kdnd petition to deny

8/14/2019 KDND Petition to Deny

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Before the

Federal Communications CommissionWashington, DC 20554

In the Matter of the Applications of )))

ENTERCOM SACRAMENTO LICENSE, LLC ))

Licensee of KDND(FM), Sacramento, California )Facility 65483 )

To: Office of SecretaryAtt: Chief, Media Bureau

PETITION TO DENY LICENSE OF KDND(FM)

Media Action Center in El Dorado Hills (MAC,) and Sue Wilson (individual

petitioner) hereby petitions the Federal Communications Commission (the

Commission or FCC) to deny the license renewal application of KDND FM, a radio

station operated by and licensed to Entercom Sacramento Licensee LLC (Entercom or

Licensee) and licensed to Sacramento, California. As demonstrated herein, Entercom

has repeatedly violated the FCCs rules, regulations and policies and lacks the character

qualifications necessary to remain the licensee of KDND(FM).

MAC is a non-profit, non-partisan project fiscally sponsored by the Media

Alliance, a 501-c-3 not for profit organization. MAC brings this petition on its own

behalf, and on behalf of the individuals it represents who reside in the service area of

KDND, including MAC Director Sue Wilson. Petitioner Wilson regularly listens to

KDND. Accordingly, Petitioner has standing to file this Petition. Much of the contents


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herein are based on Wilsons personal witnessing of events at the William A Strange v

Entercom trial. See declaration of Sue Wilson, attached hereto. 1

SUMMARY

Entercom Greedswas Responsible for the Tragic Death of Jennifer Strange.

It was a stupid radio stunt designed to raise the ratings and revenues of

Entercoms KDND-FM in Sacramento, California until it went wrong. On January 12,

2007, Entercoms KDND-FM decided to stage a contest, Hold Your Wee for a Wii. In

the end, a 28-year-old woman, Jennifer Strange, mother of three children, Keegan, 10,

Ryland, 3, and Jorie, just 11 months, was dead.

To win a Nintendo Wii video game contestants had to drink as much water as

possible without urinating. Ms. Strange was one of about 20 contestants. As fellow

contestant James Ybarra stated: I was talking to her, and she was a nice lady. She was

telling me about her family and her three kids and how she was doing it for her kids.2

Ms. Strange spent hours at the studios of KDND(FM) guzzling water. Fellow

competitor Jennifer Winsor said she saw Ms. Strange drink 8 bottles of water, each

containing 8 fluid ounces, then 10 additional 16-ounce bottles before the contest was

over, a total of 224 ounces.3

Entercom kept Ms. Strange and the other contestants in a room away from the

studio where they could not hear on-air comments or callers.4 KDNDsMorning Rave

2Associated Press, January 13, 2007.3 The Sacramento Bee, January 18, 2007, seewww.sacbee.com.4 San Francisco Chronicle, January 18, 2007.
http://www.sacbee.com/http://www.sacbee.com/http://www.sacbee.com/http://www.sacbee.com/


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complete set of contest rules was never given to the contestants. Worse, the Morning

Rave crew never followed the undisclosed written rules. Instead, they created rules on

the fly which made contestants drink so much water, it was a clear threat to their health

and safety.

Several hours into the contest, Entercoms employees interviewed Ms. Strange on

the air. She said she was not feeling well, and complained that her head hurt. "They keep

telling me that it's the water. That it will tell my head to hurt and then it will make me

puke," she said. Eventually, Ms. Strange gave in and accepted the second-place prize:

tickets to a Justin Timberlake concert. She commented that she looked pregnant, and a

female DJ agreed. "Oh, my gosh, look at that belly. That's full of water. ... Come on

over, Jennifer, you OK?" a male DJ asked. "You going to pass out right now? Too much

water?" This is what it looks like when youre drowning.

Yes, too much water. Within hours, Jennifer Strange, the mother of three young

children, died.7 All she wanted was to win a much sought-after video game for her

children. As Ms. Campos states, She talked about her kids the whole time.8 Other

contestants remember Ms. Strange showing pictures of her children and saying she was

hoping to win the game console for them.

Later that day, after station management was informed of Mrs. Stranges death,

they did not even bother to call the other contestants who had been ill to warn them of

possible danger to their lives.

6 San Francisco Chronicle, January 18, 2007.7 http://www.msnbc.msn.com/id/16614865/8 San Francisco Chronicle, January 18, 2007.
http://www.msnbc.msn.com/id/16614865/http://www.msnbc.msn.com/id/16614865/http://www.msnbc.msn.com/id/16614865/


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October 29, 2009, a jury of 12 persons in Sacramento found Entercom

Sacramento 100% liable for the death of Mrs. Strange.

The contest was designed to be dangerous, in order to bring in high ratings, But

safety was skirted to create scintillating programming. That, combined with a complete

lack of oversight from management, added up to a lethal combination: a radio

conglomerate more interested in ratings than safety.

This event, along with many others which show a pattern of bad behavior, prove

that Entercom does not have the character to hold the license of KDND.


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PETITION TO DENY LICENSE RENEWAL AND OTHER RELIEF

I. JURY FOUND ENTERCOM SACRAMENTO LIABLE FOR THE DEATH OF

JENNIFER LEA STRANGE

October 29, 2009, a jury of seven men and five women unanimously rendered a

verdict in the civil trial of William A. Strange et al v. Entercom Sacramento LLC and

Entercom Communications Inc. et al finding Entercom Sacramento liable for the death of

28 year old mother of three, Jennifer Lea Strange. 9

II. ENTERCOM LACKS THE CHARACTER QUALIFICATIONS TO BE

AN FCC LICENSEE

A. KDND Management Knew They Were Promoting a Deadly Stunt But

Didnt Tell Contestants

KDND staff and management knew the Wii contest was dangerous, but never

bothered to inform the contestants of the danger; instead, they withheld information of

the risks from the contestants.

On air Deejays Steve Maney, Patricia Sweet and Adam Cox (Lukas) and Matt Carter

clearly knew about the dangers of water intoxication. In December 2006, just weeks

before the "Wii" contest, the on-air team joked about the 2005 water drinking death of

9EXHIBIT A Judgment on Verdict


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Chico State student Matthew Carrington in a fraternity hazing incident. 10The Carrington

death was widely publicized nationally 11and also in the Sacramento area. 12

The Morning Rave team personally witnessed the effects of water intoxication

during that December 2006 Morning Rave program when they encouraged their gag guy

Fester," real name Peter Inzerillo, to drink several vases of water from a tulip vase. 13

Inzerillo, a very large man, testified he specifically remembered the December

2006 program where he and the on air talent joked about the Chico water drinking death

of Matthew Carrington. After drinking about two gallons of water, he fell very ill. 14

Inzerillo further said he referred back to that show on the air during the Wii

contest, where in response to Patricia Sweet's comment, "Can't you get water poisoning

and like, die?" he said, "How much can you do, though, since that poor kid in college?

only to be cut off by the other on air hosts. 15 16

During the Wii contest, many people, including nurses, were calling into the

station to warn them of the danger. The on air staff used those calls to hype the contest to

produce higher ratings, and ignored the real threat. A female caller named Eva: "I want

to say that, um, that those people that are drinking all that water can get sick and possibly

die from water intoxication." DJ: "We're aware of that." DJ: "They signed releases, so

we're not responsible. It's OK."17 Other listeners who were not put on the air also called

10http://www.suewilsonreports.com/2009/09/witness-testimony-in-jennifer-strange.html; trial transcripts11http://www.nbcnews.com/id/13529682/page/2/#.Umg6nRCRIj5

12 http://www.newsreview.com/chico/guilty-pleas-dont-ease-pain/content?oid=4340913Exhibit R: Carter Depo14http://www.suewilsonreports.com/2009/09/witness-testimony-in-jennifer-strange.html; trial transcripts15Exhibit B: Broadcast Transcript page16http://www.suewilsonreports.com/2009/09/witness-testimony-in-jennifer-strange.html; trial transcripts17Exhibit B: Broadcast Transcript
http://www.suewilsonreports.com/2009/09/witness-testimony-in-jennifer-strange.htmlhttp://www.suewilsonreports.com/2009/09/witness-testimony-in-jennifer-strange.htmlhttp://www.suewilsonreports.com/2009/09/witness-testimony-in-jennifer-strange.htmlhttp://www.newsreview.com/chico/guilty-pleas-dont-ease-pain/content?oid=43409http://www.newsreview.com/chico/guilty-pleas-dont-ease-pain/content?oid=43409http://www.suewilsonreports.com/2009/09/witness-testimony-in-jennifer-strange.htmlhttp://www.suewilsonreports.com/2009/09/witness-testimony-in-jennifer-strange.htmlhttp://www.suewilsonreports.com/2009/09/witness-testimony-in-jennifer-strange.htmlhttp://www.suewilsonreports.com/2009/09/witness-testimony-in-jennifer-strange.htmlhttp://www.suewilsonreports.com/2009/09/witness-testimony-in-jennifer-strange.htmlhttp://www.suewilsonreports.com/2009/09/witness-testimony-in-jennifer-strange.htmlhttp://www.suewilsonreports.com/2009/09/witness-testimony-in-jennifer-strange.htmlhttp://www.suewilsonreports.com/2009/09/witness-testimony-in-jennifer-strange.htmlhttp://www.newsreview.com/chico/guilty-pleas-dont-ease-pain/content?oid=43409http://www.suewilsonreports.com/2009/09/witness-testimony-in-jennifer-strange.html


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to warn the station of the danger, but were laughed off, and told the station was not liable,

as contestants had signed release forms. 18

Staff and management clearly understood at this point that their contest could be

dangerous, but contestants learned of the warning calls from their friends and families

after theyd left the station.19 Friends could not warn them by phone either: no cell

phones were allowed in the contest area. 20 Neither the on-air staff nor Entercom

management ever divulged any risks to the contestants themselves. 21

B. Entercom Staff Ignored Mrs. Stranges and Other Contestants Illnesses

The disk jockeys at KDND were witnessing the contestants getting ill from the

contest, suffering severe headaches and vomiting into wastebaskets, all while

encouraging them to drink still more water. 22

Contest Winner Lucy Davidson was in great pain from drinking so much water and

holding her urine so long. Even after the contest was over, she said, the DJ's would not

let her use the bathroom. When she finally did, she heard someone in the next stall

peeing, gagging, and vomiting, and testified said she did the same. When she finally

stood up, she became lightheaded and fell to her knees, with a headache she described as

"the worst hangover ever." When she came out of the stall, she realized the sounds she'd

18Exhibit C: email from listener19Exhibit D: Sherrod Deposition20Exhibit D: Sherrod Deposition21Exhibit E: Davidson Deposition22Exhibit B: Broadcast transcript


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heard in the neighboring stall had come from Jennifer Strange. Davidson testified that

the two did not talk, because they were unable to talk. 23

On air host Steve Maney testified he escorted Jennifer out to the lobby after the

contest was over, and that she felt ill, and her stomach was distended. He told her she

could stay there until she felt better and left her. Despite her condition, no medical

personnel were called. 24

Despite the physical nature of the contest, and despite the fact that people were

vomiting and complaining of headaches, no medical personnel was present, and no

training had ever been provided to staff as to how to treat an ill contestant.

25

Many contestants were ill for many hours after the contest. 26But even after station

management learned of Mrs. Stranges death, no one called any of the other contestants

to warn them of possible harm. 27 28 Station Manager Steve Weed asked Market

Manager John Geary for permission to do so, but Geary specifically told him not to until

hed talked with Entercoms legal department. 2930 Geary asked Weed to get on the

phonenot to warn the contestants, but to find referrals for an attorney. 31

Instead of learning of Mrs. Stranges death from the station that had sponsored the

stunt, the contestants learned about it that evening on the local news. 32

23http://www.suewilsonreports.com/2009/09/wii-winner-testifies.html; trial transcripts24http://www.suewilsonreports.com/2009/09/witness-testimony-in-jennifer-strange.html; trial transcripts25Exhibit F: Pechota Deposition26Exhibit E: Davidson Deposition27Exhibit G: Sherrod Declaration28Exhibit H: Davidson Declaration29Exhibit I: Steve Weed Deposition30Exhibit J: Geary Declaration31Exhibit I: Weed Deposition
http://www.suewilsonreports.com/2009/09/wii-winner-testifies.htmlhttp://www.suewilsonreports.com/2009/09/wii-winner-testifies.htmlhttp://www.suewilsonreports.com/2009/09/wii-winner-testifies.htmlhttp://www.suewilsonreports.com/2009/09/witness-testimony-in-jennifer-strange.htmlhttp://www.suewilsonreports.com/2009/09/witness-testimony-in-jennifer-strange.htmlhttp://www.suewilsonreports.com/2009/09/witness-testimony-in-jennifer-strange.htmlhttp://www.suewilsonreports.com/2009/09/witness-testimony-in-jennifer-strange.htmlhttp://www.suewilsonreports.com/2009/09/wii-winner-testifies.html


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C. Entercom Corporate Structure Favors Ratings Over Safety

The entire contest was designed to have a thrill factor to boost ratings, as is a

hallmark of Entercom programming. To encourage such ratings getting contests,

Entercom developed a system which gave broad discretion to individual stations with

little or no training or oversight from the parent company.

Entercom staff attorney Carmela Masi developed a training series about contests

for Entercom Sacramento which were vague and ill-defined, and which left such

determinations to promotions managers, those most involved in boosting ratings.

Promotion manager Robin Pechota routinely had difficulty reaching Masi about contests,

and was told to use her own judgment about them. 33

This broad discretion made it easy for Entercom Sacramento management to ignore

safety, which was not discussed, and focus on good radio to increase ratings and

profits. 34

Entercoms management structure exacerbated the chaos which led to Mrs.

Stranges death. The one man who should have prevented it, Market Manager John

Geary, put full blame for the incident on his staff. He said he had no knowledge of the

contest, beyond complaints of noise from his sales staff. 35 Geary further stated that years

ago, when he ran one or two radio stations, he could know everything that was going on,

whereas now he is running six stations, and cannot drill down to know whats going

32Exhibit D : Sherrod Deposition33 Exhibit F: Pechota Deposition34http://www.suewilsonreports.com/2009/10/station-manager-not-told-what-dangerous.html ; trial transcripts35Exhibit J: Geary Declaration
http://www.suewilsonreports.com/2009/10/station-manager-not-told-what-dangerous.htmlhttp://www.suewilsonreports.com/2009/10/station-manager-not-told-what-dangerous.htmlhttp://www.suewilsonreports.com/2009/10/station-manager-not-told-what-dangerous.htmlhttp://www.suewilsonreports.com/2009/10/station-manager-not-told-what-dangerous.html


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on. 36But under Entercoms management structure, Geary was running eight different

departments and supervising 130 employees at six stations. 37

While economies of scale improve profits, Entercom does have the responsibility to

ensure stations are properly staffed to serve the Public Interest.

In short, vague guidelines about contests and too few managers for so many radio

stations created the atmosphere of theatrics which resulted in the death of Mrs. Strange.

II. VIOLATIONS OF FCC CONTEST RULES

Section 73.1216 of the Commission's rules states that broadcast licensees must

"fully and accurately disclose the material terms" of any contests that it conducts, and

"conduct the contest substantially as announced or advertised."

Section 73.1216 of the Rules provides, A licensee that broadcasts or advertises

information about a contest it conducts shall fully and accurately disclose the material

terms of the contest, and shall conduct the contest substantially as announced or

advertised. No contest description shall be false, misleading or deceptive with respect to

any material term.19 47 C.F.R. 73.1216.

It was proven in the case William Strange v Entercom that station KDND grossly

violated FCC rules about contests, so much that a woman died as a result.

First, in the days preceding the Hold Your Wee for a Wii contest, Entercom

failed to air the specific rules of the contest, a clear violation of FCC Rules. None of the

36Exhibit J: Geary Declaration37http://www.suewilsonreports.com/2009/09/entercom-market-manager-grilled.html; trial transcripts
http://www.suewilsonreports.com/2009/09/entercom-market-manager-grilled.htmlhttp://www.suewilsonreports.com/2009/09/entercom-market-manager-grilled.htmlhttp://www.suewilsonreports.com/2009/09/entercom-market-manager-grilled.htmlhttp://www.suewilsonreports.com/2009/09/entercom-market-manager-grilled.html


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contestants were ever informed of the rules of the contest, which easily allowed the rules

to be changed to a deadly game.

Promotions Director Robin Pechota did draft rules for the Wii contest that said

provided that contestants would be drinking 8 ounces of water every fifteen minutes, and

specifically warned of physical hazards. 38 However, station management never actually

gave that document to the contestants themselves.

Instead, contestants were given the generic, Release For All Claims Including

Personal Injury 39 40 41

That release form was so generic that Judge Lloyd Phillips gave the jury

instructions it was insufficient to be a waiver under California law. 42

Station Manager Steve Weed testified he never considered giving the actual contest

rules to the contestants themselves. 43

Not only were the rules not given to the contestants, the written rules that existed

were never followed. 44

The rules stated that contestants would be given eight ounces of water every fifteen

minutes. Instead, the Morning Rave crew started by giving the contestants eight ounces

of water every ten minutes, not fifteen. 45

That was bad enough, but by 8 AM, the hosts worried the contest would not be

over by the end of their program, and so doubled the amount of water contestants would

be drinking to a sixteen ounce bottle of water every ten minutes. 46

38Exhibit K: Hold Your Wee For a Nintendo Wii Rules39Exhibit L: Release Form signed by Jennifer Strange40Exhibit E: Davidson Deposition41Exhibit M: Davidson signed Release form42Exhibit N: Jury Instructions43http://www.suewilsonreports.com/2009/10/station-manager-not-told-what-dangerous.html ; trial transcripts44Exhibit O: Myers Depo
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Program Director Robin Pechota and Station Manager Steve Weed concurred that

the rules had indeed been changed. 47 48

This issue of Contest Rules is critical. Had the written rules been given to the

contestants, had they been followed, Jennifer Strange would be alive today.

III. PATTERN OF ABUSE

It wasnt the first time KDND sponsored a contest without any rules. Talent Peter

Inzerillo testified he had participated in other contests where there were no rules, and he

had been given none for the Wii contest. 49 Inzerillo, in his character as Fester during

the Morning Rave show, even said during the Wii contest he wanted to see the rules. He

was given none. 50

Entercom President David Field said under oath that nothing on the air should ever

be in bad taste. 51Yet the Licensees actions speak louder than words.

The Morning Rave crew engaged in stunts not only in bad taste, but that were

potentially dangerous. Theyd have Inzerillo eat cockroaches, 52 and theyd have their

talent engage in stunts in which they themselves would become injured. 53

45Exhibit B: Broadcast Transcript46Exhibit B: Broadcast Transcript47Exhibit F: Pechota Deposition48Exhibit I: Weed Deposition49http://www.suewilsonreports.com/2009/09/witness-testimony-in-jennifer-strange.html; trial transcripts50Exhibit B: Broadcast transcript51Exhibit P: Field Deposition
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Jennifer Strange herself entered a contest called The Breast Christmas Ever

Contest. The prize would be breast augmentation. But Mrs. Strange, herself a medical

professional, dropped out of that contest after learning the plastic surgeon who would be

doing the augmentation was not reputable. 54

There are other problems with contests at KDND. A public files inspection

conducted October 10, 2013, revealed two separate complaints from listeners who had

won contests, but never received their prizes.

This pattern of behavior showing lack of character is not only at KDND, but at

other Entercom Sacramento stations as well. In 2004, the Commission fined Entercom

Sacramento station KRXQ(FM) $55,000 for two indecent broadcasts aired in the

previous license period. Each was fined the $27,500 maximum per incident because of

the egregious nature of the violations - and because Entercom has been punished for

indecency violations in the past.

KRXQ and KDND are both managed by Entercom Sacramento, and both were

under continuous management of John Geary, who managed Entercom Sacramento for

Licensee from 1986 to 2013. 55

The Commission also fined the Licensee $220,000 for airing indecent material on

two Kansas stations. 56The Licensees station in Seattle was fined an additional $12,000

that same year for willful and repeated broadcasts of indecent materialduring the "Andy

Savage Show". 57

52Exhibit Q: Maney Deposition53Exhibit R: Carter Deposition54Exhibit S: William Strange Deposition55http://videos.allaccess.com/net-news/archive/story/113361/entercom-sacramento-vp-market-manager-john-geary-t?ref=search56LA Times,12-23-2004 see http://articles.latimes.com/2004/dec/23/business/fi-naked2357http://radio.about.com/cs/latestradionews/a/aa051404a.htm


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One doesnt have to go back to the previous license period to find evidence of poor

character conducted by the Licensee. A January 23, 2007 report in the Sacramento Bee 58

lists the following:

* In late December, the company agreed to pay a $3.5 million (plus another$750,000 for costs to the state for investigating) settlement to theNew YorkAttorney General's office as part of a radio payola scandal in 2004 and '05. TheAG's office charged that Entercom had solicted bribes fromrecord labelsandtraded air time for songs for a multitude of promotional items, including trips.

As part of the settlement, Entercom also agreed to hire a compliance officer anddo internal monitoring of promotion practices. In other words, they've promised toclean up their act and stop doing the pay-for-play practice.

The FCC has finished with its investigation.

There may be many more such violations pending action at the FCC; the

Commission is in a better position to know that than this Petitioner.

IV. PUBLIC FILES VIOLATIONS

A public files inspection conducted October 10, 2013 by Petitioner revealed lapses

in comments from the public.

A file marked 2010 showed several letters and emails from the public, 53 in all.

Many listeners complained of indecency violations. Two complained theyd never

received a prize theyd won in a contest. Some complimented the station.

The file from 2011 showed only four such emails all year. The file from 2012

contained no comment from the public whatsoever. The 2013 file showed only two.

58http://www.sacbee.com/static/weblogs/ticket/archives/005317.html
http://topics.sacbee.com/New+York/http://topics.sacbee.com/New+York/http://topics.sacbee.com/New+York/http://topics.sacbee.com/record+labels/http://topics.sacbee.com/record+labels/http://topics.sacbee.com/record+labels/http://topics.sacbee.com/record+labels/http://topics.sacbee.com/New+York/


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It is highly unlikely a radio station which once received an average of one

comment a week from the public suddenly received none. Indeed, KDND Deejays

actually read an email complaining of racism dated September 26, 2012 on the air, and

defended themselves. 59The email, they said, was given to them by their boss.

Somehow, the boss at KDND got the negative public comment, and Deejays read it on

the air, but that comment never made it into the public file.

V. ENTERCOM OPERATING WITHOUT A RENEWED LICENSE SINCE 2005

July 28, 2005, Entercom Sacramento License LLC applied for renewal of its

broadcast station license.

November 1, 2005, Irene M. Stolz filed petitions to deny the renewal of all six

broadcast licenses Licensee has in Sacramento.

January 22, 2007, Strange family attorney wrote to then FCC Chair Kevin Martin,

asking that KDNDs license be stripped.60 January 24, 2007, it was reported that Martin

directed the Enforcement Bureau to investigate the water drinking contest. 61

All these many years later, the FCC has taken no action against this reckless

broadcaster. It is even possible that, had the 2005 petition to deny been adjudicated,

Jennifer Strange would be alive today.

59http://www2.endonline.com/listen/complaint-email-060Exhibit T: Roger Dreyer Letter


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VI. CONCLUSION AND REQUEST FOR RELIEF

The Communications Act charges each licensee with the responsibility of

operating its facility to preserve and protect the safety of life.62 The Commission, in

turn, requires licensees to conduct contests with due regard for the public interest.63 This

is especially true when the contest poses hazards to life and health. 64 In the past, the

Commission has revoked or denied renewal of licenses, issued short-term renewals and

levied fines in cases were stations that have engaged in improper, fraudulent or deceptive

contest practices.65 In this case, the licensee knew prior to promoting it, the contest was

dangerous. Staff was repeatedly warned that the contest was dangerous; yet it took no

action other than to mock the concerned callers.

What kind of licensee is Entercom? Does it care about the safety of the public it

is licensed to serve? Or is it simply willing to do anything for money, including

recklessly endangering the lives of the public it has been licensed to serve.

The pattern of behavior exhibited by Licensee over time shows its disregard for

the public interest, and reveals tremendously bad character. Entercom is a company

which repeatedly broadcasts indecent material, which engages in payola, which engages

in defamation of character, which runs contests but does not give out promised prizes,

which repeatedly deceives its own listeners, which endangers the safety of its own staff.

61http://www.allaccess.com/net-news/archive/story/19918/fcc-will-investigate-water-drinking-contest 6762 47 U.S.C. 151.

63 See, Policy Statement and Order, 57 RR 2d 939 (1985).64 Public Notice, 2 FCC 2d 464 (1966).65 See, e.g.,Bremen Radio Co., 41 FCC 2d 595 (1973) (application for mitigation of forfeiture, denied);Musical Heights, Inc., 65 FCC 2d 882 (1977);Communico Oceanic Corp., 55 FCC 2d 733 (1975);GreaterIndianapolis Broad castingCo., 44 FCC 2d 599 (1973) (short-term renewals);Santa Rosa BroadcastingCo., Inc.,9 FCC 2d 644 (1967) (license revoked).
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19/21

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Now Licensee has behaved so recklessly it has killed a woman. This behavior

must not be repeated, but given Licensees track record of abrogating management, it is

not unreasonable to believe it could.

Accordingly, the FCC should set KDND for hearing to determine whether

Entercom has the necessary character qualification to remain a Commission licensee.

________________________________________Sue Wilson

_________________________________________Address


20/21

20

CERTIFICATE OF SERVICE

I, Sue Wilson, Petitioner and Director of the Media Action Center, do hereby certify atrue copy of the foregoingPetition to Deny was sent on this 30th day of October to the

following parties:

via Federal Express:

Marlene H. Dortch, SecretaryFederal Communications CommissionOffice of the Secretary9300 East Hampton DriveCapitol Heights, MD 20743

Carrie A Ward401 City AvenueSuite 809Bala Cynwyd, PA 19004

Sean ShannonMarket ManagerEntercom Sacramento

5345 Madison AvenueSacramento, CA 95841

________________________________Sue Wilson


21/21

Declaration of Sue Wilson

My name is Sue Wilson. I have regularly listened to 107.9 since moving to Sacramentoin 1991. In 2007, when the Hold Your Wee for a Wii contest was held, I resided at

(REDACTED) California. I now live at (REDACTED) California, where I still listen to

KDNDs signal in my home and in my car. (KDND coverage map attached.)

I am a former Emmy winning TV and radio broadcaster. I now run a media watchdoggroup, Media Action Center, which is a fiscally sponsored project of the Media Alliance,a 501-c-3 not for profit organization. As such, I listen to KDND for personal andprofessional reasons.

I produced a story on the death of Jennifer Strange for my documentary film, Broadcast

Blues. I also reported on the 2009 trial, William A. Strange v. Entercom, doing nearlydaily coverage for the Sacramento Press and my own blog, SueWilsonReports.com. Thefacts presented in this petition to deny are personally known to me.

I and the entire community of Sacramento will be harmed if Entercoms license forKDND is renewed because Entercom lacks the requisite character required by the 1986Policy Statement and is not qualified to be a broadcast licensee.

This statement is true to my personal knowledge and is made under penalty of perjuryunder the laws of the United States of America.

Executed this 30thday of October, 2013.

_______________________________________Sue Wilson

kdnd petition to deny

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