FCC Designates KDND License Renewal for Hearing

RADIO ONLINE | Friday, October 28, 2016

The FCC has designated the 2005 and 2013 license renewal applications of Entercom CHR KDND-FM (107.9 The End)/Sacramento for hearing over it's 2007 "Hold Your Wee For A Wii" contest. The outcome ultimately lead to the death of contestant Jennifer Lee Strange water intoxication. The Commission will begin a hearing proceeding before a Administrative Law Judge to determine ultimately whether Entercom's license for KDND should be renewed.

The Commission said in a Hearing Designation Order that the information now before the agency raises "serious questions as to whether Entercom operated KDND in the public interest during the most recent license term." The FCC went on to say "that the record suggests that Entercom formulated, promoted, conducted and aired over the station an inherently dangerous contest in which one listener-contestant. The information could lead to the conclusion that Entercom failed to serve the public interest, warranting denial of its renewal applications."

The Commission noted that the "pre-contest announcements did not mention any risks associated with the Contest in general or water intoxication (hyponatremia) specifically." Specifically, the agency said that "Based on the totality of the evidence, there are substantial and material questions of fact as to whether Entercom: (i) designed and conducted a contest that was inherently dangerous; (ii) increased the danger to the contestants by changing the announced Contest terms; (iii) was aware of the potential dangers of the Contest and water intoxication; (iv) failed to protect the contestants from the potential dangers of the Contest; (v) failed to warn the contestants of the Contest's potential dangers; (vi) prioritized entertainment value over the welfare of the contestants; and (vii) failed to conduct adequate training and exercise appropriate supervision of Station KDND employees and the contest to ensure the safety of the contestants."

The Order also contends that "Entercom's actions relating to the contest suggest an active indifference to the contestants' safety, as evidenced by the negligence verdict and the licensee's refusal, apparently at the direction of its parent, to warn the other contestants in the wake of Ms. Strange'S death, placing its corporate self-interest over their safety and well-being."

In a statement Entercom President/CEO David Field said, "What happened at KDND in 2007 was a terrible tragedy that pains us deeply. Throughout our 48-year history, we have had a steadfast commitment to being a caring and responsible corporate citizen, firmly committed to public service. We take great pride in all of the work we have done to serve our communities. Nonetheless, we fully recognize that all of our good work cannot undo that tragic event nine years ago."

He continued, We do believe it is important to note that the jury that heard this case concluded that Entercom Communications Corp. was not negligent. What happened was the result of unauthorized and appalling actions by certain station employees who violated corporate procedures. None of that diminishes our sadness and we remain committed to continuous improvement in our efforts to serve the public."