ORIGINAL
Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, DC 20554

Acepted/Ffle
In re Applications of
ENTERCOM LICENSE, LLC

NOV 262014
Federal Communltlons rnmssror
Office of the Secretary

WAAF(FM), Westborough, MA

File No. BRH-20051201CFP
File No. BRH-20131 127A0B
Facility ID No. 74467

WEEI(AM), Boston, MA

File No. BR-20051201CFN
File No. BR-20131 127AMI
Facility ID No. 1912

WEEI-FM, Lawrence, MA

File No. BRH-20051201CFM
File No. BRH-20131 127ANR
Facility ID No. 1919

WRKO(AM), Boston, MA

File No. BR-20051201CFG
File No. BR-20131 127AMS
Facility ID No. 1902

For Renewal of Licenses
To:

Honorable Marlene H. Dortch
Secretary of the Commission

Attn:

Chief, Audio Division, Media Bureau

OPPOSITION TO PETITION FOR RECONSIDERATION
Entercom License, LLC ("Entercom License"), licensee of Stations WAAF(FM),
Westborough, Massachusetts; WEEI(AM), Boston, Massachusetts; WEEI-FM, Lawrence,
Massachusetts; and WRKO(AM), Boston, Massachusetts (collectively, the "Boston Stations"),
by its attorneys, submits this Opposition with respect to the Petition for Reconsideration (the
"Petition") filed on November 13, 2014, by the Estate of Irene M. Stolz (Edward R. Stolz II,

Executor) ("Stolz"). Entercom License is an indirect, wholly-owned subsidiary of Entercom
Communications Corp. ("Entercom")
Stolz seeks reconsideration of the letter of the Chief of the Audio Division of the Media
Bureau dated October 9, 2014 (corrected and redated on October 14, 2014) (the "Grant Letter"),
which granted the 2006 renewal applications for the Boston Stations. However, the Petition is
not based on the Grant Letter's denial of arguments made by Stolz in an informal objection filed
February 28, 2006, arguments that have repeatedly been rejected by the Commission.' Rather,
Stolz seeks reconsideration based on the alleged failure of the Grant Letter to reference a listener
complaint regarding the broadcast on Station WAAF of a commercial announcement on June 10,
2008. That allegation is just a mere pretext for Stolz's filing to launch a wider challenge to the
Boston Stations' 2006 renewal applications and attempt to challenge belatedly the Boston
Stations' 2014 renewal applications2 by citing a contest conducted in 2007 at Station

See, e.g., CBS Radio Stations, Inc. and Entercom Memphis License, Inc., 22 FCC Rcd 20058
(MB 2007)("CBS Radio Stations"); Letter from Peter H Doyle, Chief Audio Division, to Mr.
Edward R. Stolz II, Executor of the Estate of Irene M Stolz, dated March 4, 2008, 23 FCC Rcd
2695 (MB 2008); and Letter from Peter H Doyle, Chief Audio Division, to Mr. Edward R. Stolz
II, Executor of the Estate of Irene M Stolz, dated September 6, 2012, Ref. 1 800B3-MM (MB
2012).
2

This is the first time that Stolz has objected to the 2014 renewal applications of the Boston
Stations, which applications were granted on October 14, 2014. Even if the claims made in the
Petition with respect to the 2014 renewal applications were not barred on procedural grounds,
they should be dismissed, as the relief now sought by Stolz is contrary to Commission rules.
Under 47 C.F.R. §73.3516(e), a petition to deny the 2014 renewal applications for a radio station
licensed in Massachusetts was due to be filed by March 1, 2014 (extended to March 3, 2014
pursuant to 47 C.F.R. §73.3516(e)(2)). Informal objections must be filed before the grant of the
challenged application. 47 C.F.R. §73.3587. See Letter from Peter H Doyle, Chief Audio
Division, to Messrs. Brahim Ayad and Michael Watson, dated November 20, 2007, 22 FCC Rcd
20002 (MB 2007). Stolz filed no timely petition to deny or informal objection as to the 2014
renewal applications of the Boston Stations.
-2-

KDND(FM), Sacramento, California. For both procedural and substantive reasons set forth
below, the Commission should dismiss and deny the Petition.
The Petition Fails to Satisfy the Commission's Procedural Reguirements.
Pursuant to Section 1.106 of the Commission's rules, a petition for reconsideration of a
decision in a non-rulemaking proceeding may be filed by a party to the proceeding or by any
other petitioner whose interests are adversely affected by the decision.3 Any petition for
reconsideration which relies on facts or arguments not previously raised by a petitioner must
persuade the Commission that: (i) new events or changed circumstances since the filer's last
opportunity to present them exist, (ii) unknown facts or arguments have been discovered that
petitioner "could not through the exercise of ordinary diligence" have learned of prior to the last
opportunity to present them, or (iii) consideration of the new facts or arguments relied on is
required in the public interest. See 47 C.F.R § 1.106(c), and the provisions cited therein. As
Stolz is aware, as a consequence of a direct ruling in an unrelated proceeding, the Commission's
"Rules and precedent clearly provide that [the Commission] will not consider petitions for
reconsideration which rely on facts or theories that could have been presented earlier in the
proceeding."4

47 C.F.R § 1.106(b)(1). As noted previously, Stolz did not file either a petition to deny or an
informal objection against the 2014 renewal applications for the Boston Stations and has failed to
"state with particularity the manner in which [Stolz] '5 interests are adversely affected by the
action taken, and [to] show good reason why it was not possible for [Stolz] to participate in the
earlier stages" of any proceeding concerning those renewal applications. Id. The Petition should
be dismissed summarily as to the grants of the 2014 renewal applications for the Boston Stations.
See 47 C.F.R. §l.lO6(p)(9).
Royce International Broadcasting Company, 26 FCC Rcd 9249 (MB 2011). Edward R. Stolz II
is the owner of Royce International Broadcasting Company.
-3-

With respect to the arguments regarding the KDND contest, Stolz cannot meet the
procedural requirements for filing a petition for reconsideration, and the Petition should be
dismissed. 47 C.F.R. § 1.106(p). Stolz cannot claim to be unaware of the 2007 contest prior to
the filing of the Petition - Stolz previously raised that issue with the Commission. Specifically,
Stolz raised them on January 24, 2007, less than two weeks after the contest, in the First
Supplement to Petition to Deny filed by Royce International Broadcasting Company in
connection with the Commission's consideration of the assignment of 15 radio stations from
CBS or its subsidiaries to Entercom subsidiaries.5 In that decision, the Commission
acknowledged that the contest was under review in connection with the pending KDND renewal
application pursuant to an Enforcement Bureau inquiry6, and granted the applications for
assignment of the CBS stations to Entercom.
Further, any assertion that the Commission's consideration of the contest is required by
the public interest before the renewal applications for the Boston Stations could be granted must
fail. As noted above, Stolz raised the matter directly in CBS Radio Stations on January 24, 2007;
this cannot in any way be considered at this stage as a new or changed circumstance, an
unknown matter not previously discoverable, or a new fact required to be considered in the
public interest. Since the KDND contest was conducted, the Commission has approved 146
renewal applications for Entercom stations, including the 2006 and the 2014 renewal
applications for the Boston Stations in this proceeding.7

CBS Radio Stations, supra, at 20064-65.
at 20065.
'

See Attachment A.
-4-

In short, the Petition for Reconsideration should be dismissed for failure to satisfy the
Commission's long-standing procedural requirements.
Stolz Has Not Cited Any Commission Rule or Policy That Requires a Written
Decision in a Renewal Proceeding on a Non-Party Listener's Complaint.
Even if the claims made in the Petition were not barred on procedural grounds, they
should be denied. Attachment B to Stolz's Petition consists of a copy of two email complaints
sent to the FCC staff by a single listener to Station WAAF. In the substantively identical
complaints, the listener contends that a commercial announcement's use of the words
"emergency message" at the beginning of the announcement was a "false emergency notice."
The Commission previously considered these complaints. The Commission staff
forwarded the complaints to Entercom's counsel by letter dated June 20, 2008. Entercom filed a
response on July 21, 2008. The response left no doubt that the advertisement was not
accompanied by any emergency sounder of any sort and was plainly of a commercial nature.
That the Commission staff took no further action with regard to the complaints is not surprising.
Stolz has not cited any rule or policy of the Commission that requires further action by the staff.
Neither Consideration of Matters Related to the KDND Contest, Nor Grant of the Relief
Requested by Stolz, Is Required Under Applicable Commission Rules and Policies with
Respect to the Renewal Applications of the Boston Stations.
Stolz invokes the process of reconsideration to inject the 2007 contest at KDND in
Sacramento into the consideration of the Boston license renewal applications. Stolz claims that
"Entercom conducted this contest with wanton disregard for the safety of the contestants to
entertain listeners and generate audience ratings" and insists its opinion that the principles of the

-5-

Character Policy Statement8 are not "hard and fast rule[s] " The conduct of the KDND contest,
Stolz declares, "shocks the conscience and brings into question the character qualifications of the
entire Entercom corporation to continue to be Commission licensee [sic] anywhere in the
nation."0 Stolz submits that no Entercom renewal application "nationwide" should be granted
without a hearing on how the contest was conducted, citing Citizens for Jazz on WR VR, Inc. v.
FCC, 775 F.2d 392 (D.C. Cir. 1985)."
There is no substantive basis for consideration of this matter in connection with the
Boston Stations. The WRVR decision cited by Stolz is not on point. The standards applicable to
broadcast renewal applications were substantially changed after the WR VR decision, including
the adoption of Section 309(k) as a part of the 1996 amendments to the Communications Act.
Section 309(k) makes clear that it is the licensee's record of operation at each individual station
that determines whether the Commission should grant an application for renewal of a license for
that station.12 The Grant Letter properly analyzes the factors relevant to the operation of solely
the Boston Stations, as required by Section 309(k) of the Act. Apart from the baseless objections
to action on any renewal grant without a hearing regarding the contest, Stolz does not dispute

8 See n.13, infra.
Petition at 4.
'°Id. at2-3.
"Id. at4.
12 Sagittarius Broadcasting Corp., 18 FCC Rcd 22551, 22555
(2003). See also Letter from Peter
H Doyle, Chief Audio Division, to Mr. Edward R. Stolz II, Executor of the Estate of Irene M
Stolz, dated September 6, 2012, supra, at p. 6 (renewal application for Station KCTC,
Sacramento, California, granted pursuant to Section 3 09(k) of the Act and petition to deny filed
by Stolz in 2005 denied).
-6-

any of the reasoning in the Grant Letter supporting the approval of the renewal applications for
the Boston Stations.
Nevertheless, Stolz's analysis of the scope of the Commission's Character Policy
Statement is incorrect. In 1986, as a result of a comprehensive review of the types of broadcast
licensee conduct relevant to its jurisdiction, the FCC announced that the scope of its concern for
licensee conduct subject to adjudication by other government authorities and courts would be
limited to certain itemized types of licensee behavior.'3 The Commission explained its
conclusion as follows:
We believe that the non-FCC behavior of concern to us is that
which allows us to predict whether an applicant has or lacks the
character traits of 'truthfulness' and 'reliability' that we have
found relevant to the qualifications to operate a broadcast station in
accordance with the requirements of the Communications Act and
of our rules and policies. Based on the record before us, we find it
appropriate to focus generally on three types of adjudicated
misconduct which are not specifically prescribed by the Act or our
rules and policies: (1) fraudulent statements to government
agencies; (2) certain criminal convictions; and (3) violations of
broadcast related anti-competitive and antitrust statutes.
102 FCC 2d at 1 195.' These areas of concern do not include civil negligence, which was the
only finding made by the civil and criminal authorities that examined the 2007 KDND contest in
detail in its aftermath.
Soon after the contest was conducted at Station KDND, the Sacramento County District

' Policy Regarding Character Qual?JIcations in Broadcast Licensing,
Report, Order and Policy
Statement, 102 FCC 2d 1179 (1986) (subsequent history omitted) ("Character Policy
Statement").
14 The FCC later expanded this list of three to include felonies.
5 FCC Rcd 3252 (1990).
-7-

Character Qualfications Policy,

Attorney conducted a criminal investigation. That investigation ended in April 2007 without any
criminal charges being filed. The findings of the Sacramento County District Attorney are
summarized in the attached Case of Interest, key elements of which are as follows:
The facts and circumstances of this ill-fated event do not support
the filing of criminal charges against the radio station or any of its
employees. Based on the evidence, no duty or special relationship
existed or was created between the radio station and/or its
employees and Jennifer Strange because of the contest. Finally,
and most importantly in our decision not to file involuntary
manslaughter charges, there were no observable indications or
symptoms that Jennifer Strange was experiencing a serious
medical emergency which would have required station employees
to seek or administer medical aid to her.
Case of Interest, Office of the District Attorney of Sacramento County, California, April 2,
2007.15
A civil trial was held in 2009 with respect to a complaint filed by the contestant's family
in the Superior Court of California, County of Sacramento. The KDND operating subsidiary was
determined to be negligent; Entercom was found to have not been negligent. The plaintiffs in the
case were awarded only compensatory damages; no punitive damages were awarded. The civil
judgments are long since final and no longer subject to appeal.
Even if there was a basis for Stolz' s assertion that a hearing must be conducted by the
Commission to detennine whether Entercom has the character qualifications to warrant the grant
of Entercom' s license renewal applications "nationwide" - and there is no such basis - the
California authorities have already properly handled the matter consistent with all Commission
requirements. The Sacramento County District Attorney thoroughly investigated and brought no
charges. The Sacramento County Superior Court conducted an extensive trial. A jury made

15 See Attachment B.
-8-

findings and an award against the operating subsidiary only. Again, the jury found in favor of
the parent corporation on all claims, which focused on alleged negligence in Entercom's overall
contest standards and policies. Stolz's call for review of all Entercom station license renewal
applications "nationwide" is baseless. In accordance with FCC policies, this civil matter was
sufficiently handled on a local level. Furthermore, nothing in the findings of the Sacramento
County District Attorney or the Sacramento County Superior Court impugns Entercom's basic
qualifications to hold a broadcast license.
Finally, the Commission in 1985 eliminated its prior policies regarding "disruptive
contests" and other contests resulting in "public disorder." The Commission concluded that
these issues "can all be ably handled at the local level through civil means ... and criminal
means..

16 This policy was reinforced in
Letter from Peter H Doyle, Chief Audio Division,

Media Bureau, to Seth A. Neidhardt, 22 FCC Rcd 14042, 14043 (MB 2007), where allegations
were made in a petition to deny a license renewal application that the placement of a contest
prize on the private property of a fertilizer company "endangered the safety of the contest
participants because the '[i]nhalation of ammonia could cause harm to people." The Media
Bureau found that:
Neidhardt' s allegations that the contest was disruptive or
endangered the safety of its participants are outside of the
Commission's jurisdiction. ...[T]he Commission abolished
its 'disruptive contest' rule in 1985, finding that contests resulting
in 'public disorder can all be ably handled at the local level
through both civil means (e.g., actions for trespass, personal
injury, private nuisance, invasion of privacy, or injunctive relief)
and criminal means (e.g., disturbing the peace of public
nuisance).'
16 Elimination of Unnecessary Broadcast Regulation,
¶ 5 (1985).
-9-

Policy Statement and Order, 57 RR 2d 939

Id. at 14045, citing Elimination of Unnecessary Broadcast Regulation, Policy Statement and
Order, 57 RR 2d 939, ¶5 (1985).
In summary, the events concerning the 2007 contest conducted at the Sacramento station
have been handled in accordance with FCC rules and policies. Under the standards applicable to
the consideration of renewal applications and under the Commission's Character Policy
Statement, no hearing is required in connection with the renewal applications for the Boston
Stations.
CONCLUSION
For the reasons set forth above, Stolz has failed to establish that the grant of the renewal
applications for the Boston Stations should be reconsidered. Entercom respectfully requests that
the Petition be dismissed or denied and the Grant Letter be reaffirmed.
Respectfully submitted,
ENTERCOM LICENSE, LLC

c&'
By:
Brian M. Madden
Dennis P. Corbett
F. Scott Pippin
Lennan Senter PLLC
2000 K Street, NW, Suite 600
Washington, DC 20006
Tel. (202) 4298970
November 26, 2014

Its Attorneys

-10-

ATTACHMENT A

FCC Home MB

___________________

Application Search Details
FCC> Media Bureau> MB-CDBS > CDBS Public Access > Application Search

IiQIP site mar)

Search returned: 146 matching applications

Application Search Results
File Number

Form Paper!
Elect

Call Sign

Facility
Id

Service

Status

Details

Status
Date

E

WBZU

36200

AM

GRANTED 07/25/2014

]nf

303

E

WGGI

19543

FM

GRANTED 07/25/2014

Info I Application

BRH 20140326ADD 303

E

WKRZ

34379

FM

GRANTED 07/25/2014

BRH 20140326ADA 303

E

WILK-FM

22666

FM

GRANTED 07/25/2014

BR

20140326ACX 303

E

WKZN

22667

AM

GRANTED 07/25/2014

BRH 20140326ACW 303

E

WHBS

22925

FM

GRANTED 07/25/2014

20140326ACV 303

E

WILK

34380

AM

GRANTED 07/25/2014

303

E

WKRF

14643

FM

GRANTED 07/25/2014

BRH 20140326ACQ 303

E

WGGY

36202

FM

GRANTED 07/25/2014

thfc
thfc
iof
]nft
tht
ini
inic

BRH 20140131A0Y 303

E

WLKK

9250

FM

GRANTED 05/23/2014

BR

20140131A0W 303

E

WWWS

56104

AM

GRANTED 05/23/2014

BR

20140131A0Q 303

E

WGR

56101

AM

GRANTED 05/23/2014

BR

20140131A0N 303

E

WROC

71205

AM

GRANTED 05/23/2014

BRH 20140131A0M 303

E

WBEE-FM

71206

FM

BRH 20140131A0L

303

E

WBZA

71204

FM

GRANTED 05/23/2014 Jflft I Application
GRANTED 10/10/2014 Info I Application

BRH 20140131A0J

303

E

WKSE

34384

FM

GRANTED 10/10/2014 iflf

BRH 20140131A0H 303

E

WCMF-FM

1905

FM

GRANTED 05/23/2014

Info I Application

BRH 20140131A0E 303

E

WPXY-FM

53966

FM

GRANTED 05/23/2014

I Application

BRH 20140131A0B 303

E

WTSS

34382

FM

GRANTED 05/23/2014

BRH 20131127ASL

303

E

WWEI

11295

FM

GRANTED 03/24/2014

Info I Application
I Application

BRH 20131127AQT 303

E

WVEI-FM

71720

FM

GRANTED 03/24/2014

BRH 20131127A0P 303

E

WKAF

19633

FM

GRANTED 03/24/2014

iu
infi

BRH 20131127A0B 303

E

WAAF

74467

FM

GRANTED 10/09/2014

Info I AoIication

BRH 20131127ANR 303

E

WEEI-FM

1919

FM

GRANTED 10/09/2014

thi

BR

20131127ANH

303

E

WVEI

74466

AM

GRANTED 03/24/2014

BR

20131127AMS 303

E

WRKO

1902

AM

GRANTED 10/09/2014

BR

20131127AMI

303

E

WEEI

1912

AM

Info I Application
GRANTED 10/09/2014 Jnf I Application

BRH 20130926AUZ

303

E

KNDD

34530

FM

GRANTED 10/10/2014 JBIQ I Application

BR

20140326ADH 303

BRH 20140326ADF

BR

BRH 20140326ACS

I Application
I Application
I Application
I Application
I Application
I Application
I Application
I Application

Info I Application
Info I Application
Info I Application
Info I Application

I Application

I Alication
I Application

I Application
Info I Application

BRH 20130926AUY 303

E

KISW

47750

FM

GRANTED 10/10/2014

BRH 20130926AUW 303

E

KKWF

6367

FM

GRANTED 01/24/2014

I Application
Info I Application

BRH 20130926AUR 303

E

KHTP

18513

FM

GRANTED 10/10/2014

Info I AIication

BRH 20130926AUM 303

E

KGON

2432

FM

GRANTED 01/24/2014

iri

BR

303

E

KMTT

35033

AM

GRANTED 01/24/2014

BRH 20130926AUG 303

F

KYCH-FM

35034

FM

GRANTED 10/10/2014

Info I Application
Info j Application

BRH 20130926AUF

303

E

KRSK

68213

FM

GRANTED 01/24/2014 jj

20130926AUD 303

E

KZZD

72475

AM

GRANTED 01/24/2014

BR

20130926A1JH

Jnfc

I Application

I ApIication

Info

Application

BRH 20130926ATZ

303

E

KWJJ-FM

13738

FM

BR

303

F

KFXX

57830

AM

BRH 20130730A0B 303

E

KBLX-FM

28670

FM

GRANTED 01/24/2014 iofQ I ApIication
GRANTED 01/24/2014 Info I Application
GRANTED 11/22/2013 Info I Application

BRH 20130730A0A 303

E

KRBQ

65486

FM

GRANTED 11/22/2013

BRH 20130730ANY 303

E

KOIT

6380

FM

GRANTED 11/22/2013

BRH 20130730ANX 303

E

KGMZ

25446

FM

GRANTED 11/22/2013

BRH 20130730ANU 303

E

KUFX

65415

FM

BRH 20130327AGC 303

F

KKMJ-FM

66489

FM

GRANTED 07/21/2014 jjf
GRANTED 07/26/2013 Jn

20130327AFN

303

E

KJCE

1243

AM

GRANTED 07/26/2013

Info

Application

303

F

KAMX

48651

FM

GRANTED 10/10/2014

Application

BRH 20130128ACQ 303

E

KFH-FM

23292

FM

GRANTED 05/24/2013

Jnf I
Lcii I

BR

303

E

KFH

53598

AM

BRH 20130128AC0 303

E

KEYN-FM

53151

FM

GRANTED 05/24/2013 Jflf I Application
GRANTED 05/24/2013 Info Application

BRH 20130128ACN 303

E

KFBZ

53153

FM

GRANTED 10/10/2014

BR

E

KNSS

53152

AM

Info I Application
GRANTED 05/24/2013 Info I Application

303

E

KDGS

70266

FM

GRANTED 05/24/2013

BRH 20130128ACH 303

E

KMBZ-FM

2449

FM

GRANTED 05/24/2013

BR

20130128ACG 303

E

KYYS

73938

AM

GRANTED 05/24/2013

BR

20130128ACF

303

E

KWOD

87143

AM

GRANTED 05/24/2013

BRH 20121128AQL 303

E

KQMT

26929

FM

BR

303

E

KEZW

67843

AM

BRH 20121128AQF 303

E

KOSI

67844

FM

BRH 20121128APR 303

E

KALC

59601

FM

BR

20120925AAY 303

E

KCSP

11270

AM

Info I Application
GRANTED 01/25/2013 Info I Application

BR

20120925AAU

303

E

KMBZ

6382

AM

GRANTED 10/09/2014

Info I Application

BRH 20120925AAT

303

E

KZPT

6379

FM

GRANTED 01/25/2013

Info

BRH 20120925AAR 303

E

WDAF-FM

8609

FM

BRH 20120727AAW 303

E

WMYX-FM 27029

FM

GRANTED 01/25/2013 Jfl
I Application
GRANTED 11/23/2012 Info I Application

BRH 20120727AAV 303

E

WXSS

27031

FM

GRANTED 10/09/2014

BR

BR

20130926ATU

BRH 20130327AFI
20130128ACP

20130128ACM 303

BRH 20130128ACL

20121128AQJ

Info I Application

I

Application

Info I Application
Aprlication

I

I
in I
th I

ApIication

Application

Application
Apølication
Application

Info I Application
GRANTED 03/22/2013 Info I Application
GRANTED 03/22/2013 thfQ I Application
GRANTED 03/22/2013 Jfl I Application
GRANTED 03/22/2013

Application

20120727AAU

303

E

WSSP

27030

AM

Info I Application
GRANTED 11/23/2012 Info I Application

BRH 20120727AAT

303

E

WOLX-FM

60236

FM

GRANTED 11/23/2012

ioic I

BRH 20120727AAS

303

F

WMHX

73655

FM

GRANTED 11/23/2012

Info I Application

Anplication

BRH 20120727AAP

303

E

BRH 20120329AFH

303

E

BRH 20120329AFE

303

BR

20120329AFD

BRH 20120329AFB

73663

FM

GRANTED 11/23/2012

WRVR

34375

FM

GRANTED 07/31/2012

E

WLFP

2686

FM

GRANTED 07/27/2012

303

E

WMFS

34374

AM

GRANTED 07/27/2012

303

F

WMFS-FM

4653

FM

GRANTED 10/09/2014

BRH 20120329AEY 303

F

WMC-FM

59449

FM

Info I Arxlication
GRANTED 07/10/2013 iniQ I AIication

BR

20120329AEX 303

F

WMC

19185

AM

GRANTED 07/27/2012

BRH 20120329AER 303

E

WZPL

47144

FM

GRANTED 07/27/2012

Info I Ardication
j
I Application

BRH 20120329AEB

303

E

WNTR

47143

FM

GRANTED 07/27/2012

infc

BR

303

E

WXNT

47145

AM

GRANTED 07/27/2012

BRH 20120125ACG 303

E

WKBU

52434

FM

GRANTED 05/25/2012

Info I ApIication
Info I AIication

BRH 20120125ACF

303

E

WWL-FM

52435

FM

GRANTED 05/25/2012

in

BRH 20120125ACD 303

E

WLMG

34376

FM

BRH 20120125ABZ

303

E

WEZB

20346

FM

GRANTED 05/25/2012 jnfç^ I Arplication
GRANTED 10/09/2014
I ApIication

BR

20120125ABY 303

E

WWL

34377

AM

GRANTED 10/09/2014

BR

20120125ABW 303

F

WWWL

72959

AM

GRANTED 05/25/2012

BRH 20110930AEQ 303

E

WSKY-FM

23352

FM

Info I ApIication
GRANTED 10/09/2014 Info I AprThcation

BRH 20110930AED 303

F

WKTK

18520

FM

GRANTED 03/21/2012

Info I Application

BRH 20110729AFV

303

E

WJMH

40754

FM

GRANTED 07/23/2014

BRH 20110729AFU

303

E

WSMW

71272

FM

GRANTED 03/21/2012

Application

BRH 20110729AFT

303

F

WQMG

47078

FM

GRANTED 11/25/2011

Jnf I
in I
I

BRH 20110729AFR

303

E

WPAW

40752

FM

GRANTED 10/09/2014

Info

Application

BR

20110729AFM 303

E

WEAL

49315

AM

GRANTED 03/21/2012

ioi

BR

20110729AFK

303

E

WPET

71271

AM

GRANTED 11/25/2011

Info

Application

BRH 20110729AEY 303

E

WYRD-FM

53623

FM

GRANTED 11/25/2011

Application

BRH 20110729AEW 303

E

WROQ

318

FM

GRANTED 07/23/2014

intc I
I

BRH 20110729AET

303

E

WFBC-FM

34390

FM

GRANTED 11/25/2011

Info I Application

BRH 20110729AE0 303

E

WTPT

4677

FM

GRANTED 10/09/2014

Info

BR

303

E

WORD

66390

AM

GRANTED 11/25/2011

Info I Application

BRH 20110729ADW 303

E

WSPA-FM

66400

FM

GRANTED 11/25/2011

BRH 20110527A1P

303

E

WPTE

64004

FM

GRANTED 09/27/2011

BRH 20110527A1M

303

E

WVKL

4672

FM

GRANTED 09/27/2011

Info I Application
Info I Application

BRH 20110527A1J

303

F

WWDF-FM 40753

FM

GRANTED 09/27/2011

1E!IQ I Application

BRH 20110527A1E

303

E

WNVZ

40755

FM

GRANTED 10/09/2014

BR

303

E

WBZU

36200

AM

GRANTED 03/04/2008

infc I
iatc I

BRH 20060403BTG 303

E

WHBS

22925

FM

GRANTED 03/04/2008

Info I Application

BRH 20060403BSV 303

F

WILK-FM

22666

FM

GRANTED 03/04/2008

BRH 20060403BRL

303

E

WGGI

19543

FM

GRANTED 03/04/2008

JntQ I
ir I

BRH 20060403BRJ

303

E

WGGY

36202

FM

GRANTED 03/04/2008

Info I Application

20120329ADZ

20110729AEE

20060403BTY

Info

AijHcation
I Aprlication

JniQ

I Arlication
Info I AIication

I ApIication

I AIication

I

I

AøIication

Application
Application
Application

Application
Application

I

Application

Application
Application
Application
ApIication

BR

20060403BQT 303

E

WILK

34380

AM

BRH 20060403BQE 303

E

WKRF

14643

FM

GRANTED 03/04/2008 JnfQ I Application
GRANTED 09/06/2012 jn
Application

BRH 20060403BPW 303

E

WKRZ

34379

FM

GRANTED 09/06/2012

Info I Aølication

BR

E

WKZN

22667

AM

GRANTED 03/04/2008

inic

303

E

WLKK

9250

FM

GRANTED 03/04/2008

BR

20060201BAR 303

E

WWWS

56104

AM

GRANTED 03/04/2008

Info I Application
Info I Application

BR

20060201BAJ

303

E

WGR

56101

AM

GRANTED 03/04/2008

iniQ

I Application

BRH 20060201BAC 303

E

WKSE

34384

FM

GRANTED 03/04/2008

Info

Application

BRH 20060201AZC

303

E

WTSS

34382

FM

GRANTED 03/04/2008

intc

I ApIication

BRH 20060201A0G 303

E

WFKL

37824

FM

GRANTED 03/04/2008

BRH 20060201ANJ

303

E

WBZA

71204

FM

Info I Application
GRANTED 03/04/2008 thi I Application

BRH 20060201ANC 303

F

WBEE-FM

71206

FM

GRANTED 03/04/2008

BR

303

E

WROC

71205

AM

GRANTED 03/04/2008

BRH 20051201CGE 303

E

WVEI-FM

71720

FM

GRANTED 03/04/2008

BRH 20051201CFP

303

F

WAAF

74467

FM

Info I Application
GRANTED 10/09/2014 Jf I Application

20051201CFN

303

E

WEEI

1912

AM

GRANTED 10/09/2014 Ji

BRH 20051201CFM 303

E

WEEI-FM

1919

FM

GRANTED 10/09/2014

BR

20051201CFG 303

E

WRKO

1902

AM

GRANTED 10/09/2014

BR

20051201CFB

303

E

WVEI

74466

AM

GRANTED 03/04/2008

BRH 20051003CCX 303

E

KIRO-FM

33682

FM

GRANTED 03/04/2008

BR

20051003CCW 303

E

KTTH

27023

AM

GRANTED 03/04/2008

BR

20051003CCU

303

E

KIRO

6362

AM

GRANTED 03/04/2008 ifl

BRH 20051003CBK 303

E

KHTP

18513

FM

GRANTED 03/04/2008

BRH 20051003CAJ

303

F

KKWF

6367

FM

GRANTED 03/04/2008

BRH 20051003CAA 303

E

KISW

47750

FM

BRH 20051003BZT

303

E

KNDD

34530

BRH 20051003BFW 303

E

KGON

20051003BFU

303

E

BRH 20051003BF0 303
BR

20051003BFL

BR

20060403BPQ 303

BRH 20060201BAY

BR

20060201AM1

ini
Jn

I Application

I Application
I Application

I Application

Info I Application
Info I Application

Jnic
iniQ
in

I Application
I Application
I Application
I Application

infc
th

I Application

GRANTED 03/04/2008

I Application
Info I Application

FM

GRANTED 03/04/2008

thf

2432

FM

GRANTED 09/06/2012

JniQ

I Application
I Application

KMTT

35033

AM

GRANTED 03/04/2008

E

KWJJ-FM

13738

FM

GRANTED 03/04/2008

Jn
ini

I Application
I Application

303

E

KFXX

57830

AM

GRANTED 03/04/2008

20051003BFJ

303

E

KZZD

72475

AM

Info I Application
GRANTED 03/04/2008 iatc I Application

BRH 20051003BFH

303

E

KRSK

68213

FM

GRANTED 09/06/2012

infc

BRH 20051003BEY 303

E

KYCH-FM

35034

FM

GRANTED 03/04/2008

BR

E

KCTC

67848

AM

GRANTED 09/06/2012

Info I Application
Info I Application
Info I Aplication

BR

20050728AUX 303

I Application

BRH 20050728ATT

303

E

KKDO

6810

FM

GRANTED 09/06/2012

BR

20050201BEC

303

E

KWOD

87143

AM

GRANTED 10/19/2010 ifl

BR

20050201AFZ

303

E

KNSS

53152

AM

GRANTED 10/22/2009

Info I Application

BRH 20050201AFW 303

E

KFH-FM

23292

FM

GRANTED 06/16/2011

BR

E

KFH

53598

AM

GRANTED 05/22/2012

I Application
iniQ I Application

20050201AFV

303

I Application

FCC Home

I

Search

I

Updates

I

E-Filing

I

Initiatives

I

For Consumers

I

Find People

Please send comments via standard mail to the Federal Communications Commission, Consumer and Governmental Affairs Bureau, 445 12th
Street, S.W., Washington, D.C., 20554. Questions can also be answered by calling the FCC's National Call Center, toll free, at 1-888-Call FCC (1888-225-5322).
Federal Communications Commission
445 12th Street SW
Washington, DC 20554
More FCC Contact Information...

Phone: 1-888-CALL-FCC (1-888-225-5322)
TTY: 1-888-TELL-FCC (1-888-835-5322)
Fax: 1-866-418-0232
E-mail: fccinfofcc.gov

-

Privacy Policy
Website Policies & Notices
Reguired Browser Plug-ins
Freedom of Information Act

ATTACHMENT B

OFFICE OF THE

DISTRICT ATTORNEY
SACRAMENTO COUNTY
JAN SCULLY
DISTRICT ATTORNEY

CYNTHIA G. BESEMER
CHIEF DEPUTY

CASE OF INTEREST
Date:

April 2, 2007

Re:

Death of Jennifer Strange

District AttorneyJan Scully announced today no charges wifi be filed in the death of twentyeight year old Jennifer Strange on January 12, 2007.
On Friday, January 12, 2007, Jennifer Strange voluntarily participated in a contest on radio
station 107.9 KDND (THE END). The name of the contest, "Hold Your Wii", called for contestants
to drink a specified amount of water within a specified amount of time. When the contest first
began, contestants were asked to drink one 8-ounce bottle of water every 15 minutes. As the
contest progressed, they were asked to consume a 16-ounce bottle of water every 10 minutes. The
contestant who was able to drink the most water and go the longest amount of time without
vomiting or urinating (in the DJs' words, "hold their Wii") would win the prize - a Nintendo Wii
Video Game Console.
There were originally eighteen (18) contestants vying to win the Wii. The contest was held in an
employee break room at the radio station on Madison Avenue in Sacramento County. The
contest began sometime between 6:00 am. and 6:30 a.m. the morning of January 12. Jennifer
Strange was with seventeen other contestants and their supporters throughout the contest.
Toward the end of the contest, Ms. Strange expressed some level of discomfort. When asked by
a DJ, she complained somewhat jokingly that her head hurt and she felt light-headed. However,
she evidenced no symptoms which would lead a reasonable person to conclude that she was
seriously ifi or in danger of dying.
The last two contestants to remain in the competition were Jennifer Strange and Lucy Davidson.
Towards the end of the contest, DJs interviewedJennifer Strange on the radio and offered her
two tickets to a Justin Timberlake show at Arco Arena for that evening if she dropped out of the
competition. After discussing the choice with the DJs, she elected to drop out of the contest and
take theJustin Timberlake tickets. The contest ended at that point and Ms. Davidson was
declared the winner. Shortly thereafter Jennifer Strange collected her prize, left the radio station
under her own power, and drove home.
She was found unresponsive in her home later that afternoon by her mother. The Rancho
Cordova Police Department was called to her home and arrived there at approximately 2:15 p.m.

P.O. Box 749 * 901 0 Street * Sacramento, Califomia 95814
(916)8746218*F((9I6)8748540

The Sacramento Metropolitan Fire Department pronounced her dead at the scene. Preliminary
autopsy results indicate she died of water poisoning.
Her death was investigated by the Sacramento Sheriff's Department Homicide Bureau and
submitted to the District Attorney's office for the possible filing of criminal charges. Based on
the facts and circumstances in this case, the only criminal charge considered was involuntary
manslaughter because of possible criminal negligence by the radio station anchor its employees.
Further, the only criminal case supporting such a theory of prosecution is People v. Carol Ann
Oliver (1989) 210 CAL APP 3D 138, 143-145.
In the Oliver case, the defendant first met her victim in a bar; he was extremely intoxicated. She
took the victim to her home. At her house, the victim told her he wanted to inject dope, so she
supplied him a spoon. He went into the bathroom and shot up. As he exited the bathroom he
collapsed and was unresponsive. The defendant then left her home and went back to the bar.
She returned sometime later and, with help from others, dragged the victim outside and placed
him behind a shed away from public view. The victim was heard snoring at that time.
In the morning, defendant went out to check on him and found him dead. He died as a result of
morphine poisoning. In Oliver, the court ruled that the conduct of the defendant created a
special relationship and a duty of care as a result of her conduct. Thus, she had a duty to
summon medical aid because by her conduct that evening she placed the decedent in a position
where she alone could provide medical care.
That is clearly not the situation in the death of Jennifer Strange. No special duty or relationship
was created by virtue of the radio station offering the "Hold Your Wii" contest. Jennifer Strange
was an adult who was voluntarily participating in the radio contest. She knew what the contest
involved when she entered it, and had the option to stop or discontinue her participation in the
contest at any time. In addition, the location where the contest took place, while not in a public
area, was in an area from which she was free to leave at any time; and she was constantly
observed by other people including contestants, their supporters and radio employees. Ms.
Strange also was interviewed twice on air by the DJs during the contest with no apparent
difficulty.
The facts and circumstances of this ifi-fated event do not support the filing of criminal charges
against the radio station or any of its employees. Based on the evidence, no duty or special
relationship existed or was created between the radio station and/or its employees andJennifer
Strange because of the contest. Finally, and most importantly in our decision not to file
involuntary manslaughter charges, there were no observable indications or symptoms that
Jennifer Strange was experiencing a serious medical emergency which would have required
station employees to seek or administer medical aid to her.
This case is distinguishable from the hazing death of a Chico State fraternity pledge who died of
water poisoning during "Hell Week" because of drinking a large quantity of water. The "hazing
death" case was prosecuted under the misdemeanor manslaughter rule, where an inherently
dangerous misdemeanor results in death. In the Chico case, the underlying charge was hazing, a
violation of Penal Code Section 245.6. No such "inherently dangerous misdemeanor resulting in
death" was present in the facts surrounding the death of Ms. Strange.
Contact:

Lana Wyant, Special Assistant Deputy District Attorney
Telephone: (916) 874-5907

P.O. Box 749 * 901 G Street * Saerarnento,Califomia 95814
(916) 874-6218 * FAX (916) 874-8540

CERTIFICATE OF SERVICE
I, Deborah A. Morris, a secretary in the law firm of Lerman Senter PLLC, do hereby
certify that a true copy of the Opposition to Petition for Reconsideration was sent this 26th day
of November, 2014 by first-class mail to the following:
Dennis J. Kelly, Esq.
Law Office of Dennis J. Kelly
P.O. Box 41177
Washington, DC 20018
Larry Bruce
254 Chandler Road
Andover, MA 01810

Deborah A. Morris