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Consent Decree
I. Introduction
1. This Consent Decree is entered into by the Enforcement
Bureau of the Federal Communications Commission ("Bureau") and
Community News, LLC.
II. Background
2. Community News, LLC is a Massachusetts-based communications
company. Currently, Community News, LLC owns more than 100
newspapers in the New England area.
3. On March 31, 1995, Community Newspapers Company, Inc.
purchased fourteen Boston-area newspapers, including the
Metrowest Daily News (formerly, the Middlesex News), from Harte-
Hanks Communications, Inc. As a result of the transaction,
Community Newspapers, Inc. acquired control of land mobile
station WZW861 used by the Metrowest Daily News to communicate
with newspaper delivery trucks and delivery personnel. Pursuant
to Section 310(d) of the Communications Act of 1934, as amended,
47 U.S.C. § 310(d), the parties were required to obtain
Commission consent to the substantial transfer of control of the
station prior to consummating the transaction. They failed to do
so.
4. Thereafter, on December 31, 1999, Community Newspapers
Company, Inc. transferred all of its assets to Community News,
LLC, in connection with a reorganization. Although the
reorganization effectuated a pro forma transfer of control of the
WZW861 license, the parties did not request Commission consent
prior to consummating the transaction, contrary to the
requirements of Section 310(d) of the Act.
5. On or about November 15, 2000, Community News, LLC
discovered the two unauthorized transactions in connection with
its due diligence review in preparation for a sale of
substantially all of the assets of Community News, LLC to Herald
Media, Inc. Thereafter, Community News, LLC applied for and was
granted Special Temporary Authority to operate the station.
Community News LLC also has filed appropriate applications which,
when granted, will result ultimately in the assignment of the
WZW861 license to Herald Media, Inc. Following the assignment to
Herald Media, Inc., Community News, LLC will no longer hold any
Commission authorizations.
III. Definitions
6. For the purposes of this Consent Decree, the following
definitions shall apply:
(a) "Commission" means the Federal Communications Commission.
(b) "Bureau" means the Commission's Enforcement Bureau.
(c) "Order" means the order of the Enforcement Bureau
adopting this Consent Decree.
(d) "Final Order" means the Order that is no longer subject
to administrative or judicial reconsideration, review,
appeal, or stay.
(e) ``Act'' means the Communications Act of 1934, as
amended, Title 47 of the United States Code.
IV. Agreement
7. Community News, LLC agrees that the Bureau has jurisdiction
over the matters contained in this Consent Decree and the
authority to enter into and adopt this Consent Decree.
8. The Bureau and Community News, LLC agree that this Consent
Decree does not constitute an adjudication on the merits or any
finding on the facts or law regarding any violations of the Act
or the Commission's rules committed by Community News, LLC.
9. Community News, LLC agrees that it shall make a voluntary
contribution to the United States Treasury in the amount of
$7,500 within 10 calendar days after the Bureau releases the
Order adopting this Consent Decree.
10. In express reliance upon the representations contained
herein, the Bureau agrees to terminate its investigation into the
matters discussed in paragraphs 3 - 5, above.
11. The Bureau agrees not to institute any new proceeding,
formal or informal, of any kind against Community News, LLC for
apparent violations of Section 310(d) of the Act arising from the
matters discussed in paragraphs 3 - 5, above.
12. In the event that Community News, LLC is found by the
Commission or its delegated authority to have engaged in a
violation of Section 310(d) of the Act subsequent to the release
of the Order adopting this Consent Decree, Community News, LLC
agrees that the conduct described in paragraphs 3 -5, above, may
be considered by the Commission or its delegated authority in
determining an appropriate sanction.
13. Community News, LLC 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 adopting this Consent Decree,
provided the Order is limited to adopting the Consent Decree
without change, addition, or modification.
14. Community News, LLC and the Bureau agree 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.
15. Community News, LLC and the Bureau agree that in the event
that this Consent Decree 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.
16. Community News, LLC and the Bureau agree that if Community
News, LLC; the Commission; or the United States acting on behalf
of the Commission, brings a judicial action to enforce the terms
of the Order adopting this Consent Decree, neither Community
News, LLC nor the Commission shall contest the validity of the
Consent Decree or Order, and Community News, LLC and the
Commission shall 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 shall consent to a
judgment incorporating the terms of this Consent Decree.
17. Community News, LLC agrees to waive any claims it may
otherwise have under the Equal Access to Justice Act, Title 5
U.S.C. § 504 and 47 C.F. R. § 1.1501 et seq., relating to the
matters discussed in paragraphs 3 -5, above.
18. Community News, LLC agrees that any violation of the Order
adopting this Consent Decree shall constitute a separate
violation and subject Community News, LLC to appropriate
administrative sanctions.
19. Community News, LLC and the Bureau agree to be bound by the
terms and conditions stated herein.
20. Community News, LLC and the Bureau agree that this Consent
Decree may be signed in counterparts.
ENFORCEMENT BUREAU
FEDERAL COMMUNICATIONS COMMISSION
By: ____________________ __________
David H. Solomon Date
Chief
COMMUNITY NEWS, LLC
By: ____________________ ___________
Kirk Davis Date
President and Chief Operating Officer