Radio host's fee showed poor judgment
BY JOHN KIESEWETTER
The Cincinnati Enquirer
Did Lincoln Ware support the riverfront baseball stadium site on his WCIN-AM (1480) talk show because he liked the location, or because the campaign committee paid him $4,081.33?
Good question.
Campaign finance reports filed by the Move Greater Cincinnati Forward!campaign, which successfully marketed the Main Street site in the Nov. 3 election, show that the WCIN program director had been paid two “consulting” fees:
• $1,083.33 on Sept. 30, five weeks before the election.
• $2,998 over “various” dates before the Dec. 9 filing with the Hamilton County Board of Elections.
Mr. Ware insists he did nothing wrong.
Technically, he's right. But accepting money from one side in a highly charged political campaign is a gray area I think every talk show host would want to avoid.
If someone could prove a radio personality was being paid to express an opinion on the public airwaves — without disclosure — the radio personality could face jail and a stiff fine.
It's the old payola law, enacted in the 1960s to stop record companies from paying stations for playing certain songs.
Mr. Ware says it wasn't payola. It was work.
“I did some consulting for them, some research,” says Mr. Ware, 48.
“I did some research on Summit County, about their charter (form of county government).”
Christy McMurry, “Move” campaign manager, says Mr. Ware “came to (campaign chairman) John Schneider on his own and asked if he could do some volunteer work, and help in any way, because he was in favor of the riverfront location.
“He did some research for us. And he helped us get in some of the African-American churches, and helped us get the issue to African-Americans,” she says.
If that's so, then Mr. Ware didn't violate the Federal Communications Act.
“If, in fact, this on-air personality at the station has received money from this group, and it's exclusively for doing research and other non-broadcast activities, there is nothing at the FCC that would prohibit him from doing that,” says Bobby Baker, an attorney for the Federal Communications Commission in Washington.
But if the radio personality is paid “to disseminate particular views,” the law requires him to notify station managers. Then the station must inform listeners of the situation every time the person expresses that opinion on the air, “so the public knows by whom they're being persuaded,” Mr. Baker says.
Mr. Ware admits he didn't tell listeners he was being compensated by the “Baseball on Main” backers. He also says his audience convinced him that Broadway Commons, near the Over-the-Rhine neighborhood, was not suitable for the new baseball stadium.
“I was for Broadway Commons in the beginning. Then my callers convinced me that people would be displaced, and it wouldn't be good for the homeless, if they built the stadium there. That really changed my opinion,” he says.
The radio personality says he made sure to give equal time to Mr. Schneider and Jim Tarbell, who campaigned tirelessly for the Broadway Commons.
“I did not give John Schneider any special treatment on the air,” he says. “I was not biased.”
That's not what Mr. Tarbell says.
The Cincinnati City Council member says he askedto go on the Lincoln Ware Showbecause he “was struck by how biased he (Mr. Ware) was” against Broadway Commons.
When told that Mr. Ware received fees from Move Greater Cincinnati Forward!, Mr. Tarbell says: “That doesn't surprise me at all. I felt that way, so much so that I almost said it out loud: "Lincoln, how much are they paying you?'”
My questions about the payments also surprised John Thomas, WCIN-AM owner and general manager. He didn't know about them until I called Thursday, six weeks after the election.
“I don't have a problem with any employee doing outside work. The DJs do that all the time,” Mr. Thomas says.
“But I do want to know what's going on. It's important, because if anything does come up, I know about it, so I can address it.”
Mr. Baker, the FCC attorney, says the radio personality, “because of the appearance of the situation, should want to inform station management.”
Mr. Ware, who has spent 22 of the last 25 years at WCIN, didn't tell his boss “because it wasn't an on-air thing.”
Again, he says he didn't do anything wrong.
“Bill Cunningham (WLW-AM talk host) is a Republican, and look how he bashes (President) Clinton. He's in the Republican Party, and he's pushing for impeachment. What's the difference?”
There's a big difference.
Mr. Cunningham doesn't take money from the Republican Party. In fact, his Jacor contract prohibits earning income from another source without the written approval of his employer. And all of his listeners know his politics, know his affiliations.
Mr. Ware didn't do anything illegal. What he did showed poor judgment. Now anyone can question his credibility any time he expresses an opinion.
Lincoln, how much are they paying you?
Unfortunately, that will be a legitimate question.
John Kiesewetter isEnquirer TV/radio critic. Write: 312 Elm St., Cincinnati 45202; fax: 768-8330.
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