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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of REGENTS OF THE UNIVERSITY OF NEW MEXICO Licensee of
Stations KUNM(FM), Albuquerque, New Mexico; KBOM(FM), Socorro, New Mexico;
KRRT(FM), Arroyo Seco, New Mexico; KRRE(FM), Las Vegas, New Mexico;
KRAR(FM), Espanola, New Mexico. ) ) ) ) ) ) ) ) ) ) ) ) File No.:
EB-08-IH-5419 NAL/Acct. No.: 201332080002 FRN: 0001608025 Facility ID No.:
6083 Facility ID No.: 93246 Facility ID No.: 94047 Facility ID No.: 122283
Facility ID No.: 93833
ORDER
Adopted: August 15, 2013 Released: August 16, 2013
By the Acting Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau (Bureau) and Regents of the University
of New Mexico (Licensee). The Consent Decree terminates an
investigation by the Bureau against the Licensee for possible
violations of Section 399B of the Communications Act of 1934, as
amended (Act),^ and Section 73.503(d) of the Commission's Rules^
regarding the broadcast of underwriting announcements over Station
KUNM(FM), Albuquerque, New Mexico and its satellite/repeater Stations:
KBOM(FM), Socorro, New Mexico; KRRT(FM), Arroyo Seco, New Mexico;
KRRE(FM), Las Vegas, New Mexico; and KRAR(FM), Espanola, New Mexico in
2008.
2. The Bureau and the Licensee have negotiated the terms of the Consent
Decree that resolve this matter, including a detailed, three-year
compliance plan requirement. 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 Commission's 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 the third-party complaint against the
Licensee before the Bureau related to the above-captioned
investigation as of the date of this Consent Decree IS DISMISSED.
8. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
shall be sent by first class certified mail, return receipt requested,
to Regents of the University of New Mexico, Room 326, Onate Hall,
University of New Mexico, Albuquerque, New Mexico 87131, and to its
counsel, Margaret L. Miller, Esquire, Dow Lohnes, 1200 New Hampshire
Avenue, N.W., Suite 800, Washington, D.C. 20036.
FEDERAL COMMUNICATIONS COMMISSION
Robert H. Ratcliffe
Acting Chief
Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of REGENTS OF THE UNIVERSITY OF NEW MEXICO Licensee of
Stations KUNM(FM), Albuquerque, New Mexico; KBOM(FM), Socorro, New Mexico;
KRRT(FM), Arroyo Seco, New Mexico; KRRE(FM), Las Vegas, New Mexico;
KRAR(FM), Espanola, New Mexico. ) ) ) ) ) ) ) ) ) ) ) ) File No.:
EB-08-IH-5419 NAL/Acct. No.: 201332080002 FRN: 0001608025 Facility ID No.:
6083 Facility ID No.: 93246 Facility ID No.: 94047 Facility ID No.: 122283
Facility ID No.: 93833
CONSENT DECREE
1. The Enforcement Bureau (Bureau) and the Regents of the University of
New Mexico (Licensee), by their authorized representatives, hereby enter
into this Consent Decree for the purpose of terminating the Bureau's
investigation into whether the Licensee violated Section 399B of the
Communications Act of 1934, as amended,^ and Section 73.503(d) of the
Commission's Rules,^ in connection with the broadcast of underwriting
announcements over Station KUNM(FM), Albuquerque, New Mexico and its
satellite/repeater Stations: KBOM(FM), Socorro, New Mexico; KRRT(FM),
Arroyo Seco, New Mexico; KRRE(FM), Las Vegas, New Mexico; and KRAR(FM),
Espanola, New Mexico (collectively, Stations).
I. DEFINITIONS
2. 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 the 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. "Communications Laws" means, collectively, the Act, the Rules, and the
published and promulgated orders and decisions of the Commission to
which the Licensee is subject by virtue of it being a Commission
licensee, including but not limited to Section 73.503(d) of the
Commission's Rules.
f. "Complaint" means the third-party complaint^ received by or in the
possession of the Bureau forming the basis for the Bureau's July 28,
2009, November 5, 2009, and May 26, 2010 Letters of Inquiry,^
regarding whether the Licensee violated the Commission's Underwriting
Laws in connection with its operation of the Stations from December
31, 2007, to December 14, 2008.
g. "Compliance Plan" means the compliance obligations, program, and
procedures described in this Consent Decree at paragraph 10.
h. "Covered Employees" means all employees and agents of the Licensee who
perform, or supervise, oversee, or manage the performance of, duties
that relate to the Licensee's responsibilities under the Underwriting
Laws.
i. "Compliance Report" or "Compliance Reports" means the report(s)
described in this Consent Decree at paragraph 12.
j. "Effective Date" means the date on which the Bureau releases the
Adopting Order.
k. "Investigation" means the investigation concerning the Complaint^
commenced by the Bureau's Letters of Inquiry,^ regarding whether the
Licensee violated the Underwriting Laws in connection with its
operation of the Stations from December 31, 2007, to December 14,
2008.
l. "Licensee" means Regents of the University of New Mexico and its
predecessors-in-interest and successors-in-interest.
m. "Operating Procedures" means the standard, internal operating
procedures and compliance policies currently in place or established
by the Licensee to implement the Compliance Plan.
n. "Parties" means the Licensee and the Bureau, each of which is a
"Party."
o. "Rules" means the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
p. "Stations" means noncommercial educational radio Station KUNM(FM),
Albuquerque, New Mexico (Facility ID No. 6083) and its
satellite/repeater radio Stations: KBOM(FM), Socorro, New Mexico
(Facility ID No. 93246); KRRT(FM), Arroyo Seco, New Mexico (Facility
ID No. 94047); KRRE(FM), Las Vegas, New Mexico (Facility ID No.
122283); and KRAR(FM), Espanola, New Mexico (Facility ID No. 93833).
q. "Underwriting Laws" means 47 U.S.C. S 399b and Section 503(d) of the
Rules, 47 C.F.R. S 73.503(d).
II. BACKGROUND
3. On December 4, 2008, the Commission received a Complaint that alleged
that the Licensee had aired underwriting announcements which included
calls to action and promoted for-profit entities.^ The Complaint
alleged that the Licensee had received consideration in exchange for
the broadcast of the announcements.^ Based on the Complaint and a
recording that was submitted with the Complaint, it appeared that the
Licensee may have aired promotional announcements on behalf of
for-profit entities for consideration. On July 28, 2009, November 5,
2009, and May 26, 2010, the Bureau issued Letters of Inquiry to the
Licensee, which directed the Licensee, to submit, among other things,
sworn written statements in response to questions relating to alleged
violations of the Underwriting Laws.^ The Licensee responded on
October 13, 2009, December 7, 2009, July 9, 2010, and December 2,
2010.^ The Licensee's responses indicate that it may have aired
underwriting announcements using the term "free" with respect to a
product offered by a for-profit entity in exchange for remuneration.^
4. 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 Commission's 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.^ The underwriting announcements at issue here may have violated
the Underwriting Laws by using the word "free," which appears to
exceed the bounds of what is permissible and within licensee
discretion under the Act and pertinent Commission precedent.^
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.
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 Effective Date as defined herein. As of
the Effective Date, 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 Commission order,
entitling the Commission 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 the
Investigation. In consideration for the termination of the
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, 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 in the
absence of new material evidence it will not use the facts developed
in the 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 the
Licensee with respect to the Licensee's basic qualifications,
including its character qualifications, to be a Commission licensee or
to hold Commission licenses or authorizations.
9. Compliance Officer. Within thirty (30) calendar days after the
Effective Date, the Licensee shall designate a senior station manager
with the requisite organizational authority to serve as Compliance
Officer and to discharge the duties set forth below. The person
designated as the Compliance Officer shall be responsible for
developing, implementing, and administering the Compliance Plan and
ensuring that the Licensee complies with the terms and conditions of
the Compliance Plan and this Consent Decree. In addition to the
general knowledge of the Communications Laws necessary to discharge
his/her duties under this Consent Decree, the Compliance Officer shall
have specific knowledge of the Underwriting Laws prior to assuming
his/her duties.
10. Compliance Plan. For purposes of settling the matters set forth
herein, the Licensee agrees that it shall, within sixty (60) calendar
days of the Effective Date, implement a Compliance Plan, (which shall
consist of its existing FCC compliance plan elements, supplemented as
required by this Consent Decree), designed to ensure future compliance
with the Communications Laws and with the terms and conditions of this
Consent Decree. With respect to the Underwriting Laws, the Licensee
shall implement the following procedures:
a. Operating Procedures for Underwriting. Within sixty (60) calendar
days after the Effective Date, the Licensee shall review its existing
Operating Procedures that all Covered Employees must follow and
supplement or revise them as necessary pursuant to this Consent Decree
to help ensure the Licensee's compliance with the Underwriting Laws.
The Licensee's Operating Procedures shall continue to include internal
procedures and policies specifically designed to ensure that the
Licensee fully complies with the Underwriting Laws. The Licensee shall
continue to utilize a multi-level review procedure for underwriting
content to be aired on the Station. All scripts of announcements shall
continue to be reviewed by Station management, prior to broadcast, for
compliance with the Underwriting Laws. The Licensee also shall review
its Compliance Checklist to ensure that it describes the steps that a
Covered Employee must follow to ensure that underwriting announcements
will not result in a violation of the Underwriting Laws. With respect
to the underwriting announcements, the Compliance Checklist shall, at
a minimum, continue to require that at least two station employees,
one of which shall be a management-level employee, review all scripts
of announcements, prior to broadcast, for compliance with the
Underwriting Laws.
b. Compliance Manual. Within sixty (60) calendar days after the
Effective Date, the Compliance Officer shall develop and distribute an
updated Compliance Manual to all Covered Employees. The updated
Compliance Manual shall continue to explain the Underwriting Laws and
set forth the Operating Procedures that Covered Employees shall follow
to help ensure the Licensee's compliance with the Communications Laws.
The Licensee shall periodically review and revise the Compliance
Manual as necessary to ensure that the information set forth therein
remains current and complete, based on existing precedent. The
Licensee shall distribute any revisions to the Compliance Manual
promptly to all Covered Employees.
c. Compliance Education Program. The Licensee shall continue to educate
prospective underwriters about appropriate underwriting content and
about how the Licensee incorporates underwriting content in the
messages that it prepares for underwriter approval and eventual
broadcast. To that end, the Licensee shall continue to provide its
underwriting kit, summarizing appropriate and inappropriate
underwriting content under the Underwriting Laws, to each new
prospective underwriter before it accepts any new contract with the
prospective underwriter to air underwriting messages over the Station.
The Licensee shall not broadcast any announcement that does not comply
with the Underwriting Laws, "recogniz[ing] that it may be difficult to
distinguish at times between announcements that promote and those that
identify" and that "[w]e only expect our public broadcast licensees to
exercise their reasonable, good faith judgments in this regard."^
d. Compliance Training Program. The Licensee shall enhance its current
training program by establishing and implementing a Compliance
Training Program for Covered Employees on compliance with the
Underwriting Laws and the Operating Procedures. As part of the
Compliance Training Program, Covered Employees shall be advised of the
Licensee's obligation to report any noncompliance with the
Underwriting Laws under paragraph 11 of this Consent Decree and shall
be instructed on how to disclose noncompliance to the Compliance
Officer. All Covered Employees shall be trained pursuant to the
Compliance Training Program within ninety (90) calendar days after the
Effective Date, except that any person who becomes a Covered Employee
at any time after the Effective Date shall be trained within thirty
(30) calendar days after the date such person becomes a Covered
Employee. The Licensee shall repeat the compliance training on an
annual basis, and shall periodically review and revise the Compliance
Training Program as necessary to ensure that it remains current and
complete and to enhance its effectiveness.
11. Reporting Noncompliance. The Licensee shall report any noncompliance
with the Underwriting Laws and with the terms and conditions of this
Consent Decree within thirty (30) calendar days after discovery of
such noncompliance, recognizing that for Underwriting Laws, "it may be
difficult to distinguish at times between announcements that promote
and those that identify" and that "[w]e only expect our public
broadcast licensees to exercise their reasonable, good faith judgments
in this regard."^ Such reports shall include a detailed explanation of
(i) each instance of noncompliance; (ii) the steps that the Licensee
has taken or will take to remedy such noncompliance; (iii) the
schedule on which such remedial actions will be taken; and (iv) the
steps that the Licensee has taken or will take to prevent the
recurrence of any such noncompliance. All reports of noncompliance
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 Theresa Z. Cavanaugh at Terry.Cavanaugh@fcc.gov,
Jeffrey J. Gee at Jeffrey.Gee@fcc.gov, Anjali K. Singh at
Anjali.Singh@fcc.gov, and to Melissa A. Marshall at
Melissa.Marshall@fcc.gov.
12. 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 thirty-six (36) months after the Effective Date.
a. Each Compliance Report shall include a detailed description of the
Licensee's efforts during the relevant period to comply with the terms
and conditions of this Consent Decree and the Underwriting Laws. In
addition, each Compliance Report shall include a certification by the
Compliance Officer, as an agent of and on behalf of the Licensee,
stating that the Compliance Officer has personal knowledge that the
Licensee (i) has established and implemented the Compliance Plan
(consisting of its existing FCC compliance elements, supplemented as
required by this Consent Decree); (ii) has utilized the Operating
Procedures since the implementation of the Compliance Plan; and (iii)
is not aware of any instances of noncompliance with the terms and
conditions of this Consent Decree, including the reporting obligations
set forth in paragraph 11 hereof.
b. The Compliance Officer's certification shall be accompanied by a
statement explaining the basis for such certification and 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.
c. 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 the
reason(s) why and describe fully: (i) each instance of noncompliance;
(ii) the steps that the Licensee has taken or will take to remedy such
noncompliance, including the schedule on which proposed remedial
action will be taken; and (iii) the steps that the Licensee has taken
or will take to prevent the recurrence of any such noncompliance,
including the schedule on which such preventive action will be taken.
d. 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 Theresa Z. Cavanaugh at
Terry.Cavanaugh@fcc.gov, Jeffrey J. Gee at Jeffrey.Gee@fcc.gov, Anjali
K. Singh at Anjali.Singh@fcc.gov, and to Melissa A. Marshall at
Melissa.Marshall@fcc.gov.
13. Termination Date. Unless stated otherwise, the requirements set forth
in paragraphs 9 through 12 of this Consent Decree shall expire
thirty-six (36) months after the Effective Date.
14. Underwriting Laws Complaints; Subsequent Investigations. Nothing in
this Consent Decree shall prevent the Commission or its delegated
authority from adjudicating complaints filed pursuant to the
Underwriting Laws against the Licensee or its affiliates for alleged
violations of the Act or the Commission's Rules or for any other type
of alleged misconduct, regardless of when such misconduct took place.
The Commission's adjudication of any such complaints will be based
solely on the record developed in that proceeding. Except as expressly
provided in this Consent Decree, this Consent Decree shall not prevent
the Commission from investigating new evidence of noncompliance by the
Licensee with the Communications Laws.
15. Contribution. The Licensee agrees that it will make a 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. The Licensee shall also send electronic notification
of payment to Theresa Z. Cavanaugh at Terry.Cavanaugh@fcc.gov, Jeffrey
J. Gee at Jeffrey.Gee@fcc.gov, Anjali K. Singh at
Anjali.Singh@fcc.gov, and to Melissa A. Marshall at
Melissa.Marshall@fcc.gov on the date said payment is made. The payment
must be made by check or similar instrument, wire transfer, or credit
card, and must include the NAL/Account number and FRN referenced
above. Regardless of the form of payment, a completed 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). Below are additional instructions you should follow based on
the form of payment you select:^
* Payment by check or money order must be made payable to the order of
the Federal Communications Commission. Such payments (along with the
completed Form 159) must be mailed to Federal Communications
Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
via overnight mail to U.S. Bank - Government Lockbox #979088,
SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
* Payment by wire transfer must be made to ABA Number 021030004,
receiving bank TREAS/NYC, and Account Number 27000001. To complete
the wire transfer and ensure appropriate crediting of the wired funds,
a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
the same business day the wire transfer is initiated.
* Payment by credit card must be made by providing the required credit
card information on FCC Form 159 and signing and dating the Form 159
to authorize the credit card payment. The completed Form 159 must then
be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101.
16. 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 Adopting Order, provided the Bureau issues an Adopting Order
as defined herein. 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 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.
17. 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.
18. 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 rule or Commission
order.
19. Successors and Assigns. The Licensee agrees that the provisions of
this Consent Decree shall be binding on its successors, assigns, and
transferees.
20. Final Settlement. The Parties agree and acknowledge that this Consent
Decree shall constitute a final settlement between the Parties with
respect to the Investigation. 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, the Licensee does not admit or deny noncompliance,
violation or liability for violating the Act, the Commission's Rules
or Orders in connection with the matters that are the subject of this
Consent Decree.
21. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
22. 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.
23. Authorized Representative. The individual signing this Consent Decree
on behalf of the Licensee represents and warrants that he is
authorized by the Licensee to execute this Consent Decree and to bind
the Licensee to the obligations set forth herein. The FCC signatory
represents that he is signing this Consent Decree in his official
capacity and that he is authorized to execute this Consent Decree.
24. 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.
________________________________ Robert H. Ratcliffe Acting Chief
Enforcement Bureau ________________________________ Date
________________________________ Michael Dougher Senior Vice Provost for
Academic Affairs The University of New Mexico
________________________________ Date
^ See 47 U.S.C. S 399b.
^ See 47 C.F.R. S 73.503(d).
^ See 47 U.S.C. S 154(i).
^ See 47 C.F.R. SS 0.111, 0.311.
^ See 47 U.S.C. S 399b.
^ See 47 C.F.R. S 73.503(d).
^ See Letter from complainant to FCC Enforcement Bureau (filed Dec. 4,
2008, in EB-08-IH-5419) (Complaint).
^ See Letter from Kenneth M. Scheibel, Jr., Assistant Chief,
Investigations and Hearings Division, FCC Enforcement Bureau, to Regents
of the University of New Mexico (July 28, 2009) (on file in
EB-08-IH-5419); Letter from Kenneth M. Scheibel, Jr., Assistant Chief,
Investigations and Hearings Division, FCC Enforcement Bureau, to Regents
of the University of New Mexico (Nov. 5, 2009) (on file in EB-08-IH-5419);
Letter from Anjali K. Singh, Acting Assistant Chief, Investigations and
Hearings Division, FCC Enforcement Bureau, to Regents of the University of
New Mexico (May 26, 2010) (on file in EB-08-IH-5419).
^ See supra note 3.
^ See supra note 4.
^ See supra note 3.
^ See Complaint at 3 & Attach.
^ See supra note 4.
^ See Letter from Barry S. Persh, Attorney, Regents of the University of
New Mexico, to Marlene H. Dortch, Secretary, Federal Communications
Commission (Oct. 13, 2009) (on file in EB-08-IH-5419); Letter from Barry
S. Persh, Attorney, Regents of the University of New Mexico, to Marlene H.
Dortch, Secretary, Federal Communications Commission (Dec. 7, 2009) (on
file in EB-08-IH-5419) (Regents December 7 Letter); Letter from Barry S.
Persh, Attorney, Regents of the University of New Mexico, to Marlene H.
Dortch, Secretary, Federal Communications Commission (July 9, 2010) (on
file in EB-08-IH-5419); E-mail from Margaret Miller, Attorney, Regents of
the University of New Mexico, to Anita Patankar-Stoll, Attorney-Advisor,
Investigations and Hearings Division, FCC Enforcement Bureau (Dec. 2,
2010).
^ See, e.g., Regents December 7 Letter at 4-6 & Ex. 4.
^ 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) (Noncommercial Public Notice).
^ See id.
^ See Xavier University, Memorandum Opinion and Order, 5 FCC Rcd 4920,
4921, para. 6 (1990) (citing Noncommercial Nature of Educational Broadcast
Stations, Memorandum Opinion and Order, 90 FCC 2d 895, 911 (1982), recons.
97 FCC 2d 255 (1984)).
^ 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, e.g., Noncommercial Public Notice, 7 FCC Rcd 827 (noting, among
other things, that announcements containing price information are not
permissible).
^ Commission Policy Concerning the Noncommercial Nature of Educational
Broadcast Stations, Memorandum Opinion and Order, 90 FCC 2d 895, 911,
para. 26 (1982) (subsequent history omitted).
^ Id.
^ 47 C.F.R. S 1.16.
^ An FCC Form 159 and detailed instructions for completing the form may be
obtained at http://www.fcc.gov/Forms/Form159/159.pdf.
^ Should the Licensee have questions regarding payment procedures, it
should contact the Financial Operations Group Help Desk by phone at
1-877-480-3201, or by e-mail at [1]ARINQUIRIES@fcc.gov.
Federal Communications Commission DA 13-1432
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Federal Communications Commission DA 13-1432
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References
Visible links
1. mailto:ARINQUIRIES@fcc.gov