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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File No. EB-05-IH-1022
CAPSTAR TX LLC ) NAL/Acct. No. 201232080019
Licensee of FM Translator Station ) FRN No. 0019362953
W300BQ, Vero Beach, Florida
) Facility ID No. 139428
)
)
ORDER
Adopted: April 19, 2012 Released: April 20, 2012
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau (Bureau) and Capstar TX, LLC
(Licensee). The Consent Decree terminates an investigation by the
Bureau against the Licensee for possible violations of Sections 399B
and 310(d) of the Communications Act of 1934, as amended (Act), and
Sections 73.503(d) and 73.3540 of the Commission's rules (Rules), in
connection with the broadcast of underwriting announcements concerning
financial support over FM Translator Station W300BQ, Vero Beach,
Florida, and the transfer of control of the same Station.
2. The Bureau and the Licensee 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 the Licensee 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, as to
the Station and/or the Licensee, IS TERMINATED.
7. IT IS FURTHER ORDERED that any third-party complaints and allegations
against the Stations and/or the Licensee before the Enforcement Bureau
related to the above-captioned investigation as of the date of this
Consent Decree ARE DISMISSED.
8. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
shall be sent by both First Class mail and Certified Mail, Return
Receipt Requested, to Licensee's counsel, Marissa G. Repp, Esq., Repp
Law Firm, 1629 K Street, N.W., Suite 300, Washington, D.C. 20006-1631
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File No. EB-05-IH-1022
CAPSTAR TX LLC ) NAL/Acct. No. 201232080019
Licensee of FM Translator Station ) FRN No. 0019362953
W300BQ, Vero Beach, Florida
) Facility ID No. 139428
)
)
CONSENT DECREE
1. The Enforcement Bureau (Bureau) and Capstar TX LLC (Licensee), by their
authorized representatives, enter into this Consent Decree for the purpose
of terminating the Bureau's investigation into whether the Licensee
violated Sections 399B and 310(d) of the Communications Act of 1934, as
amended (Act), and Sections 73.503(d) and 73.3540 of the Commission's
rules (Rules), in connection with the transfer of control of FM Translator
Station W300BQ, Vero Beach, Florida (Station W300BQ or Station), and the
broadcast of underwriting announcements concerning financial support over
Station W300BQ.
I. DEFINITIONS
2. For the purposes of this Consent Decree, the following definitions
shall apply:
a. "Ace of Hearts Disc Jockey Service, Inc." and "Ace of Hearts" mean the
licensee of FM translator station W298AL, Wabasso, Florida (Facility
ID No. 156914).
b. "Act" means the Communications Act of 1934, as amended, 47 U.S.C.
S: 151 et seq.
c. "Adopting Order" means an Order of the Bureau adopting the terms of
this Consent Decree without change, addition, deletion, or
modification.
d. "Brevard Youth Education Broadcasting Corporation" and "Brevard Youth"
mean the licensee of low power FM station WGRV-LP, Melbourne, Florida
(Facility ID No. 135636).
e. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission.
f. "Commission" and "FCC" mean the Federal Communications Commission and
all of its bureaus and offices.
g. "Capstar TX LLC" and "Capstar" mean the licensee of FM translator
station W300BQ, Vero Beach, Florida (Facility ID No. 139428).
h. "Compliance Plan" means the compliance obligations, program, and
procedures described in this Consent Decree at Paragraph 9.
i. "Compliance Officer" means the individual designated in Paragraph 9.a.
of this Consent Decree as the person responsible for administration of
the Compliance Plan.
j. "Effective Date" means the date on which the Bureau releases the
Adopting Order.
k. "Investigation" means the investigation commenced by the Bureau's June
23, 2010, Letter of Inquiry regarding whether the Licensee violated
the Underwriting Laws in connection with its operation of Station
W300BQ on October 27, 2009, October 29, 2009, and February 24, 2010;
and whether the Licensee violated the Unauthorized Transfer of Control
Laws by transferring control of the Station without obtaining prior
consent of the FCC.
l. "Licensee" means Capstar TX LLC as licensee of the Station.
m. "Market" means the radio stations licensed to the Licensee or its
commonly-controlled affiliates licensed to locations within, or listed
as home to, the Ft. Pierce-Stuart-Vero Beach, Florida Metro as defined
by BIA/Kelsey.
n. "Parties" means the Licensee and the Bureau, and each of which is a
"Party."
o. "Randy Bennett" means, inter alia, the Registered Agent of Brevard
Youth Education Broadcasting Corporation and President of Ace of
Hearts Disc Jockey Services.
p. "Rules" means the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
q. "Station" means FM Translator Station W300BQ, Vero Beach, Florida
(Facility ID No. 139428).
r. "Unauthorized Transfer of Control Laws" means 47 U.S.C. S: 310(d) and
47 C.F.R. S: 73.3540.
s. "Underwriting Laws" means 47 U.S.C. S: 399b and 47 C.F.R. S:
73.503(d).
II. BACKGROUND
3. The Unauthorized Transfer of Control Laws prohibit a licensee from
transferring control of a Commission broadcast license without prior
Commission authorization. The Underwriting Laws define advertisements
as program material broadcast "in exchange for any remuneration" and
intended to "promote any service, facility, or product" of for-profit
entities. Section 399B(b)(2) specifically provides that noncommercial
educational stations may not broadcast advertisements. Although
contributors of funds to such stations may receive on-air
acknowledgements of their support, the Commission has held that such
acknowledgements may be made for identification purposes only, and
should not promote the contributors' products, services, or
businesses. Specifically, such announcements may not contain
comparative or qualitative descriptions, price information, calls to
action, or inducements to buy, sell, rent, or lease. At the same time,
however, the Commission has acknowledged that it is at times difficult
to distinguish between language that promotes versus that which merely
identifies the underwriter and is consistent with the Rules and
decisions establishing compliant underwriting announcements.
Consequently, the Commission expects licensees to exercise reasonable,
"good faith" judgment in this area, and affords some latitude to the
judgments of licensees who do so.
4. On June 23, 2010, based on information gathered by the Bureau's Tampa
Field Office, the Bureau issued a Letter of Inquiry to the Licensee,
directing the Licensee, among other things, to submit sworn written
statements in response to questions relating to possible violations of the
above-described laws. The Licensee responded on July 29, 2010. In its
Response, Capstar admits that it failed to exercise the requisite control
as a permittee and licensee of Station W300BQ. The Licensee further admits
that since early 2008, Mr. Randy Bennett and/or Brevard Youth Education
Broadcasting Corporation (Brevard) constructed, operated, and controlled
the Station without proper documentation of an interim relationship
between the parties, and without Commission authorization, until February
26, 2010. In its Response, the Licensee neither admits nor denies
violating the Underwriting Laws; however, the evidence in this case also
establishes that violations of the Underwriting Laws occurred on October
27, 2009, October 29, 2009, and February 24, 2010.
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. The Licensee agrees that the Bureau has jurisdiction
over it and the matters contained in this Consent Decree and that the
Bureau 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 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 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 with respect to the Licensee. In consideration for the
termination of said Investigation, the Licensee 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 the Licensee concerning
the matters that were the subject of the Investigation. The Bureau
also agrees that it will not, in the absence of new material evidence,
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 the Licensee with respect to
the Licensee's basic qualifications, including its character
qualifications, to be a Commission licensee.
9. Compliance Plan. For purposes of settling the matters set forth
herein, the Licensee agrees to create and implement within thirty (30)
days of the Effective Date a Compliance Plan related to future
compliance with the Act, the Rules, and the Commission's Orders. The
Compliance Plan shall include, at a minimum, the following components:
a. Compliance Officer. The Licensee shall designate an individual to
serve as its Compliance Officer, who shall be responsible for
administering the Compliance Plan. In discharging such duties, the
Compliance Officer, if not an FCC regulatory counsel or in-house
counsel, shall consult with and be assisted by outside FCC regulatory
counsel.
b. Counsel Consultation. If the Compliance Officer is not an FCC
regulatory counsel or in-house counsel, the Licensee shall consult
with outside FCC regulatory counsel regarding the Licensee's overall
compliance with the Unauthorized Transfer of Control Laws for the
Station, and if the primary station being rebroadcast by the Station
is required to operate on a noncommercial basis, the Licensee shall
consult with outside FCC regulatory counsel regarding the Licensee's
overall compliance with the Underwriting Laws as well. Such
consultations shall occur at a minimum on an annual basis, if not more
frequently.
c. Review Procedure. If the primary station being rebroadcast by the
Station is required to operate on a noncommercial basis, then the
Licensee shall utilize a review procedure for any underwriting content
to be aired on the Station. In such event, all scripts of
announcements shall be reviewed by the Compliance Officer or an
employee of Licensee directly supervised by the Compliance Officer,
prior to broadcast, for compliance with the Underwriting Laws.
d. Compliance Manual. Licensee shall prepare and distribute within thirty
(30) days of the Effective Date a compliance manual regarding the
Unauthorized Transfer of Control Laws and Underwriting Laws to any
employee of the Market involved in the broadcast of programming. The
Compliance Manual shall explain the Unauthorized Transfer of Control
Laws and Underwriting Laws that employees shall follow to help ensure
the Licensee's compliance with these laws. The Licensee shall
periodically review and revise the Compliance Manual as necessary to
ensure the information set forth therein remains current and complete.
The Licensee shall distribute any revisions to the Compliance Manual
promptly to all covered employees.
e. Training. If the primary station being rebroadcast by the Station is
required to operate on a noncommercial basis, then within thirty (30)
days of such noncommercial operation, the Licensee shall train any
employee of the Market with programming, advertising, or underwriting
responsibilities for the Station on acceptable underwriting content
that complies with the Underwriting Laws. If the primary station being
rebroadcast by the Station is required to operate on a noncommercial
basis, within thirty (30) days of being hired by the Licensee, any new
Licensee employee of the Market with programming, advertising, or
underwriting responsibilities for the Station shall be trained as to
what constitutes acceptable underwriting content that complies with
the Underwriting Laws. In addition, if the primary station being
rebroadcast by the Station is required to operate on a noncommercial
basis, the Licensee's employees with programming, advertising, or
underwriting responsibilities for the Station shall receive refresher
training, on an annual basis, regarding existing guidelines and, where
applicable, pertinent changes to the Underwriting Laws.
f. Education Program. If the primary station being rebroadcast by the
Station is required to operate on a noncommercial basis, the Licensee
shall implement and maintain a plan to educate prospective
underwriters about appropriate underwriting content and how the
Licensee incorporates such underwriting content in the messages that
it prepares for underwriter approval and eventual broadcast over the
Station. To that end, if the primary station being rebroadcast by the
Station is required to operate on a noncommercial basis, the Licensee
shall summarize the Underwriting Laws for each client before it
accepts any contract with the prospective underwriter to air
underwriting messages over the Station and prepares the underwriting
message for the underwriter's review. If the primary station being
rebroadcast by the Station is required to operate on a noncommercial
basis, the Licensee shall not broadcast over the Station any
announcement that does not comply with the Underwriting Laws.
g. Employment; Control. The Licensee shall not allow Randy Bennett,
Brevard Youth, Ace of Hearts, or any other entity in which, to
Licensee's actual knowledge, Randy Bennett is an owner, officer,
director, agent, or employee, to work for, contract for, or consult
for the Licensee of the Station. So long as the Licensee is not
publicly-traded, and excluding limited partnership interests in
investors in the Licensee's parent entities, provided that such
interest does not result in de jure or de facto control, the Licensee
shall not allow Randy Bennett, Brevard Youth, Ace of Hearts, or any
other entity in which, to Licensee's actual knowledge, Randy Bennett
is an owner, officer, director, agent, or employee, to hold any
ownership interest (outright or beneficial, through any mechanism,
including de facto control) in the Licensee or the Station.
h. Assignment. The Licensee shall not voluntarily assign the
authorization of the Station to Randy Bennett, Brevard Youth, Ace of
Hearts, or to any entity in which Randy Bennett holds a reported
ownership or attributable interest (outright or beneficial, though any
mechanism, including de facto control).
i. Termination Date. Unless stated otherwise, the requirements of this
Compliance Plan will expire three (3) years after the Effective Date
or upon the Licensee's non-pro forma assignment of the Station made in
compliance with the terms of the Agreement, whichever is earlier.
10. Cooperation. The Licensee agrees to make its officers and employees
available to cooperate with the Commission and the Bureau so as to
provide written statements and/or serve as witnesses as requested in
any other investigations conducted by the Commission or the Bureau
and/or hearings involving the Commission as part of this proceeding
(EB-05-IH-1022). Any such cooperation provided shall be limited to the
facts and circumstances within the knowledge of such officer or
employee as it pertains to matters subject to this investigation. This
commitment shall extend throughout the duration of such proceedings
regardless of whether the Licensee is still the licensee of the
Station. Notwithstanding this provision, the Commission, Bureau, and
officers and employees of the Licensee reserve any and all legal
rights that they would otherwise have.
11. Compliance Reports. The Licensee shall file compliance reports with
the Commission ninety (90) days after the Effective Date, twelve (12)
months after the Effective Date, twenty-four (24) months after the
Effective Date, and upon expiration of the Compliance Plan in this
Consent Decree, as defined above in Paragraph 9.i. of the Compliance
Plan. This compliance reporting requirement will expire three (3)
years after the Effective Date or upon the Licensee's non-pro forma
assignment of the Station, whichever is earlier. Each compliance
report shall include a compliance certificate from the Compliance
Officer, as defined in Paragraph 9.a. of the Compliance Plan, as an
agent of the Licensee, stating that the Compliance Officer has
personal knowledge that the Licensee: (i) has established operating
procedures in the Market intended to ensure compliance with the terms
and conditions of this Consent Decree, the Unauthorized Transfer of
Control Laws, and, if applicable, the Underwriting Laws, together with
an accompanying statement explaining the basis for the Compliance
Officer's certification; (ii) has been utilizing those procedures
since the previous Compliance Report was submitted; and (iii) is not
aware of any instances of non-compliance in the Market with this
Consent Decree, the Unauthorized Transfer of Control Laws, and the
Underwriting Laws. 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 the Licensee, shall provide the
Commission with a detailed explanation of: (i) any instances of
non-compliance in the Market with this Consent Decree, the
Unauthorized Transfer of Control Laws, and, if applicable, the
Underwriting Laws; and (ii) the steps that the Licensee 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,
Investigations and Hearings Division, Enforcement Bureau, Federal
Communications Commission, Room 4-C330, 445 12th Street, S.W.,
Washington, D.C. 20554, with a copy submitted electronically to
Jeffrey Gee at Jeffrey.Gee@fcc.gov, Kenneth M. Scheibel, Jr. at
Kenneth.Scheibel@fcc.gov, and to Jennifer Lewis Hershman at
Jennifer.Lewis@fcc.gov.
12. Voluntary Contribution. The Licensee agrees that it will make a
voluntary contribution to the United States Treasury in the amount of
eleven thousand five hundred dollars ($11,500). The payment will be
made within thirty (30) calendar 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 NAL/Account number and FRN 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 NAL/Account
number in block number 23A (call sign/other ID), and enter the letters
"FORF" in block number 24A (payment type code). The Licensee will also
send electronic notification on the date said payment is made to
Terry.Cavanaugh@fcc.gov, Jeffrey.Gee@fcc.gov,
Kenneth.Scheibel@fcc.gov, and Jennifer.Lewis@fcc.gov.
13. Waivers. The Licensee 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. The Licensee 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 the Licensee nor the Commission
shall contest the validity of the Consent Decree or the Adopting
Order, and the Licensee shall waive any statutory right to a trial de
novo. The Licensee 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.
14. 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.
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 the Licensee does not expressly
consent) that provision will be superseded by such Commission rule or
Order.
16. Admission of Liability. Notwithstanding any of the Licensee's prior
submissions in this proceeding, the Licensee admits, for Commission
civil enforcement purposes and in express reliance on the provisions
of Paragraph 8 herein, that its actions with respect to the ownership
and control of the Station and the broadcast of underwriting
announcements referenced in this Consent Decree violated the
Commission's regulations and requirements in force at the time of such
actions.
17. Investigation of Other Individuals and/or Entities in Proceeding. The
Commission and the Bureau retain their authority to investigate the
conduct of other individuals and/or entities in this proceeding
(EB-05-IH-1022) or any investigation or matter related to this
proceeding. The Commission and the Bureau reserve the right to use
facts developed during the course of this Investigation in any
investigation of other individuals and/or entities in this proceeding
(EB-05-IH-1022) or any investigation or matter related to this
proceeding.
18. Final Settlement. The Parties agree and acknowledge that this Consent
Decree shall constitute a final settlement between the Parties.
19. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
20. 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.
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.
________________________________
P. Michele Ellison
Chief
Enforcement Bureau
________________________________
Date
________________________________
Christopher M. Cain
Vice President, Associate General Counsel
Capstar TX LLC
________________________________
Date
See 47 U.S.C. S:S: 399b, 310(d).
See 47 C.F.R. S:S: 73.503(d), 73.3540.
Although the Bureau is terminating its investigation into whether the
Licensee engaged in conduct that violated these laws, the Commission and
the Bureau retain their right to investigate the conduct of other targets
in the above-captioned proceeding against which investigations under this
same file number (EB-05-IH-1022) remain pending.
The Bureau's assessment that the Licensee possesses the basic
qualifications to hold or obtain a Commission license or authorization
applies to the Licensee's qualifications as a corporate entity. This
finding, however, does not foreclose the Commission and the Bureau from
making a separate assessment into whether the conduct of other targets in
the above-captioned proceeding, against which investigations under this
same file number (EB-05-IH-1022) remain pending, raises questions
regarding their basic qualifications to hold or obtain a Commission
permit, license, or authorization.
See 47 U.S.C. S: 154(i).
See 47 C.F.R. S:S: 0.111, 0.311.
See 47 U.S.C. S:S: 399b, 310(d).
See 47 C.F.R. S:S: 73.503(d), 73.3540.
See Letter from Kenneth M. Scheibel, Jr., Assistant Division Chief,
Investigations and Hearings Division, Enforcement Bureau, Federal
Communications Commission, to Capstar TX LLC, dated June 23, 2010.
See 47 U.S.C. S: 310(d); 47 C.F.R. S: 73.3540.
See 47 U.S.C. S: 399b(a).
See 47 U.S.C. S: 399b(b)(2).
See Commission Policy Concerning the Noncommercial Nature of Educational
Broadcasting Stations, Public Notice (1986), republished, 7 FCC Rcd 827
(1992).
See id.
See Xavier University, Letter of Admonition, issued November 14, 1989
(Mass Med. Bur.), recons. granted, Memorandum Opinion and Order, 5 FCC Rcd
4920 (1990).
See supra note 9.
See Letter from Marissa G. Repp, Counsel to Capstar TX LLC, to Marlene H.
Dortch, Secretary, Federal Communications Commission, filed July 29, 2010
(Response).
See id. at 2.
See id. Capstar notes that Randy Bennett did not request that Station
W300BQ stop retransmitting the signal of WGRV-LP, but that Capstar
unilaterally decided on February 26, 2010, to terminate the operations of
the Station after the Commission's Field Office Agents raised corporate
policy and regulatory compliance questions.
See id. at 1.
In determining de facto control, the Commission traditionally looks beyond
the legal title to whether an entity or individual has obtained the right
to determine the basic operating policies of the station. See WHDH, Inc.,
Memorandum Opinion and Order, 17 FCC 2d 856 (1969), aff'd sub nom.,
Greater Boston Television Corp. v. FCC, 444 F.2d 841 (D.C. Cir. 1970),
cert. denied, 403 U.S. 923 (1971). While such an analysis transcends
formulas, the Commission generally looks to policies concerning
programming, personnel, and finances to make this determination. See,
e.g., Stereo Broadcasters, Inc., Decision, 87 FCC 2d 87 (1981), recons.
denied, 50 RR 2d 1346 (1982).
See 47 C.F.R. S: 1.16.
The Consent Decree between the Bureau and Capstar and each of the terms
thereof applies only to Capstar as a corporate entity. The Consent Decree
therefore does not constitute a settlement between the Commission or the
Bureau and any other individuals and/or entities in this proceeding
(EB-05-IH-1022) or any investigation or matter related to this proceeding,
and shall not prejudice the Commission's and/or the Bureau's prosecution
of other individuals and/or entities in this proceeding (EB-05-IH-1022) or
any investigation or matter related to this proceeding.
Federal Communications Commission DA 12-568
2
Federal Communications Commission DA 12-568