FCC Affirms Revocation Order – WQZS License Revoked

April 4, 2024 Off By Ken Hawk
Roger Wahl - aka "The Commander" at work at WQZS.
Roger Wahl, at work at WQZS in Meyersdale, where he has hosted the morning show as “The Commander” since the station’s inception in 1992.

Roger Wahl is no longer qualified to hold a radio station license, according to an order issued yesterday by the Federal Communications Commission.

In the nine-page Order on Review, FCC Secretary Marlene H. Dortch denied Wahl’s Application for Review of the revocation order for the license of WQZS – the Meyersdale-licensed FM station he founded in the early 90’s.

“Mr. Wahl asserts that the facts surrounding his convictions ‘do not neatly compare to those considered disqualifying in other hearing cases in that “they did not involve fraud, bribery, perjury, or bodily injury’, wrote Dortch in the order. “On the contrary, the facts surrounding his convictions implicate both fraud and bodily injury,”

Wahl, 73, was arrested in the summer of 2019 for creating a false online dating profile, in which he orchestrated a scheme where he would solicit men willing to rape her. Wahl had also hidden a trail camera in the bathroom of the victim’s residence and used images from it to complete the ruse.

“While his victim did not suffer bodily injury, his criminal conduct foreseeably placed his victim at risk of sexual assault. Mr. Wahl recklessly engaged in conduct that by definition placed or may have placed his victim “in danger of death or serious bodily injury,” wrote Dortch. “Moreover, the court declared that he caused his victim “substantial emotional harm” and went to a significant extent “to perpetrate harm” on her.”

Dortch also stated that Wahl’s past record of FCC compliance does not diminish the gravity of the crimes he committed.

“While Mr. Wahl’s overall record of compliance with our Rules and policies mitigates his misconduct to some extent, that factor is far outweighed by the aggravating factors discussed,” wrote Dortch. “We find Mr. Wahl’s offenses to be egregious and render him unqualified to be a Commission licensee.”

Under the terms of a deal reached with prosecutors, Wahl pleaded guilty to criminal use of a communications facility – a third-degree felony – and four misdemeanor charges in November 2020. But Wahl’s legal troubles were still far from being behind him.

Wahl ran afoul of Jane Hinckley Halprin, the Administrative Law Judge overseeing his FCC legal proceedings in 2021, by not filing procedural answers to her orders in a timely manner. When Wahl did respond, his answers were mostly short, especially when questioned about his criminal conduct and the mystery surrounding WQZS’s true ownership.

After Halprin sternly reprimanded him for not taking the proceedings seriously, Wahl became more forthcoming and later admitted that his victim was a live-in companion for more than a decade. The relationship ended after he suspected her of having an affair, precipitating the series of events leading to his arrest.

Though Wahl had apologized for his actions, it wasn’t enough to sway the outcome of WQZS’ fate.

“The [Application for Review] is DENIED, the Revocation Order is AFFIRMED, and the license held by Mr. Wahl is REVOKED, effective the day after release of this Order,” wrote Dortch in her conclusion.