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Federal Communications Commission
Washington, D.C. 20554
In the Matter of File No. EB-06-IH-0851
Navajo Missions, Inc. Acct. No. 200732080017
Licensee of Noncommercial Educational FRN 0009053224
Station KNMI(FM), Farmington, New Mexico )
Facility ID No. 47890
1. This Consent Decree is entered into by the Enforcement Bureau of the
Federal Communications Commission and Navajo Missions, Inc.
2. For the Purposes of this Consent Decree, the following definitions
a. "NMI" means Navajo Missions, Inc.;
b. "Non-Related Company" means a company or organization in which neither
NMI nor its principals, individually or collectively, are an officer,
director, partner, member, manager or holder (directly or indirectly)
of an ownership interest;
c. "Commission" or "FCC" means the Federal Communications Commission;
d. "Bureau" means the Enforcement Bureau of the Federal Communications
e. "Parties" means the Bureau and NMI;
f. "Station" means Station KNMI(FM), Farmington, New Mexico (Facility ID
g. "Licenses" means all authorizations, permits and licenses issued by
the Commission in connection with the operation of the Station;
h. "Licensee" means the holder of the License;
i. "Act" means the Communications Act of 1934, as amended, 47 U.S.C.
Section 151 et seq.;
j. "Rules" means the Commission's regulations set forth in Title 47 of
the Code of Federal Regulations;
k. "Underwriting Laws" means Section 399B of the Communications Act of
1934, 47 U.S.C. S 399b, and Section 73.503(d) of the Commission's
Rules, 47 C.F.R. S 73.503(d).
l. "Adopting Order" means an order of the Bureau adopting this Consent
m. "Effective Date" means the date on which the Adopting Order is
n. "Consultant" means a outside professional adviser who is expert in
Underwriting Laws and issues and who is retained by the Licensee;
o. "Investigation" means the investigation conducted by the Bureau
regarding compliance by NMI with the Act and the Rules governing
underwriting announcements by noncommercial educational broadcast
stations in connection with its operation of the Stations during the
period August 9-11, 2005, and November 1, 2005; and
p. "Violations" means violations of Section 399(b) of the Act and Section
73.503(d) of the Rules by NMI, as described in this Consent Decree.
3. On or about December 9, 2005, the Bureau received a complaint alleging
that the Station had aired prohibited underwriting announcements
during the period August 9-11, 2005, and November 1, 2005. The
complaint resulted in the commencement of an investigation by the
Bureau which revealed apparent Violations with regard to certain
underwriting announcements aired over the Station by NMI during that
period (the "Violations"). These announcements appear to have violated
Section 399(b) of the Act and Section 73.503(d) of the Rules because
they exceeded the bounds of what is permissible and within licensee
discretion under the Act and pertinent Commission precedent.
4. NMI and the Bureau acknowledge that any proceeding that might result
from the Investigation will require the significant expenditure of
public and private resources. In order to conserve such resources and
to promote compliance by NMI with the Act and the Rules, the Parties
hereby enter into this Consent Decree in consideration of the mutual
commitments made herein.
5. NMI agrees that the Bureau, by delegated authority of the Commission,
has jurisdiction over the matters contained in this Consent Decree,
and the authority to enter into and adopt this Consent Decree.
6. NMI agrees to be legally bound by the terms and conditions of this
Consent Decree. NMI represents and warrants that its signatory is duly
authorized to enter into this Consent Decree on its behalf.
7. The Parties agree that this Consent Decree will become effective on
the Effective Date. Upon the Effective Date, the Adopting Order and
this Consent Decree will have the same force and effect as any other
order of the Bureau and any violation of the terms of this Consent
Decree will constitute a separate violation of a Bureau order,
entitling the Bureau to subject NMI to enforcement action for such
violation, as well as enforcement action with respect to the
8. NMI hereby admits to having committed the Violations.
9. In consideration of the terms and conditions set forth herein, the
Bureau agrees to terminate its Investigation. From and after the
Effective Date, in the absence of material new evidence, the Bureau
agrees that it will not use the Violations in any action against NMI,
provided that it satisfies all of its obligations under this Consent
Decree. Nothing in this Consent Decree will prevent the Bureau from
instituting or recommending to the Commission any new investigation or
enforcement proceeding against NMI in the event of any alleged future
misconduct involving violation of this Consent Decree, or violation of
the Act or the Rules.
10. NMI agrees that within five (5) calendar days after the Effective
Date, it will make a voluntary contribution to the United States
Treasury in the amount of One Thousand Five Hundred Dollars
($1,500.00). Such payment will be made without further protest or
recourse, by check or similar instrument, payable to the order of the
Federal Communications Commission. Such payment will include the
NAL/Acct. No. and FRN No. referenced in the Adopting Order. Such
payment by check or money order may be mailed to Federal
Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340.
Such payment by overnight mail may be sent to Mellon Bank /LB 358340,
500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Such payment by
wire transfer may be made to ABA Number 043000261, receiving bank
Mellon Bank, and account number 9116229.
11. As a further condition to this agreement, NMI will institute and
follow the terms of a Compliance Plan within thirty (30) days of the
Effective Date. The Plan will include, at a minimum, the following
a. NMI will utilize its multi-level review procedure for underwriting
content to be aired on the Station. All scripts of announcements will
continue to be reviewed, prior to broadcast, for compliance with the
b. Within thirty days of joining NMI, any new station employee hired by
NMI will be trained on acceptable underwriting content that complies with
the Underwriting Laws. In addition, NMI station employees will be trained
on an annual basis regarding existing guidelines and, where applicable,
pertinent changes to the Underwriting Laws.
c. NMI will also implement and maintain a plan to educate prospective
clients about appropriate underwriting content. To that end, NMI will
provide a written overview of the Underwriting Laws to each client before
it accepts any contract with the client to air material over Station
KNMI(FM). NMI will not accept any announcement that does not comply with
the Underwriting Laws.
12. NMI agrees that any violation of this Consent Decree, including but
not limited to a failure to make any of the payments required by
Paragraph 10 hereof, will constitute a separate violation of a
Commission order and subject each to appropriate administrative
13. This Consent Decree will be binding on NMI's transferees, successors
and assigns, provided that in the event of an assignment or transfer
of the Licenses to a Non-Related Company, only the obligations of
Paragraph 10 will be binding on the assignee or transferee.
14. NMI 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
Order, provided the Order adopts the Consent Decree without change,
addition or modification.
15. NMI agrees to waive any claims it may otherwise have under the Equal
Access to Justice Act, 5 U.S.C. Section 504 and 47 C.F.R. Section
1.1501 et seq., relating to the matters discussed in this Consent
16. NMI agrees that the effectiveness of this Consent Decree is expressly
contingent upon issuance of the Order, provided the Order adopts the
Consent Decree without change, addition or modification.
17. NMI and the Bureau each agrees that if NMI, the Commission or the
United States on behalf of the Commission, brings a judicial action to
enforce the terms of the Order adopting this Consent Decree, neither
NMI nor the Commission will contest the validity of the Consent Decree
or Order, and NMI 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 will consent to a
judgment incorporating the terms of this Consent Decree.
18. NMI and the Bureau agree that in the event that this Consent Decree is
rendered invalid by any court of competent jurisdiction, it will
become null and void and may not be used in any manner in any legal
19. 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.
FEDERAL COMMUNICATIONS COMMISSION
By: Kris Anne Monteith
Chief, Enforcement Bureau
NAVAJO MISSIONS, INC.
By: Robert Fitz, President
See 47 U.S.C. S 399b; 47 C.F.R. S 73.503(d).
See XavierUniversity, Letter of Admonition, issued November 14, 1989 (Mass
Med. Bur.), recons. granted, Memorandum Opinion and Order, 5 FCC Rcd 4920
(...continued from previous page)
Federal Communications Commission DA 07-916
Federal Communications Commission DA 07-916