
The Houston Press has led the way in covering the sale of the KTRU radio tower, FM frequency and FCC license by Rice University to the University of Houston, which plans to turn it into an NPR affiliate.
But the agenda item for Tuesday's public meeting at which the U of H approved negotiating the purchase may have been lacking in full disclosure, said Joe Larsen, a lawyer with the Freedom of Information Foundation of Texas.
The item on the agenda for Tuesday’s Board of Regents meeting read:
“Approval is requested to delegate authority to the Chancellor to negotiate and execute an asset purchase agreement and a management agreement, up to $10 million, related to the purchase of a radio station for use by KUHF – University of Houston.”
Backup material for the particular item also omitted the fact that the radio station in question was KTRU, much beloved for years in almost every corner of Houston's boho community.
“The agenda did not make reference to the sale of KTRU, so the question becomes, how high is the expected level of public interest?” Larsen said. He said one explanation might be that there was more than one radio station under consideration for purchase, but "the best I can say is, if UH knew at the time the target was KTRU, that this fact should have been included in the agenda because they should have anticipated a high level of public interest."
He noted Rice University's statement that listenership was low for KTRU - Rice University contends that Arbitron found ratings too low to be measured - but that the sale had generated considerable media coverage and, by implication, public interest.
The state Attorney General's office has said that meeting agendas need to be specific to meet the standards of the Texas Open Meetings Act.
U of H Board of Regents Chairman Welcome Wilson said the agenda items are posted with the assistance of the board’s general counsel, “and she is the one who develops the language for our postings and meetings. I would have no reason to believe that she would not get that correct.”
A U of H rep, Karen Clarke, said that the deal was discussed at a meeting of the finance and administration committee on Aug. 11, and a PowerPoint presentation was made referencing KTRU as the tower holder and frequency being considered. She said as the deal progressed over the last few weeks, Rice "was concerned about why it would go public and even said, 'Why do we have to do this in public?' We said, 'This is how we do business.' We have no intention of concealing this or dissuading anyone from speaking out about the deal."
She explained that the regents' action authorized the chancellor to negotiate for the KTRU goods, but the deal is by no means done. In fact, as of early this week, "Rice did not have full land rights or the easement to the actual tower," Clarke said. "It is the equivalent of selling a house and the driveway, and the garage is on someone else's property."
Regardless, Rice has pushed on as if KTRU is on its last legs.
Rice University President David Leebron tried to explain the deal and its secrecy in an e-mail to students and alumni:
“As much as I prefer to consult widely and involve all stakeholders in important decisions, this sale required months of complicated and, by necessity, confidential negotiations.”
Despite receiving government funding each year, Rice is a private university and is not subject to the open meetings or public information laws.
Clarke, the U of H rep, added that the regents had not expected much resistance to the deal from the KTRU community.
"We knew that some Rice students might be upset, but the way it was portrayed [by Rice] was that it was a small and insignificant number and that they would manage it. We never got the impression that it would cause an uproar."
The announced deal has rallied backers of the student-run station to form a dedicated website, a Facebook page, an online petition, and a Twitter account.
But so far, no lawyer.
“It will be a tough slough to get it reversed," Larsen said. "They might threaten to sue, or [the regents] might go back and do the meeting again and make sure they do it right.”
Editor's note: The second paragraph in this story was updated at 9:20 a.m. Aug. 20 to make it clearer that the Regents approved negotiating toward a purchase, not terms of a final deal.
Contact Steve Miller at 832-303-9420 or stevemiller@texaswatchdog.org.
Photo of a radio by flickr user Danny McL, used via a Creative Commons license.
Comments

RSS feed
StumbleUpon
Twitter
Newsvine
Facebook
Digg
De.licio.us
YouTube