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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No. EB-05-IH-0986
CSSI Non-Profit Educational Broadcasting ) Acct. No.
) FRN 0007682313
Licensee of Noncommercial Educational
Stations KSQX(FM), Springtown, Texas, ) Facility ID Nos. 62041
KMQX (FM), Weatherford, Texas, and 89176 and 62040
KYQX(FM), Weatherford, Texas )
1. This Consent Decree is entered into by the Enforcement Bureau of the
Federal Communications Commission and CSSI Non-Profit Educational
2. For the Purposes of this Consent Decree, the following definitions
a. "Stations" mean Stations KSQX(FM), Springtown, Texas (Facility ID No.
62041), KMQX(FM), Weatherford, Texas (Facility ID No. 89176), and
KYQX(FM), Weatherford, Texas (Facility ID No. 62040);
b. "CSSI" refers to CSSI Non-Profit Educational Broadcasting Corporation
and its successors and assigns;
c. "Non-Related Company" means a company or organization in which neither
CSSI nor its principals, individually or collectively, are an officer,
director, partner, member, manager or holder (directly or indirectly)
of an ownership interest.
d. "Commission" or "FCC" means the Federal Communications Commission;
e. "Bureau" means the Enforcement Bureau of the Federal Communications
f. "Act" means the Communications Act of 1934, as amended, 47 U.S.C.
Section 151 et seq.;
g. "Rules" means the Commission's regulations set forth in Title 47 of
the Code of Federal Regulations;
h. "Adopting Order" means an order of the Bureau adopting this Consent
i. "Effective Date" means the date on which the Adopting Order is
j. "Consultant" means an outside professional adviser who is expert in
underwriting regulations and issues and who is retained by the
k. "Investigation" means the investigation conducted by the Bureau
regarding compliance by CSSI with the provisions of the Act and the
Rules governing underwriting announcements by noncommercial
educational broadcast stations in connection with its operation of the
Stations during the period February through April 2005;
l. "Parties" means the Bureau and CSSI;
m. "Licenses" means all authorizations, permits and licenses issued by
the Commission in connection with the operation of the Stations;
n. "Licensee" means the holder of the Licenses;
o. "Alleged Violations" means alleged violations of Section 399(b) of the
Act and Section 73.503(d) of the Rules by CSSI, as described in this
Consent Decree; and
p. "Underwriting Laws" means Section 399B of the Communications Act of
1934, 47 U.S.C. S 399b, and Section 73.503(d) of the Commission's Rules,
47 C.F.R. S 73.503(d).
3. On or about September 6, 2005, the Bureau received a complaint
alleging that the Stations had aired prohibited underwriting
announcements during the period February through April 2005. The
complaint resulted in the commencement of an investigation by the
Bureau to determine whether certain underwriting announcements aired
over the Stations by CSSI during that period violated Section 399B of
the Act and Section 73.503(d) of the Commission's Rules (the "Alleged
Violations"), because they appeared to exceed the bounds of what is
permissible and within licensee discretion under the Act and pertinent
4. CSSI 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 CSSI with the Act and the Rules, the Parties
hereby enter into this Consent Decree in consideration of the mutual
commitments made herein.
5. CSSI agrees that the Bureau, by delegated authority of the Commission,
has jurisdiction over the matters contained in this Consent Decree,
and the authority to enter into and adopt this Consent Decree.
6. CSSI agrees to be legally bound by the terms and conditions of this
Consent Decree. CSSI represents and warrants that its signatory is
duly authorized to enter into this Consent Decree on its behalf.
7. 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 CSSI to enforcement action for such
violation, as well as enforcement action with respect to the
8. CSSI admits, solely for the purpose of this Consent Decree and for FCC
civil enforcement purposes, that the information contained in the
Complaint could establish violation(s) 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 CSSI'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 CSSI 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.
9. In consideration of the terms and conditions set forth herein, the
Bureau agrees to terminate its Investigation. From and after the
Effective Date, in the absence of material new evidence, the Bureau
agrees that it will not use the Alleged Violations in any action
against CSSI, provided that it satisfies all of its obligations under
this Consent Decree. Nothing in this Consent Decree will prevent the
Bureau from instituting or recommending to the Commission any new
investigation or enforcement proceeding against CSSI in the event of
any alleged future misconduct involving violation of this Consent
Decree, or violation of the Act or the Rules.
10. CSSI agrees that within five (5) calendar days after the Effective
Date, it will make a voluntary contribution to the United States
Treasury in the amount of Three Thousand Dollars ($3,000.00). Such
payment will be made without further protest or recourse, by check or
similar instrument, payable to the order of the Federal Communications
Commission. Such payment will include the NAL/Acct. No. and FRN No.
referenced in the Adopting Order. Such payment by check or money order
may be mailed to 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 1540670, Pittsburgh,
PA 15251. Such payment by wire transfer may be made to ABA
Number 043000261, receiving bank Mellon Bank, and account number
11. As a further condition to this agreement, CSSI will institute and
follow the terms of a Compliance Plan within thirty (30) days of the
Effective Date. The Plan will include, at a minimum, the following
a. CSSI will utilize a multi-level review procedure for underwriting
content to be aired on the Station, and all scripts of announcements will
be reviewed, prior to broadcast, for compliance with FCC underwriting
rules and regulations. In addition to review by in-house personnel, CSSI
will consult an outside consultant familiar with the Underwriting Laws
and, if there is uncertainty as to the legality of an announcement,
communications counsel shall be consulted. CSSI may contact the Commission
staff for information regarding the propriety of the wording of a
particular donor acknowledgment in the same manner as any member of the
public might seek guidance. The purpose of such contact would be
informational only and would not serve to insulate CSSI from liability and
the Commission shall not be bound by any staff comments. However, the FCC
may consider, in its sole discretion, such efforts as mitigation in the
same manner that it might consider consultant consultation in the event a
future violation of the Underwriting Laws is found.
b. CSSI will continue to conduct training on acceptable underwriting
content for all station management and staff responsible for underwriting
content. Included in that training will be information informally gathered
from the FCC staff regarding what is appropriate under the Underwriting
Laws. CSSI will include the training as a mandatory part of underwriting
sales executive training and use the training for all new station
employees involved in underwriting promptly after they commence their
duties. CSSI will provide refresher training for staff and management at
least once every twelve (12) months.
c. CSSI will educate prospective underwriting clients about appropriate
underwriting content. To that end, underwriting account executives will be
required to provide an overview of underwriting announcement guidelines to
prospective clients before contracts are accepted.
12. CSSI agrees that any violation of this Consent Decree, including but
not limited to a failure to make any of the payments required by
Paragraph 10 hereof, will constitute a separate violation of a
Commission order and subject it to appropriate administrative
13. This Consent Decree will be binding on CSSI's transferees, successors
and assigns, provided that in the event of an assignment or transfer
of the Licenses to a Non-Related Company, only the obligations of
Paragraph 10 will be binding on the assignee or transferee.
14. CSSI 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.
15. CSSI agrees to waive any claims it may otherwise have under the Equal
Access to Justice Act, 5 U.S.C. Section 504 and 47 C.F.R. Section
1.1501 et seq., relating to the matters discussed in this Consent
16. CSSI agrees that the effectiveness of this Consent Decree is expressly
contingent upon issuance of the Order, provided the Order adopts the
Consent Decree without change, addition or modification.
17. CSSI and the Bureau each agrees that if CSSI, the Commission or the
United States on behalf of the Commission, brings a judicial action to
enforce the terms of the Order adopting this Consent Decree, neither
CSSI nor the Commission will contest the validity of the Consent
Decree or Order, and CSSI 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 will
consent to a judgment incorporating the terms of this Consent Decree.
18. CSSI and the Bureau agree that in the event that this Consent Decree
is rendered invalid by any court of competent jurisdiction, it will
become null and void and may not be used in any manner in any legal
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.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith, Chief
CSSI NON-PROFIT EDUCATIONAL BROADCASTING CORPORATION
Charles H. Beard, President
See 47 U.S.C. S 399b; 47 C.F.R. S 73.503.
See XavierUniversity, Letter of Admonition, issued November 14, 1989 (Mass
Med. Bur.), recons. granted, Memorandum Opinion and Order, 5 FCC Rcd 4920
Federal Communications Commission DA 07-713