CPRB Commentary, by Jimmy James Jr.

COMMENTARY PART 2 (with corrections)

CPRB Readers,

Today, I want to continue to address some great comments and questions from one of our many Anonymous readers of (and posters to) Colorado Public Radio Blog. You can read Commentary Part 1, by Jimmy James here.

Anonymous states: “Thanks to HD radio, today's FM stations have the capability to transmit multiple programs on a single frequency. On HD1, KVOD (90.1-FM in Denver) has never sounded better on FM. On HD2, KCFR (1340-AM in Denver) has never sounded better on FM or AM. And CPR's stations are not alone. Eleven (11) other Denver stations are multicasting with two channels. Others will follow.” {Hyper links, parenthetical additions, and other emphases added by CPRB authors}.

Jimmy James responds: Colorado Public Radio Blog authors agree; multi-casting programs in digital-only format, using existing bandwidth on both the AM and FM band, is a sea change in terrestrial broadcasting. Colorado Public Radio Blog authors never suggested otherwise. Qualitatively and quantitatively, HD radio may provide substantially more programming at higher fidelity, but HD radio’s successes or failures will be measured by the degree to which listeners adopt and invest in upgrades (and entire replacements) of their existing and completely-functional equipment, and to the extent that listeners choose HD radio over other means of digital receipt (via computers, portable music players, podcasts, WiFi radios, and wide-area wireless networks).

Colorado Public Radio for example, became an early adopter of HD radio, through a substantial grant from the Corporation for Public Broadcasting (for Vail) to upgrade to HD radio (CPRB could not find links to the CPB grants Colorado Public Radio received for Denver and Boulder). In other words, the CPB subsidized these upgrades, which were also undoubtedly paid for by CPR's members. Colorado Public Radio (like many other large, metropolitan public radio stations and networks), should be heartily commended for applying for and receiving these grants, and for properly joining that substantial financial largesse with the contributions from individual, corporate, and foundational supporters.

In the case of one Denver-area commercial station mentioned in the list provided by Anonymous, KBCO 97.3 FM (which broadcasts in Denver and Boulder, Colorado, and for which Colorado Public Radio’s KCFR 1340-AM likely possesses significant listener overlap), this station’s choice of discreet programming on 97.3-FM HD-2 is called KBCO’s Studio C; a separate service which is transmitted commercial-free. So, it is not simply a simulcast of what the radio station otherwise offers on another radio frequency or radio band.

By contrast KCFR-AM News & Information and KVOD-FM Classical Music (Colorado Public Radio's actual station call letters in Denver, and the brand names by which CPR identifies them throughout its statewide network) are serving up the same content, and perhaps different ratios of the same content (as is the plan for Vail), but they are not really serving up distinctly different content.

In short, qualitative difference and quantitative differences can and should be considered together--not separately--when one gauges the decision of transmitting in HD (not simply the capability to do so). Serving the same basic food in an upscale restaurant could certainly make one’s restaurant experience more palatable; however, it does not make the food tastier—especially when the check arrives.

Anonymous further states: “Ever since Frances Koncilja went public about her disagreements with Colorado Public Radio’s Board, the prospect of selling the AM stations has been represented as a travesty that would deprive listeners of service. Either classical or news programming would be broadcast on HD2, making it available only to listeners who own HD radios. Far worse things could happen to a format.”

Jimmy James responds: The above comments greatly gloss over the disagreements that Frances Koncilja had with the Colorado Public Radio Board and Management. Without speaking for her, I will briefly discuss each of her issue here. As well, she has many entries on Colorado Public Radio Blog where interested readers can view her opinions, observations, comments, and the actual supporting documents she uses to make her case. In sum, here are her disagreements, listed in not particular order or precedence:

1. HD Radio: HD radio (generally) and HD radio (specifically) in Vail, Colorado. Since we have already discussed many issues pertaining to HD radio generally, I will address Frances Koncilja’s issues with HD radio, specifically in Vail, Colorado. First, Colorado Public Radio broadcasts a mixed format of news and information (KCFR-AM) and classical music (KVOD-FM) on a single FM station in the Vail Valley (89.9-FM KPRE). This circumstance is likely due to the fact that there are no usable FM frequencies in the non-commercial band or affordable frequencies in the commercial band for Colorado Public Radio to acquire.
   
   Second (according to Frances Koncilja), the planned move to HD radio by CPR in the Vail Valley was decided by Colorado Public Radio Management, with insufficient Board discussion, without supporting research, significantly devoid of community dialog, and absent listener and listener-subscriber input. CPR broadcast changes will greatly affect Vail listeners, because owners of standard AM/FM radios will receive either 24 hours of news OR 24 hours music; whichever CPR decides to broadcast on the primary, FM frequency. The same deprivation will happen in Denver, Boulder, and Pueblo, Colorado if Colorado Public Radio makes the same decisions on behalf of its listeners and listener-subscribers in these markets too.
   
   Thus, Colorado Public Radio lacked diligence in its decision to rollout HD radio in one of its affiliate markets. So, to represent this disagreement as a criticism of HD radio per se, is fallacious, in that it is overly general. As a Colorado Public Radio Board Member, what Frances Koncilja expected from the Colorado Public Radio Board and Management was transparency and inclusion. What novel ideas in public radio!
   
   
2. The Board: Board Membership total size and diversity representation are two related disagreements that Frances Koncilja has with Colorado Public Radio. During her four years on the Board, it shrunk from more than twenty (20) members to just eleven (11). And, it was Colorado Public Radio’s tentative plan to further decrease the Board to nine (9) total members (*this item was withdrawn on motion); presumably bolstered by and unknown collection of members who comprise CPR's Community Advisory Group. And while gender diversity is well-represented on CPR’s Board, racial diversity is not—it is absent. Thus, shrinking the total size of the Board will further reduce the opportunities for people of color to represent Colorado’s diverse constituencies. Real inclusion and genuine diversity--brilliant!
   
   
3. Board Subsidy of KCFR Content Development: In addition, Colorado Public Radio’s newly-formed, but substantially smaller Board of Directors, may require that each member of the new-and-improved Board to commit to giving or getting contributions to Colorado Public Radio at or above the $25,000 level. In the past two years for example, Colorado Public Radio Board Members have authorized a combined amount of $500,000 to be spent on the the so-called KCFR News Colorado News Initiative, allowing management to dip into reserves if necessary. *CPRB does not know however, the exact amount of money Colorado Public Radio has spent thus far on the two-year-old News Initiative.
   
   In Frances Koncilja’s opinion, the investment so far has not netted the quality and quantity of news content expected, given the high contribution costs by the present Board Members. Will future financial infusions result in substantive news or music programming changes? Fiscal discretion and oversight--outstanding!
   
   
4. Board Governance, Company Mission Statement, and CPR Control: Finally, Frances Koncilja believes that the Colorado Public Radio Board spent inordinate amounts of time, effort, and financial resourses (in the form of consultant costs paid to Bill Charney of Charney Associates), to re-work Colorado Public Radio’s Board Governance Rules and Company Mission Statement (this board governance item was also withdrawn on motion, and it was agreed to commence a new governance process). Further, she believes that Colorado Public Radio management inefficiently and ineffectively spent these scarce resources on onerous administrative details when other issues appeared to be more urgent. Leadership and guidance in governance--unthinkable!
   

We will leave it to the readers to review past posts and comments on Colorado Public Radio Blog and in Denver Westword to determine the veracity of Frances Koncilja’s statements, claims, and arguments. If you post your comments on CPRB, Frances Koncilja will attempt to answer each one, as best she can and as time permits.

At Colorado Public Radio Blog, we welcome discourse about the issues surrounding public radio in Colorado. Once again, thanks for reading CPRB.

--Jimmy James Jr.

A New Mission Statement for Colorado Public Radio--yet another reason I resigned.

One of the things that Mr. Bill Charney, CEO of Charney Associates, "helped" the Colorado Public Radio Board do was to come up with a new Mission Statement. Here is the current one:

"The mission of Colorado Public Radio is to create and distribute public radio programming for the people of Colorado, to be an educational and cultural resource for our audiences, and to reflect the ideas and concerns of listeners throughout the state."

I thought this original mission statement was pretty good. It was a bit long, but said the mission was to "create and distribute public radio programming." Of course, CPR has not done much of the creation part and does not seem to have a plan to create content. How can you when you spend thousands of dollars and six months of times in "governance" that is so bad it is withdrawn.

Mr. Bill Charney, for I assume thousands of your dollars, helped the board develop this proposed new mission statement. It is so long, I do not quite know what it means. I think nothing. But isn't that what happens when you use the passive voice and use three quarters of a page to say what the old mission statement said in a few lines?

If I remember my Elements of Style by William Strunk Jr. and E. B. White, the passive voice is rarely a good idea. How do you like "is made available" rather than "create?" You should be interested in knowing that management and the officers of Colorado Public Radio and Mr. Bill Charney "requested" that each Board Member fill out a questionnaire (it took about thirty minutes for the 16 or so on the Board to complete). We then spent a whole evening discussing it and another whole day, and this new mission statement is what we got.

But there is more. Wait till I tell you about the "draft" Governance Rules for the Board. I do not think in the pages and pages, the draft rules used the term "fiduciary duty" at all! Nor did they mention a responsbility of the board as being wise stewards of the resources of CPR. These rules, which were withdrawn in June 2007 after I raised a stink, were (in my opinion), created to give CPR Management close to unfettered control, and to keep the Board busy with process, and to distract us from the fact that Colorado Public Radio was creating very little new radio content.

"Why I Resigned," by Frances Koncilja.

I love public radio! Of all of the boards and committees on which I was asked to serve, the Board of Colorado Public Radio excited me the most. In fact, I was so excited, I made a commitment to contribute $75,000 to CPR ($62,500 of the pledge is paid.) But after four years of service, it was clear to me that current management cannot deliver local news or local culture, even though the Board committed $500,000 a year to the "KCFR News Initiative."

That resolution was adopted on June 22,2005. So, where is KCFR over two years later? Is there much new content besides promotions about new content? Is there new content during the morning and evening drive times? No. Just recycled pieces of Colorado Matters, the weather, and some "rip-and-read" from the Associated Press wire service. I do not think such a paltry bit of content is worth the expenditure. And, I do not think that current management is using donors' dollars responsibly.

Rather than deal with these problems, and a couple of others, board and management (President and Ex-Offico member of the Board Max Wysick, Board Chair Barry Curtriss-Lusher, Vice Chairs Virginia Berkeley of Colorado Business Bank, and Ron Cooper) decided to embark on a board governance process. I am a lawyer, and I love process as much as anyone, but only if it has a purpose. Even though we spent thousands of dollars on a consultant (Bill Charney of Charney Associates), they would not tell me how much; and even though the Board spent hours upon hours on the process, the result was such a debacle that it was withdrawn in June 2007 (I will give you more details on that later).

As my friend Judge Monroe McKay, former Chief Judge of the Tenth Circuit Court of Appeals used to say, "Just because they put honey and butter on a horse biscuit, does not mean you have to eat it." I got tired of being forced to eat the horse biscuits, so I decided to go public to let you know what is going on, and to give support to the current Board Members who have reservations about all of this.

Frances Koncilja Joins "Colorado Public Radio Blog."

Please welcome attorney Frances Koncilja, former Board Member of Colorado Public Radio, to the Colorado Public Radio Blog and learn what astute insights she has about public radio in Denver and throughout Colorado. Besides CPR Governance Under Fire in public broadcasting's trade magazine, Current.Org, find out what else she has to say by checking back soon for her pithy posts and critical comments about our valuable community resource--public radio.