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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
)
)
In the Matter of )
Wilson Broadcasting, Inc. )
Licensee of WJJN-FM ) FRN: 0004333019
Columbia, Alabama ) File Number: EB-07-AT-015
Facility ID # 30280 ) NAL/Acct. No.: 200732480006
Licensee of WAGF (AM) ) File Number: EB-07-AT-013
Dothan, Alabama ) NAL/Acct. No.: 200732480004
Facility ID # 30278 ) File Number: EB-07-AT-014
Licensee of WAGF-FM ) NAL/Acct. No.: 200732480005
Dothan, Alabama )
Facility ID # 30279 )
)
)
)
)
ORDER
Adopted: May 12, 2008 Released: May 14, 2008
By the Associate Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau ("Bureau") and Wilson Broadcasting,
Inc. ("Wilson"), licensee of station WJJN-FM, in Columbia, Alabama and
stations WAGF (AM) and WAGF-FM in Dothan, Alabama (the "Three
Stations"). The Consent Decree terminates an investigation and Notice
of Apparent Liability for Forfeiture ("NAL") by the Bureau against
Wilson for possible violations of Section 73.3526 of the Commission's
Rules ("Rules") regarding public inspection file requirements.
2. The Bureau and Wilson have negotiated the terms of the Consent Decree
that resolve this matter. A copy of the Consent Decree is attached
hereto and incorporated by reference.
3. After reviewing the terms of the Consent Decree and evaluating the
facts before us, we find that the public interest would be served by
adopting the Consent Decree and terminating the investigation.
4. 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 Wilson possesses the basic
qualifications, including those related to character, to hold or
obtain any Commission license or authorization.
5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) and 503(b)
of the Communications Act of 1934, as amended, the Consent Decree
attached to this Order IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned investigation IS
TERMINATED.
7. IT IS FURTHER ORDERED that Wilson Broadcasting, Inc. shall make its
voluntary contribution to the United States Treasury, as specified in
the Consent Decree, by check or similar instrument, payable to the
order of the Federal Communications Commission. The payment will be
made within thirty calendar days after the Effective Date of the
Adopting Order. The payment must include the NAL/Account Number and
FRN Number referenced above. Payment by check or money order may be
mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000. Payment by overnight mail may be sent to U.S.
Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza,
St. Louis, MO 63101. Payment[s] by wire transfer may be made to ABA
Number 021030004, receiving bank TREAS/NYC, and account number
27000001. For payment by credit card, an FCC Form 159 (Remittance
Advice) must be submitted. When completing the FCC Form 159, enter
the NAL/Account number in block number 23A (call sign/other ID), and
enter the letters "FORF" in block number 24A (payment type code).
Requests for full payment under an installment plan should be sent
to: Chief Financial Officer -- Financial Operations, 445 12th Street,
S.W., Room 1-A625, Washington, D.C. 20554. Please contact the
Financial Operations Group Help Desk at 1-877-480-3201 or Email:
ARINQUIRIES@fcc.gov with any questions regarding payment procedures.
8. IT IS FURTHER ORDERED that within 90 of days of the adoption of this
Consent Decree, Wilson Broadcasting, Inc. will provide the Bureau with
a written report on actions it has taken subsequent to the effective
date of this Order to confirm the Company is in compliance with the
rules and regulations referenced herein and resolved through the
adoption of this Consent Decree.
9. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
shall be sent by first class mail and certified mail, return receipt
requested, to Wilson Broadcasting, Inc. at its address of record and
to its counsel, Dan J. Alpert, 2120 North 21st Road, Arlington, VA
22201.
FEDERAL COMMUNICATIONS COMMISSION
George R. Dillon
Associate Chief, Enforcement Bureau
CONSENT DECREE
The Enforcement Bureau ("Bureau") and Wilson Broadcasting, Inc.
("Wilson"), licensee of station WJJN-FM, in Columbia, Alabama and stations
WAGF (AM) and WAGF-FM in Dothan, Alabama (the "Three Stations"), by their
authorized representatives, hereby enter into this Consent Decree for the
purpose of terminating the Bureau's investigation into whether Wilson
violated Section 73.3526 of the Commission's Rules ("Rules").
I. DEFINITIONS
1. 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.
S: 151 et seq.
b. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission.
c. "Commission" and "FCC" mean the Federal Communications Commission and
all of its bureaus and offices.
d. "Compliance Plan" means the Company-wide program described in this
Consent Decree.
e. "Effective Date" means the date on which the Commission releases the
Adopting Order.
f. "Forfeiture Order" means the Forfeiture Order issued to Wilson and
released on April 23, 2007.
g. "Investigation" means the investigation commenced by the Bureau with
its inspection of the Three Stations on January 23, 2007 regarding
possible violations of Section 73.3526 of the Rules.
h. "Wilson" means Wilson Broadcasting, Inc. and its
predecessors-in-interest and successors-in-interest.
i. "MO&O" means the Memorandum Opinion and Order issued to Wilson and
released on August 20, 2007.
j. "NALs" means the Notices of Apparent Liability for Forfeiture issued
to Wilson on February 13, 2007.
k. "Order" or "Adopting Order" means an Order of the Commission adopting
the terms of this Consent Decree without change, addition, deletion,
or modification.
l. "Parties" means Wilson and the Commission.
m. "Rules" means the Commission's regulations found in Title 47 of the
Federal Regulations.
II. BACKGROUND
2. Pursuant to Section 73.3526(e) of the Rules, commercial broadcast
stations are required to maintain for public inspection, a file
containing materials listed in that section. Section 73.3526(e)(12) of
the Rules requires licensees to place in the public inspection file,
for each calendar quarter, a list of the programs that have provided
the station's most significant treatment of community issues during
the preceding three month period ("Issues/Programs Lists").
3. On February 13, 2007, the Commission's Atlanta Office of the
Enforcement Bureau issued three NALs each in the amount of $4,000 to
Wilson. Wilson filed a consolidated response to the NALs, but the
Bureau found no basis upon which to reduce the proposed forfeiture and
issued the Forfeiture Order. Wilson filed a petition for
reconsideration of the Forfeiture Order. On August 20, 2007, the
Bureau released the MO&O denying Wilson's petition for
reconsideration. Wilson filed an application for review of the MO&O,
requesting that the forfeiture be cancelled or reduced.
III. TERMS OF AGREEMENT
4. Adopting Order. 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 the Adopting Order
without change, addition, modification, or deletion.
5. In consideration for the termination of said investigation, Wilson
withdraws its application for review of the MO&O.
6. Jurisdiction. Wilson agrees that the Bureau has jurisdiction over it
and the matters contained in this Consent Decree and has the authority
to enter into and adopt this Consent Decree.
7. Effective Date: Violations. The Parties agree that this Consent Decree
shall become effective on the date on which the FCC releases the
Adopting Order. Upon release, the Adopting Order and this Consent
Decree shall have the same force and effect as any other order of the
Commission. Any violation of the Adopting Order or 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 Commission order.
8. Termination of Investigation. In express reliance on the covenants and
representations in this Consent Decree and to avoid further
expenditure of public resources, the Bureau agrees to terminate its
investigation and to cancel its NAL. In consideration for the
termination of said investigation, Wilson agrees to the terms,
conditions, and procedures contained herein. The Bureau further agrees
that in the absence of new material evidence, the Bureau 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 Wilson concerning the
matters that were the subject of the investigation. The Bureau 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
Wilson with respect to Wilson's basic qualifications, including its
character qualifications, to be a Commission licensee.
9. Compliance Plan. For purposes of settling the matters set forth
herein, Wilson agrees to maintain a Compliance Plan related to future
compliance with the Act, the Commission's rules, and the Commission's
orders. Wilson will ensure that it will compile and maintain complete
public inspection files for the Three Stations, including all required
Issues/Programs Lists.
10. Compliance Reports. Wilson will file compliance reports with the
Commission ninety days after the Effective Date, twelve months after
the Effective Date, and twenty-four month after the Effective Date.
Each compliance report shall include a compliance certificate from an
officer, as an agent of Wilson, stating that the officer has personal
knowledge that Wilson has established operating procedures intended to
ensure compliance with this Consent Decree, together with an
accompanying statement explaining the basis for the officer's
compliance certification. All compliance reports shall be submitted
to George Dillon, Associate Chief, Enforcement Bureau, Federal
Communications Commission, 445 12th Street, S.W., Washington, D.C.
20554.
11. Voluntary Contribution. Wilson agrees that it will make a voluntary
contribution to the United States Treasury in the amount of six
thousand five hundred dollars. Wilson shall make its voluntary
contribution to the United States Treasury, by check or similar
instrument, payable to the order of the Federal Communications
Commission. The payment must include the NAL/Account Number and FRN
Number referenced above. Payment by check or money order may be mailed
to Federal Communications Commission, P.O. Box 979088, St. Louis, MO
63197-9000. Payment by overnight mail may be sent to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101. Payment by wire transfer may be made to ABA Number
021030004, receiving bank TREAS/NYC, and account number 27000001. For
payment by credit card, an FCC Form 159 (Remittance Advice) must be
submitted. When completing the FCC Form 159, enter the NAL/Account
number in block number 23A (call sign/other ID), and enter the letters
"FORF" in block number 24A (payment type code). Requests for full
payment under an installment plan should be sent to: Chief Financial
Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625,
Washington, D.C. 20554. Please contact the Financial Operations
Group Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with
any questions regarding payment procedures.
12. Waivers. Wilson 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 the Commission
issues an Order adopting the Consent Decree without change, addition,
modification, or deletion. Wilson shall retain the right to challenge
Commission interpretation of the Consent Decree or any terms contained
herein. If either Party (or the United States on behalf of the
Commission) brings a judicial action to enforce the terms of the
Adopting Order, neither Wilson nor the Commission shall contest the
validity of the Consent Decree or the Adopting Order, and Wilson shall
waive any statutory right to a trial de novo. Wilson hereby agrees to
waive any claims 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.
13. Invalidation. 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.
14. Severability. The Parties agree that if any of the provisions of the
Adopting Order or the Consent Decree shall be invalid or
unenforceable, such invalidity or unenforceability shall not
invalidate or render unenforceable the entire Adopting Order or
Consent Decree, but rather the entire Adopting Order or Consent Decree
shall be construed as if not containing the particular invalid or
unenforceable provision or provisions, and the rights and obligations
of the Parties shall be construed and enforced accordingly.
15. Subsequent Rule or Order. The Parties 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 Wilson does not expressly
consent) that provision will be superseded by such Commission rule or
order.
16. Successors and Assigns. Wilson agrees that the provisions of this
Consent Decree shall be binding on its successors and assigns.
17. Final Settlement. The Parties agree and acknowledge that this Consent
Decree shall constitute a final settlement between the Parties. The
Parties further agree that this Consent Decree does not constitute
either an adjudication on the merits or a factual or legal finding or
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, Wilson does not admit or
deny noncompliance, violation or liability for violating the Act or
the Rules in connection with the matters that are the subject of this
Consent Decree.
18. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
19. Paragraph Headings. The headings of the Paragraphs in this Consent
Decree are inserted for convenience only and are not intended to
affect the meaning or interpretation of this Consent Decree.
20. Termination Date. Unless stated otherwise, the requirements of this
Consent Decree will expire May 14, 2010.
21. Authorized Representative. Each party represents and warrants to the
other that it has full power and authority to enter into this Consent
Decree.
22. Counterparts. This Consent Decree may be signed in any number of
counterparts (including by facsimile), each of which, when executed
and delivered, shall be an original, and all of which counterparts
together shall constitute one and the same fully executed instrument.
________________________________
George R. Dillon
Associate Chief
Enforcement Bureau
________________________________
Date
________________________________
James Wilson, III.
President
Wilson Broadcasting, Inc.
________________________________
Date
47 C.F.R. S: 73.3526.
47 U.S.C. S:S: 154(i), 503(b).
Wilson Broadcasting, Inc., Forfeiture Order, 22 FCC Rcd 7438 (Enf. Bur.
South Central Region, 2007) ("Forfeiture Order").
47 C.F.R. S: 73.3526.
Wilson Broadcasting, Inc., Memorandum Opinion and Order, 22 FCC Rcd 15963
(Enf. Bur. 2007) ("Memorandum Opinion and Order").
Notices of Apparent Liability for Forfeiture, NAL/Acct. No. 200732480004,
200732480005, and 200732480006 (Enf. Bur., Atlanta Office, February 13,
2007) ("NALs").
47 C.F.R. S: 73.3526(e).
47 C.F.R. S: 73.3526(e).
47 C.F.R. S: 73.3526(e)(12).
47 C.F.R. S: 73.3526(e)(12).
Federal Communications Commission DA 08-1110
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Federal Communications Commission DA 08-1110