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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
Venture Technologies Group, LLC ) NAL/Acct. No. 200732080024
Former Licensee of Deleted Low Power ) File No. EB-06-IH-2305
Television Stations K53IB and K59IB, ) FRN No. 0003768876
Bakersfield, California )
)
Order
Adopted: April 11, 2007 Released: April 13, 2007
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau ("Bureau") and Venture Technologies
Group, LLC ("VTG"). The Consent Decree terminates an investigation by
the Bureau concerning (1) VTG's possible false certifications and
violations of the requirements of Sections 1.65 of the Commission's
rules in connection with its applications for licenses to cover the
construction permits for the above-captioned deleted low power
television stations, and (2) possible violations of Section 74.763(b)
of the Commission's rules in connection with the operation of those
stations.
2. The Bureau and VTG have negotiated the terms of the Consent Decree
that resolves this matter. A copy of the Consent Decree is attached
hereto and incorporated by reference.
3. Based upon the record before us, and in the absence of material new
evidence relating to this matter, we conclude that there are no
substantial and material questions of fact as to whether VTG possesses
the basic qualifications, including those related to character, to
hold or obtain any Commission license or authorization.
4. After reviewing the terms of the Consent Decree, we find that the
public interest will be served by adopting the Consent Decree and
terminating the investigation.
5. Accordingly, IT IS ORDERED that, 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, the attached
Consent Decree IS ADOPTED.
6. IT IS FURTHER ORDERED that the complaint received by, or in the
possession of, the Bureau on or around May 30, 2006, alleging false
certifications in VTG's applications for licenses to cover the
construction permits for the above-captioned deleted low power
television stations and violations of the Commission's rules requiring
VTG to notify the Commission that the stations had discontinued
operations and to request special temporary authority to operate at
variance from the stations' licenses IS DISMISSED.
7. IT IS FURTHER ORDERED that the above-captioned investigation IS
TERMINATED.
8. IT IS FURTHER ORDERED that copies of this Order shall be sent by
regular first class mail and by certified mail, return receipt
requested, to Venture Technologies Group, LLC, 5670 Wilshire
Boulevard, Suite 1300, Los Angeles, California 90036 and to its
counsel, Richard J. Bodorff, Esquire and Gregory L. Masters, Esquire,
Wiley Rein, 1776 K Street, N.W., Washington, D.C. 20006.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of
)
Venture Technologies Group, LLC
) NAL/Acct. No. 200732080024
Former Licensee of Deleted Low Power
) File No. EB-06-IH-2305
Television Stations DK53IB and
DK59IB, ) FRN No. 0003768876
Bakersfield, California )
)
)
CONSENT DECREE
Adopted: April 11, 2007 Released: April 13, 2007
By the Chief, Enforcement Bureau:
I. INTRODUCTION
1. The Enforcement Bureau of the Federal Communications Commission and
Venture Technologies Group, LLC, by their authorized representatives,
hereby enter into this Consent Decree.
II. DEFINITIONS
9. For purposes of this Consent Decree, the following conditions shall
apply:
a. "VTG" means Venture Technologies Group, LLC;
b. "Non-Related Company" means a company or organization in which neither
Venture nor its principals, individually or collectively, are an officer,
director, partner, member, manager, or holder (directly or indirectly) of
an ownership interest;
c. "Construction Permits" mean the Application for Authority to Construct
a Low Power TV Station, File No. BMPTTL-20060330ALE and the Application
for Authority to Construct a Low Power TV Station, File No.
BMPTTL-20060330ALM;
d. "License Applications" mean the Application for a Low Power TV Station
License for K53IB, File No. BLTTL-20060420ACZ and the Application for a
Low Power TV Station License for K59IB, File No. BLTTL-20060420ACY;
e. "Stations" mean DK53IB and DK59IB, Bakersfield, California;
f. "Commission" and "FCC" mean the Federal Communications Commission, and
all of its bureaus and offices;
g. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission;
h. "Parties" mean the Bureau and VTG;
i. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S 151
et seq.;
j. "Rules" mean the Commission's regulations set forth in Title 47 of the
Code of Federal Regulations;
k. "Adopting Order" means an order of the Bureau adopting this Consent
Decree;
l. "Effective Date" means the date on which the Adopting Order is
released;
m. "Investigation" means the investigation commenced by the Bureau's
November 6, 2006 Letter of Inquiry regarding whether VTG had made false
certifications in its responses to questions on the License Applications,
had failed to amend the License Applications to report substantial and
significant changes in the information furnished therein, in violation of
Section 1.65 of the Rules, and/or had failed to notify the Commission of
the discontinuation of the Stations' operations, in violation of Section
74.763(b) of the Rules.
III. BACKGROUND
10. The Video Division, Media Bureau granted the License Applications for
the Stations on May 26, 2006. On or about May 30, 2006, the Commission
received a complaint alleging that VTG had not constructed the
facilities for the Stations as certified in the License Applications
and that VTG had failed to notify the Commission of the
discontinuation of the Stations' operations and to request special
temporary authority to operate at variance from the terms of the
Stations' licenses.
11. Following a Bureau inspection of the transmitter site on June 13,
2006, which revealed that the Stations' facilities were not at the
authorized site and were not operating, the Video Division issued a
letter dated June 20, 2006 which rescinded the grant of the License
Applications and dismissed them. In addition, the Construction
Permits, which had expired on April 22, 2006, were canceled.
Subsequently, on June 20, 2006, VTG submitted statements and evidence
that the Stations had been constructed and were operating in
accordance with the Construction Permits at the time that VTG
certified and filed the License Applications on April 20, 2006. VTG
acknowledges that its transmitter and antennas were not installed at
the authorized location on June 13, 2006. VTG did not challenge either
the rescission of the grants of the License Applications or the
cancellation of the Construction Permits. The License Applications and
Construction Permits will not be reinstated.
12. On November 6, 2006, the Bureau issued a letter of inquiry to VTG. The
November 6, 2006 LOI directed VTG, among other things, to submit a
sworn written response to a series of questions relating to the
construction and operation of the Stations prior to and after the time
that it had filed the License Applications and the License
Applications were granted. VTG responded to the November 6, 2006 LOI
on December 6, 2006. The Bureau has reviewed VTG's response to the
LOI, which offers credible evidence that VTG did not make false
certifications in the License Applications. VTG has submitted
documentation demonstrating that the stations were constructed and
operating at the time that it filed the License Applications. VTG's
response to the LOI, however, also indicates that it failed to comply
with Sections 1.65 and 74.763(b) of the Commission's rules as a result
of not notifying the Commission that the stations had ceased
operation.
13. VTG and the Bureau acknowledge that any proceeding that might result
from the Investigation will require the significant expenditure of
public and private resources. In order to conserve such resources and
to promote compliance by VTG with the Act and the Rules, the Parties
hereby enter into this Consent Decree in consideration of the mutual
commitments made herein.
IV. AGREEMENT
14. VTG agrees that the Bureau, by delegated authority of the Commission,
has jurisdiction over the matters contained in the Consent Decree and
the authority to enter into and adopt the Consent Decree.
15. VTG agrees to be legally bound by the terms and conditions of this
Consent Decree. VTG represents and warrants that its signatory is duly
authorized to enter into this Consent Decree on its behalf.
16. The Parties agree that this Consent Decree will become effective on
the Effective Date. Upon the Effective Date, the Adopting Order and
this Consent Decree will have the same force and effect as any other
order of the Bureau and any violation of the terms of this Consent
Decree will constitute a separate violation of a Bureau order,
entitling the Bureau to subject VTG to enforcement action for such
violation.
17. The Parties agree that the provisions of this Consent Decree shall be
subject to final approval by the Bureau, through entry of the Order,
which shall immediately resolve and terminate the Investigation.
18. The Parties agree that this Consent Decree does not constitute either
an adjudication on the merits or a factual or legal finding or other
determination regarding any compliance or noncompliance with the
requirements of the Act or the Commission's Rules and orders. The
Parties agree that this Consent Decree is for settlement purposes only
and that, by agreeing to this Consent Decree, VTG does not admit or
deny liability for violating any statute, regulation, or
administrative rule in connection with matters that are the subject of
this Consent Decree.
19. VTG agrees that it will make a voluntary contribution to the United
States Treasury in the amount of Ten Thousand Dollars ($10,000) within
ten (10) calendar days of the Effective Date. Such payment must be
made without further protest or recourse, by check or similar
instrument, payable to the order of the Federal Communications
Commission. Such payment must include the NAL/Acct. No. and FRN No.
referenced in the Adopting Order. Such payment by check or money order
may be mailed to the Federal Communications Commission, P.O. Box
358340, Pittsburgh, PA 15251-8340. Such payment by overnight mail may
be sent to Mellon Bank/LB 358340, 500 Ross Street, Room Number
1540670, Pittsburgh, PA 15251. Such payment by wire transfer may be
made to ABA Routing Number 043000261, receiving bank Mellon Bank, and
account number 9116229.
20. As a further condition to this agreement, VTG will institute and
follow the terms of a Compliance Plan within thirty (30) calendar days
of the Effective Date and keep such Compliance Plan in effect, where
applicable, for two (2) years after the Effective Date. The Compliance
Plan will include, at a minimum, the following components:
a. VTG has designated a Director of Engineering who is responsible for the
supervision of all technical aspects relating to the construction and
operation of VTG's stations.
b. The Director of Engineering will create a manual of construction and
operating practices to guide VTG technical staff.
c. The Director of Engineering will conduct training sessions on VTG's
manual of construction and operating practices annually.
d. VTG has established a multi-level review system for the filing of any
FCC license application. VTG's Chairman, or another company officer, must
review and sign the legal section of the application. The Director of
Engineering, or his designee, must then review and act as signatory on the
engineering section of all license applications. A license application
will not be filed with the Commission until the Director of Engineering
gives his approval to the engineering section.
e. VTG has created a system to track upcoming construction and filing
deadlines. Reminders are generated twelve (12) months, six (6) months,
three (3) months, and two (2) weeks prior to deadlines. These reminders
are sent to the Director of Engineering and to the Chairman of VTG.
21. In consideration of the terms and conditions set forth herein, the
Bureau agrees to terminate its Investigation. The Bureau agrees that
it will not use the facts developed in this Investigation through the
Effective Date of the Consent Decree, or the existence of this Consent
Decree to institute, on its own motion, any new proceeding, formal or
informal, or take any action on its own motion against VTG concerning
the matters that were the subject of the Investigation. The Commission
also agrees that it will not use the facts developed in this
Investigation through the Effective Date of this Consent Decree, or
the existence of this Consent Decree, to institute on its own motion
any proceeding, formal or informal, or take any action on its own
motion against VTG with respect to basic qualifications, including its
character qualifications, to be a Commission licensee.
22. VTG agrees that any violation of this Consent Decree, including but
not limited to a failure to make any of the payments required by
Paragraph 12 hereof, will constitute a separate violation of a
Commission order and subject each to appropriate administrative
sanctions.
23. This Consent Decree will be binding on VTG's transferees, successors
and assigns, provided that in the event of an assignment or transfer
to a Non-Related Company, only the obligations of Paragraph 12 will be
binding on the assignee or transferee.
24. VTG 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 that the Commission issues an
Order adopting the Consent Decree without change, addition,
modification or deletion. VTG shall retain the right to challenge
Commission interpretation of the Consent Decree or any terms contained
herein.
25. VTG's decision to enter into this Consent Decree is expressly
contingent upon the Commission's issuance of an Order that is
consistent with the Consent Decree, and which adopts the Consent
Decree without change, addition, modification, or deletion.
26. 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.
27. VTG and the Bureau each agrees that if VTG, the Commission, or the
United States on behalf of the Commission, brings a judicial action to
enforce the terms of the Adopting Order, neither VTG nor the
Commission shall contest the validity of the Consent Decree or Order,
and VTG shall waive any statutory right to a trial de novo.
28. The Parties also agree that if any provision of the 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 VTG does not expressly consent) that provision
will be superseded by such Commission rule or order.
29. VTG hereby agrees to waive any claims that it may otherwise have under
the Equal Access to Justice Act, 5 U.S.C. S 504 and 47 C.F.R. S 1.1501
et seq., relating to the matters addressed in this Consent Decree.
30. 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.
FEDERAL COMMUNICATIONS COMMISSION
______________________________
By: Kris Anne Monteith
Chief, Enforcement Bureau
Date: _____________________
VENTURE TECHNOLOGIES GROUP, LLC
______________________________
By: Lawrence H. Rogow
Chairman
Date: _________________________
See 47 C.F.R. S 1.65.
See 47 C.F.R. S 74.763(b).
See 47 U.S.C. S 154(i).
See 47 C.F.R. SS 0.111, 0.311.
See Letter from Benigno E. Bartolome, Deputy Chief, Investigations and
Hearings Division, Enforcement Bureau, to Venture Technologies Group, LLC,
dated November 6, 2006.
See id.
See 47 C.F.R. SS 1.65 and 74.763(b).
(Continued from previous page)
(continued....)
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