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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of ) File No. EB-06-SE-324
Cooperative Light & Power Association ) NAL/Acct. No. 200732100024
Two Harbors, Minnesota ) FRN: 0002653921
)
ORDER
Adopted: January 8, 2008 Released: January 9, 2008
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau ("Bureau") of the Federal
Communications Commission ("FCC" or "Commission") and Cooperative
Light & Power Association ("CLP"). The Consent Decree terminates the
Bureau's enforcement proceeding relating to CLP's compliance with
Section 301 of the Communications Act of 1934, as amended ("Act"), and
Sections 1.903 and 1.949(a) of the Commission's Rules ("Rules").
2. The Bureau and CLP have negotiated the terms of a Consent Decree that
would resolve these matters and terminate the enforcement proceeding.
A copy of the Consent Decree is attached hereto and incorporated by
reference.
3. Based on the record before us, we conclude that no substantial or
material questions of fact exist with respect to this matter as to
whether CLP possesses the basic qualifications, including those
related to character, to hold or obtain any FCC license or
authorization.
4. 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 enforcement proceeding.
5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 503(b) of
the Act, and the authority delegated by Sections 0.111 and 0.311 of
Rules, the Consent Decree attached to this Order IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned enforcement proceeding
IS TERMINATED.
7. IT IS FURTHER ORDERED that CLP shall make its voluntary contribution
to the United States Treasury, as specified in the Consent Decree, by
credit card through the Commission's Debt
and Credit Management Center at (202) 418-1995, or by mailing a check or
similar instrument, payable to the order of the Federal Communications
Commission, to the Federal Communications Commission, P.O. Box 358340,
Pittsburgh, PA 15251-8340. Payment by overnight mail may be sent to
Mellon Bank/LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
15251. Payment by wire transfer may be made to ABA Number 043000261,
receiving bank Mellon Bank, and account number 911-6106. The payment
should reference NAL/Acct. No. 200732100024 and FRN # 0002653921.
8. 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 Steve Wattnem, General Manager, Cooperative Light &
Power Association, Two Harbors, Minnesota 55616 and Counsel Richard D.
Rubino, Esq., Counsel for Cooperative Light & Power, Blooston,
Mordkofsky, Dickens, Duffy & Prendergast, LLP, 2120 L Street, NW,
Suite 300, Washington, DC 20037.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
CONSENT DECREE
I. Introduction
1. This Consent Decree is entered into by the Enforcement Bureau
("Bureau") of the Federal Communications Commission ("FCC" or
"Commission") and Cooperative Light & Power Association ("CLP") for
the purpose of terminating an enforcement proceeding relating to CLP's
compliance with Section 301 of the Communications Act of 1934, as
amended, ("Act"), and Sections 1.903 and 1.949(a) of the Commission's
Rules ("Rules"), regarding its failure to file timely renewal
applications for Private Land Mobile Radio Service ("PLMRS") stations
and the operation of the stations without authorization after
expiration of its licenses.
II. Definitions
2. For purposes of this Consent Decree, the following definitions shall
apply:
a. "Act" means the Communications Act of 1934, as amended, Title 47 of
the United States Code.
b. "Adopting Order" means an order of the Bureau adopting the terms and
conditions of this Consent Decree.
c. "Bureau" means the Commission's Enforcement Bureau.
d. "CLP" means Cooperative Light & Power Association, its subsidiaries,
affiliates and any successors or assigns.
e. "Commission" or "FCC" means the Federal Communications Commission.
f. "Effective Date" means the date the Adopting Order is released by the
Bureau.
g. "Enforcement Proceeding" means the investigation of the alleged Rule
violations by CLP culminating in the Notice of Apparent Liability for
Forfeiture.
h. "Licenses" means Private Land Mobile Radio Service stations WYU920,
WYU921, WFK224 and KA40187.
i. "Notice of Apparent Liability for Forfeiture" or "NAL" means
Cooperative Light & Power Association, Notice of Apparent Liability
for Forfeiture, 22 FCC Rcd 6710 (Enf. Bur., Spectrum Enf. Div., 2007).
j. "Parties" means CLP and the Bureau.
k. "PLMRS" means Private Land Mobile Radio Service.
l. "Radio Facilities" means the facilities authorized under the Licenses.
m. "Rules" means the Commission's Rules found in Title 47 of the Code of
Federal Regulations.
III. Background
3. CLP is a Minnesota-based rural electric cooperative.
4. On July 17, 2004, CLP's licenses for Private Land Mobile Radio Service
stations WYU920, WYU921, WFK224 and KA40187 expired. On October 16,
2006, CLP filed a request with the FCC's Wireless Telecommunications
Bureau ("WTB") for Special Temporary Authority ("STA") to continue
operation of the radio facilities previously authorized under the
licenses for stations WYU920, WYU921, WFK224 and KA40187. The WTB
granted CLP an STA effective July 11, 2006 under call sign WQFG667
without prejudice to any enforcement action related to the
unauthorized operations. Permanent authority was granted effective
October 30, 2006 under call sign WQFX519. On April 5, 2007, the
Enforcement Bureau's Spectrum Enforcement Division issued a Notice of
Apparent Liability for Forfeiture proposing a $20,800 forfeiture
against CLP.
IV. Terms of Agreement
5. 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.
6. The Parties agree that this Consent Decree shall become binding on the
Parties on the Effective Date. Upon release, the Adopting Order and
this Consent Decree shall have the same force and effect as any other
final order of the Commission and any violation of the terms or
conditions of this Consent Decree shall constitute a violation of a
Commission order.
7. The Parties agree that this Consent Decree shall constitute a final
settlement between CLP and the Bureau regarding the matters that were
the subject of the Enforcement Proceeding.
8. The Parties agree that this Consent Decree shall not constitute an
adjudication on the merits or a factual or legal determination
regarding any compliance or noncompliance with the Act or the Rules.
The Parties further agree that this Consent Decree is for settlement
purposes only and that by agreeing to this Consent Decree, CLP does
not admit or deny any noncompliance, violation, or liability
associated with or arising from its acts or omissions involving the
Act or the Rules that are the subject of this Consent Decree.
9. CLP agrees to make a voluntary contribution to the United States
Treasury in the amount of sixteen thousand dollars ($16,000) within 30
calendar days after the Effective Date. Payment shall be made without
further protest or recourse, by credit card through the Commission's
Debt and Credit Management Center at (202) 418-1995, or by mailing a
check or similar instrument, payable to the order of the Federal
Communications Commission, to the Federal Communications Commission,
P.O. Box 358340, Pittsburgh, PA 15251-8340. Payment by overnight mail
may be sent to Mellon Bank/LB 358340, 500 Ross Street, Room 1540670,
Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA
Number ABA Number 043000261, receiving bank Mellon Bank, and account
number 911-6106.
10. CLP agrees to implement a Compliance Program to ensure compliance with
the Communications Act and the Commission's rules and regulations. A
summary of the Compliance Program is attached to this Consent Decree
as Attachment A.
11. Within thirty days after the Effective Date of the Adopting Order, CLP
will submit a statement from an officer of CLP certifying that CLP has
implemented the Compliance Program. The compliance statement shall be
submitted to Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission, 445 12th
Street, S.W., Washington, D.C. 20554.
12. In reliance upon the representations contained herein, and to avoid
further expenditure of scarce public resources, the Bureau agrees to
terminate the Enforcement Proceeding.
13. In consideration for the termination by the Bureau of the Enforcement
Proceeding and in accordance with the terms of this Consent Decree,
CLP agrees to the terms, conditions and procedures contained herein.
14. The Bureau agrees that, in the absence of new material evidence, it
will not entertain, or institute on its own motion, any new
proceeding, formal or informal, or take any action on its own motion
against CLP for any alleged violations of the Act or the Commission's
Rules regarding the matters which were the subject of the Enforcement
Proceeding. The Bureau also agrees that, in the absence of new
material evidence, it will not initiate or recommend to the Commission
any new proceeding, formal or informal, against CLP regarding the
matters that were the subject of the Enforcement Proceeding. The
Bureau further agrees that, in the absence of new material evidence,
it will not use the facts developed in the Enforcement Proceeding
through the Effective Date to initiate on its own motion, or recommend
to the Commission, any proceeding, formal or informal, or take any
action on its own motion against CLP with respect to CLP's basic
qualifications to hold Commission licenses or authorizations. Nothing
in this Consent Decree shall prevent the Commission from instituting
investigations or enforcement proceedings against CLP in the event of
any other alleged misconduct that violates this Consent Decree or that
violates any provision of the Act or the Rules.
15. The Parties agree that each is required to comply with each individual
condition of this Consent Decree. Each specific condition is a
separate condition of the Consent Decree as approved. To the extent
that CLP fails to satisfy any condition, in the absence of Commission
alteration of the condition, it will be deemed noncompliant and may be
subject to possible future enforcement action with respect to such
failure to satisfy the condition.
16. CLP acknowledges that the Bureau has jurisdiction over it and the
matters contained in this Consent Decree and the authority to enter
into and adopt this Consent Decree.
17. CLP 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
Adopting Order, provided that the Adopting Order adopts the Consent
Decree without change, addition or modification.
18. The Parties agree that the effectiveness of this Consent Decree is
expressly contingent upon the issuance of the Adopting Order, provided
the Adopting Order adopts the Consent Decree without change, addition
or modification.
19. The Parties agree that if any court of competent jurisdiction renders
this Consent Decree invalid, it shall become null and void and may not
be used in any manner in any legal proceeding.
20. The Parties agree that 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 CLP nor the Commission shall contest the
validity of the Consent Decree or the Adopting Order and CLP and the
Commission shall waive any statutory right to a trial de novo with
respect to any matter upon which the Adopting Order is based, and
shall consent to a judgment incorporating the terms of the Consent
Decree.
21. CLP agrees to waive any claims it may otherwise have under the Equal
Access to Justice Act, Title 5 U.S.C. S:504 and 47 C.F.R. S:1.1501 et.
seq. relating to matters discussed in this Consent Decree.
22. The Parties agree that the terms and conditions of this Consent Decree
shall remain in effect for a period of twenty-four (24) months from
the Effective Date.
23. This Consent Decree cannot be modified without the advance written
consent of both Parties.
24. This Consent Decree may be signed in counterparts.
For the Enforcement Bureau:
By: _____________________ ____________
Kris Anne Monteith Date
Bureau Chief
For Cooperative Light & Power Association:
By: _____________________ ____________
Steve Wattnem Date
General Manager
Attachment A
Summary of Section 301 Compliance Program
of
Cooperative Light & Power Association
To assure compliance with Section 301 of the Communications Act of 1934,
as amended and the Federal Communications Commission ("FCC") rules and
regulations, the Cooperative Light & Power Association ("CLP" or the
"Company") Compliance and Education Program (the "Program") will be
established. The Program will be administered by the Legal Department of
CLP in consultation with outside counsel.
Program operations will be described in a compliance manual addressing
four areas: database, education, review and monitoring, and compliance
oversight by the General Manager for Cooperative Light & Power
Association.
Database: With the assistance of outside telecommunications counsel, CLP
shall develop and maintain information about the Company's
telecommunications licenses and other telecommunications information. This
information may be maintained in the form of an electronic database or in
a manual facilities listing that is periodically updated. This information
shall be made available to the Company's personnel who are responsible for
maintaining the telecommunications licenses. The Company, either directly
or through its outside telecommunications counsel, shall maintain a
tickler listing to prompt the timely filing of license renewal
applications. The Company will establish the database within 30 days of
the Consent Decree's Effective Date.
Education: With the assistance of outside telecommunications counsel, the
Company shall develop an education program for the Company's managers and
other parties responsible for the purchase, acquisition, and sale of radio
equipment as well as entities and other properties which may include
telecommunications assets. The Company will implement the education
program within thirty (30) days of the Consent Decree's Effective Date.
The education program will emphasize the need to make timely application
for FCC new radio facilities, modifications to existing radio facilities,
renewal of radio licenses and to the extent ownership changes may occur,
applications for prior consent to changes in ownership or control of
telecommunications licenses. The Program will be supplemented by memoranda
and other information updates provided by outside telecommunications
counsel on a periodic basis, which are designed to keep the Company
informed of FCC policy and regulatory compliance requirements.
Review and Monitoring: The General Manager for the Cooperative Light &
Power Association will review the Program annually in order to ensure that
it is maintained in a proper manner and continues to address the
objectives set forth herein.
47 U.S.C. S: 301.
47 U.S.C. S: 1.903 and 1.949(a).
47 U.S.C. S:S: 154(i) and 503(b).
47 U.S.C. S: 154(i); 47 C.F.R. S:S: 0.111, 0.311.
47 U.S.C. S: 301.
47 C.F.R. S:S: 1.903 and 1.949(a).
(Continued from previous page)
(continued....)
Federal Communications Commission DA 08-24
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Federal Communications Commission DA 08-24