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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-04-TC-101
NBC Telemundo License Co. ) Facility No. 47904
Licensee of WRC-TV ) NAL/Acct. No. 200532170010
Washington D.C. ) FRN: 0009825456
)
ORDER
Adopted: February 21, 2006
Released: February 22, 2006
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree
entered into between the Enforcement Bureau and NBC Telemundo
License Co. (``NBC''). The Consent Decree terminates an
investigation initiated by the Enforcement Bureau regarding
whether NBC violated section 713 of the Communications Act of
1934, as amended (the ``Act''),1 and section 79.2(b)(1)(i) of the
Commission's rules2 by failing to make accessible to persons with
hearing disabilities emergency information that it provided
aurally in its programming for WRC-TV during a
thunderstorm/tornado watch in Washington, D.C. Metropolitan area
on May 25, 2004.
2. The Enforcement Bureau and NBC have negotiated the
terms of a Consent Decree that would 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 NBC 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,3 and the authority
delegated by sections 0.111 and 0.311 of the Commission's rules,4
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 F. William LeBeau, Assistant Secretary and
Regulatory Counsel, NBC Telemundo License Co., 1299 Pennsylvania
Avenue, .N.W., Washington, D.C. 2004.
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-101
NBC Telemundo License Co. ) Facility ID No. 47904
Licensee of WRC-TV ) NAL/Acct. No. 200532170010
Washington, D.C. ) FRN: 0009825456
)
)
)
)
CONSENT DECREE
I. INTRODUCTION
1. The Enforcement Bureau (``Bureau'') of the Federal
Communications Commission (the ``FCC'' or ``Commission'') and NBC
Telemundo License Co. (``NBC''), by their authorized
representatives, hereby enter into this Consent Decree for the
purpose of terminating the Bureau's investigation (the
``Investigation'') regarding whether NBC 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,5 as it
relates to the duty to make accessible to persons with hearing
disabilities emergency information that it provided aurally in
its programming for WRC-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 WRC-
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 NBC's broadcasts
carried on WRC-TV on that date. After investigation, the Bureau
issued a Notice of Apparent Liability (``NAL'') finding that NBC
committed two apparent violations of section 713 of the Act and
the Commission's emergency visual access rules. 6 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
which resulted in the issuance of a Notice of Apparent
Liability, NBC Telemundo License Co., DA 05-1512 (EB,
rel. May 25, 2005).
(g) ``NBC'' or the ``Company'' means NBC Telemundo
License Co., 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 NBC 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 ``WRC'' means NBC's owned station
assigned to Washington, D.C.
IV. AGREEMENT
4. NBC 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 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, NBC 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 NBC
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, NBC does not admit
or deny any non-compliance or violation of 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 NBC 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 NBC provided of the
thunderstorm/tornado watch on May 25, 2004. The Bureau agrees
that, in the absence of new material evidence, it will not
initiate or recommend to the Commission any new proceeding,
formal or informal, regarding the matters that were the subject
of the Investigation. 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 NBC 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 Compliance Plan, which
will be overseen by the Station's News Director:
(a) The Station either will commence captioning or
contact its captioning service promptly before or
contemporaneously with any broadcast coverage of a
pending or imminent emergency that endangers the
Station's principal coverage area and will make its
best reasonable efforts to ensure that coverage of the
emergency is captioned as soon as possible;
(b) The Station will maintain visible postings on
television sets in the Station's newsroom that remind
employees to contact the Station's captioning service
during emergency events and include the phone number
for that service;
(c) The Station will maintain a labeled speed-dial
button on telephones in the Station's newsroom with a
direct connection to the Station's captioning service;
(d) As circumstances warrant, 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;
(e) The Station will adopt an emergency visual
presentation policy requiring that all emergency
information broadcast outside a regularly scheduled WRC
newscast be accompanied by captioning if emergency
information is conveyed via the Station's audio. When
circumstances warrant, such information will also
include a clear text graphic or text crawl (e.g.,
weather-related emergencies, security evacuation
details). Emergency information will include any
information relating to an imminent or ongoing
emergency affecting the Washington, D.C. television
market and that is intended to protect life, health, or
property;
(f) The Station will distribute, at least every six
months, the Station's emergency visual
presentation policy to all employees; and
(g) The Station will incorporate the Station's
emergency visual presentation policy into
the Station's annual news employee training session.
11. In consideration for the termination of the
Investigation, and in accordance with the terms of this Consent
Decree, NBC 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 30
calendar days after the Effective Date. NBC 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
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.
12. NBC'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. NBC 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 NBC nor the FCC shall contest the continuing validity of
the Consent Decree or Order. NBC 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 NBC does not
consent), that provision will be superceded by such Commission
rule or order.
17. By this Consent Decree, NBC 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 NBC Telemundo License Co.
By:______________________________ By:
______________________________
Kris Anne Monteith
Chief
______________________________
______________________________
Date Date
_________________________
147 U.S.C. § 613.
247 C.F.R. § 79.2(b)(1)(i).
347 U.S.C. § 154(i).
447 C.R.R. §§ 0.111, 0.311.
547 U.S.C. § 713; 47 C.F.R. § 79.2(b)(i).
647 C.F.R. § 79.2(b)(i).