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Before the
Federal Communications Commission
Washington, D.C. 20554
)
) File No. EB-09-SE-146
In the Matter of
) Acct. No. 201032100037
Hearst Stations, Inc.
) FRN No. 0001587583
)
order
Adopted: August 23, 2010 Released: August 25, 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 Hearst Stations, Inc.
("Hearst"). The Consent Decree terminates the Bureau's investigation
into Hearst's possible violations of Section 301 of the Communications
Act of 1934, as amended, and Section 25.102(a) of the Commission's
Rules, regarding the operation of a transportable fixed satellite
earth station.
2. The Bureau and Hearst 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 material new evidence relating to this matter, we
conclude that our investigation raises no substantial or material
questions of fact as to whether Hearst 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 counsel for Hearst Stations, Inc., Stephen Hartzell,
Esq., Brooks, Pierce, McLendon, Humphrey & Leonard, LLP, 150
Fayetteville Street, Suite 1600, Raleigh, North Carolina 27601.
FEDERAL COMMUNICATIONS COMMISSION
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
File No. EB-09-SE-146
In the Matter of )
Acct. No. 201032100037
Hearst Stations, Inc. )
FRN No. 0001587583
)
)
CONSENT DECREE
The Enforcement Bureau ("Bureau") and Hearst Stations, Inc. ("Hearst"), by
their authorized representatives, hereby enter into this Consent Decree
resolving possible violations of Section 301 of the Communications Act of
1934, as amended, and Section 25.102(a) of the Commission's Rules
regarding the operation of a transportable fixed satellite earth station.
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. "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 9.
f. "Effective Date" means the date on which the Bureau releases the
Adopting Order.
g. "Hearst" means Hearst Stations, Inc. and its predecessors-in-interest
and successors-in-interest.
h. "Investigation" means the investigation commenced by the Bureau
following Hearst's voluntary disclosure regarding possible violations
of Section 301 of the Act and Section 25.102(a) of the Rules.
i. "Parties" means Hearst and the Bureau, and each a "Party".
j. "Rules" means the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
II. BACKGROUND
2. Section 301 of the Act prohibits a person from using or operating any
apparatus for the transmission of energy or communications or signals
by radio except under, and in accordance with, the Act and with a
license granted in accordance with the Act. Similarly, under Section
25.102(a) of the Rules, no person may use or operate any apparatus for
the transmission of energy or communications or signals by space or
earth stations except under, and in accordance with, an appropriate
authorization granted by the Commission.
3. Hearst is an FCC licensee who operates, in relevant part, a full-power
television station (KITV, Honolulu, Hawaii), two full-power satellite
television stations (KMAU, Wailuku, Hawaii, and KHVO, Hilo, Hawaii),
and receive-only earth station E060301 (collectively, "KITV").
4. In or around August 2009, Hearst determined that a transportable fixed
satellite earth station used by KITV in conjunction with its
newsgathering operations was unauthorized. Hearst immediately
terminated operation of the earth station, and on August 31, 2009,
Hearst filed a new license application for the facility. On or around
September 2, 2009, Hearst, through its legal counsel, voluntarily
disclosed the matter to the International Bureau and the Enforcement
Bureau.
III. TERMS OF AGREEMENT
5. 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.
6. Jurisdiction. Hearst 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 Effective Date. 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 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. In consideration for the termination of said
Investigation, Hearst 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, 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
Hearst concerning the matters that were the subject of the
Investigation. The Bureau also agrees that in the absence of new
material evidence it will not use the facts developed in this
Investigation through the Effective Date, 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 Hearst with
respect to Hearst's basic qualifications, including its character
qualifications, to be a Commission licensee.
9. Compliance Plan. For purposes of settling the matters set forth
herein, Hearst agrees to create, within 30 days of the Effective Date,
a Compliance Plan related to future compliance with the Act, the
Commission's Rules, and the Commission's Orders. The Plan will
include, at a minimum, the following components:
a. Compliance Officer. Hearst will designate the Vice President,
Engineering for Hearst Television, Inc., (Hearst's corporate parent),
as its Compliance Officer. The Compliance Officer will be responsible
for administering the Compliance Plan, and will have sole authority to
authorize Hearst employees to activate or operate any
Commission-regulated transmitting facility.
b. Outside Consultation. Hearst will coordinate more closely with its
outside engineering consultant and FCC legal counsel, and will not
activate a facility without confirmation that such activation has been
authorized by the FCC.
c. Training. To increase their understanding of the Commission's Rules,
all Hearst engineering managers with responsibility for procuring,
constructing, maintaining, and operating Commission-regulated
transmitting equipment will complete a compliance tele-seminar
administered by Hearst legal counsel within six months of the
Effective Date.
d. Compliance Reports. Hearst will file Compliance Reports with the
Commission ninety (90) days after the Effective Date, twelve (12)
months after the Effective Date, and twenty-four (24) months after the
Effective Date. Each Compliance Report shall include a certification
by the Compliance Officer, as an agent of and on behalf of Hearst,
stating that the Compliance Officer has personal knowledge that (i)
Hearst has established operating procedures intended to ensure
compliance with the terms and conditions of this Consent Decree,
together with an accompanying statement explaining the basis for the
Compliance Officer's certification; (ii) Hearst has been utilizing
those procedures since the previous Compliance Report was submitted;
and (iii) the Compliance Officer is not aware of any instances of
non-compliance. The certification must comply with section 1.16 of the
Rules and be subscribed to as true under penalty of perjury in
substantially the form set forth therein. If the Compliance Officer
cannot provide the requisite certification, the Compliance Officer, as
an agent of and on behalf of Hearst, shall provide the Commission with
a detailed explanation of: (i) any instances of non-compliance with
this Consent Decree and the Rules, and (ii) the steps that Hearst has
taken or will take to remedy each instance of non-compliance and
ensure future compliance, and the schedule on which proposed remedial
actions will be taken. 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
kathy.berthot@fcc.gov and joann.lucanik@fcc.gov.
e. Termination Date. Unless stated otherwise, the requirements of this
Paragraph 9 of the Consent Decree will expire twenty-four (24) months
after the Effective Date.
10. Voluntary Contribution. Hearst agrees that it will make a voluntary
contribution to the United States Treasury in the amount of
seven-thousand five-hundred dollars ($7,500.00). The payment will be
made within 60 days after the Effective Date. 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 the
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 Federal Reserve Bank of New York, 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). Hearst will also send electronic notification to
kathy.berthot@fcc.gov and joann.lucanik@fcc.gov within forty-eight
(48) hours of the date said payment is made.
11. Waivers. Hearst 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 Bureau issues
an Order adopting the Consent Decree without change, addition,
modification, or deletion. Hearst 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 Hearst nor the Commission shall contest the
validity of the Consent Decree or the Adopting Order, and Hearst shall
waive any statutory right to a trial de novo. Hearst 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.
12. 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.
13. 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 Hearst does not expressly
consent) that provision will be superseded by such Commission rule or
Order.
14. Successors and Assigns. Hearst agrees that the provisions of this
Consent Decree shall be binding on its successors, assigns, and
transferees.
15. 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.
16. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
17. 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.
18. Authorized Representative. Each party represents and warrants to the
other that it has full power and authority to enter into this Consent
Decree.
19. 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 David J. Barrett
Chief, Spectrum Enforcement President
Division Enforcement Bureau
Hearst Stations, Inc.
________________________________
________________________________
Date
Date
Executed solely with respect to para. 9(a):
________________________________
David J. Barrett
President
Hearst Television, Inc.
________________________________
Date
In September 2009, Hearst notified the Commission of a name change to
Hearst Stations, Inc., from Hearst-Argyle Stations, Inc. See Letter from
Coe W. Ramsey, Brooks, Pierce, McLendon, Humphrey & Leonard, LLP to
Marlene H. Dortch, Secretary, Federal Communications Commission (September
23, 2009); Letter from Stephen Hartzell, Brooks, Pierce, McLendon,
Humphrey & Leonard, LLP to Eleanor Lott, International Bureau, Federal
Communications Commission (September 25, 2009); see also File Nos.
0003980302, 0003980309, 0003980312, 0003980320, 0003980326, 0003980330,
0003980334, 0003980336, 0003980340, 0003980341, 0003980346, 0003980356,
0003980358 (all filed on September 29, 2009 and granted).
47 U.S.C. S: 301.
47 C.F.R. S: 25.102(a).
47 U.S.C. S: 154(i).
47 C.F.R. S:S: 0.111, 0.311.
In September 2009, Hearst notified the Commission of a name change to
Hearst Stations, Inc., from Hearst-Argyle Stations, Inc. See Letter from
Coe W. Ramsey, Brooks, Pierce, McLendon, Humphrey & Leonard, LLP to
Marlene H. Dortch, Secretary, Federal Communications Commission (September
23, 2009); Letter from Stephen Hartzell, Brooks, Pierce, McLendon,
Humphrey & Leonard, LLP to Eleanor Lott, International Bureau, Federal
Communications Commission (September 25, 2009); see also File Nos.
0003980302, 0003980309, 0003980312, 0003980320, 0003980326, 0003980330,
0003980334, 0003980336, 0003980340, 0003980341, 0003980346, 0003980356,
0003980358 (all filed on September 29, 2009 and granted).
47 U.S.C. S: 301.
47 C.F.R. S: 25.102(a).
47 U.S.C. S: 301.
47 C.F.R. S: 25.102(a).
File No. SES-LIC-20090831-01104. This application was granted on October
5, 2009, for call sign E090156.
Federal Communications Commission DA 10-1458
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Federal Communications Commission DA 10-1458
Federal Communications Commission DA 10-1458
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Federal Communications Commission DA 10-1458