From the moment it was introduced into discussion at the March 2004 LSB meeting, the LSB Radio Committee was met with question and with opposition to the necessity of its existence. The Radio Committee plans the LSB radio show which features LSB members speaking about station concerns, reporting on the work of the LSB, and responding to listener calls. To this day, there continues to be a strong and focused effort to prevent the appearance of the LSB radio show on the air.
At that LSB meeting, Cerene Roberts, a staff member of the board, first challenged the need for such a program on the grounds that the station's schedule already included the Report to the Listener (management's monthly report to the listeners). When the board acknowledged the need for the program and recommended that it be broadcast at least monthly, she then questioned why it needed to be broadcast so often.
When the board moved that Shawn Rhodes (who formally proposed the idea for the program to the LSB) should contact the Public Affairs Director while an ad hoc committee was concurrently formed, Cerene Roberts and her colleagues questioned why he should be the one to exercise such authority. Even at this stage, there was an effort to discredit anyone attempting to ensure that the public be informed over the air.
Meetings were set up to plan two pilot programs. On the basis of the production of these two programs, recommendations were made to the LSB, which then passed a motion at its May 2004 meeting establishing an ad hoc committee to produce monthly programs till the end of 2004. (At this moment, Cerene Roberts falsely claimed that the full committee - which included the Public Affairs Director - was not involved in making the recommendations.)
The committee, open to all interested staff and listeners, functioned as a production team. In spite of constant disruption at committee meetings, attempts to mitigate its potential to produce wide-ranging programs, to obstruct experimentation with its structure, and to limit the involvement of interns, the committee managed to produce five monthly programs from April through September 2004, the first year of the new board.
In 2005 and 2006, Cerene Roberts organized the work of the committee. Her motions reconstituting the committee each year crammed two committee reports (rather than one) into each program and broke up listener calls into two half-hour segments rather than setting aside a full hour of free-flowing discussion. The result of this was a program which denied the listeners the ability to become fully informed of the work of any committee or to engage in genuine discussion. This was further exacerbated by the fact that the Public Affairs Director was not notified of committee meetings and that the scheduling of the programs was done without her knowledge. Only two or three programs were produced each of these two years, despite the fact that the reconstituting motions called for monthly programs.
Because the committee had failed to produce monthly programs for two years, and there was no evidence of any interest in informing the listeners with any regularity, Shawn Rhodes, former committee members, and others decided to reconstitute the committee in 2007. They announced a meeting date during committee reports at the March 2007 LSB meeting for people interested in forming the 2007 committee to attend. Cerene Roberts then introduced a lengthy motion similar to her motions of the previous two years and attempted to have it passed by the LSB in the few remaining minutes of the meeting. The LSB had no time at that moment to consider such a lengthy motion and referred it to the committee. She also attempted to change the meeting date. When the LSB recognized that the new date was a Jewish holiday, after much debate, the LSB finally granted the original date.
The committee, continuing to meet as a production team, began considering the motion referred to it by the LSB. The meetings were cordial and productive until members arrived to insist that the motion be addressed line by line, rather than conceptually. The resulting controversy considerably lengthened the committee meetings.
Throughout these early meetings, members were also mindful of the necessity to schedule enough programs before the Fair Campaign Provisions kicked in on July 25, after which eligible elections candidates are prevented from appearing on the air. Nine such possible candidates sit on the LSB.
Since 2004, the first shows of the year have always introduced the officers of the LSB and the PNB Directors. Because of time constraints, the committee decided to air the first program, as in the past, featuring PNB Directors and LSB officers, before it had finished considering the motion referred to it by the LSB. This program should have included three of the nine eligible candidates.
Kathy Davis, the Public Affairs Director, was the member appointed by the committee at its first meeting on March 28 to negotiate the schedule for the programs with the Program Director. This program was to be negotiated for some time between April 23 and May 2. The committee expected to hear from Kathy Davis about the scheduling decision. Instead, the committee received an e-mail from Cerene Roberts on Sunday, April 22, announcing the date and time of the program and initiating the process for securing a staff facilitator. She had hijacked the decision of the committee to appoint Kathy Davis to coordinate the airtime. The program aired the morning of April 26 before the committee's next meeting later that same day. One of the PNB eligible candidates stated he did not receive the notice Cerene Roberts had given about the program, and he did not appear on the program.
Kathy Davis filed the following grievance:
Sent: Thursday, April 26, 2007 2:24:24 PM
To: Robert Scott Adams
Interim General Manager
Chair, Pacifica National Board
CC: Bernard White; Greg Guma; Yolanda Thomas
From: Kathy Davis
Public Affairs Director, WBAI Radio 99.5 FM
Staff Representative to the WBAI LSB
Complaint/Grievance regarding scheduling of LSB on air report
My role and responsibilities as Public Affairs Director and the role of the WBAI Local Station Board (LSB) Radio Committee have been usurped by Cerene Roberts, a member of the LSB, with the cooperation of Program Director, Bernard White.
Although Cerene Roberts has been elected as a staff representative to the board, to the best of my knowledge she is not a producer for any program broadcast over WBAI.
As a member of the LSB Radio Committee and as Public Affairs Director, I entered into conversation with Bernard White on or about Monday, April 16th to schedule the LSB Report for broadcast. He offered me two alternative dates for the program, Thursday May 3, 11 AM - 1 PM and Monday June 4th 9 - 11 PM. It was my intention to bring these dates back to the committee meeting scheduled for the evening of Thursday, April 26th for the final stages of planning and promotion of the show. During our meeting, I invited the PD to come to the committee meeting to present his offer. He declined and asked me to present the dates.
In the interim week, I discovered one of the dates offered had already been booked with an art's program. I called the PD, who was attending the PNB meeting, to inform him of the problem. He was about to make a presentation and agreed to call me back. He didn't call back, so I anticipated we would resolve the date conflict this past Monday, April 23, upon his return from the PNB. Little did I know that the program had already been scheduled without my knowledge.
On Monday morning, I discovered Cerene Roberts' post to the LSB list serve announcing that the report date had been scheduled for Thursday, April 26th from 7-9 AM. In my follow up conversation with Bernard, he indicated that he entered into discussion with Cerene Roberts and William Heerwagen (a listener) who it seems misrepresented themselves as speaking on behalf of the committee, and at that time confirmed the preemption of Wake Up Call - a preemption originally made by Cerene Roberts without consultation of either the PD or PA office. Under the current "process," any LSB member can apparently tell producers their shows will be preempted, without any approval by the PD or other station management?
For the record, this is not the first time that this has happened. Although I have been a member of the LSB Radio Committee since its inception in 2004, for most of 2006, I had no indication when the reports had been scheduled until I heard them on the air just by chance. On this occasion, because I am now a member of the board and privy to the LSB list serve, I was able to find out before the event.
I was particularly surprised because following the Radio Committee meeting on March 28, I had a conversation with the PD indicating that we had experienced this problem in the past. I asked him not to act in compliance with Cerene Roberts or any other person's efforts to take control of the committees process. He agreed and initially refrained from working outside the purview of the committee. In this instance, Bernard White either chose, or was convinced, to do so. In either case, I as Public Affairs Director was not informed, nor was the committee informed of these developments.
Issues under consideration:
This problem goes beyond the issue of dates. When the program is usurped, the content is also subject to be usurped and controlled by forces who may have motives to contain and direct its message. As we approach another series of LSB elections this situation is unacceptable. Efforts to undermine and control the work of LSB committees is unacceptable. This looks like one side violating a fair process to secure partisan advantage.
I am asking that PNB Chair, David Adelson, on the level of the Board, and Interim General Manager, Robert Scott Adams, on the level of staff, take steps to remedy this situation.
This is not the first complaint/grievance that I have presented to Pacifica Management, the PNB or WBAI management. In the past my efforts to seek resolution and fair/impartial response have been ignored. This has led, in my experience/perception, to an environment of abuse by some of those parties in the majority within the Pacifica governance, Pacifica management, and within the governance, management and staff of WBAI.
I await your response and action of resolution of these issues.
Public Affairs Director, WBAI
For the record, prior to this communication I had voiced my concerns with the Program Director and Interim Station Manager regarding this complaint/grievance.
Memo of Response by Bernard White, Program Director
In a letter of response to the committee Bernard White, Program Director, describes the process of the scheduling of this program:
Sent: Monday, April 23, 2007 4:46:31 PM
To: Deepa Fernandes; Kathy Davis; Sharan Harper; Nia Bediako; Cerene Roberts
CC: Robert Scott Adams
From: Bernard White, Program Director
Subject: LSB Report
I meant to get this email out to all concerned parties last week but I was called away to attend the PNB meeting in Washington DC and did not get a chance to send it out or discuss it. For that I apologize.
On or about Wednesday April 18th I spoke with Deepa Fernandes regarding the LSB Report. Deepa said that she spoke with Cerene Roberts, representative of the committee, about the date for the upcoming LSB Report. She further stated that it was her understanding from that conversation that the decision to have the LSB meeting during Wakeup Call on Thursday, April 26th was a decision agreed upon by me and that it was au fait accompli. I informed Deepa
that I had not agreed on that date. I further stated that it was unfair to view Wakeup Call and Talkback as the sole or primary providers of time for the LSB report. I have also had several discussions with Katy Davis, Public Affairs Director about the scheduling of this report and the unfairness of our present practice. We have talked about the necessity and logic of spreading this report
throughout the broadcast schedule and were going find another location for this broadcast.
After talking with Deepa I then spoke to Cerene Roberts about the scheduling of the report and the logistics of having all LSB participants available for their presentations. I also informed her that the report would not solely be aired on Wakeup Call and Talkback.
Following my conversations with all of the aforementioned I decided that we will proceed with the LSB Report on Thursday, April 26th and that for the rest of 2007 there will be no more time taken from Talkback or Wakeup Call.
I know that this decision does not please everyone involved but I think that it is fair.
Resolution: I want the committee to submit all future requests for the LSB on-air report in writing. I will then communicate my decision to the committee in writing.
****Please distribute this information to the rest of the committee members.****
A week later at the April 30 LSB meeting, Cerene Roberts mischaracterized the work of the committee stating that the motion referred to the committee by the LSB had not been seriously considered. Then, once again, she attempted to have the LSB pass that motion before the committee had finished working on it. Due to the building closing, the LSB had to adjourn before a vote could be taken.
Cerene Roberts' actions undermined not only the efforts of the committee, but the programming process at the station. This, combined with her attempts to turn the LSB against the committee, compelled the committee to censure her actions at its next meeting on May 2.
Motion of censure:
The WBAI LSB Radio Committee censures the actions of Cerene Roberts for deceiving Program Director, Bernard White and Wake Up Call host/producer, Deepa Fernandes to obtain air time for the April 26, 2007, Report From The WBAI LSB. (See below for Bernard White's email to the committee.) She misrepresented herself as the contact person for this committee. She also usurped the authority and the responsibilities of Public Affairs Director, Kathy Davis, who was
designated by this committee to secure air time.
The Radio Committee also censures the actions of Cerene Roberts for divisively mis-characterizing the work of this committee at the April 30, 2007 LSB meeting. Additionally, she presented her own motion to counter the committee's motion which had been agreed upon by consensus. Further, she attempted to usurp the role of the Radio Committee in shaping the structure and the content of the LSB Report.
Consequently, she violated process and she violated the trust and the work of both the Staff and her fellow committee members. And finally, she obstructed the ability of the LSB to report on the radio to its constituents.
At that same meeting, Cerene Roberts stated that she had been in contact with Deepa Fernandes regarding airtime for the program since March 1 (which, in fact, was before the committee's first meeting on March 28).
Committee meetings at this time continued to be contentious. The committee's efforts to develop a program that would interest and inform the listeners were constantly thwarted by counter-efforts to develop a structure that restricted discussion. The disagreements were not about the best way to inform and stimulate the listener. Instead, they were really about whether the listener should be informed at all.
The committee continued to juggle two demands - 1) making sure that all eligible candidates appeared on the air before the elections deadline, and 2) developing recommendations on the motion that had been referred by the LSB. In order to properly plan the June 25 and July 9 programs, which were to include the remaining eligible candidates, the committee needed to poll all of them for their availability. Cerene Roberts volunteered to gather this information in time for the committee's next meeting on June 14. However, she did not carry out the committee's mandate to contact the nine eligible candidates (she only contacted seven). She did not poll their availability for both programs (only for June 25). Only four were contacted immediately (three were later put on stand by). The reply-by date for those four was June 15, the day after the committee's meeting.
As a result, the committee did not receive the information it had requested in order to schedule the panelists, committee reports, and time for listener calls for each program. Therefore, the committee had to query the entire board over one weekend and final decisions about the program could not be made until the last minute. As a result, the program only included two eligible candidates and one LSB member who could have appeared at a later time. Committee reports could not be arranged with so little preparation time.
In spite of all obstacles, the committee managed to complete its work on the motion referred by the LSB and developed a number of recommendations embodied in a new motion which was presented at the June 26 LSB meeting (see below). Cerene Roberts offered a counter-motion. Necessary provisions left out of her motion went unnoticed. The Roberts' motion also changed the structure of this committee from an ad hoc to a standing committee which was met with protest at the meeting as it legally requires a 2/3 vote.
Despite the fact that the committee had functioned in 2005 and 2006, albeit minimally, and despite the fact that the LSB had referred a motion to this committee, the Chair ruled that a 2/3 vote was not necessary to change its structure as the committee "did not exist." Not only is this an outrageous ruling, but changing the structure to a standing committee, by its very design, impedes the production of a radio show. For example, a quorum is now required and if it is not reached, no work can be done. But as an ad hoc committee, or as a production team, which is how the committee has previously functioned, the necessary work will be done regardless of how many people show up.
There is such resistance to supporting a flexible motion which would generate freedom of discussion on the air, that the board didn't even allow examination or discussion of the committee's motion. The Roberts' motion is rigidly structured and is designed to restrict discussion on the air and prohibit radio committee input, making impossible the creation of an interesting program that would both attract and inform listeners. But the Roberts' motion quickly passed with virtually no discussion, comparisons, or explanation.
Radio Committee Motion 2007:
Whereas, the purpose of the LSB program is to report on the work of the board and on issues of concern for the station, be it resolved that:
Monthly on-air LSB reports will have LSB staff-members invited to serve as hosts, in alphabetical order. Hosting duties shall not affect a staff-member's eligibility to report, except that one should not serve as host and guest on the same program.
The first report of the year will include presentations of the local board officers and members of the Pacifica National Board. In the remaining months, one hour of each report will feature four LSB members, who have not already appeared, running alphabetically. If anyone is unavailable at the time of his or her alphabetical rotation, the next person can be called, and the first party can participate in the next regular report. LSB members who are active on committees shall report on their committees during their regular time on air.
The time allotted for reports will be two hours, which will include brief updates on the work of the LSB and its committees, the Pacifica network, the PNB, issues of significance, and announcements of board meetings and events. At least half of the allotted time will be devoted to listener calls.
In an effort to provide greatest outreach to each listener, the committee will explore several formats and scheduling options. The LSB Radio Committee recommends that if its live on-air report is rotated throughout the program schedule, that it be done in such a way that it does not repeatedly affect the same programs.
Consistent with the fair election campaign rules, no listener-member, who is eligible to run for election, shall participate in any on-air report as of the day nominations open.
The Radio Committee shall meet before each scheduled broadcast date to plan the program and to designate two or more persons who will be responsible for implementation. If, for whatever reason, the plan cannot be implemented, the committee should be promptly informed and consulted on how to deal with the problem. In the absence of a decision by the committee, the implementers will consult with each other to seek a solution. The implementers' primary responsibility is to act in good faith to fulfill the intent of the plan.
The Radio Committee shall designate a member to be responsible for coordinating the promotion of the LSB Report through the use of a cart, websites, the LSB hotline, various listserves, and the WBAI newsletter, and a member to coordinate the scheduling of the show with the appropriate WBAI department head and/or the Program Director.
By the time planning for the July 9 program began, the committee was faced with the problem of airing all the remaining seven eligible candidates because it had been prevented from scheduling them earlier. Due to these extenuating circumstances, including the Fair Campaign Provisions, the committee, decided to rearrange the four hours of the July and August reports.
In order to meet the requirements of Roberts' motion, the two hours in July were planned to feature only representatives of the LSB and the two hours in August were planned to feature only committee reports. (The Roberts' motion requires each monthly report to include one hour of board member presentations and one hour of report from two committees). Otherwise, all eligible candidates would not have been able to appear before the Fair Campaign Provisions kicked in on July 25.
Once again, there was an attempt to interfere with the committee's plans - Cerene Roberts did not register with building security, the full complement of board members scheduled to appear on the July 9 LSB Report. As one of the Implementers for this program, she was bound to implement the decisions of the committee, but instead she listed only those members affiliated with her party slate, JUC. By excluding board members scheduled to appear, she jeopardized both the running of the program as well as the right of the members to speak to the public and the listeners' right to hear them - as this was their last chance to appear on the air before the Fair Campaign Provisions kicked in. It should be noted at this point, that there has been material interference with all three reports that the committee has so far produced this year.
After starting to work on the LSB report for August to include two hours of four committee reports, the Radio Committee's work was interrupted when the four officers of the LSB requested that the Program Director, Bernard White, withdraw the airdate. The members of the board who made this request were abusing their position as officers and had no authority to make such a request either on behalf of the board or instead of the board. They charged the committee with violating the motion under which it's supposed to be operating.
Letter to Bernard White from the four members of the board:
From: Vajra Kilgour
Date: Tue, 7 Aug 2007 19:31:38 -0700 (PDT)
To: Bernard White
Cc: Robert Scott Adams
Subject: 8/20 Local Station Board On-Air Report
The LSB Report planned for Monday, August 20, 2007, violates the motion under which the LSB Radio Report Committee is required to operate. According to the motion (attached for your reference), the August report should feature the members of the Pacifica National
Board and representatives of the Finance and Membership, Outreach and Fundraising committees. The previous report, which aired on July 9, also deviated from the motion.
The Board will address the committee's malfunctions at our next meeting, on August 21. In the meantime, we respectfully request that you withdraw any time granted for a board report. We would appreciate, however, your reserving another slot later in the month for the Board's use.
The Officers of the WBAI Local Station Board:
Vajra Kilgour, Chair
Nia Bediako, Vice Chair
Tibby Brooks, Secretary
Baruti Bediako, Treasurer
Motion for Ad Hoc LSB Radio Report Committee, adopted by the LSB, June 26, 2007:
Whereas, the bylaws in Article Seven, Section 10 authorize the Local Station Board to designate one or more advisory committees, to serve at the pleasure, direction and supervision of the LSB; therefore be it
Resolved, That the WBAI LSB designates a standing committee, the LSB Radio Report Committee, to assist in the implementation of the present motion regarding the LSB's on-air report of its work and on board and station matters to the listeners, and be it further
Resolved, That this standing committee will consist of at least two LSB members as selected by the LSB; and that LSB members on the committee are responsible to ensure that a) the committee's reports and recommendations are communicated to the LSB by the
committee chair, b) the committee is fulfilling its purposes as set forth by the LSB, and c) the committee
is working in a respectful manner that is consistent with the bylaws.
Resolved that unless otherwise provided in this or a subsequent amendment or resolution, any listener or staff member of WBAI who has volunteered for the committee and who has attended the first two initial meetings, or any three consecutive meetings thereafter, becomes a member of the committee; that any non-LSB member of the committee will lose membership in the committee after two consecutive unexcused absences (and if so they may regain membership after attending three consecutive meetings), when removed by two-thirds vote of the
committee or when removed by majority vote of the LSB.
Live monthly on-air reports will include brief updates on the work of the LSB, network, PNB, and the Bylaws revision process as well as announcements of board meetings and events, rotated and scheduled in such a way that it does not affect programs which air monthly, and be rebroadcast in its entirety, without interruption and within one week, for a nighttime
audience on programs beginning after midnight. At least half of the time will be devoted to listener
Members of the Pacifica National Board (PNB) aka Directors will be scheduled for one hour on the Report immediately after each quarterly in-person PNB meeting. Where (a) director's(s') ability to participate is affected by the Fair Campaign Provisions, an equal number of director-members of the PNB Coordinating Committee shall be invited to serve as (a) replacement(s), with no substitute appearing twice until each CC member shall have appeared once or
indicated their inability to appear. Invitations shall be offered in the following order: WPFW, KPFT, KPFK and KPFA.
In the remaining months, one hour of each Report will feature four LSB members, running alphabetically,
except for directors. If anyone is unavailable, the next person shall be invited, and the first party may
participate in the next regular Report. No person shall appear twice in the rotation until each
interested person has appeared once.
The other hour will be shared equally by two committees appearing in accordance with the rotation
developed in 2005, i.e., Membership, Outreach and Fundraising, followed by Finance, Management
Evaluation, and Programming, except that the Finance Committee shall also report midway through the budget process in July/August, and the Committee of Inclusion
and the Community Advisory Board annually. Where a chair is unavailable, the secretary may serve; where both are unavailable the subject committee may chose to elect a third representative or move ahead with two.
Consistent with the Fair Election Campaign Rules, no listener member who is eligible to run for election
shall participate in any on-air report as of the day nominations open.
The Committee shall meet once to plan each program based on the dates designated by the Program Director. The Radio Committee shall meet before each scheduled broadcast date to plan the program and to designate two or more persons who will be responsible for
implementation. If for whatever reason, the plan cannot be implemented, the committee should be
promptly informed and consulted on how to deal with the problem. In the absence of a decision by the committee, the implementers will consult with each other to seek a solution. The implementers' primary responsibility is to act in good faith to fulfill the
intent of the plan. The board secretary shall be responsible for each program's promotion.
Members of the committee wrote a letter to Bernard explaining the decision and offered a number of possible remedies, noting that there was no necessity to withdraw the airtime (see below).
As members of the WBAI LSB Radio Committee, we feel you and the four board members who wrote you may not be aware of certain factors concerning the July and August LSB reports. Due to extenuating circumstances, that is the Fair Campaign Provisions, we rearranged the four hours of the July and August reports so that the 2 hours in July featured representatives of the LSB and the 2 hours in August were to feature committee reports. Otherwise, all eligible candidates
would not have been able to appear before the Fair Campaign Provisions kicked in on July 25. We were making every effort to both comply with the spirit of the motion that the LSB passed on June 26, 2007 and to be fair to all election candidates.
When the committee last met, we were following through with what had previously been decided. It was simply an oversight that the PNB Directors were not scheduled for the August report. The copy of the motion we were working from to determine which committees to schedule had all 3 versions (original, committee and revised) successively following each other, which was very difficult to follow. And, we lost track of the fact that the PNB had recently
met. Honestly, there was no sinister intent or disregard for the motion under which this committee operates. And it wasn't like someone brought up the fact that the PNB Directors had to be on the report and we ignored that or voted it down. Again, it was simply an oversight.
But, this situation can be easily remedied. For example, if the times are still available, the hour for the PNB Directors could take place during one of the hours originally offered to the committee on Saturday, August 18th from 3-5 PM or it could take place during the first hour of the time that was offered to the committee on Monday, August 20th from Midnight - 2 AM, or we could extend the time on Monday, August 20th (either 8 - 11 PM or 9 PM -12 AM) and make it a consecutive 3 hour report, or we could reschedule the representatives of the MEC & Programming Committees for another date and proceed with the show featuring the representatives of the Finance and MOF committees (as originally planned) and the PNB Directors.
What ever option is utilized, the Implementers for this report will contact the PNB Directors and query their availability for the August report. Therefore, there is no reason for the time on Monday, August 20th to be taken back.
Despite the committee's efforts to fairly address all extenuating circumstances in planning the programs, neither the station nor the LSB displayed any will to ensure that the listeners are informed. (Bernard White's response appears below.)
From: Bernard White
Date: Thu, 9 Aug 2007 00:26:03 EDT
Subject: Re: Response from members of the Radio Committee
To: Shawn Rhodes
Cc: LSB Radio Committee; WBAI LSB
Thank you for sharing with me an interpretation, as well as a confirmation, of the current struggle that is taking place within the LSB Radio Committee. However that is not an issue, the resolution of which, I can concern myself with. The resolution of this issue is up to the committee and I trust that you will eventually work it out.
Additionally, you obviously know that I cannot ignore a request from the officers of WBAI's LSB. Surely you can understand that. As soon as the committee has worked out this dispute we can proceed with the broadcast.
I hope you arrive at speedy resolution.
Bernard White, WBAI-Program Director
It's interesting that many of the same people concerned at this point that the motion be adhered to letter by letter, were not concerned that the 2005 and 2006 motions requiring monthly programs were strictly followed. In both cases, only 2 or 3 programs were produced instead of the required monthly complement.
The entire history of this committee illustrates the systematic effort to destroy it, prevent honest discussion and ensure that there is no time for listeners to be openly informed about the network, the station, or the work of their Local Station Board. There was no hesitation to break parliamentary procedure, programming processes or the trust of the electorate to prohibit discussion on the air!
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