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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of ) File No. EB-04-TC-104
Fox Television Stations, Inc ) Facility No. 22207
Licensee of WTTG-TV ) NAL/Acct. No. 200532170011
Washington D.C. ) FRN: 00012916607
)
ORDER
Adopted: November 17, 2006 Released: November 17, 2006
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau and Fox Television Stations, Inc.,
("Fox"). The Consent Decree terminates an investigation initiated by
the Enforcement Bureau regarding whether Fox violated section 713 of
the Communications Act of 1934, as amended (the "Act"), and section
79.2(b)(1)(i) of the Commission's rules by failing to make accessible
to persons with hearing disabilities emergency information that it
provided aurally in its programming for WTTG-TV during a
thunderstorm/tornado watch in Washington, D.C. Metropolitan area on
May 25, 2004.
2. The Enforcement Bureau and Fox have negotiated the terms of a Consent
Decree that resolve this matter and terminate the investigation. A
copy of the Consent Decree is attached hereto and incorporated by
reference.
3. After reviewing the terms of the Consent Decree, we find that the
public interest would be served by adopting the Consent Decree and
terminating the investigation. In the absence of material new evidence
relating to this matter, we conclude that our investigation raises no
substantial or material questions of fact as to whether Fox possess
the basic qualifications, including character qualifications, to
remain a Commission licensee.
4. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the
Communications Act of 1934, as amended, and the authority delegated by
sections 0.111 and 0.311 of the Commission's rules, that the attached
Consent Decree IS ADOPTED.
5. IT IS FURTHER ORDERED that the above-captioned investigation into the
matters described herein is terminated.
6. IT IS FURTHER ORDERED that copies of this order shall be sent by
regular first class mail and certified mail - return receipt requested
to Molly Pauker, Vice President Corporate and Legal Affairs, Fox
Television, Inc., 5151 Wisconsin Avenue, Washington, D.C. 20016.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
)
In the Matter of File No. EB-04-TC-104
)
Fox Television Stations, Inc. Facility ID No. 22207
)
Licensee of WTTG-TV NAL/Acct. No. 200532170011
)
Washington, D.C. FRN: 0012916607
)
)
)
CONSENT DECREE
I. Introduction
1. The Enforcement Bureau ("Bureau") of the Federal Communications
Commission (the "FCC" or "Commission") and Fox Television Stations, Inc.,
("Fox"), by their authorized representatives, hereby enter into this
Consent Decree for the purpose of terminating the Bureau's investigation
(the "Investigation") regarding whether Fox complied with section 713 of
the Communications Act of 1934, as amended (the "Act"), and section
79.2(b)(1)(i) of the Commission's rules, as it relates to the duty to make
accessible to persons with hearing disabilities emergency information that
it provided aurally in its programming for WTTG-TV during a
thunderstorm/tornado watch in the Washington, D.C. Metropolitan area on
May 25, 2004.
II. BACKGROUND
2. On May 25, 2004, there was a severe thunderstorm/tornado watch in the
Washington, D.C. Metropolitan area. The Commission received a consumer
complaint against WTTG-TV alleging that the station failed to make
information on the thunderstorm/tornado watch accessible to persons with
hearing disabilities. The complaint alleged that this failure resulted in
confusion regarding the severity and location of the emergency including
what viewers should do to remain safe. The Bureau subsequently launched
an investigation into Fox's broadcasts carried on WTTG-TV on that date.
After investigation, the Bureau issued a Notice of Apparent Liability
("NAL") finding that Fox committed two apparent violations of section 713
of the Act and the Commission's emergency visual access rules. The NAL
proposed a forfeiture of $16,000.
III. DEFINITIONS
3. For the Purposes of this Consent Decree, the following definitions
shall apply:
(a) "Act" means the Communications Act of 1934, as amended;
(b) "Bureau" means the Enforcement Bureau of the Federal Communications
Commission;
(c) "Complaint" means the Complaint filed by Cheryl Heppner, Executive
Director, Northern Virginia Resource Center for Deaf and Hard of Hearing
Persons on May 28, 2004;
(d) "Effective Date" means the date on which the Bureau releases the
Adopting Order;
(e) The "FCC" or the "Commission" means the Federal Communications
Commission;
(f) "Investigation" means the investigation of the Station and the
allegations contained in the Complaint;
(g) "Fox" or the "Company" means Fox Television Stations, Inc., and any
affiliate, d/b/a, predecessor-in-interest, parent companies and any direct
or indirect subsidiaries of such parent companies, or other affiliated
companies or businesses, and their successors and assigns;
(h) "Order" or "Adopting Order" means an Order of the Bureau adopting the
terms and conditions of this Consent Decree without change, addition, or
modification, and formally terminating the above-captioned Investigation;
(i) "Parties" means Fox and the Bureau;
(j) "Rules" means the Commission's regulations set forth in Title 47 of
the Code of Federal Regulations; and
(k) "Station" or "WTTG" means Fox's owned station assigned to Washington,
D.C.
IV. AGREEMENT
4. Fox agrees that the Bureau has jurisdiction over it and the subject
matter contained in this Consent Decree and the authority to enter into
and adopt this Consent Decree.
5. The Parties agree and acknowledge that this Consent Decree shall
constitute a final settlement between them concerning the Investigation.
In express reliance on the covenants and representations contained herein,
and in order to avoid the potential expenditure of additional public
resources, the Bureau agrees to terminate the Investigation. In
consideration for the termination of this Investigation and in accordance
with the terms of this Consent Decree, Fox agrees to the terms,
conditions, and procedures contained herein.
6. The Parties agree that this Consent Decree does not constitute either
an adjudication on the merits or a factual or legal finding regarding any
compliance or noncompliance by Fox with the requirements of the Act and
the Rules. The Parties agree that this Consent Decree is for settlement
purposes only and that by agreeing to this Consent Decree, Fox does not
admit or deny any non-compliance or violation of or any liability under
the Act or Commission rules in connection with the matters that are the
subject of 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 and shall have the same force and effect as any other
order of the Commission. 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.
9. The Bureau agrees that it shall terminate the Investigation. The Bureau
agrees that, in the absence of new material evidence, it shall not on its
own motion or in response to third-party objection, initiate any
inquiries, investigations, forfeiture proceedings, hearings, or other
sanctions or actions against Fox or the Station based in whole or in part
on the Investigation or on any complaints alleging violations of section
79.2 relating to the coverage Fox provided of the thunderstorm/tornado
watch on May 25, 2004. 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, informal or formal, or
take any action on its own motion against Fox with respect to its basic
qualifications to be or remain a Commission licensee.
10. In consideration for the termination of the Investigation, the Station
will implement within 30 days of the Effective Date and maintain the
following Emergency Visual Presentation Policy, which will be overseen by
the Station's News Director:
(a) Consistent with the Commission's rules, it shall be the policy of WTTG
to close caption all emergency information broadcast outside a regularly
scheduled newscast if such information is conveyed via the Station's
audio. However, if captioning services are not immediately available or if
caption services cannot be immediately secured, WTTG will make the
critical details of the emergency information accessible by other visual
means, such as crawls, scrolls, or handwriting on a blackboard,
whiteboard, or other display and will continue to do so until captioning
begins. Emergency information will include any information relating to an
imminent or ongoing emergency, as described in Section 79.2 of the
Commission's rules, affecting WTTG's viewers that is intended to protect
life, health, or property;
(b) The Station will distribute, at least every six months, the Station's
Emergency Visual Presentation Policy to all employees;
(c) The Station will incorporate the Station's Emergency Visual
Presentation Policy into the Station's regular news employee training
session;
(d) Pursuant to the Emergency Visual Presentation Policy, WTTG will
promptly commence captioning, or contact its captioning service, before or
contemporaneously with any broadcast coverage of a pending or imminent
emergency that endangers the Station's viewers and will make its best
reasonable efforts to ensure that coverage of the emergency is captioned
as soon as possible. Consistent with Section 79.2 of the Commission's
rules, during any time that captioning is not immediately available to
caption the newscast or breaking news report, WTTG will make the critical
details of the emergency information accessible by other visual means,
such as crawls, scrolls, or handwriting on a blackboard, whiteboard or
other display;
(e) Pursuant to the Emergency Visual Presentation Policy, the Station will
maintain a dedicated captioning computer that is remotely accessible by
the News Desk that has direct internet access to all of its captioning
service's captioners nationwide so that Master Control Operators and
personnel at any News Desk computer can: (1) initiate emergency captioning
by pressing one key, (2) order future captioning by accessing and clicking
on an icon on the computer, (3) verify that captioning has come on line
and (4) converse with captioners via internet;
(f) Pursuant to the Emergency Visual Presentation Policy, the Station will
maintain visible postings on television monitors in the Station's newsroom
that remind employees to promptly contact the Station's captioning service
during emergency events, such postings will include the phone number for
that service;
(g) Pursuant to the Emergency Visual Presentation Policy, as circumstances
warrant, in addition to captioning, the Station will provide special
weather text graphics to hearing impaired viewers with shelter-at-home
tips during coverage of tornado, severe thunderstorm, flash flooding or
other weather emergencies. This is in addition to providing emergency
information in an accessible format while waiting for captioning to
commence.
11. In consideration for the termination of the Investigation, and in
accordance with the terms of this Consent Decree, Fox will make a
voluntary contribution to the United States Treasury without further
protest or recourse to a trial de novo in the amount of twelve thousand
dollars ($12,000) within thirty (30) calendar days after the Effective
Date. Fox must make this payment 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 358340 Pittsburgh,
Pennsylvania, 15251. Payment by overnight mail may be sent to Mellon
Client Service, 500 Ross Street, Room 670, Pittsburgh, PA 15262-0001,
Attn: FCC Module Supervisor. Payment by wire transfer may be made to ABA
Number 043000261, receiving bank Mellon Bank, and account number 911-6229.
Please include your NAL/Acct. No. with your wire transfer.
12. Fox's decision to enter into this Consent Decree is expressly
contingent upon the Bureau's issuance of an Order that is consistent with
this Consent Decree, and which adopts the Consent Decree without change,
addition or modification.
13. Fox 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 Bureau issues an Order adopting the Consent Decree without
change, addition or modification.
14. If any Party (or the United States on behalf of the FCC) brings a
judicial action to enforce the terms of the Order, neither Fox nor the FCC
shall contest the continuing validity of the Consent Decree or Order. Fox
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.
15. 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.
16. The Parties agree that if any provision of this Consent Decree
conflicts with any subsequent rule or order adopted by the Commission
(except an order specifically intended to revise the terms of this Consent
Decree to which Fox does not consent), that provision will be superceded
by such Commission rule or order.
17. By this Consent Decree, Fox does not waive or alter its right to
assert and seek protection from disclosure of any privileged or otherwise
confidential and protected documents and information, or to seek
appropriate safeguards of confidentiality for any competitively sensitive
or proprietary information.
18. The Parties agree that the requirements of this Consent Decree shall
expire twenty-four (24) months from the Effective Date.
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.
For the Enforcement Bureau For Fox Television Stations, Inc.
By: ______________________________ By: ______________________________
Kris Anne Monteith
Chief
______________________________ ______________________________
Date Date
47 U.S.C. S 613.
47 C.F.R. S 79.2(b)(1)(i).
47 U.S.C. S 154(i).
47 C.F.R. SS 0.111, 0.311.
47 U.S.C. S 713; 47 C.F.R. S 79.2(b)(i).
Fox Television Stations, Inc., Notice of Apparent Liability, 20 FCC Rcd
9847 (EB released May 25, 2005)
(...continued from previous page)
(continued....)
Federal Communications Commission DA 06-2052
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Federal Communications Commission DA 06-2052