Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                        CONSENT DECREE

 I.       INTRODUCTION

     1.   This Consent Decree is entered into by the 
 Enforcement Bureau of the Federal Communications 
 Commission and Communications Counsel Group, Inc., 
 licensee of Station WQII(AM), San Juan, Puerto, Rico.

 II. 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)    ``Assignment Application'' means the FCC Form 
           314 application filed by Communications Counsel 
           Group, Inc. and Broadcasting Networks of Puerto 
           Rico, Inc. (``BPR'') for approval of the 
           assignment of license for Station WQII(AM) (File 
           No. BAL-20010302AAF), which was dismissed on 
           January 3, 2005;

         c)         ``Bureau'' means the Enforcement Bureau 
           of the Federal Communications Commission;

         d)    ``Commission'' or ``FCC'' means the Federal 
           Communications Commission;

         e)         ``CCG'' means Communications Counsel 
           Group, Inc., licensee of Station WQII(AM), San 
           Juan, Puerto Rico; 

         f)         ``Complaints'' mean the third-party 
           complaints received by, or in the possession of, 
           the Bureau as of the Effective Date, alleging 
           one or more violations of the Act and/or the 
           Rules by CCG, which complaints are referenced in 
           the letters of inquiry from the Bureau to CCG 
           dated December 20, 2002, June 15, 2003, and 
           December 24, 2003;

         g)    ``Compliance Plan'' means the compliance plan 
           provided as Attachment A hereto;

         h)    ``Effective Date'' means the date on which 
           the Bureau releases the Order;   

         i)         ``Final Order'' means the status of the 
           Order after the period for administrative and 
           judicial review has lapsed; 

         j)         ``Investigation'' means the Bureau's 
           investigation of the allegations contained in 
           the Complaints, including the letters of inquiry 
           from the Bureau to CCG, dated December 20, 2002, 
           June 15, 2003, and December 24, 2003;

         k)    ``Order'' means an order of the Bureau 
           adopting this Consent Decree;     

         l)         ``Parties'' means CCG and the Bureau;

         m)    ``Rules'' means the Commission's regulations 
           set forth in Title 47 of the Code of Federal 
           Regulations; 

         n)    ``Station'' means Station WQII(AM), San Juan, 
           Puerto Rico (Facility ID No. 12712), licensed to 
           CCG; and

         o)    ``Violations'' means the violations of the 
           Act and the Rules by CCG, as set forth in Table 
           1 attached hereto, which is incorporated by 
           reference herein and forms a part of this 
           Consent Decree.

 III.     BACKGROUND

     3.   The Bureau received Complaints alleging that 
Violations had occurred.  The Bureau thereafter commenced 
the Investigation to determine whether CCG violated the Act 
and/or the Rules as alleged.

     4.   CCG acknowledges that the Violations occurred.  
Specifically, CCG acknowledges that it failed to timely file 
complete and accurate ownership reports for the years 1997, 
1998, 1999, 2001 and 2003.  CCG further acknowledges that, 
in connection with a December 28, 2000, Time Brokerage 
Agreement, the Assignment Application, and various related 
agreements, it prematurely transferred control of the 
Station to BPR for a period of at least two years.  CCG also 
acknowledges that, on October 3, 2002, it failed to make the 
Station's public inspection file available upon request.  
Finally, CCG acknowledges that, in responding to Bureau 
letters of inquiry noted above, it did not completely and 
accurately respond to all questions posed by the respective 
letters.  CCG has committed to implement and adhere to the 
Compliance Plan, which is incorporated by reference into 
this Consent Decree.  

     5.   Both the Bureau and CCG acknowledge that any 
proceeding that might result from the Investigation will be 
time consuming and will require the expenditure of public 
and private resources.  In order to conserve such resources 
and to promote compliance by CCG with the Act and the Rules, 
the Bureau and CCG are entering into this Consent Decree in 
consideration of the mutual commitments made herein.

IV.  AGREEMENT

     6.   CCG and the Bureau agree to be legally bound by 
the terms and conditions of this Consent Decree.  CCG and 
the Bureau each represent and warrant that its signatory is 
duly authorized to enter into this Consent Decree on its 
behalf.  CCG agrees that the Commission has jurisdiction 
over the matters contained in this Consent Decree.

     7.   The Parties agree that the provisions of this 
Consent Decree shall be subject to final approval by the 
Bureau by incorporation of such provisions by reference in 
an Order.  

     8.   The Parties agree that this Consent Decree shall 
become effective on the Effective Date.  Upon the Effective 
Date, the Order and this Consent Decree shall have the same 
force and effect as any other order of the Bureau and any 
violation of the terms of this Consent Decree shall 
constitute a separate violation of a Bureau order, entitling 
the Bureau to exercise any rights and remedies attendant to 
the enforcement of a Bureau order.

     9.   As part of the Order, the Bureau shall terminate 
the Investigation and shall dismiss with prejudice the 
Complaints.  From and after the Effective Date, the Bureau 
shall not, either on its own motion or in response to third-
party objection, initiate any inquiries, investigations, 
forfeiture proceedings, hearings, or other sanctions or 
actions against CCG, or the Station, based in whole or in 
part on (i) the Investigation, (ii) the Complaints, (iii) 
any other similar complaints alleging that Violations 
occurred prior to the Effective Date, or (iv) the 
allegations contained in any of the foregoing.  The Bureau 
agrees that, in the absence of material new evidence, it 
will not, on its own motion, initiate or recommend to the 
Commission, any new proceeding, formal or informal, 
regarding the matters discussed in paragraphs 3 and 4, 
above, with regard to Violations that occurred prior to the 
Effective Date.  The Bureau further agrees that, in the 
absence of material new evidence, it will not use the facts 
developed in the Investigation prior to the Effective Date 
to initiate on its own motion, or recommend to the 
Commission, any proceeding, formal or informal, or take any 
action on its own motion against CCG with respect to its 
basic qualifications to be or remain a Commission licensee.  
Nothing in this Consent Decree shall prevent the Bureau from 
instituting, or recommending to the Commission, new 
investigations or enforcement proceedings against CCG, in 
the event of any alleged future misconduct, for violation of 
this Consent Decree, or for violation of the Act or the 
Rules, consistent with the provisions of this Consent 
Decree.

     10.  CCG admits, solely for the purpose of this Consent 
Decree and for FCC civil enforcement purposes, and in 
express reliance on the provisions of paragraph 9 hereof, to 
having committed the Violations.  Notwithstanding any other 
provision of this Consent Decree, it is expressly agreed and 
understood that if this Consent Decree is breached by the 
Bureau, or is invalidated or modified to CCG's prejudice by 
the Commission or by any court, then the provisions of the 
immediately-preceding sentence shall be of no force or 
effect whatever, and CCG shall not, by virtue of that 
sentence or any other provision of this Consent Decree, be 
deemed to have made any admission concerning the operation 
of the Station.

     11.  The Parties agree and acknowledge that this 
Consent Decree shall constitute a final settlement between 
them concerning the Bureau's Investigation of the matters 
discussed in paragraphs 3 and 4, above. 

     12.  In consideration of the Bureau's termination of 
its Investigation into these matters, CCG agrees to the 
terms set forth herein.

     13.  CCG will make a voluntary contribution to the 
United States Treasury in the amount of Fifty Thousand 
Dollars ($50,000), payable in installments in accordance 
with the schedule set forth on Table II, attached, which is 
incorporated herein and forms a part of this Consent Decree.  
The payments must be timely made in accordance with that 
schedule by check or similar instrument, payable to the 
order of the Federal Communications Commission.  Each 
payment must include the Acct. No. and FRN referenced above.  
Payment by check or money order may be mailed to the 
Forfeiture Collection Section, Finance Branch, Federal 
Communications Commission, P.O. Box 73482, Chicago, Illinois 
60673-7482.  Payment by overnight mail may be sent to Bank 
One/LB 73482, 525 West Monroe, 8th Floor Mailroom, Chicago, 
Illinois 60661.  Payment by wire transfer may be made to ABA 
Number 071000013, receiving bank Bank One, and account 
number 1165259. 

     14.  CCG represents that it has adopted, and is 
currently in the process of implementing, a company-wide 
compliance plan for the purpose of preventing future 
violations of the Act and of the Rules.  A summary of the 
plan is set forth in Attachment A hereto.  CCG agrees, to 
the extent that it has not already done so, to implement the 
Compliance Plan within thirty (30) days of the Effective 
Date and to keep such Compliance Plan in effect for three 
(3) years thereafter.

     15.  CCG agrees that it is required to comply with each 
individual condition of this Consent Decree.  Each specific 
condition is a separate condition of the Consent Decree as 
approved.  To the extent that CCG fails to satisfy any 
condition, in the absence of Bureau alteration of the 
condition, it will be deemed noncompliant and may be subject 
to possible enforcement action, including, but not limited 
to, designation of the matter for hearing, letters of 
admonishment, or forfeitures.

     16.  CCG waives any and all rights that 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 Order, provided that 
the Order adopts the Consent Decree without change, addition 
or modification.

     17.  CCG waives any claims that it may otherwise have 
under the Equal Access to Justice Act, 5 U.S.C.  504 and 47 
C.F.R.  1.1501 et seq., relating to the matters discussed 
in this Consent Decree.

     18.  If any Party (or the United States on behalf of 
the FCC) brings a judicial action to enforce the terms of 
the Order, neither CCG nor the FCC shall contest the 
continuing validity of the Consent Decree or the Order.  CCG 
and the Bureau further agree that they will waive any 
statutory right to a trial de novo with respect to any 
matter upon which the Order is based (provided in each case 
that the Order is limited to adopting the Consent Decree 
without change, addition, or modification), and that they 
will consent to a judgment incorporating the terms of this 
Consent Decree.  

     19.  In the event that this Consent Decree is rendered 
invalid by any court of competent jurisdiction, this Consent 
Decree shall become null and void and may not be used in any 
manner in any legal proceeding.

     20.  This Consent Decree may be signed in counterparts 
and/or by telecopy and, when so executed, the counterparts, 
taken together, will constitute a legally binding and 
enforceable instrument whether executed by telecopy or by 
original signatures.



ENFORCEMENT BUREAU
FEDERAL COMMUNICATIONS COMMISSION        

________________________________                  
_______________
David H. Solomon, Chief                           Date

COMMUNICATIONS COUNSEL GROUP, INC.

___________________________________                          
_______________
Nieves Gonzalez-Abreu, President                       Date


                           Table I


                         Violations


Failure to provide truthful     47 C.F.R.  73.1015
written statements to 
Commission inquiries

Failure to accurately and      47 C.F.R.  73.3615
timely complete ownership 
reports

Unauthorized transfer of       47 U.S.C.  310(d); 47 
control                        C.F.R.  73.3540

Failure to make public         47 C.F.R.  73.3526
inspection file available 
upon request



                          Table II

                      Payment Schedule

       April 1, 2005                      $5,000

        May 1, 2005                       $2,500

        June 1, 2005                      $2,500

        July 1, 2005                      $2,500

       August 1, 2005                     $2,500

     September 1, 2005                    $2,500

      October 1, 2005                     $2,500

      November 1, 2005                    $2,500

      December 1, 2005                    $2,500

      January 2, 2006                     $2,500

      February 1, 2006                    $2,500

       March 1, 2006                      $2,500

       April 1, 2006                      $2,500

        May 1, 2006                       $2,500

        June 1, 2006                      $2,500

        July 1, 2006                      $2,500

       August 1, 2006                     $2,500

     September 1, 2006                    $2,500

      October 1, 2006                     $2,500

                        Attachment A



                       Compliance Plan


   To ensure that Station WQII(AM) does not commit 
Violations in the future, CCG will do the following:


   1.     CCG will conduct training for all Station 
      employees on compliance with FCC Rules applicable to 
      station operations.  To augment this training, outside 
      counsel, or other comparable professionals, will 
      conduct an on-site workshop for Station employees.  
      CCG will videotape this workshop and use it as 
      refresher training for staff and management at least 
      every twelve (12) months, and to train any new Station 
      employees after commencement of their duties at the 
      Station.  

   2.     CCG shall engage FCC counsel on an ongoing basis 
      to provide guidance to CCG on FCC compliance issues, 
      to provide regular updates and notices on developments 
      in communications law applicable to CCG, and to review 
      CCG's applications and reports prior to filing with 
      the FCC.  In regard to the last matter, CCG recognizes 
      and acknowledges that any and all information provided 
      to the FCC must completely and candidly set forth all 
      relevant facts and circumstances, regardless of 
      whether such a submission may disclose a violation of 
      the Act or the Rules.

   3.     CCG shall maintain sole control of the 
      programming, personnel and finances of Station 
      WQII(AM) and shall provide an affidavit or declaration 
      to the Bureau, signed by CCG's President, certifying 
      that CCG has maintained and is maintaining such 
      control, on or before December 31 of each year of the 
      license term (but no earlier than December 1 of each 
      such year).