 The FCC ruled that since part of the sale's proceeds would go towards reimbursing Whitley for operating costs, Cumulus would retain all economic risk for operating the station.It also ruled that Cumulus would have realized nearly all profit or loss if Whitley were to sell KTDK to a third party.Therefore, the FCC determined that the sale to Whitley was a straw purchase in which Cumulus would remain the de facto owner of KTDK.