Judge Terminates WQZS (QZ93)/Meyersdale License Hearing, Paving Way For License Revocation

Hearing Terminated

The Administrative Law Judge in the Commission's proceeding on the possible revocation of ROGER WAHL's license for Oldies WQZS (QZ93)/MEYERSDALE, PA has had enough of WAHL's failure to comply with document filing requirements and has terminated the hearing. ALJ JANE HINCKLEY HALPRIN granted a motion by the FCC's Enforcement Bureau, agreeing that WAHL's repeated failure to follow court orders and procedures and show up for virtual conferences -- he represented himself without counsel for the hearings -- "effectively waived his right to a hearing."

In her order, HALPRIN wrote that the court "has provided Mr. WAHL significant deference in this matter due to his choice to proceed without counsel. It has become clear, however, that Mr. WAHL is not participating in this proceeding at the level necessary to render it a meaningful exercise of the opportunity for a hearing that has been afforded him, much less of the government’s time and resources. His repeated failure to produce required documents without explanation is particularly concerning. The Presiding Judge informed Mr. WAHL several times that lack of filing could cause him to lose his license.... To date, he has filed no substantive documents in this proceeding."

The order concluded, "Mr. WAHL has held the FCC license for WQZS(FM) for 30 years. He is therefore well-acquainted with the responsibilities of a radio licensee and should be cognizant of the gravity of having one’s license designated for a revocation hearing. He has chosen, however, to participate in this hearing only selectively. The Presiding Judge takes no pleasure in causing a Commission license to be revoked without a full airing of substantive issues, but it is her duty to administer hearings 'as will best conduce to the proper dispatch of business and the ends of justice.' Given the direction this hearing has taken, as illustrated herein, the only logical course left to her is to find that Mr. WAHL has waived his opportunity to participate and, as a result, to terminate this proceeding."

WAHL's license was thrown into doubt after he pleaded guilty in 2020 to a felony charge of criminal use of a communication facility and misdemeanor charges of recklessly endangering another person, unlawful dissemination of an intimate image, and tampering with evidence after being accused of planting a camera in a woman's home and using the images to create a fake online dating account to solicit men to rape the woman. He withdrew an initial guilty plea to invasion of privacy charges after learning that the plea would require him to register as a sex offender; he instead entered a guilty plea to a charge of identity theft.

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