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The FCC has entered into a consent decree with WIP-AM/Philadelphia, cancelling a $4000 fine issued to the CBS Radio Sports/Talk outlet after it "failed to announce the material terms" of its annual Wing Bowl. WIP also allegedly failed "to conduct the contest in accordance with its material terms." Instead CBS Radio will now make a voluntary contribution for $4000 to the U.S. Treasury.

The NAL was issued in March, 2007, after WIP disqualified a contestant in January, 2005, who had won a chance to compete in the contest but belonged to the AISE, a rival of the Wing Bowl.

In its original respsonse, CBS said it had a right to exclude the contestant at its discretion. CBS also claimed WIP's conduct was only a "technical" violation that didn't deceive the public. However, the Commission ruled that the contest rules didn't state that members of other eating associations were ineligible.

On the subject of CBS's argument that there was only a technical violation, the agency said that WIP changed the material terms of its contest and disqualified a contestant after the fact, which "resulted in deceiving the public."

Under the consent decree, the FCC will end its investigation while WIP will create a compliance plan within 30 days with a memo to all WIP programming staff that explains FCC contest rules and station procedures. The CBS Radio outlet will also conduct annual employee training in contest compliance, as well as filing a series of compliance reports over the next three years. (09-28-09)

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