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Before the
Federal Communications Commission
Washington, D.C. 20554
)
File No. EB-08-SE-601
In the Matter of )
Acct. No. 201032100005
Marathon Petroleum Company, LLC )
FRN No. 0003012192
)
order
Adopted: January 13, 2010 Released: January 15, 2010
By the Chief, Spectrum Enforcement Division, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau ("Bureau") and Marathon Petroleum
Company, LLC ("Marathon"). The Consent Decree terminates an
investigation by the Bureau into Marathon's possible violations of
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 Marathon 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 which terminates the investigation.
4. In the absence of new material evidence relating to this matter, we
conclude that our investigation raises no substantial or material
question of fact as to whether Marathon 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) of the Act,
and sections 0.111 and 0.311 of the Rules, 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 a copy of this Order and Consent Decree
shall be sent by first class mail and certified mail, return receipt
requested, to C. Douglas Jarrett, Esq., Keller and Heckman, LLP, 1001
G Street, N.W., Washington DC 20001.
FEDERAL COMMUNICATIONS COMMISSION
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
)
) File No. EB-08-SE-601
In the Matter of
) Acct. No. 201032100005
Marathon Petroleum Company LLC
) FRN No. 0003012192
)
CONSENT DECREE
The Enforcement Bureau of the Federal Communications Commission
("Commission") and Marathon Petroleum Company LLC ("Marathon" or
"Company"), by their authorized representatives, hereby enter into this
Consent Decree for the purpose of resolving the Enforcement Bureau's
investigation of compliance by Marathon 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").
I. Definitions
8. For 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. "Adopting Order" means an Order of the Bureau adopting the terms of
this Consent Decree without change, addition, deletion, or
modification.
c. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission.
d. "Commission" and "FCC" mean the Federal Communications Commission and
all of its bureaus and offices.
e. "Compliance Plan" means the program described in this Consent Decree
at paragraph 8.
f. "Effective Date" means the date on which the Bureau releases the
Adopting Order.
g. "Investigation" means the investigation commenced by the Bureau's
March 18, 2009 Letter of Inquiry ("LOI") relating to whether Marathon
complied with Section 301 of the Act and Sections 1.903(a) and
1.949(a) of the Rules.
h. "Marathon" means Marathon Petroleum Company LLC and its
predecessors-in-interest and successors-in-interest.
i. "Parties" means Marathon and the Bureau.
j. "Rules" means the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
II. Background
9. Pursuant to Section 301 of the Act and Section 1.903(a) of the Rules,
the use or operation of any apparatus for the transmission of energy
or communications or signals by a wireless radio station is prohibited
except under, and in accordance with, a Commission authorization.
Additionally, Section 1.949(a) of the Rules requires that licensees
file renewal applications for wireless radio stations, "no later than
the expiration date of the authorization for which renewal is sought,
and no sooner than 90 days prior to expiration." Absent a timely filed
renewal application, a wireless radio station license automatically
terminates.
1. On March 18, 2009, the Bureau issued a Letter of Inquiry to
Marathon. The March 18, 2009 LOI directed Marathon, among other
things, to submit a sworn written response to a series of
questions relating to the unauthorized operation and the failure
to timely renew the license of Station WPJY 949, the land mobile
radio system at Marathon's Catlettsburg, Kentucky refinery.
Marathon responded to the March 18, 2009 LOI on May 1, 2009.
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. Jurisdiction. Marathon 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.
6. Effective Date; Violations. The Parties agree that this Consent Decree
shall become effective on the date on which the Bureau 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 Bureau. Any
violation of Adopting Order or the terms or conditions 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.
7. 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. In
consideration for the termination of said investigation, Marathon 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 Marathon 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 Marathon with
respect to Marathon's basic qualifications, including its character
qualifications, to be a Commission licensee.
8. Compliance Plan. For purposes of settling the matters set forth herein,
Marathon agrees to create within thirty (30) days of the Effective Date a
Compliance Plan ("the Plan") related to future compliance with the Act,
the Commission's Rules, and the Commission's Orders. The Plan will include
the following components:
a. Leadership and Management Commitment. Marathon shall designate a
responsible staff person as a Single Point of Accountability ("SPA")
who will be responsible for ensuring that all radio systems operated
by the Company are duly authorized and operated pursuant to the
terms of the Commission's authorizations and the Commission's rules.
The SPA or specifically authorized employees will oversee the
preparation and filing of all applications for new, modified and
renewal authority.
b. Audit. The SPA will oversee a physical inspection of all private
land mobile radio systems operated by Marathon to confirm that these
radio systems are being operated pursuant to effective Commission
authorizations. Marathon shall conduct these inspections and submit
a report thereof to the Commission no later than nine months after
the Effective Date. This Audit Report will be certified by a
corporate officer and the SPA or his designee as being true and
accurate.
c. Compliance Officer. Marathon will appoint a Compliance Officer who
will be responsible for overseeing Marathon's compliance with this
Compliance Plan and applicable FCC requirements.
d. Compliance Reports. Marathon will file compliance reports with the
Commission ninety (90) days after the Effective Date, six months
after the Effective Date, and twelve months after the Effective
Date. Each compliance report shall include a compliance certificate
from an officer, as an agent of Marathon, stating that the officer
has personal knowledge that Marathon 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 the Chief, Spectrum Enforcement Division, Enforcement
Bureau, Federal Communications Commission, 445 12th Street, S.W.,
Washington, D.C. 20554. All reports shall also be submitted
electronically to Ricardo M. Durham, Senior Deputy Chief,
Enforcement Bureau, Spectrum Enforcement Division, Ricardo.Durham
@fcc.gov, and Susan Stickley, Attorney Advisor, Enforcement Bureau,
Spectrum Enforcement Division, Susan.Stickley@fcc.gov.
e. Termination Date. Unless stated otherwise, the requirements of this
Consent Decree will expire twelve months after the Effective Date.
9. Voluntary Contribution. Marathon agrees to make a voluntary
contribution to the United States Treasury in the amount of seven thousand
five hundred dollars ($7,500) within thirty (30) calendar days after the
Effective Date of the Adopting Order. The payment must be made by check or
similar instrument, payable to the Order of the Federal Communications
Commission. The payment must include the Account Number and FRN Number
referenced in the caption to the Adopting Order. 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 Account number in
block number 23A (call sign/other ID), and enter the letters "FORF" in
block number 24A (payment type code). Marathon will also send electronic
notification on the date said payment is made to Ricardo.Durham @fcc.gov
and Susan.Stickley@fcc.gov.
10. Waivers. Marathon 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 the Bureau issues an Adopting Order adopting the
Consent Decree without change, addition, modification, or deletion.
Marathon 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 Marathon nor the
Commission shall contest the validity of the Consent Decree or the
Adopting Order, and Marathon shall waive any statutory right to a trial de
novo. Marathon 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.
11. Invalidity. In the event that this Consent Decree in its entirety 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.
12. 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 Marathon does not expressly consent) that
provision will be superseded by such Commission rule or Order.
13. Successors and Assigns. Marathon agrees that the provisions of this
Consent Decree shall be binding on its successors, assigns, and
transferees.
14. 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.
15. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
16. 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.
17. Authorized Representative. Each party represents and warrants to the
other that it has full power and authority to enter into this Consent
Decree.
18. 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.
_______________________________
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
______________
Date
_________________________________
James F. Cantrell
Refinery Division Manager
Marathon Petroleum Company LLC
____________
Date
47 U.S.C. S: 301.
47 C.F.R. S:S: 1.903 and 1.949(a).
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).
See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau to C. Douglas Jarrett, Esq., counsel for Marathon
Petroleum Company LLC (initially referred to as Marathon Oil Company)
(March 18, 2009) (" March 18, 2009 LOI").
47 U.S.C. S: 301.
47 C.F.R. S:S: 1.903(a) and 1.949(a).
47 U.S.C. S: 301; 47 C.F.R. S: 1.903(a).
47 C.F.R. S: 1.949(a).
47 C.F.R. S: 1.955(a)(1).
See March 18, 2009 LOI.
See Letter from C. Douglas Jarrett, Esq., counsel for Marathon Petroleum
Company LLC (initially referred to as Marathon Oil Company) to Susan M.
Stickley, Esq., Spectrum Enforcement Division, Enforcement Bureau (May 1,
2009).
(Continued from previous page)
(continued....)
Federal Communications Commission DA 09-2385
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Federal Communications Commission DA 09-2385
_______________ Federal Communications Commission DA 09-2385
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_______________ Federal Communications Commission DA 09-2385