OK...I let this go for a day or so...but now I am going to ask.
How is this illegal? If the Globe provided some programming for WGBH, would that be illegal?
If Bay Windows provided some programming to WERS would that be illegal?
http://www.wuml.org/new/new/suninfo.php
It is not illegal to provide content, but there is a FINE line between providing content, and turning a non comm FM into a partner with a local newspaper, that would provide the morning show 5 days a week.
Now if they did it without ever mentioning the name "Lowell Sun", or referencing it other than in passing, that is fine, but from what I remember at the time, that was not the case.
What they did went way beyond "underwriting" in my opinion, and at the time I did a lot of digging into the legalities of the deal, including talking with law firms down in DC, and I stand by my opinion it was illegal and in violation of the license, and had it gone on to renewal time some of us were prepared to challenge the license renewal.
What would your opinion be of say..... Boston Herald Radio being aired on WGBH-FM?
I would suggest reading 47 U.S.C. S 399b and Section 503(d) of the Rules, 47 C.F.R. S 73.503(d).
Also this FCC determination against the University of New Mexico
http://transition.fcc.gov/eb/Orders/2013/DA-13-1432A1.html
there are a few more here:
http://transition.fcc.gov/eb/broadcast/enhund.html
Note the section 399B is pretty specific " advertisements are defined as program material broadcast "in
exchange for any remuneration" and intended to "promote any service,
facility, or product" of for-profit entities."
Now how can a program that has a name that is a play on words of the newspaper, with significant content provided by the paper, staffed by the paper, etc etc etc not be considered promoting the for profit entity?
With the FM spectrum in this area packed why would you risk a challenge to your license or the wrath of the FCC by pulling such a stunt?