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Federal Communications Commission DA 18-1188
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of )
)
Sound Ideas, LLC ) File No.: EB-IHD-17-00023521
) NAL/Acct. No.: 201932080003
Licensee of Station WYDK(FM), Eufaula, ) FRN: 0022283527
Alabama )
)
ORDER
Adopted: December 17, 2018 Released: December 17, 2018
By the Chief, Enforcement Bureau:
1. The Enforcement Bureau (Bureau) of the Federal Communications Commission
(Commission or FCC) has entered into a Consent Decree to resolve its investigation into whether Sound
Ideas, LLC (Licensee), the licensee of radio station WYDK(FM), Eufaula, Alabama, Facility
Identification Number 15939 (Station), prematurely ended a contest it conducted in 2016 (Contest) and
failed to award the advertised prizes, and instead kept them for its own employee. The Licensee’s
response to our investigation raised concerns that the Licensee not only conducted its Contest in
contravention of the Commission’s rules concerning broadcast contests, but that it had also improperly
transferred de facto control of the Station to a third party without Commission authorization, in violation
of the Commission’s Unauthorized Transfer rules. These rules protect the public from deceptive contests
and ensure that only Commission-licensed operators control broadcast stations. To settle this matter,
Licensee admits that it violated the Contest and Unauthorized Transfer rules, will implement a
compliance plan, and will pay a $12,000 civil penalty.
2. After reviewing the terms of the Consent Decree and evaluating the facts before us, we
find that the public interest will be served by adopting the Consent Decree and terminating the
investigation regarding Licensee’s compliance with Section 508 of the Communications Act of 1934, as
amended (Act),1 2
and Section 73.1216 of the Commission’s rules (Rules), collectively “Contest Laws,”
3 4
and Section 310(d) of the Act and Section 73.3540 of the Rules, collectively “Transfer Laws.”
3. In the absence of material new evidence relating to this matter, we conclude that our
investigation raises no substantial or material questions of fact as to whether Licensee possesses the basic
qualifications, including those related to character, to hold or obtain any Commission license or
authorization.
1
47 U.S.C. § 509.
2
47 CFR § 73.1216.
3
47 U.S.C. § 310(d).
4
47 CFR § 73.3540.
Federal Communications Commission DA 18-1188
4. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 4(j) of the Act,5 and
Sections 0.111 and 0.311 of the Rules,6 the Consent Decree attached to this Order IS ADOPTED.
5. IT IS FURTHER ORDERED that the above-captioned investigation IS
TERMINATED.
6. IT IS FURTHER ORDERED that any third-party complaints and allegations against
the Licensee or the Station related to the above-captioned investigation that are currently pending before
the Bureau as of the date of this Consent Decree ARE DISMISSED.
7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be
sent by both First Class U.S. Mail and Certified Mail to John C. Trent, Esq., Putbrese Hunsaker & Trent,
P.C., 200 South Church Street, Woodstock, VA 22664.
FEDERAL COMMUNICATIONS COMMISSION
Rosemary Harold
Chief
Enforcement Bureau
5
47 U.S.C. §§ 154(i)-(j).
6
47 CFR §§ 0.111, 0.311.
2
Federal Communications Commission DA 18-1188
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of ) File Nos.: EB-IHD-17-00023521
) NAL/Acct. No.: 201932080003
Sound Ideas, LLC ) FRN: 0022283527
)
Licensee of Station WYDK(FM), Eufaula, )
Alabama )
CONSENT DECREE
1. The Enforcement Bureau (Bureau) of the Federal Communications Commission
(Commission or FCC) and Sound Ideas, LLC (Licensee), the licensee of radio station WYDK(FM),
Eufaula, Alabama, Facility Identification Number 15939 (Station),1
hereby enter into this Consent Decree
for the purpose of terminating the Bureau’s investigation into whether the Licensee violated: (a) Section
508 of the Communications Act of 1934, as amended (Act),2
and Section 73.1216 of the Commission’s
3
rules (Rules), collectively Contest Laws, in connection with a contest conducted by and broadcast on the
Station in 2016, and (b) Section 310(d) of the Act4 5
and Section 73.3540 of the Rules, collectively
“Transfer Laws,” by improperly transferring de facto control over the Station to a third party time broker
without Commission authorization.
I. DEFINITIONS
2. For the purposes of this Consent Decree, the following definitions shall apply:
(a) “Act” means the Communications Act of 1934, as amended, 47 U.S.C. § 151 et seq.
(b) “Adopting Order” means the Order of the Bureau adopting the terms of this Consent
Decree without addition, change, deletion, or modification.
(c) “Bureau” means the Enforcement Bureau of the Commission.
(d) “Commission” or “FCC” means the Federal Communications Commission and all of
its bureaus and offices.
(e) “Communications Laws” means, collectively, the Act, the Rules, and the published
and promulgated orders and decisions of the Commission to which the Licensee is
subject by virtue of being a Commission licensee.
(f) “Complaint” means the third-party complaint submitted to the Bureau alleging that
Licensee violated the Contest Laws.6
(g) “Contest” means the 2016 contest described in the Complaint.
1
The Licensee also operates station WULA(AM), Eufaula, Alabama, Facility Identification Number 36308.
2
47 U.S.C. § 509(a)(3).
3
47 CFR § 73.1216.
4
47 U.S.C. § 310(d).
5
47 CFR § 73.3540.
6
Complaint, No. 1138720-1 (Aug. 15, 2016) (Complaint).
Federal Communications Commission DA 18-1188
7 8
(h) “Contest Laws” means Section 508 of the Act and Section 73.1216 of the Rules.
(i) “Covered Employees” means all employees and agents of the Licensee who
perform, or manage, oversee, or supervise the performance of, duties that relate to
the Station’s responsibilities under the Contest Laws or the Transfer Laws.
(j) “Effective Date” means the date on which both the Bureau and the Licensee sign the
Adopting Order.
(k) “Investigation” means the investigation (commenced by the Bureau’s June 27,
2017, Letter of Inquiry or LOI9
) regarding whether the Licensee violated the
Commission’s Contest Laws and Transfer Laws.
(l) “Licensee” means Sound Ideas, LLC, including all of its affiliates, subsidiaries, and
predecessors-in-interest.
(m) “Operating Procedures” means the internal operating procedures and compliance
policies established by the Licensee to implement the Compliance Plan.
(n) “Parties” means the Licensee, Griffin, and the Bureau, each of which is a “Party.”
(o) “Rules” means the Commission’s regulations found in Title 47 of the Code of
Federal Regulations.
(p) “Station” means Station WYDK(FM), Eufaula, Alabama, Facility Identification
Number 15939.
(q) “Transfer Laws” means Section 310(d) of the Act,10 and Section 73.3540 of the
Rules.11
(r) “Unauthorized Transfer” means the Licensee’s de facto transfer of control over the
Station without Commission authorization.
II. BACKGROUND
3. Section 508 of the Act prohibits a licensee from knowingly deceiving the public by
engaging “in any artifice or scheme for the purpose of prearranging or predetermining in whole or in part
the outcome of a purportedly bona fide contest . . . [of] chance.”12 Section 73.1216(a) of the Rules
requires licensees “that broadcast[] or advertise[] information about a contest [they] conduct[] . . . fully
and accurately [to] disclose the material terms of the contest and . . . conduct the contest substantially as
announced or advertised.”13 These provisions protect the public from deceptive or misleading practices in
the conduct of radio contests.
4. Section 310(d) of the Act prohibits the transfer of control of a broadcast station license,
and any rights thereunder, without prior Commission consent.14 Section 73.3540 of the Rules implements
7
47 U.S.C. § 509(a)(3).
8
47 CFR § 73.1216(a).
9
Letter from Guy Benson, Attorney Advisor, Investigations and Hearings Division, FCC Enforcement Bureau, to
Sound Ideas, LLC (June 27, 2017) (on file in EB-IHD-17-00023521).
10 47 U.S.C. § 310(d).
11 47 CFR § 73.3540.
12 47 U.S.C. § 509(a)(3).
13 47 CFR § 73.1216(a).
14 47 U.S.C. § 310(d).
2
Federal Communications Commission DA 18-1188
this statutory provision and requires the filing of an application for the transfer of control of a broadcast
station’s license.15 To determine whether there has been an unauthorized de facto transfer of control, the
Commission examines the policies governing the station’s programming, personnel, and finances to
assess whether the licensee retains ultimate control over these aspects of station operation.16 A licensee
may delegate day-to-day station operations as long as the licensee remains responsible for essential
station matters and for setting the policies concerning programming, personnel, and finances.17 These
provisions ensure that only those Commission-approved licensees are responsible for operating broadcast
stations.
5. The Complaint alleges that the Licensee prematurely ended a contest it conducted in
2016 and failed to award the advertised prizes, and instead kept them for its own employee.
6. On June 26, 2017, the Bureau issued a letter of inquiry (LOI) to the Licensee regarding
the issues raised in the Complaint. In its response, the Licensee claimed to have no knowledge about the
Contest and claimed to be unable to locate records about the Contest; this professed lack of knowledge
about Station operations raised questions about the Licensee’s control over the Station.18
7. On July 16, 2018, the Bureau issued a supplemental LOI to the Licensee to investigate
the apparent unauthorized de facto of control of the Station from the Licensee to Daystar.19 In response,
the Licensee admitted it violated the Contest Laws and the Transfer Laws. To resolve the Bureau’s
investigation, the Parties now enter this Consent Decree.
III. TERMS OF AGREEMENT
8. Adopting Order. The provisions of this Consent Decree shall be incorporated by the
Bureau in the Adopting Order without change, addition, deletion or modification.
9. Jurisdiction. The Licensee agrees that the Bureau has jurisdiction over it and the matters
contained in this Consent Decree and has the authority to enter into and adopt this Consent Decree.
10. Effective Date; Violations. The Parties agree that this Consent Decree shall become
effective on the Effective Date. As of the Effective Date, the Adopting Order and this Consent Decree
shall have the same force and effect as any other order of the Commission.
11. Termination of Investigation. In express reliance on the covenants and representations
in this Consent Decree and to avoid further expenditure of public resources, the Bureau agrees to
terminate the Investigation. In consideration for the termination of the Investigation, the Licensee agrees
to the terms, conditions, and procedures contained herein. The Bureau further agrees that in the absence
of new material evidence, the Bureau will not use the facts developed in this Investigation through the
Effective Date, or the existence of this Consent Decree, to institute on its own motion any new
proceeding, formal or informal, or take any action on its own motion against the Licensee concerning the
matters that were the subject of the Investigation. The Bureau also agrees that in the absence of new
material evidence it will not use the facts developed in the Investigation through the Effective Date, or the
existence of this Consent Decree, to institute on its own motion any proceeding, formal or informal, or to
15 47 CFR § 73.3540.
16 See Solar Broadcasting Company, Inc.; et al., Memorandum Opinion and Order, 17 FCC Rcd 5467, 5486, para.
71 (2002), aff’d sub nom. Davis Broad., Inc. v. FCC, 63 Fed. Appx. 526 (D.C. Cir. 2003) (unpublished table
decision).
17 See id.
18 Letter from J. Stanley Griffin, President, Sound Ideas, LLC to Marlene H. Dortch, Secretary, Federal
Communications Commission, Declaration (Aug. 2, 2017) (LOI Response) (on file in EB-IHD-17-00023521).
19 Letter from Christopher J. Sova, Deputy Chief, Investigations and Hearings Division, FCC Enforcement Bureau,
to Sound Ideas, LLC (July 16, 2017) (on file in EB-IHD-17-00023521).
3
Federal Communications Commission DA 18-1188
set for hearing the question of the Licensee’s basic qualifications to be a Commission licensee or to hold
Commission licenses or authorizations.
12. Admission of Liability. The Licensee admits for the purpose of this Consent Decree and
for Commission civil enforcement purposes, and in express reliance on the provisions herein, that its
actions violated the Contest Laws and the Transfer Laws.
13. Reporting Obligations to the Commission. The Licensee agrees to report the existence
of the Adopting Order and Consent Decree in any future application for a Commission certificate, license,
permit, or other authorization to which it is a party. The Licensee, at the time of such filing, shall deliver
a copy of the application to the Chief, Investigations and Hearings Division, Enforcement Bureau, and
shall notify the relevant licensing division of the Commission about the existence of this Adopting Order
and Consent Decree and their duty to provide it.
14. Compliance Officer. Compliance Officer. Within thirty (30) calendar days of the
Effective Date, the Licensee shall designate a senior manager with the requisite corporate and
organizational authority to serve as Compliance Officer and to discharge the duties set forth below. The
person designated as the Compliance Officer shall be responsible for developing, implementing, and
administering the Compliance Plan and ensuring that the Licensee complies with the terms and conditions
of the Compliance Plan and this Consent Decree. In addition to the general knowledge of the
Communications Laws necessary to discharge his/her duties under this Consent Decree, the Compliance
Officer shall have knowledge of the Contest Laws and Transfer Laws prior to assuming his/her duties.
15. Compliance Plan. The Licensee agrees that it shall, within sixty (60) calendar days of
the Effective Date, develop and implement a Compliance Plan designed to ensure on-going compliance
with the Communications Laws and with the terms and conditions of this Consent Decree. With respect
to the Contest Laws and Transfer Laws, the Licensee shall implement the following procedures:
(a) Operating Procedures. The Licensee shall, within thirty (30) calendar days of the
Effective Date, establish Operating Procedures that all Covered Employees must follow
to help ensure the Licensee’s compliance with the Contest Laws and Transfer Laws.
(b) Compliance Manual. The Compliance Officer shall, within sixty (60) calendar days of
the Effective Date, develop and distribute a Compliance Manual to all Covered
Employees. The Compliance Manual shall set forth the Operating Procedures that
Covered Employees shall follow to help ensure the Licensee’s compliance with the
Communications Laws, particularly the Contest Laws and Transfer Laws. The Licensee
shall periodically review and revise the Compliance Manual as necessary to ensure that
the information set forth therein remains current and complete. The Licensee shall
distribute any revisions to the Compliance Manual promptly to all Covered Employees.
(c) Compliance Training Program. The Licensee shall establish and implement a
Compliance Training Program on compliance with the Operating Procedures, the Contest
Laws, and the Transfer Laws. As part of the Compliance Training Program, Covered
Employees shall be advised of the Licensee’s obligation to report any noncompliance
with the Contest Laws or Transfer Laws under this paragraph of this Consent Decree and
shall be instructed on how to disclose noncompliance to the Compliance Officer. All
Covered Employees shall be trained pursuant to the Compliance Training Program within
sixty (60) calendar days after the Effective Date. Any person who becomes a Covered
Employee at any time after the initial Compliance Training Program is conducted shall be
trained within thirty (30) calendar days after the date such person becomes a Covered
Employee. The Licensee shall repeat the compliance training on an annual basis and
shall periodically review and revise the Compliance Training Program as necessary to
ensure that it remains current and complete and to enhance its effectiveness.
16. Reporting of Noncompliance. The Licensee shall report any noncompliance with this
Consent Decree, the Contest Laws, or the Transfer Laws within fifteen (15) calendar days after discovery
4
Federal Communications Commission DA 18-1188
of such noncompliance. Such reports shall include a detailed explanation of (a) each instance of
noncompliance; (b) the steps that the Licensee has taken or will take to address such noncompliance; (c)
the schedule on which such remedial actions will be taken; and (d) the steps that the Licensee has taken or
will take to prevent the recurrence of any such noncompliance. All reports of noncompliance shall be
submitted to the Chief, Investigations and Hearings Division, Enforcement Bureau, Federal
Communications Commission, Room 4-C330, 445 12th Street, SW, Washington, DC 20554, with a copy
submitted electronically to Jeffrey.Gee@fcc.gov
and Christopher.Sova@fcc.gov.
17. Compliance Reports. The Licensee shall file Compliance Reports with the Bureau
ninety (90) calendar days after the Effective Date, twelve (12) months after the Effective Date, twenty-
four (24) months after the Effective Date, and thirty-six (36) months after the Effective Date.
(a) Each Compliance Report shall include a detailed description of the Licensee’s
efforts during the relevant period to comply with the terms and conditions of this
Consent Decree, the Contest Laws, and the Transfer Laws. In addition, each
Compliance Report shall include a certification by the Compliance Officer, as an
agent of and on behalf of the Licensee, stating that the Compliance Officer has
personal knowledge that the Licensee (a) has established and implemented the
Compliance Plan; (b) has utilized the Operating Procedures since the
implementation of the Compliance Plan; and (c) is not aware of any instances of
noncompliance with the terms and conditions of this Consent Decree, including
the reporting obligations set forth in this Consent Decree.
(b) The Compliance Officer’s certification shall be accompanied by a statement
explaining the basis for such certification and must comply with Section 1.16 of
the Rules20 and be subscribed to as true under penalty of perjury in substantially
the form set forth therein.
(c) If the Compliance Officer cannot provide the requisite certification, the
Compliance Officer, as an agent of and on behalf of the Licensee, shall provide
the Commission with a detailed explanation of the reason(s) why and describe
fully: (a) each instance of noncompliance; (b) the steps that the Licensee has
taken or will take to remedy such noncompliance, including the schedule on
which proposed remedial action will be taken; and (c) the steps that the Licensee
has taken or will take to prevent the recurrence of any such noncompliance,
including the schedule on which such preventive action will be taken.
(d) All Compliance Reports shall be submitted to the Chief, Investigations and
Hearings Division, Enforcement Bureau, Federal Communications Commission,
Room 4-C330, 445 12th Street, SW, Washington, DC 20554, with a copy
submitted electronically to Jeffrey.Gee@fcc.gov and Christopher.Sova@fcc.gov.
18. Termination Date. Unless stated otherwise, the requirements set forth in paragraphs 14
to 17 of this Consent Decree shall expire thirty-six (36) months after the Effective Date.
19. Civil Penalty. The Licensee shall pay a total civil penalty to the United States Treasury
in the amount of twelve thousand dollars ($12,000), consisting of four thousand dollars ($4,000) for
violation of the Contest Laws and eight thousand dollars ($8,000) for violation of the Transfer Laws,
within fifteen (15) calendar days after the Effective Date. The Licensee shall also send electronic
notification of payment to
Jeffrey.Gee@fcc.gov and Christopher.Sova@fcc.gov on the date said payment
is made. The payment must be made by check or similar instrument, wire transfer, or credit card, and
must include the Account Number and FRN referenced herein. Regardless of the form of payment, a
20 47 CFR § 1.16.
5
Federal Communications Commission DA 18-1188
completed FCC Form 159 (Remittance Advice) must be submitted.21 When completing the FCC Form
159, enter the Account Number in block number 23A (call sign/other ID) and enter the letters “FORF” in
block number 24A (payment type code). Below are additional instructions you should follow based on
the form of payment you select:22
Payment by check or money order must be made payable to the order of the Federal