Federal Communications Commission DA 25-500 Before the Federal Communications Commission Washington, D.C. 20554 In re Application of ) ) Mud Radio, LLC ) Application File No.: 0000266221 ) CD Acct. No.: MB-202541410003 For Renewal of License for ) Facility ID No. 65961 Station WMUD(FM) ) FRN: 0033144627 Brandon, Vermont ) ORDER Adopted: June 12, 2025 Released: June 12, 2025 By the Chief, Audio Division, Media Bureau: 1. In this Order, we adopt the attached Consent Decree entered into by the Media Bureau (Bureau) and Mud Radio, LLC (Licensee), licensee of Station WMUD(FM), Brandon, Vermont (Station). The Consent Decree resolves issues arising from the Bureau’s review of the captioned license renewal application (Application) for the Station.1 In particular, the Consent Decree resolves the Bureau’s investigation of Licensee’s compliance with section 73.3539 of the Commission’s Rules (Rules),2 which sets forth the filing deadline for license renewal applications. 2. The Station’s license renewal application was due on January 2, 2025.3 Licensee did not file the Application for the Station until February 6, 2025. Licensee acknowledges that its license renewal application was late-filed and explains that the delay was due to an “inadvertent oversight.”4 3. The Bureau and Licensee have negotiated the attached Consent Decree for the purpose of terminating the Media Bureau’s investigation into Licensee’s compliance with section 73.3539 of the Rules.5 Pursuant to the Consent Decree, Licensee agrees, among other things, to implement a comprehensive Compliance Plan to ensure its future compliance with section 73.3539 of the Rules, and to make a two thousand two hundred fifty dollar ($2,250) voluntary contribution to the United States Treasury. A copy of the Consent Decree is attached hereto and incorporated by reference. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by its approval and by terminating all pending proceedings relating to the Bureau’s consideration of potential violations of the Rules, and granting the Application. 1 Application File No. 0000266221 (filed Feb. 6, 2025) (Application). 2 See 47 CFR § 73.3539. 3 See 47 CFR §§ 73.1020, 73.3539(a). See Letter from Albert Shuldiner, Chief, Audio Division, FCC Media Bureau, to Gregory Masters, Esq. LLC, Legal Representative for Woodchuck Radio, LLC at 1 (MB May 11, 2023) (on file in Application File No. 0000175006). The Bureau granted a short-term renewal for the Station, which was then licensed to Woodchuck Radio, LLC. The Station was later assigned from Woodchuck Radio, LLC, to Mud Radio, LLC. Application File No. 0000204784 (filed Jan. 10, 2023, granted, May 11, 2023). See also E-mail from Rolanda Faye Smith, Paralegal Specialist, Audio Division, FCC Media Bureau (Dec. 2, 2024, 10:55 EDT), to Chip Morgan, Contact Representative, Mud Radio LLC (license renewal reminder to Mud Radio, LLC). Because January 1, 2025, was a holiday, the Application was due on the first business day after January 1, 2025, which was January 2, 2025. 4 See E-mail from David O’Neil, Contact Representative, Mud Radio, LLC, to Rolanda Faye Smith, Paralegal Specialist, Audio Division, FCC Media Bureau (Feb. 6, 2025, 13:04 EDT). 5 See 47 CFR § 73.3539. Federal Communications Commission DA 25-500 5. Based on the record before us, we conclude that nothing in that record creates a substantial and material question of fact as to whether Licensee possess the basic qualifications to be a Commission licensee. 6. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i), 4 (j) and 503(b) of the Communications Act of 1934, as amended,6 and by the authority delegated by Sections 0.61 and 0.283 of the Commission’s rules,7 the Consent Decree attached hereto IS ADOPTED without change, addition or modification. 7. IT IS FURTHER ORDERED that the investigation by the Media Bureau of the matters noted above IS TERMINATED. 8. IT IS FURTHER ORDERED the license renewal application filed by Mud Radio, LLC on February 6, 2025 (Application File No. 0000266221) for Station WMUD(FM), Brandon, Vermont, IS GRANTED, as conditioned herein. 9. IT IS FURTHER ORDERED, that a copy of this Order and Consent Decree shall be sent, by First Class and Certified Mail, Return Receipt Requested, to Mud Radio, LLC, 560 Lake Street, Bridport, VT 05734. A copy will also be sent to its counsel, David G. O'Neil, Esq., 2101 L Street, NW, Suite 300, Washington, DC 20037. FEDERAL COMMUNICATIONS COMMISSION Albert Shuldiner Chief, Audio Division Media Bureau 6 47 U.S.C. § 154(i), 154(j), and 503(b). 7 47 CFR §§ 0.61, 0.283. 2 Federal Communications Commission DA 25-500 Before the Federal Communications Commission Washington, D.C. 20554 In re Application of ) ) Mud Radio, LLC ) Application File No.: 0000266221 ) CD Acct. No.: MB-202541410003 For Renewal of License for ) Facility ID No. 65961 Station WMUD(FM) ) FRN: 0033144627 Brandon, Vermont ) CONSENT DECREE 1. The Media Bureau of the Federal Communications Commission and Mud Radio, LLC (hereafter “Licensee,” as defined below), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Media Bureau’s investigation into Licensee’s compliance with section 73.3539 of the Commission’s Rules (Rules),1 which sets forth the filing deadline for license renewal applications. To resolve this matter, Licensee agrees, among other things, to implement a comprehensive Compliance Plan to ensure its future compliance with section 73.3539 of the Rules and to make a two thousand two hundred fifty dollar ($2,250) voluntary contribution to the United States Treasury. 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.2 (b) “Adopting Order” means an Order of the Bureau adopting the terms of this Consent Decree without change, addition, deletion, or modification. (c) “Application” means the pending application for renewal of license for Station WMUD(FM), Brandon, Vermont (Application File No. 0000266221). (d) “Bureau” means the Media Bureau of the Federal Communications Commission. (e) “CD Acct No.” means account number MB-202541410003, associated with payment obligations described in paragraph 16 of this Consent Decree. (f) “Commission” or “FCC” means the Federal Communications Commission and all of its bureaus and offices. (g) “Communications Laws” means collectively, the Act, the Rules, and the published and promulgated orders and decisions of the Commission to which Licensee is subject by virtue of its business activities, including but not limited to the Filing Deadline Rule. (h) “Compliance Plan” means the compliance obligations, program, and procedures described in this Consent Decree at paragraph 12. (i) “Covered Employees” means all employees and agents of Licensee who perform, supervise, oversee, or manage the performance of, duties that relate to Licensee’s responsibilities under the Communications Laws, including the Filing Deadline Rule. 1 47 CFR § 73.3539. 2 47 U.S.C. § 151 et seq. Federal Communications Commission DA 25-500 (j) “Effective Date” means the date by which both the Bureau and Licensee have signed the Consent Decree and the Bureau has released an Adopting Order. (k) “Filing Deadline Rule” means 47 CFR § 73.3539(a). (l) “Investigation” means the Bureau’s decision to hold and not process Licensee’s license renewal application (Application File No. 0000266221) due to Licensee’s noncompliance with section 73.3539(a) of the Rules. (m) “Licensee” means Mud Radio, LLC and its affiliates, subsidiaries, predecessors-in- interest, and successors-in-interest. (n) “Operating Procedures” means the standard internal operating procedures and compliance policies established by Licensee to implement the Compliance Plan. (o) “Parties” means the Licensee and the Bureau, each of which is a “Party.” (p) “Rules” means the Commission’s regulations found in Title 47 of the Code of Federal Regulations. (q) “Station” means Station WMUD(FM), Brandon, Vermont. (r) “Violations” mean the violations of section 73.3539 of the Rules. (s) “Voluntary Contribution” means the voluntary payment Licensee has agreed to pay to the United States Treasury. II. BACKGROUND 3. Section 73.3539(a) of the Rules requires that applications for renewal of license for broadcast stations must be filed “not later than the first day of the fourth full calendar month prior to the expiration date of the license sought to be renewed.”3 An application for the renewal of the Station’s license should have been filed by January 2, 2025, the first day of the fourth full calendar month prior to the Station’s May 11, 2025, license expiration date.4 No such application was filed by the January 2, 2025, deadline. Licensee filed the Application on February 6, 2025. 4. In order to conserve resources, resolve the matters, and promote compliance with the Rules, the Bureau and Licensee have negotiated the terms of the Consent Decree that terminates the Investigation into the matters discussed above. As part of the Consent Decree, Licensee has agreed to implement and maintain a Compliance Plan designed to ensure its future compliance with the Filing Deadline Rule noted above for twelve (12) months after the Effective Date, and to make a two thousand two hundred fifty dollar ($2,250) voluntary contribution to the United States Treasury. III. TERMS OF AGREEMENT 5. Adopting Order. The provisions of this Consent Decree shall be incorporated by the Bureau in an Adopting Order. 3 47 CFR § 73.3539(a). 4 See 47 CFR §§ 73.1020, 73.3539(a). See Letter from Albert Shuldiner, Chief, Audio Division, FCC Media Bureau, to Gregory Masters, Esq. LLC, Legal Representative for Woodchuck Radio, LLC at 1 (MB May 11, 2023) (on file in Application File No. 0000175006). The Bureau granted a short-term renewal for the Station, which was then licensed to Woodchuck Radio, LLC. The Station was later assigned from Woodchuck Radio, LLC, to Mud Radio, LLC. Application File No. 0000204784 (filed Jan. 10, 2023, granted, May 11, 2023). See also E-mail from Rolanda Faye Smith, Paralegal Specialist, Audio Division, FCC Media Bureau (Dec. 2, 2024, 10:55 EDT), to Chip Morgan, Contact Representative, Mud Radio LLC (license renewal reminder to Mud Radio, LLC). Because January 1, 2025, was a holiday, the Application was due on the first business day after January 1, 2025, which was January 2, 2025. 2 Federal Communications Commission DA 25-500 6. Jurisdiction. 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. 7. Effective Date; Violations. The Parties agree that this Consent Decree shall become effective on the Effective Date as defined herein. As of the Effective Date, the Parties agree that this Consent Decree shall have the same force and effect as any other order of the Commission. 8. 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 addition, the Bureau agrees to grant Licensee’s pending radio license renewal application (Application File No. 0000266221). In consideration for such, Licensee agrees to the terms, conditions, and procedures contained herein. 9. The Bureau further 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 any new proceeding on its own motion against Licensee concerning the matters that were the subject of the Investigation, or to set for hearing the question of Licensee’s basic qualifications to be a Commission licensee or hold Commission licenses or authorizations based on the matters that were the subject of the Investigation.5 10. Admission of Facts. Licensee admits for the purpose of this Consent Decree and for Commission civil enforcement purposes, and in express reliance on the provisions of paragraph 8 herein, that paragraphs 3 through 4 are a true and accurate description of the facts underlying the Investigation. 11. Compliance Officer. Within thirty (30) calendar days after the Effective Date, Licensee shall designate a senior corporate manager with the requisite corporate and organizational authority to serve as a 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 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 or her duties under this Consent Decree, the Compliance Officer shall have specific knowledge of the Filing Deadline Rule prior to assuming his/her duties. 12. Compliance Plan. For purposes of settling the matters set forth herein, Licensee agrees that it shall, within thirty (30) calendar days after the Effective Date, develop and implement a Compliance Plan designed to ensure future compliance with the Filing Deadline Rule and with the terms and conditions of this Consent Decree. The Compliance Plan, with the exception of the Compliance Report described below in paragraph 14, shall apply to all radio stations owned by Licensee. The Compliance Plan shall contain, at a minimum, the following elements: a) Operating Procedures. Within thirty (30) calendar days after the Effective Date, Licensee shall establish Operating Procedures that all Covered Employees must follow to help ensure Licensee’s compliance with the Filing Deadline Rule. Licensee’s Operating Procedures shall include internal procedures and policies specifically designed to ensure compliance with the Filing Deadline Rule. Licensee shall also develop a Compliance Checklist that describes the steps that a Covered Employee must follow to ensure compliance with the Filing Deadline Rule. b) Compliance Manual. The Compliance Plan shall include a Compliance Manual that is distributed to all Covered Employees. Licensee may adopt a Compliance Manual that it has prepared or one that has been prepared by an outside source, such as a trade association (e.g., the National Association of Broadcasters), another licensee, or a law firm. The Compliance Manual shall: i. thoroughly explain the requirements embodied in the Filing Deadline Rule; 5 See 47 CFR § 1.93(b). 3 Federal Communications Commission DA 25-500 ii. contain Operating Procedures that Covered Employees must follow to help ensure Licensee’s compliance with the Filing Deadline Rule. The Operating Procedures shall also include a compliance checklist that describes the steps that a Covered Employee must follow to ensure compliance with the Filing Deadline Rule; and iii. be periodically reviewed and revised as necessary to ensure that the information set forth therein remains current, complete, accurate, and effective. c) Compliance Training Program. Licensee shall establish and implement a Compliance Training Program on compliance with the Filing Deadline Rule and the Operating Procedures. As part of the Compliance Training Program, Covered Employees shall be advised of Licensee’s obligation to report any noncompliance with the Filing Deadline Rule under paragraph 13 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 thirty (30) calendar days after the Effective Date, except that any person who becomes a Covered Employee at any time after the initial Compliance Training Program shall be trained within thirty (30) calendar days after the date such person becomes a Covered Employee. Licensee shall repeat 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. 13. Reporting Noncompliance. Licensee shall, for each station it owns, report any noncompliance with the Filing Deadline Rules and with the terms and conditions of this Consent Decree within fifteen (15) calendar days after discovery of such noncompliance. Such reports shall include a detailed explanation of: (i) each instance of noncompliance; (ii) the steps that Licensee has taken or will take to remedy such noncompliance; (iii) the schedule on which such remedial actions will be taken; and (iv) the steps that Licensee has taken or will take to prevent the recurrence of any such noncompliance. All reports of noncompliance shall be submitted to the Audio Division staff: Alexander Sanjenis, Assistant Division Chief, at Alexander.Sanjenis@fcc.gov. 14. Compliance Report. License shall file a compliance report with the Commission twelve (12) months after the Effective Date. a) The Compliance Report shall include a detailed description of Licensee’s efforts during the relevant period to comply with the terms and conditions of this Consent Decree and the Filing Deadline Rule. In addition, each Compliance Report shall include a certification by the Compliance Officer, as an agent of and on behalf of Licensee, stating that the Compliance Officer has personal knowledge that Licensee: (i) has established and implemented the Compliance Plan; (ii) has utilized the Operating Procedures since the implementation of the Compliance Plan; and (iii) is not aware of any instances of noncompliance with the terms and conditions of this Consent Decree, including the reporting obligations set forth in paragraph 13 of this Consent Decree. b) The Compliance Officer’s certification shall be accompanied by a statement explaining the basis for such certification and shall comply with section 1.16 of the Rules and be subscribed to as true under penalty of perjury in substantially the form set forth therein.6 c) If the Compliance Officer cannot provide the requisite certification, the Compliance Officer, as an agent of and on behalf of Licensee, shall provide the Commission with a detailed explanation of the reason(s) why and describe fully: (i) each instance of noncompliance; (ii) the steps that Licensee has taken or will take to remedy such noncompliance, including the schedule on which proposed remedial actions will be taken; 6 47 CFR § 1.16. 4 Federal Communications Commission DA 25-500 and (iii) the steps that 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 Audio Division staff: Alexander Sanjenis, Assistant Division Chief, at Alexander.Sanjenis@fcc.gov. 15. Termination Date. Unless stated otherwise, the requirements set forth in paragraphs 11 through 14 of this Consent Decree shall expire twelve (12) months after the Effective Date. 16. Voluntary Contribution. Licensee agrees to pay a voluntary contribution to the United States Treasury in the amount of two thousand two hundred fifty dollars ($2,250), within thirty (30) calendar days after the Effective Date. Licensee shall send electronic notification of payment to Alexander.Sanjenis@fcc.gov and Shante.Willis@fcc.gov on the date said payment is made. Payment of the voluntary contribution must be made by credit card using the Commission’s Registration System (CORES) at https://apps.fcc.gov/cores/userLogin.do, ACH (Automated Clearing House) debit from a bank account, or by wire transfer from a bank account. The Commission no longer accepts voluntary contribution payments by check or money order. Below are instructions that payors should follow based on the form of payment selected:7 • Payment by wire transfer must be made to ABA Number 021030004, receiving bank TREAS/NYC, and Account Number 27000001. In the OBI field, enter the FRN(s) captioned above and the letters “FORF”. In addition, a completed Form 1598 or printed CORES form9 must be faxed to the Federal Communications Commission at 202-418-2843 or e-mailed to RROGWireFaxes@fcc.gov on the same business day the wire transfer is initiated. Failure to provide all required information in Form 159 or CORES may result in payment not being recognized as having been received. When completing FCC Form 159 or CORES, enter the Account Number in block number 23A (call sign/other ID), enter the letters “FORF” in block number 24A (payment type code), and enter in block number 11 the FRN(s) captioned above (Payor FRN).10 For additional detail and wire transfer instructions, go to https://www.fcc.gov/licensing-databases/fees/wire-transfer. • Payment by credit card must be made by using CORES at https://apps.fcc.gov/cores/userLogin.do. To pay by credit card, log-in using the FCC Username associated to the FRN captioned above. If payment must be split across FRNs, complete this process for each FRN. Next, select “Manage Existing FRNs | FRN Financial | Bills & Fees” from the CORES Menu, then select FRN Financial and the view/make payments option next to the FRN. Select the “Open Bills” tab and find the bill number associated with the CD Acct. No. The bill number is the CD Acct. No. with the first two digits excluded (e.g., CD 1912345678 would be associated with FCC Bill Number 12345678). After selecting the bill for payment, choose the “Pay by Credit Card” option. Please note that there is a $24,999.99 limit on credit card transactions. • Payment by ACH must be made by using CORES at https://apps.fcc.gov/cores/userLogin.do. To pay by ACH, log in using the FCC Username associated to the FRN captioned above. If payment must be split across FRNs, complete this process for each FRN. Next, select “Manage Existing FRNs | FRN Financial | Bills & Fees” on the CORES Menu, then select FRN Financial and the 7 For questions regarding payment procedures, please contact the Financial Operations Group Help Desk by phone at 1-877-480-3201 (option #6). 8 FCC Form 159 is accessible at https://www.fcc.gov/licensing-databases/fees/fcc-remittance-advice-form-159. 9 Information completed using the Commission’s Registration System (CORES) does not require the submission of an FCC Form 159. CORES is accessible at https://apps.fcc.gov/cores/userLogin.do. 10 Instructions for completing the form may be obtained at http://www.fcc.gov/Forms/Form159/159.pdf. 5 Federal Communications Commission DA 25-500 view/make payments option next to the FRN. Select the “Open Bills” tab and find the bill number associated with the CD Acct. No. The bill number is the CD Acct. No. with the first two digits excluded (e.g., CD 1912345678 would be associated with FCC Bill Number 12345678). Finally, choose the “Pay from Bank Account” option. Please contact the appropriate financial institution to confirm the correct Routing Number and the correct account number from which payment will be made and verify with that financial institution that the designated account has authorization to accept ACH transactions. 17. Qualifications; Agreement to Grant. The Bureau finds that its Investigation raises no substantial and material questions of fact as to whether Licensee possesses the basic qualifications, including those relating to character, to hold a Commission license or authorization. Accordingly, the Bureau agrees to grant the Application after the Effective Date, provided that the following conditions have been met: 1) the voluntary contribution, referenced in paragraph 16 of this Consent Decree, has been fully and timely satisfied; and 2) there are no issues other than the Violations that would preclude grant of the Application. 18. Waivers. As of the Effective Date, Licensee waives any and all rights it may have to seek administrative or judicial reconsideration, review, appeal or stay, or to otherwise challenge or contest the validity of this Consent Decree and the Adopting Order. Licensee shall retain the right to challenge Commission interpretation of the Consent Decree or any terms contained herein. If either Party (or the United States on behalf of the Commission) brings a judicial action to enforce the terms of the Consent Decree or the Adopting Order, neither Licensee nor the Commission shall contest the validity of the Consent Decree or the Adopting Order, and Licensee shall waive any statutory right to a trial de novo. Licensee hereby agrees to waive any claims it may otherwise have under the Equal Access to Justice Act11 relating to the matters addressed in this Consent Decree. 19. Severability. The Parties agree that if any of the provisions of the Consent Decree shall be held unenforceable by any court of competent jurisdiction, such unenforceability shall not render unenforceable the entire Consent Decree, but rather the entire Consent Decree shall be construed as if not containing the particular unenforceable provision or provisions, and the rights and obligations of the Parties shall be construed and enforced accordingly. 20. Invalidity. In the event that this Consent Decree in its entirety is rendered invalid by any court of competent jurisdiction, it shall become null and void and may not be used in any manner in any legal proceeding. 21. Subsequent Rule or Order. The Parties agree that if any provision of this Consent Decree conflicts with any subsequent Rule or Order adopted by the Commission (except an order specifically intended to revise the terms of this Consent Decree to which Licensee does not expressly consent) that provision will be superseded by such Rule or Order. 22. Successors and Assigns. Licensee agrees that the provisions of this Consent Decree shall be binding on its successors, assigns, and transferees. 23. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall constitute a final settlement between the Parties with respect to the Investigation. 24. Modifications. This Consent Decree cannot be modified without the advance written consent of both Parties. 25. Paragraph Headings. The headings of the paragraphs in this Consent Decree are inserted for convenience only and are not intended to affect the meaning or interpretation of this Consent Decree. 26. Authorized Representative. Each Party represents and warrants to the other that it has 11 See 5 U.S.C. § 504; 47 CFR §§ 1.1501–1.1530. 6 Federal Communications Commission DA 25-500 full power and authority to enter into this Consent Decree. Each person signing this Consent Decree on behalf of a Party hereby represents that he or she is fully authorized by the Party to execute this Consent Decree and to bind the Party to its terms and conditions. 27. Counterparts. This Consent Decree may be signed in counterpart (including electronically or by facsimile). Each counterpart, when executed and delivered, shall be an original, and all of the counterparts together shall constitute one and the same fully executed instrument. MEDIA BUREAU FEDERAL COMMUNICATIONS COMMISSION ______________________________________ Albert Shuldiner Chief, Audio Division ______________6/12/2025______________ Date Mud Radio, LLC _____________________________________ Elliott Morgan Managing Member ____________________________________ Date 7