License Revoked for Embattled Meyersdale Radio Station
April 14, 2023The “Top of the Rock” may soon be reduced to rubble.
The license of WQZS (93.3 FM) in Meyersdale was ordered revoked in an order dated Wednesday, April 12, 2023 from FCC Enforcement Bureau Chief Loyaan Egal, thus putting an end to almost four years of drama surrounding its owner and founder, Roger Wahl.
One of the few remaining radio stations in westcentral Pennsylvania not under corporate ownership, few outside its listening area knew the 3,000 watt FM existed, having no web presence outside of its Facebook page.
That all changed in the late summer of 2019, when Wahl was first accused of setting up a trail camera in the bathroom of the home of his former girlfriend, then creating a fake online dating profile using images taken from the camera, and then soliciting responding men to sexually assault her. Once Wahl learned that he was under investigation, he deleted evidence from his phone as well as the online dating profile.
Under the terms of a negotiated plea, Wahl agreed to plead guilty in July 2020 to a felony charge of criminal use of a communications facility, as well as four misdemeanor charges. The felony count essentially disqualifies him from holding a broadcast license under the FCC’s Character Qualifications Policy Statement.
“Mr. Wahl’s felony conviction, his misdemeanor convictions, and his fraudulent misconduct before a government agency each establish that his character falls short of the standard described in the Character Qualifications Policy Statement—particularly in light of the factors the
Commission considers when making such determinations,” wrote Egal in the order. “His conduct was adjudicated to be entirely willful, comprising a sequence of acts performed over time and calculated to harm his victim.”
Wahl was on electronic-monitored house arrest for four months as part of his sentencing, with an order for him to not perform any on-air work for the station during that time. Wahl was not incarcerated.
Wahl was given a chance to speak for himself at an FCC hearing last year, but during the discovery process, failed to cooperate in the manner directed by the Administrative Law Judge overseeing the case, resulting in the hearing’s cancellation.
“Even though Mr. Wahl has typically complied with FCC rules and policies, the record reflects no efforts by Mr. Wahl to remedy these wrongs. As fewer than three years have passed since his convictions, the Commission cannot hold that his character has been rehabilitated,” wrote Egal.
“Accordingly, it is ordered, pursuant to sections 308 and 312 of the
Communications Act, 47 U.S.C. §§ 308, 312, and sections 0.111 and 1.92 of the Commission’s rules, 47 CFR §§ 0.111, 1.92, and the Character Qualifications Policy Statement, 46 that the radio station license for
WQZS(FM), Meyersdale, Pennsylvania, held by Mr. Wahl is revoked, effective the fortieth day after release of this Order, unless Mr. Wahl files a petition for reconsideration or application for review within thirty days of the release of this Order, in which case the effective date will be suspended, pending further order of the Commission,” wrote Egal in the final summary.
Should Wahl not appeal the ruling, the revocation order would then become a final order at the expiration of the 40-day period. Upon that time, the pending application to transfer WQZS’s license from Wahl to his daughter Wendy Sipple, would then be dismissed as moot.
Wahl had attempted to transfer the license to Sipple for $10. The FCC initially approved the transfer, but then held it in abeyance after the criminal case against Wahl came to light.
I can’t defend Wahl or the horrifying crime to which he basically pled guilty. However I have family in that area and I can tell you that the station is viewed as an important local resource. There will definitely be locals writing to the FCC asking for it not to be taken off the air. If the FCC would approve a sale to some responsible party that would seem the best outcome for all concerned.