The Federal Communications Commission (FCC) this week upheld a decision issued by one of its bureaus to revoke the broadcast license of a Pennsylvania man who was convicted of a sex crime.
The decision reaffirms an action made by the FCC’s Media Bureau in 2023 against Pennsylvania resident Roger Wahl, who operated oldies format radio station WQZS (93.3 FM) in Somerset County.
Wahl was arrested three years earlier on numerous sex crimes charges after a cyberstalking and harassment complaint. The complaint alleged Wahl placed hidden cameras in a woman’s home, then captured her in various states of undress. Those images were uploaded to dating websites, where Wahl baited unsuspecting men into visiting the woman’s home.
Some of his online activity was done at the same business where the radio station operates, according to court records reviewed by The Desk. Wahl later admitted to using a communication facility in furtherance of a crime, which is a felony under Pennsylvania law.
After the conviction, a rival radio station filed a complaint with the FCC challenging his ability to hold a broadcast license. The complaint said Wahl’s conviction was proof that the broadcaster was no longer of fit character to hold a license; character is one element that the agency weighs when issuing or renewing a license to operate a radio or television station.
Last year, the FCC’s Media Bureau upheld the complaint and ordered Wahl’s broadcast license to be revoked. Wahl took advantage of an opportunity to appeal the matter.
The FCC issued a final determination on Tuesday, finding the Media Bureau acted appropriately in revoking Wahl’s license on the basis of his character. The Commission also rejected an attempt by Wahl to introduce new evidence in the matter, including letters from two supporters and supplemental material pointing to an illness.
“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,” Marlene Dortch, the Secretary of the FCC, wrote in the final order.
Dortch noted that Wahl’s behavior caused emotional distress and bodily harm to the victim in the criminal case. By sending unsuspecting men to the victim’s house, the woman was at a substantial risk for being sexually assaulted, the FCC official said.
Dortch also relied on evidence and other court records to point to Wahl’s diminished character while he held a license to operate WQZS, as well as his decision to use computer equipment at the station to carry out some of his activities.
“We find Mr. Wahl’s offenses to be egregious and render him unqualified to be a Commission licensee,” Dortch said.
Additionally, Wahl exhausted any relief offered during the FCC proceeding when he failed to respond to an administrative law judge’s questions during a hearing established to evaluate his fitness to hold a broadcast license, Dortch wrote. The administrative law judge ultimately terminated that part of the proceeding.
“Because the hearing was terminated by the ALJ, Mr. Wahl may no longer present evidence or rely on other hearing rights,” Dortch wrote.
On Friday, Wahl took to social media to announce the station’s immediate closure.
“We are saddened to announce that WQZS Radio will no longer broadcast,” Wahl wrote. “Thank you for your patronage and support.”
