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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).