The FCC has commenced a hearing proceeding to determine whether the license for Entercom Top 40 KDND/Sacramento, CA, should be renewed.

A portion of the notice of designation reads:

Information now before the Commission raises serious questions as to whether Entercom operated Station KDND in the public interest during the most recent license term.  As discussed below, the record suggests that Entercom formulated, promoted, conducted and aired over the station an inherently dangerous contest in which one listener-contestant died of water intoxication and many others suffered serious physical distress.  This information could lead to the conclusion that Entercom failed to serve the public interest with the Station during the previous license term, warranting denial of the above-captioned renewal applications.  In this Hearing Designation Order and Notice of Opportunity for Hearing, we commence a hearing proceeding before the Administrative Law Judge to determine ultimately whether Entercom’s license for Station KDND should be renewed.

As discussed more fully below, on the morning of Friday, January 12, 2007, Entercom’s Station KDND held a contest called “Hold Your Wee for a Wii” (“Contest”) broadcast live on its 5:30-10:00 a.m. Morning Rave Show (“Show”), in which the contestant who was able to drink water at regular intervals for the longest time without urinating or vomiting won a Nintendo Wii video game console. During the week of the Contest, Station KDND solicited contestants by having listeners call in and, to qualify, describe the worst Christmas present they had received. During these segments, the Show hosts announced eleven times that the contestants would be drinking water every fifteen minutes (giving the quantity once as “eight ounces” and once as “an eight-ounce or 16-ounce glass of water”) and that “the last person standing without going wee wins the Nintendo Wii.” These pre-Contest announcements did not mention any risks associated with the Contest in general or water intoxication (hyponatremia) specifically.

You can view the entire notice of designation here http://transition.fcc.gov/Daily_Releases/Daily_Business/2016/db1027/FCC-16-153A1.pdf

David Field, President/CEO, Entercom Communications Corp. has issued the following statement: 

“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. 

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.”