issues as requested by the Enforcement Bureau is consistent with the Media Bureau’s approach in the HCCN HDO and avoids potentially interfering with any related investigations the Media Bureau may be conducting. Further, given the scope of possible inquiry and the number of parties in addition to Mr. Guel and HCCN that the record suggests might have engaged in violations, the Presiding Judge finds that it would not be efficient to refocus this proceeding by enlarging the issues.”

Halprin continued, “While some of the discovery and filings submitted in this hearing might inform collateral proceedings involving other Guel family members and licenses, such information is also material to evaluating Mr. Guel’s candor during this proceeding, including the veracity of his declarations and possible testimony. This information similarly is material to evaluating the veracity of declarations by others that Mr. Guel has submitted, along with the possible testimony of those declarants. The Presiding Judge intends to permit limited additional discovery regarding other Guel family business activities to the extent that discovery is aimed at evaluating the veracity of Mr. Guel’s filings in this proceeding. Consistent with the Commission’s rules, that discovery must be reasonably calculated to lead to admissible evidence regarding the issues that remain in this proceeding; this is not an invitation to engage in broad discovery that is arguably not relevant. The Presiding Judge has authority to issue subpoenas requiring the provision of documents, testimony, and other information from Mekaddesh, HFCN, and others, and will exercise that authority as she deems necessary and appropriate for these purposes.”

A waiver request by tower operator Vertical Bridge will enable other tower owners to gain a waiver from the FCC requirement for quarterly inspections of certain lighting systems. The commission has granted the waiver request from Vertical Bridge and Drake Services to allow those using Drake’s LED lighting monitoring system to request a waiver from the quarterly inspection by supplying a signed certification they are using Drake’s product on their tower(s).

The FCC’s quarterly station count shows the continued decline in the number of AM stations as seventeen licenses have been cancelled since the end of 2023. Also dropping are the number of LPFMs despite the first of last year’s filing window stations making the air as the count falls by seven stations.

WP Data Tables

Pirate Actions

A pair of Hudson Valley NY property owners have been issued Notices of Illegal Pirate Radio Broadcasting. In Poughkeepsie, Keiwan Morrison & Shadae Bailey were identified as the owners where an 87.9 has been operating. Just north of The Bronx in Mount Vernon, a 104.5 was identified as operating from the property owned by Jeromio Edwards.

License Cancellations

Cumulus Media has requested the cancellation of Classic Country 1550 WLTI New Castle IN. In its filing, Cumulus said it was a business decision to cease operating the directional 250 watt signal that broadcast using two towers during the day and four at night.

After going Silent in February after its transmitter was damaged from a lightning strike, Omni Broadcasting has surrendered 1400 WFDM Fort Walton Beach FL. It’s Conservative Talk “Freedom 94.3” programming continues on 94.3 W232CF Fort Walton Beach fed via 100.3 WTKE-HD3 Niceville.

San Rafael High School has turned in the license for 88.1 KSRH San Rafael CA. The ten watt Class D had been in operation since 1980.

Marantha Church of Laredo surrendered the license of 90.5 KMPI McCoy TX.

Silent Notifications

• La Promesa Foundation 90.1 WDLG Grove Hill AL (Tower found to be unsafe)
• High Plains Radio Network 97.1 KJMT Calico Rock AR (Loss of tower lease due to lawsuit/bankruptcy)
• Spearman Land & Development 1360 KFFA Helena AR (Loss of tower lease due to lawsuit/bankruptcy)
• Genesis Multimedia Group 1350 WZKO Fort Myers FL (Barix box malfunction)
• Progressive Broadcasting System 1270 WCMR Elkhart IN (Lightning damage)
• Langer Broadcasting Group 1410 WZBR Dedham MA (Technical problems at STA site)
• High Plains Radio Network 1260 WGVM Greenville MS (Loss of tower lease due to lawsuit/bankruptcy)
• 2B Productions 1490 WSTP Salisbury NC (Move equipment to new transmitter site)
• Educational Media Foundation 89.9 KYCM Alamogordo NM (Lack of access to transmitter site)
• Educational Media Foundation 91.3 KLXZ Ruidoso NM (Ice damage to satellite dish)
• High Plains Radio Network 1570 KTAT Frederick OK (Loss of tower lease due to lawsuit/bankruptcy)
• High Plains Radio Network 96.5 KKNW Bovina TX (Loss of tower lease due to lawsuit/bankruptcy)
• Intelli 1460 KCLE Burleson TX (Transmitter problems)
• High Plains Radio Network 1590 KDAV Lubbock TX (Loss of tower lease due to lawsuit/bankruptcy)
• High Plains Radio Network 1090 KVOP Plainview TX (Loss of tower lease due to lawsuit/bankruptcy)
• High Plains Radio Network 1400 KREW Plainview TX (Loss of tower lease due to lawsuit/bankruptcy)
• Mount Rushmore Broadcasting 1230 KVOC Casper WY (No reason given)

FM Changes

In the northeast Dallas suburbs, Metro Broadcasters-Texas’ Classic Country “92.1 The Possum” KXEZ Farmersville TX proposes to change city-of-license

This story first appeared on radioinsight.com