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 WVRM, Inc., licensee of noncommercial
educational Station WCNJ(FM), Hazlet, New Jersey.
II. Definitions
2. For the purposes of this Consent Decree, the
following definitions shall apply:
a) ``WVRM'' refers to WVRM, Inc., and its
successors and assigns;
b) ``WVRM Principal'' means Jaspal Suri, the
current Chief Executive Officer and President of
WVRM;
c) ``Bureau'' means the Enforcement Bureau of
the Federal Communications Commission;
d) ``Parties'' means the Bureau and WVRM;
e) ``Commission'' or ``FCC'' means the Federal
Communications Commission;
f) ``Station'' means noncommercial
educational Station WCNJ(FM) (Facility ID No.
70644), licensed to Hazlet, New Jersey;
g) ``Act'' means the Communications Act of 1934,
as amended, 47 U.S.C. §§ 151 et seq.;
h) ``Rules'' means the Commission's regulations
set forth in Title 47 of the Code of Federal
Regulations;
i) ``Underwriting Laws'' means section 399B
of the Communications Act of 1934, 47 U.S.C. §
399B, and section 73.503(d) of the Commission's
rules, 47 C.F.R. § 73.503(d);
j) ``Complaints'' mean third-party complaints
received by, or in the possession of, the Bureau
alleging violation of the Underwriting Laws by
WVRM, dated August 14, 2002, and March 15, 2004;
k) ``Investigation'' means the investigation of
the allegations contained in the Complaints,
including the letters of inquiry from the Bureau
to WVRM, dated September 25, 2003, and August 5,
2004;
l) ``Order'' means an order of the
Enforcement Bureau adopting this
Consent Decree;
m) ``Final Order'' means the status of the
Order after the period for administrative and
judicial review has lapsed; and
n) ``Effective Date'' means the date on which
the Bureau releases the Order.
III. Background
3. The Bureau received the Complaints alleging that
WVRM has broadcast certain material in violation of the
Underwriting Laws over the Station. The Bureau thereafter
commenced the Investigation to determine whether WVRM may
have violated the Underwriting Laws in connection with such
broadcasts.
4. WVRM has committed to complete the remedial
measures and other undertakings contemplated by this Consent
Decree.
IV. Agreement
5. WVRM and the Bureau agree to be legally bound by
the terms and conditions of this Consent Decree. WVRM and
the Bureau each represent and warrant that its signatory is
duly authorized to enter into this Consent Decree on its
behalf. WVRM agrees that the Bureau has jurisdiction over
the matters contained in this Consent Decree.
6. 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.
7. 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 Commission and
any violation of the terms of this Consent Decree shall
constitute a separate violation of a Commission order,
entitling the Commission to exercise any rights and remedies
attendant to the enforcement of a Commission order.
8. Both the Bureau and WVRM acknowledge that any
proceeding that might result from the Investigation will be
time consuming and will require the expenditure of public
and private resources.
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 WVRM, its Principal, or the Station, based
in whole or in part on (i) the Investigation, (ii) the
Complaints, (iii) any other similar complaints alleging
violation by WVRM of the Underwriting Laws, with respect to
any broadcast of any of the announcements specified in the
Complaint occurring 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 paragraph 3, above, with
regard to broadcasts 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 this
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 WVRM 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 WVRM, in the event of any
alleged future misconduct for violation of this Consent
Decree or for violation of the Act or the Commission's
rules, consistent with the provisions of this Consent
Decree.
10. WVRM 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,
that the underwriting announcements at issue in the
Investigation are in violation of the Underwriting Laws.
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 WVRM'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 WVRM
shall not, by virtue of that sentence or any other provision
of this Consent Decree, be deemed to have made any admission
concerning any announcements broadcast on 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 paragraph 3, above.
12. In consideration of the Bureau's termination of
its Investigation into these matters, WVRM agrees to the
terms set forth herein.
13. WVRM will make a voluntary contribution to the
United States Treasury in the amount of Ten Thousand Dollars
($10,000), payable in installments in accordance with the
schedule set forth on Table I, attached, which is
incorporated herein and forms a part of this Consent Decree.
WVRM will make each installment of this contribution on a
timely basis without further protest or recourse, by check
or similar instrument, payable to the order of the Federal
Communications Commission. The payment must include the
Acct. No. and FRN referenced above. Payment by check or
money order may be mailed to 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. As a further condition to this agreement, WVRM
will institute and follow the terms of the Compliance Plan
identified in the Attachment to this Consent Decree within
thirty (30) days of the Effective Date.
15. WVRM 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 WVRM fails to
satisfy any condition, in the absence of Commission
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. WVRM 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.
17. WVRM agrees to waive any claims 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 WVRM nor the FCC shall contest the
continuing validity of the Consent Decree or Order. WVRM
and the Commission 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
WVRM, INC.
___________________________________
_______________
Jaspal Suri, Chief Executive Officer and President
Date
Compliance Plan
To ensure Station WCNJ(FM)'s full compliance with the
Commission's underwriting laws, WVRM will do the following:
1. WVRM has established and will maintain a multi-
level review procedure for underwriting content to be
aired on station WCNJ(FM), Hazlet, New Jersey. All
scripts of announcements will be reviewed, prior to
broadcast, for compliance with FCC underwriting rules
and regulations by: (i) General Manager; (ii)
President; (iii) an outside consultant familiar with
the Underwriting Laws; and (iv) if there is
uncertainty as to the legality of such announcement,
then outside communications counsel.
2. WVRM has conducted and will conduct training on
acceptable underwriting content for all station
management and staff responsible for underwriting
content. To augment this training, an outside
consultant has conducted an on-site training session
for the foregoing station's staff and management with
respect to practical application of the underwriting
content standards and guidelines. Outside counsel, or
other comparable professionals, will conduct a second
on-site workshop in 2005. the station will videotape
this workshop and use it as refresher training for
staff and management at least once every twelve (12)
months, include it as a mandatory part of underwriting
sales executive training, and use it to train any new
station employees involved in underwriting promptly
after they commence their duties.
3. WVRM has also implemented and will maintain a plan
to proactively educate prospective underwriting
clients about appropriate underwriting content. To
that end, underwriting account executives are and will
be required to provide an overview of underwriting
announcement guidelines to prospective clients before
contracts are accepted.
4.To oversee operations and maintain the appropriate
management and control of the station, WVRM will
continue to maintain a minimum of the following level
of management personnel at the Station, which is
primarily operated by volunteers. Currently, WVRM
maintains the following full-time paid station staff:
Chief Executive Officer and President, and a General
Manager.
Table I
Payment Schedule
Date Amount
March 14, 2005 $2,000
April 14, 2005 $1,000
May 13, 2005 $1,000
June 14, 2005 $1,000
July 14, 2005 $1,000
August 15, 2005 $1,000
September 14, 2005 $1,000
October 14, 2005 $1,000
November 14, 2005 $1,000