From: Nia Bediako <niajamcu@gmail.com>
Date: Monday, February 18, 2013 3:06 PM
To: PNB <pnb@pacifica.org>
Cc: <breimers62@earthlink.net>
Subject: URGENT ACTIONS NEEDED ON WBAI ANTENNA
Colleagues on the PNB and LSB,
It has come to my attention and is causing me considerable alarm that the owners of the Empire State Building (ESB), the location of WBAI's antenna, has commenced a lawsuit, a "holdover proceeding," to terminate its relationship with WBAI. That is, the ESB's owners seek to terminate the station's lease, which is due to expire several years from now, and to remove WBAI from its antenna position. This means that a check for the overdue rent (at $50,000 per month) is probably not sufficient to resolve the issue.
Meanwhile, I understand that Silverstein Properties, the owner of the building at 120 Wall Street (the location of the studios that the station is about to vacate) has served a rent demand notice, a step toward commencing a nonpayment proceeding in the New York County civil court.
I am shocked that neither the PNB nor the LSB has been informed of the commencement of either of these litigations, one directed against our continued broadcast relationship with the Empire State Building, and the other serving legal notice of a rent demand due to nonpayment to Silverstein — although both were served on Pacifica several months ago.
In my view, both the lawsuit and the notice of litigation are serious – the ESB action particularly so – and the situation requires the following immediate actions:
1. The Interim Executive Director should schedule a discussion with the General Manager and the attorney handling both cases for Pacifica during the upcoming PNB meeting, and the GM should arrange a similar discussion at the next LSB meeting.
2. The GM should compile and forward to the PNB and LSB within 4 days a written history of rental payments for the studio and antenna for the past five (5) years.
3. The GM should forward to the LSB a specific written plan for catching up and keeping up on the antenna rent by Tuesday, February 25 in preparation for the LSB meeting on Thursday, February 28, and he should present the plan at that meeting.
Respectfully,
Nia Bediako
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