Rep. Matthew Hill & WPWT "Private" Ownership :He's Got Some Mighty Tall 'Splain' To Do

I think that Rep. Matthew Hill needs to give a thorough explaination to federal taxpayers in Northeast Tennessee as to how his family's Information Communications Corporation (ICC) was able to convert the Hill-directed Appalachian Educational Communications Corporation (AECC) ownership of WPWT 870 AM (and perhaps other AECC owned assets such as the WHGG 1090 AM radio station once promoted by the moniker "Heralding God's Graces" --- and now referred to as the "Mighty 1090" rock n' roll AM station) --- into privately controlled assets now held by his father Dr. Kenneth C. Hill's Information Communications Corporation as federal tax code specifically states that the "...assets of an [501 (c)(3) tax exempt] organization must be permanently dedicated to an exempt purpose.:

[IRS 501(c)(3)]Exemption Requirements
http://www.irs.gov/charities/charitable/article/0,,id=96099,00.html

To be tax-exempt as an organization described in IRC Section 501(c)(3) of the Code, an organization must be organized and operated exclusively for one or more of the purposes set forth in IRC Section 501(c)(3) and none of the earnings of the organization may inure to any private shareholder or individual. In addition, it may not attempt to influence legislation as a substantial part of its activities and it may not participate at all in campaign activity for or against political candidate.

[...]

The exempt purposes set forth in IRC Section 501(c)(3)are...Educational...Advancement of education or science.

To be organized exclusively for a charitable purpose, the organization must be a corporation...The articles of organization must limit the organization's purposes to one or more of the exempt purposes set forth in IRC Section 501(c)(3) and must not expressly empower it to engage, other than as an insubstantial part of its activities, in activities that are not in furtherance of one or more of those purposes. This requirement may be met if the purposes stated in the articles of organization are limited in some way by reference to IRC Section 501(c)(3). In addition, assets of an organization must be permanently dedicated to an exempt purpose. This means that should an organization dissolve, its assets must be distributed for an exempt purpose described in this chapter, or to the federal government or to a state or local government for a public purpose. To establish that an organization's assets will be permanently dedicated to an exempt purpose, the articles of organization should contain a provision insuring their distribution for an exempt purpose in the event of dissolution. Although reliance may be placed upon state law to establish permanent dedication of assets for exempt purposes, an organization's application can be processed by the IRS more rapidly if its articles of organization include a provision insuring permanent dedication of assets for exempt purposes. For examples of provisions that meet these requirements, download Publication 557, Tax-Exempt Status for Your Organization.

An organization will be regarded as "operated exclusively" for one or more exempt purposes only if it engages primarily in activities which accomplish one or more of the exempt purposes specified in IRC Section 501(c)(3). An organization will not be so regarded if more than an insubstantial part of its activities is not in furtherance of an exempt purpose. For more information concerning types of charitable organizations and their activities, download Publication 557.

The organization must not be organized or operated for the benefit of private interests, such as the creator or the creator's family, shareholders of the organization, other designated individuals, or persons controlled directly or indirectly by such private interests. No part of the net earnings of an IRC Section 501(c)(3) organization may inure to the benefit of any private shareholder or individual. A private shareholder or individual is a person having a personal and private interest in the activities of the organization. If the organization engages in an excess benefit transaction with a person having substantial influence over the organization, an excise tax may be imposed on the person and any managers agreeing to the transaction.

Federal Communications Commission
Washington, D.C. 20554 Approved by OMB 3060-0010 (June 2002)
FCC 323 OWNERSHIP REPORT FOR COMMERCIAL BROADCAST STATIONS
FILE NO. BOA - 20010301AWW [WPWT 870 AM]

Owner Information

List the respondent, and, if other than a natural person, its officers, directors, stockholders and other entities with attributable interests, non-insulated partners and/or members. If a corporation or partnership holds an attributable interest in the respondent, list separately its officers, directors, stockholders and other entities with attributable interests, non-insulated partners and/or members. Create a separate row for each individual or entity. Attach supplemental pages, if necessary.
(Read carefully - The numbered items below refer to line numbers in the following table.)
1. Name and Address APPALACHIAN EDUCATIONAL COMMUNICATION CORP.
2. Gender (male or female)
3. Ethnicity (check one)
Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more)
American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest N/A
7. Percentage of votes 100.00
8. Percentage of total assets (equity debt plus) 100.00

Yep...WPWT 870 AM was 100% owned by Appalachian Educational Communications Corporations back in 2001 according to the FCC Ownership statement filed by Dr. Kenneth Hill and federal tax code states that "...assets of an organization must be permanently dedicated to an exempt purpose."

Perhaps we should now be asking the following question of Rep. Matthew Hill who is the operations manager of the so-called "Appalachian Radio Group": just how did his father Dr. Kenneth C. Hill's Information Communications Corporation by 2006 end up with a 51% per cent private for-profit" ownership share of the AECC-owned WPWT 870 AM?

FCC 323 Ownership Report For Commercial Broadcast Station BOA - 20060303AAW [WPWT-870 AM)]

Elizabethton Star Endorses Bob Corker For U.S. Senate

The June 12, 2006 edition of the Elizabethton Star published the Star editorial endorsemnet for Bob Corker to be elected as the next U.S Senator0 from Tennessee to replace U.S. Senator Bill Frist --- and this Star endorsement has already upset some of the "Gregory for Bryant" crowd in Northeast Tennessee as the "Northeast Tennessee Right To Life" clubhouse opinion critcial of both the Star endorsement of candidate Corker and personified by Michelle Gantz was recently published as a letter to the editor.

Why is it that Michellle Gantz and Northeast Tennessee Right To Life cannot seem to produce an organizational statement concerning RU-486?

The WPWT 870 AM Breakfast Mistake of the Tri-Cities cannot seemingly find enough bad things to say about Corker nor keep from prattling on about the "merits" that the Hills (echoing the Gregorys) that they attribute to former U.S. Congressman Ed Bryant during "Good Morning Tri-Cities".

Click on the title link above to read the Star endorsement of Corker...

Confirmed by the FEC: Timothy Hill "Appalachian Radio Group" Director

Not that ""Appalachian Radio Group" is a legal entity in the sense of having a valid Sullivan County business license, Federal Communications Commission records, or that this Hill-constructed d.b.a. is registered as a business name with the Tennessee Secretary of State, it can be confirmed that the brother of 7th House District Rep. Matthew Hill is now being listed as the "Appalachian Radio Group" Director on the Federal Election Commission campaign donator records of 1st Congressional House District candidate David Davis.

"Appalchian Radio Group" is a shorthand moniker that the Hills use describe their comingled operations of both the 501(c)(3) tax exempt Appalachian Education Communications Corporation (i.e.: WHCB FM and the Cameo Theatre) and Information Communications Coporation (i.e.: WPWT AM, WHGG "The Mighty 1090" AN, and another AM station).

Accoding to federal records, the morning host of WPWT 870 AM "Good Morning Tri-Cities" gave $250.00 to the 2006 Davis congressional campaign on March 30, 2006. Hill (to the best of my knowledge) has not yet disclosed to his audience anything about his 2006 campaign donation to the Davis campaign during his "Good Morning Tri-Cities" talk radio show which features Hill prattling about mostly state political issues.

Hill regularly has federal candidate Davis calling into his morning program as a guest...perhaps Davis will be willing to discuss the ramifications of his campaign falsifying FEC campaign records.

HILL, TIMOTHY
BLOUNTVILLE TN 37617
03/30/2006 250.00
APPALACHIAN RADIO GROUP/DIRECTOR
O26930059720

Tennessee Secretary of State - Business Name Search

Tennessee Secretary of State - Business Information Search

WPWT: Wrong Place, Wrong Time

I have been monitoring the Breakfast Mistake of the Tri-Cities on WPWT 870 AM for the past two mornings, all while listening to little brother Timothy whine about the U.S. Senate republican primary candidate Bob Corker not responding to an invite to participate in an on air, three-way republican debate at the WPWT studios.

Good move, Bob.

Perhaps Corker is wanting to avoid what happened to former State Rep. Bob Patton who accepted an invite to appear as a guest on WPWT "Good Morning Tri-Cities" back in 2004 --- Patton (who was at the time being challenged for his 7th District House seat by AECC & WPWT operations manager Matthew Hill) later found that candidate Hill was airing anti-Patton political ads composed of fractured sound bites lifted from the Patton interview with WPWT. Given that the Hill crowd is serving their Gregory masters and landlords and have already stated the preference for Ed Bryant, it is not unlikely that a similar fate would also fall to Corker (or other political candidates opposed by the Gregorys and the Hills) for accepting any WPWT appearance offer.

Another reason that Corker may have declined may fall back to WPWT 870 AM share of the Northeast Tennessee regional radio audience:

Radio-Online
http://ratings.radio-online.com/cgi-dos/$rolfree.exe/arb354
#99 Johnson City-Kingsport
Spring Phase I Arbitrends (Updated: 06-08-06)
(12+ Population: 452,000) (Surveyed: Continously)

Station
Sum 05 [per cent of population]
Fall 05 [per cent of population]
Win 06 [per cent of population]
Spr P1 [per cent of population]
Format Owner

WPWT-AM
Sum 05 0.7
Fall 05 N/A
Win 06 0.5
Spr P1 0.5
News/Talk
Information Communications Corp.
(12+ Population: 449,800) x (.005) =
2,249 Average Quarter-Hour Persons (AQH Persons)

WFHG-FM
Sum 05 2.4
Fall 05 2.0
Win 06 2.4
Spr P1 2.0
News/Talk
Bristol Broadcasting

WFHG-AM
Sum 05 0.6
Fall 05 0.5
Win 06 0.5
Spr P1 0.5
News/Talk
Bristol Broadcasting

WJCW-AM
Sum 05 2.4
Fall 05 2.4
Win 06 2.6
Spr P1 2.2
News/Sports
Citadel Communications

WKPT-AM
Sum 05 0.9
Fall 05 1.3
Win 06 1.2
Spr P1 0.7
Nostalgia Glenwood Communications
The WKPT Radio Network AM 1400, 1490, 1590
[WKPT plays some rather nice "elevator music" and still smokes WPWT.]

Totals are Persons 12+, Monday-Sunday, 6am-midnight, quarter-hour
shares for the metro survey area.

Radio Ratings - Arbitron Terminology
http://ratings.radio-online.com/arbterm.htm

Average Quarter-Hour Persons (AQH Persons)
The average number of persons listening to a particular station for at least five minutes during a 15-minute period.

Average Quarter-Hour Rating (AQH Rating)
The AQH Persons estimate expressed as a percentage of the population being measured. This estimate is printed for the MSA and DMA. It can also be computed for the TSA.

[AQH Persons / Population] x 100 = AQH Rating (%)

Cume Persons
The total number of different persons who tune to a radio station during the course of a daypart for at least five minutes.

Cume Rating
The Cume Persons audience expressed as a percentage of all persons estimated to be in the specified demographic group.

[Cume Persons / Population] x 100 = Cume Rating (%)

Rating (AQH or Cume)
The audience expressed as a percentage of the total population.

[Listeners / Population] x 100 = Rating (%)

Share
The percentage of those listening to radio in the Metro who are listening to a particular radio station.

[AQH Persons to a Station / AQH Persons to All Stations] x 100 = Share (%)

Save your campaign money while you are at it, Corker...

FCC Commissioner (Not) State of Franklin PAC President Kenneth C. Hill

wrathofkahn.ORG
Issue 23
December 12, 2005

NOW IS THE TIME FOR ALL GOOD MEN(AND LADIES) TO COME TO THE AID OF THEIR COUNTRY

Kenneth Hill is nominated for FCC Commissioner

The WRATH is honored to have as this issue's senior author Dr. Ken Hill, who was recently nominated for FCC Commissioner by Senator Frist, Majority Leader of the Senate.

He is, if I remember correctly, the first broadcaster (and also non-lawyer) to be nominated to join the FCC for over two decades, and WOW do we need him now.

There is a brand new boss at the FCC (Kevin Martin) and three of the five Commissioners are to be appointed. Fortunately, Senator Frist took the FCC situation seriously and nominated Ken, a real broadcaster who operates six stations (WHGG, WPWT, WJFC, WOLD, WABN, all AMers and WHCB-FM). Not only is he a solid owner/manager, but has a really, really keen interest in new technology. And Dr. Hill has vowed, if selected, he will name as his key advisor an EXPERT engineer, a man I have known and respected for over some 20 years.
[...]

Because of our friendship Dr. Hill as a really, really ethical person will recuse himself from voting on Digital Radio, but not to worry, he will do all he can to support Chairman Martin in driving Washington lobbyists from their inordinate position of power in influencing FCC technically based Rulemakings.

NOW IS THE TIME for you, dear reader, to write, e-mail, or shout to your Senator, his or her spouse, girl or boyfriend WE NEED KEN HILL ON THE FCC. PLEASE, PLEASE SPEND AN HOUR NOW IN SAVING YOUR FUTURE IN BROADCASTING. CHAIRMAN MARTIN NEEDS YOUR HELP. (Send me a copy... but not any notes to the girlfriend, be discrete.)

I, Leonard R. Kahn, whose Mother, would be so proud that I have as a friend Dr. Hill who was nominated by Senator Frist, who may well be the next President, truly believe that the above stated facts and opinions are accurate and are not meant to mislead.

The Plum Book (United States Government Policy and Supporting Positions): 2004 Edition

Every four years, just after the Presidential election, the United States Government Policy and Supporting Positions, commonly known as the Plum Book, is published, alternately, by the Senate Committee on Governmental Affairs and the House Committee on Government Reform. The Plum Book is used to identify presidentially appointed positions within the Federal Government.

The Plum Book (United States Government Policy and Supporting Positions): About

Published by the Senate Committee on Governmental Affairs and the House Committee on Government Reform alternately after each Presidential election, the Plum Book lists over 7,000 Federal civil service leadership and support positions in the legislative and executive branches of the Federal Government that may be subject to noncompetitive appointment, nationwide. Data covers positions such as agency heads and their immediate subordinates, policy executives and advisors, and aides who report to these officials. The duties of many such positions may involve advocacy of Administration policies and programs and the incumbents usually have a close and confidential working relationship with the agency or other key officials.

The major categories of positions listed in United States Government Policy and Supporting Positions include:

• Executive Schedule and salary-equivalent positions paid at the rates established for levels I through V of the Executive Schedule;


• Senior Executive Service "General" positions and Senior Foreign Service positions;


• Schedule C positions excepted from the competitive service by the President, or by the Director, Office of Personnel Management, and other positions at the GS-14 and above level excepted from the competitive civil service by law, because of the confidential or policy-determining nature of the position duties.

The Plum Book is used to identify presidentially appointed positions within the Federal Government. The list originate in 1952 during the Eisenhower administration. For twenty-two years prior, the Democratic controlled the Federal Government. When President Eisenhower took office, the Republican Party requested a list of government positions that President Eisenhower could fill. The next edition of the Plum Book appeared in 1960 and has since been published every four years, just after the Presidential election.

GPO Access contains the 1996, 2000, and 2004 editions of the Plum Book. Files are available in Adobe Portable Document Format (PDF) only. The next version of the Plum Book will be prepared for publication immediately following the November 2008 Presidential election.

Kevin J. Martin, Commissioner (2004, .pdf)
PAS (Positions Subject to Presidential Appointment with Senate Confirmation, .pdf)
EX Pay Plan Level, Grade, or Pay IV ($136,900; 2004) .pdf

***

FCC 323 OWNERSHIP REPORT FOR COMMERCIAL BROADCAST STATIONS BOA - 20060303AAW (WPWT 870 AM)

Kenneth C. Hill self-identifies as [x] American Indian or Alaska Native on the FCC 323 and as "W" (white) on his Tennessee Voter Roll Card (December 5, 1983. #1476 Sullivan County).

"School Choice": The Home-Fooled Assault On Tennessee Public Education

There is a very weird far-right assault underway against public education as demonstrated by the 2006 campaigns launched by self-described "School Choice" candidates running for state and local offices in Washington County, Tennnessee --- the upshot is that "School Choice" is a political money grab seeking to transfer both tax and grant revenues away from public education in Tennessee and allocated toward subsidizing private home schooling activites. Two emerging School Choice candidates include the Tennessee 6th House District candidate Patti Jarrett and 3rd District Washington County Board of Education candidate Kurt Fagerburg:

School Choice

One of the most important things we can do to improve education in Washington County is to let parents choose the best education possible for their children through a public/private education partnership.

We should allow parents to use a portion of the funds they contribute to the public schools to pay for education in a private school if they feel their child's education needs would be better met that way.

Not only does this make sure every child gets a top-flight education -- whether they stay in the public school or go to a private one -- but it reduces the overall cost of education to the taxpayer and relieves school overcrowding. In fact, this is an alternative to building new schools in the county to accommodate our growing student population.
[...]

Kurt Appears on Good Morning Tri-Cities (mp3)

Kurt appeared on Good Morning Tri-Cities with Timothy Hill on Power Talk 870 on April 17th. Power Talk has allowed Kurt to post the interview on this site. [WPWT very likely provided Fagerburg with a DAT recording of the interview as this file is posted to Fagerburg's server instead of the server for the WPWT web site]

Listen to Kurt explain how our school system can be improved and how school choice will help save Washington County taxpayers from millions of dollars in higher property taxes.
approximately 14 minutes download on dail-up ISP;
"home schooling @6:30,
Washington County taxpayers subsidizing "School Choice" @11:30.


About Kurt: The Fagerburg Family

Kurt works in information technology at Citi Commerce Solutions in Gray. He has worked in technology and marketing for non-profit organizations and technology firms for eight years. He recently earned a Master's degree in Business Administration from East Tennessee State University and he has a Bachelor's degree in Political Science from Brigham Young University.

The first problem that I see up front about the School Choice concept is the pretext that somehow the portion of local/state taxes paid by home schooling parents exceeds the amount of educational state and federal grant monies and local tax revenue per student that are lost when a child is removed from a public school system and placed into a home school situation.

The second problem a see if electing a candidate to a school board or the Tennessee General Assembly who holds a mental reservation against public education in general, and more specifically refuses to enroll his or her own children within the public school system that they are wanting to control through either board management or state legislation:

School Board/County Commission Forum in Jonesborough Tonight
Filed under: Law/Politics — Jama at 8:30 am on Tuesday, May 9, 2006

I just got an email from Kurt Fagerburg concerning the School Board/County Commission Forum going on tonight at the Jonesborough Visitor’s Center from 5:30-9:00. Kurt, by the way, is fantastic - a candidate for school board who supports home schooling (and even home schools his own children) can’t be bad. And, according to his email, he disagrees with the Teacher’s Union on “just about everything,” so, there are couple more points in his favor.

I don't know how the citizens of Utah approach the "School Choice" isssue, but Kurt Fagerburg appears to be the crackpot voters' for four years or so of built-in conflict directed toward students, educators, staff, and administrators working within the Washington County School System.

Score Another One for Kurt Fagerburg!
Filed under: Law/Politics — Jama at 7:11 am on Friday, May 19, 2006

Kurt Fagerburg, candidate for school board in Washington County, is proudly in favor of school choice. As a soon-to-be mom who will be homeschooling [sic], I am thrilled that Kurt is running and sticking to his belief that school choice is the soluction[sic] to the school overcrowding problem rather than building programs. My only question is, what about homeschoolers [sic]? Will we benefit from Kurt’s school choice plan? I know that Kurt homeschools [sic] at least one of his own children, so I can only hope that his plan allows for refunds to homeschooling [sic] taxpayers as well.

School Choice is Solution, not Building Program

Kurt Fagerburg, candidate for the Washington County Board of Education in the 3rd district, believes that school choice is the best way to alleviate overcrowding in the public schools and improve the quality of education.

“If we implement school choice we will significantly improve the quality of education inthe county, fix our overcrowding problem, and save the county taxpayers at least $100 million in unnecessary building program spending,” said Fagerburg.

“Current school board members will tell you that 30% of our high school graduates have to take remedial classes when they get to college. Additional building projects will not solve that. The proposed building program will use up already limited resources, put the county into enormous debt, and give us more of the same mediocre results. We need to try something different to fix our schools – and school choice is a solution,” Fagerburg said.

Fagerburg’s plan is to refund to parents who choose private schools a portion of the per-pupil spending allowance to help pay for tuition at one of the many private schools in the area. Currently Washington County spends over $6,000 per pupil.

“If we give parents a choice, many of them would choose to have their children attend a private school – especially since we have some very good ones in the area. If enough parents made that choice our public school overcrowding problems would be fixed. We wouldn’t need to build those additional buildings,” said Fagerburg.

According to Fagerburg, whenever school choice has been implemented the public schools have benefited. Since private schools cost less to run than public schools, the refund to parents who choose a private school will save taxpayers money. It would also increase the dollars spent per pupil remaining in the public schools.

“This is a win-win situation. Parents get more flexibility for their children’s education and the public schools have more resources per pupil. This is a solution that makes sense for Washington County,” Fagerburg said.

6th House District candidate Patti Jarrett has also been spewing similar School Choice rants through her 2006 campaign web site and telephonic conversations with Timothy Hill during WPWT 870 AM "Guten Morgen Tri-Cities":

Patti Jarrett - Platform.

Patti Jarrett - Qualifications.