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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of Regent Broadcasting of El Paso, Inc. Debtor-in-Possession
Former Licensee of Stations KLAQ(FM) and KROD(AM), El Paso, Texas and
Townsquare Media of El Paso, Inc. Successor-in-Interest and Licensee of
Stations KLAQ(FM) and KROD(AM), El Paso, Texas ) ) ) ) ) ) ) )
)
)
) ) ) ) ) ) File Number: EB-10-IH-2145 NAL/Acct. No.: 201332080026 FRN:
0010632628 Facility ID Nos.: 48670 and 14908
ORDER
Adopted: July 29, 2013 Released: July 29, 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 Townsquare Media of El
Paso, Inc. (Townsquare El Paso). The Consent Decree resolves and
terminates the Bureau's investigation into possible violations of
Section 317 of the Communications Act of 1934, as amended (Act), and
Section 73.1212 of the Commission's rules (Rules),^ in connection with
the apparent failure by Regent Broadcasting of El Paso, Inc.,
Debtor-in-Possession (Regent), the prior licensee, to properly
disclose the sponsor of paid advertisements broadcast on Stations
KLAQ(FM) and KROD(AM), El Paso, Texas (Stations) in 2010. Townsquare
El Paso assumed liability for the outcome of the Bureau's
investigation.^
2. The Bureau and Townsquare El Paso have negotiated the terms of the
Consent Decree that resolves 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 will 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 Townsquare El Paso 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 Sections 4(i), 4(j), and
503(b) of the Communications Act of 1934, as amended,^ 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 Stations and/or Townsquare El Paso, IS TERMINATED.
7. IT IS FURTHER ORDERED that any third-party complaints and allegations
against the Station and/or Townsquare El Paso 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 U.S. Mail and Certified Mail, Return
Receipt Requested, to Townsquare El Paso's counsel, Howard Liberman,
Esq. and Alisa Lahey, Esq., Drinker Biddle & Reath LLP, 1500 K Street,
N.W., Washington, D.C. 20005-1209, and to the complainant.
FEDERAL COMMUNICATIONS COMMISSION
Robert H. Ratcliffe
Acting Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of Regent Broadcasting of El Paso, Inc. Debtor-in-Possession
Former Licensee of Stations KLAQ(FM) and KROD(AM), El Paso, Texas and
Townsquare Media of El Paso, Inc. Successor-in-Interest and Licensee of
Stations KLAQ(FM) and KROD(AM), El Paso, Texas ) ) ) ) ) ) ) )
)
)
) ) ) ) ) ) File Number: EB-10-IH-2145 NAL/Acct. No.: 201332080026 FRN:
0010632628 Facility ID Nos.: 48670 and 14908
CONSENT DECREE
1. The Enforcement Bureau of the Federal Communications Commission
(Bureau) and Townsquare Media of El Paso, Inc., by their authorized
representatives, hereby enter into this Consent Decree for the purpose
of terminating the Bureau's investigation into possible violations of
Section 317 of the Communications Act of 1934, as amended, and Section
73.1212 of the Commission's Rules^ pertaining to sponsorship
identification.
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 each Commission licensee, including Townsquare El Paso, is
subject by virtue of it being a Commission licensee, including but not
limited to Section 317 of the Act and Section 73.1212 of the
Commission's Rules.^
f. "Complainant" means the individual transmitting and filing the
third-party Complaints received by, or in the possession of, the
Bureau and alleging
violation of Section 317 of the Act and/or Section 73.1212 of the
Sponsorship ID Laws, as described in this Consent Decree at paragraph 4.
g. "Complaints" means the third-party complaint(s) alleging violation of
the Commission's Sponsorship ID laws and received by, or in the
possession of, the Bureau, as described in this Consent Decree at
paragraph 4.
h. "Compliance Plan" means the compliance obligations, program, and
procedures described in this Consent Decree at paragraph 11.
i. "Covered Employees" means all employees and agents of Townsquare El
Paso
who perform, supervise, oversee, and/or manage the performance of duties
that relate to Townsquare El Paso's responsibilities under the Sponsorship
ID Laws, including those employees and agents who serve as on-air talent
and/or materially participate in the on-air broadcast of program material
and/or in the making of programming decisions, as well as their
supervisory employees and agents.
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
30, 2010 Letter of Inquiry regarding whether Regent violated the
Sponsorship ID Laws.
l. "Operating Procedures" means the standard, internal operating
procedures and compliance policies established by Townsquare El Paso
to implement the
Compliance Plan.
m. "Parties" means Townsquare El Paso and the Bureau, each of which is a
"Party."
n. "Regent" means Regent Broadcasting of El Paso, Inc.
Debtor-in-Possession, the
former licensee of the Stations, and its successors-in-interest before
July 1, 2010.^
o. "Rules" means the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
p. A "Sponsored Broadcast" is matter transmitted by a broadcast station
that is aired
in exchange for valuable consideration that is "directly or indirectly
paid or promised to or charged or accepted by, the station so
broadcasting," especially the types of broadcasts covered by Section
73.1212(f) of the Commission's Rules.
q. "Sponsorship ID Laws" means, individually or collectively, Section
317 of the Act and Section 73.1212 of the Commission's Rules.
r. "Stations" means Station KLAQ(FM), El Paso, Texas (Facility ID 48670)
and Station KROD(AM), El Paso, Texas (Facility ID 14908), each a
"Station."
s. "Townsquare El Paso" means Townsquare Media of El Paso, Inc.;^ its
corporate family, including Town Square Media, LLC; and Townsquare El
Paso's successors-in-interest.
II. BACKGROUND
3. The Sponsorship ID Laws establish the general obligation of a
broadcast station to air sponsorship identification announcements
whenever any "money, service or other valuable consideration"^ is paid
or promised to the station for the broadcast of program material.^ The
Commission has noted that the Sponsorship ID Laws are "grounded in the
principle that listeners and viewers are entitled to know who seeks to
persuade them"^ and has warned that it would take enforcement action
against broadcast stations and cable operators that did not comply
with these disclosure requirements.^ Stations are exempt from making
sponsorship identification announcements in certain circumstances, but
these exemptions do not apply when the consideration paid or promised
to a station is in the form of "money."^ Section 73.1212(f) states
that "[i]n the case of broadcast matter advertising commercial
products or services," the licensee must broadcast "an announcement
stating the sponsor's corporate or trade name, or the name of the
sponsor's product . . . ."^ That section also provides that in such
circumstances, "when it is clear that the mention of the name of the
product constitutes a sponsorship identification, [the name of the
product] shall be deemed sufficient" to comply with the Sponsorship ID
Laws.^ In this case, Regent failed to mention the "sponsor's corporate
or trade name, or the name of the sponsor's product,"^ in violation of
the Sponsorship ID Laws.
4. The Bureau received Complaints, which alleged that Station KLAQ(FM)
aired advertisements that failed to identify the sponsor of the
advertisement and the product advertised.^ The Complaints alleged that
the advertisements were sponsored by The Cigarette Outlet, and that
the Station intentionally omitted the sponsor of the announcements,
whose name contains the word "cigarette," from the advertisements in
order to avoid violating Section 73.4055 of the Commission's Rules and
15 U.S.C S 1335, both of which prohibit the broadcast of cigarette
advertisements.^
5. The Bureau issued a letter of inquiry (LOI) on June 30, 2010 regarding
the issues raised in the Complaints.^ In its response to the LOI,^
Regent confirmed that both KLAQ(FM) and KROD(AM) had received money
from The Cigarette Outlet as payment for the Stations' broadcast of
advertisements for The Cigarette Outlet store and that the Stations
broadcast the subject advertisements.^ Regent further confirmed that
the Stations omitted both the word "cigarette" and the name "The
Cigarette Outlet" from those advertisements.^ Regent acknowledged the
applicability of the Commission's Sponsorship ID Laws to The Cigarette
Outlet's advertisements but effectively denied violating those Laws by
arguing that it was unnecessary to include the advertiser's full name
in the announcements because the "identity of each [a]dvertisement's
sponsor and the fact of sponsorship of its business were obvious"^ due
to the advertisements' inclusion of the address and phone number of
The Cigarette Outlet, as well as directions to its only store.^ ^ The
Bureau disagrees with this assertion.
III. TERMS OF AGREEMENT
6. 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.
7. Jurisdiction. Townsquare El Paso 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.
8. 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.
9. 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, Townsquare El Paso 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 Townsquare El Paso 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
Townsquare El Paso with respect to its basic qualifications, including
its character qualifications, to be a Commission licensee or to hold
Commission licenses or authorizations.
10. Compliance Officer. Within thirty (30) calendar days after the
Effective Date, Townsquare El Paso shall designate a senior corporate
manager with the requisite corporate and 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 Townsquare El Paso 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 Sponsorship ID
Laws prior to assuming his/her duties and shall commit to enforcing
high standards with respect to the Sponsorship ID Laws to avoid
violations.
11. Compliance Plan. For purposes of settling the matters set forth
herein, Townsquare El Paso agrees that it shall, within sixty (60)
calendar days of the Effective Date, develop and implement a
Compliance Plan designed to ensure future compliance with the
Communications Laws and with the terms and conditions of this Consent
Decree. With respect to the Sponsorship ID Laws, Townsquare El Paso
shall implement the following procedures:
(a) Operating Procedures for broadcasts subject to the Sponsorship ID
Laws. Within sixty (60) calendar days after the Effective Date, Townsquare
El Paso shall establish Operating Procedures that all Covered Employees
must follow to help ensure Townsquare El Paso's compliance with the
Sponsorship ID Laws. Townsquare El Paso's Operating Procedures shall
include internal procedures and policies specifically designed to ensure
that Townsquare El Paso discloses the sponsorship status and the sponsor
of broadcasts that are aired in exchange for valuable consideration or
otherwise require sponsorship identification, consistent with Section 317
of the Act and Section 73.1212 of the Commission's Rules. Townsquare El
Paso also shall develop a Compliance Checklist that describes the steps
that a Covered Employee must follow to ensure that Sponsored Broadcasts
will not result in a violation of the Communications Laws regarding
sponsorship ID. At a minimum, the Compliance Checklist shall require a
multi-level review of Sponsored Broadcasts that air over the Station. All
scripts of announcements shall be reviewed prior to broadcast for
compliance with the Sponsorship ID Laws by at least two station employees,
one of whom shall be a management-level employee.
(b) Compliance Manual. Within sixty (60) calendar days after the Effective
Date, the Compliance Officer (with assistance of counsel as appropriate)
shall develop and distribute a Compliance Manual to all Covered Employees.
The Compliance Manual shall explain the Sponsorship ID Laws and set forth
the Operating Procedures that Covered Employees shall follow to help
ensure Townsquare El Paso's compliance with the Communications Laws.
Townsquare El Paso shall periodically review and revise the Compliance
Manual as necessary to ensure that the information set forth therein
remains current and complete. Townsquare El Paso shall distribute any
revisions to the Compliance Manual promptly to all Covered Employees.
(c) Compliance Training Program. Townsquare El Paso shall establish and
implement a Compliance Training Program on compliance with the Sponsorship
ID Laws and the Operating Procedures. As part of the Compliance Training
Program, Covered Employees shall be advised of Townsquare El Paso's
obligation to report any noncompliance with the Sponsorship ID Laws under
paragraph 12 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. Townsquare El Paso 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.
(i) Hotline. The Compliance Officer shall maintain a hotline for
employees to call the Compliance Officer to obtain advice on compliance
with the Compliance Plan and report violations of the Compliance Plan.
(ii) Contractual Agreements. Townsquare El Paso will ensure that all
contractual agreements with respect to Covered Employees shall include a
contractual clause relating to compliance with the Sponsorship
Identification Laws.
(iii) Commitment to High Standards for the Identification of Program
Sponsors and the Airing of Sponsored Content. Townsquare El Paso commits
to enforcing high standards with respect to the Sponsorship ID Laws to
avoid violations.
(d) Sponsor Education. Townsquare El Paso will also implement and maintain
a plan to educate prospective sponsors about appropriate sponsorship
content and how it incorporates such sponsorship content in the messages
that it prepares for the sponsor's approval and eventual broadcast. To
that end, Townsquare El Paso will summarize the Sponsorship ID Laws for
each client prior to accepting any contract to air messages over the
Station and preparing the message for the sponsor's review. Townsquare El
Paso will not broadcast any announcement that does not comply with the
Sponsorship ID Laws.
(e) Annual Report. The Compliance Officer shall submit reports to the
Townsquare El Paso's Board of Directors concerning the Townsquare El
Paso's compliance with this Compliance Plan. The first such report shall
be submitted within sixty (60) days of the Effective Date and additional
reports shall be submitted at least annually thereafter.
12. Reporting Noncompliance. Townsquare El Paso shall report any
noncompliance with the Sponsorship ID Laws, and with the terms and
conditions of this Consent Decree within thirty (30) calendar days
after discovery of such noncompliance. Such reports shall include a
detailed explanation of (i) each instance of noncompliance; (ii) the
steps that Townsquare El Paso 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 Townsquare El Paso 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, DC 20554,
with a copy submitted electronically to Theresa Z. Cavanaugh at
[1]Terry.Cavanaugh@fcc.gov, Jeffrey J. Gee at [2]Jeffrey.Gee@fcc.gov,
Anjali Singh at [3]Anjali.Singh@fcc.gov, and Judy Lancaster at
[4]Judy.Lancaster@fcc.gov.
13. Compliance Reports. Townsquare El Paso 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
Townsquare El Paso's efforts during the relevant period to comply with the
terms and conditions of this Consent Decree and the Sponsorship ID Laws.
In addition, each Compliance Report shall include a certification by the
Compliance Officer, as an agent of and on behalf of Townsquare El Paso,
stating that the Compliance Officer has personal knowledge that Townsquare
El Paso (i) has established and implemented the Compliance Plan; (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 paragraphs 11 and 12 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 Townsquare El
Paso, 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 Townsquare El Paso 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 Townsquare El Paso 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, DC 20554, with
a copy submitted electronically to Theresa Z. Cavanaugh at
[5]Terry.Cavanaugh@fcc.gov, Jeffrey J. Gee at [6]Jeffrey.Gee@fcc.gov,
Anjali Singh at [7]Anjali.Singh@fcc.gov, and Judy Lancaster at
[8]Judy.Lancaster@fcc.gov.
14. FCC Enforcement Actions. If, as a result of a possible future
violation of the Sponsorship ID Laws at one of its Stations,
Townsquare El Paso receives a Notice of Apparent Liability or similar
Bureau document proposing a forfeiture, a Bureau document
contemplating license non-renewal or revocation, or a Forfeiture,
Townsquare El Paso shall:
(a) suspend each employee accused of violating the Sponsorship ID Laws
and undertake an investigation of each such incident;
a. require that each such employee receive remedial training on the
Sponsorship ID Laws and the Compliance Plan and successfully
demonstrate to the Compliance Officer and Station management that he
or she understands such regulations and policies before allowing such
employee to resume his or her duties;
b. take disciplinary action, up to and including termination, against
each employee who is materially involved in the violation of the
Sponsorship ID Laws, if such violation results in a final
adjudication by the Commission that Townsquare El Paso violated the
Sponsorship ID Laws.
15. Termination Date. Unless stated otherwise, the requirements set forth
in paragraphs 10 through 14 of this Consent Decree shall expire
thirty-six (36) months after the Effective Date.
16. Section 73.1212 Complaints; Subsequent Investigations. Nothing in this
Consent Decree shall prevent the Commission or its delegated authority
from adjudicating complaints filed pursuant to Section 73.1212 of the
Commission's Rules against Townsquare El Paso 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 Townsquare El Paso with the Communications Laws.
17. Voluntary Contribution. Townsquare El Paso agrees that it will make a
voluntary contribution to the United States Treasury in the amount of
fifteen thousand dollars ($15,000) within thirty (30) calendar days
after the Effective Date. Townsquare El Paso shall also send
electronic notification of payment to Theresa Z. Cavanaugh at
[9]Terry.Cavanaugh@fcc.gov, Jeffrey J. Gee at [10]Jeffrey.Gee@fcc.gov,
Anjali Singh at [11]Anjali.Singh@fcc.gov, and to Judy Lancaster at
[12]Judy.Lancaster@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 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.
18. Waivers. Townsquare El Paso 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. Townsquare El Paso 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 Townsquare El Paso nor the
Commission shall contest the validity of the Consent Decree or the
Adopting Order, and Townsquare El Paso shall waive any statutory right
to a trial de novo. Townsquare El Paso 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.
19. 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.
20. Subsequent Rule or Order. The Parties agree that if any provision of
this 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 Townsquare El Paso
does not expressly consent) that provision will be superseded by such
Rule or Commission order.
21. Successors and Assigns. Townsquare El Paso agrees that the provisions
of this Consent Decree shall be binding on its successors, assigns,
and transferees.
22. Final Settlement. The Parties agree and acknowledge that this Consent
Decree shall constitute a final settlement between the Parties with
respect to the Investigation.
23. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
24. 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.
25. Authorized Representative. The individual signing this Consent Decree
on behalf of Townsquare El Paso represents and warrants that he is
authorized by Townsquare El Paso to execute this Consent Decree and to
bind Townsquare El Paso 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.
26. 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.
FEDERAL COMMUNICATIONS COMMISSION ______________________________________
Robert H. Ratcliffe Acting Chief, Enforcement Bureau
______________________________________ Date TOWNSQUARE MEDIA OF EL PASO,
INC. _____________________________________ By: Alex Berkett Executive Vice
President _____________________________________ Date
^ See 47 C.F.R. S 73.1212.
^ Regent Broadcasting of El Paso, Inc., Debtor-in-Possession is not
currently a Commission licensee but was a licensee and subject to these
same laws at the time of the conduct at issue herein. Townsquare El Paso's
corporate family acquired the Stations by assignment consummated July 1,
2010 and as part of that assignment, through Town Square Media, LLC agreed
to accept liability for potential violations resulting from complaints
(including those covered by this Order) that were pending against the
Stations at the time of the assignment. Those complaints, which included
the instant Complaints, prompted inquiry with respect to Regent's
compliance with certain of the Commission's rules but did not raise
questions with respect to its basic qualifications.
^ See 47 U.S.C. SS 154(i), 154(j), 503(b).
^ See 47 C.F.R. SS 0.111, 0.311.
^ See 47 U.S.C. S 317; 47 C.F.R. S 73.1212.
^ Regent Broadcasting of El Paso, Inc. Debtor-in-Possession is not
currently a Commission licensee but was a licensee and subject to these
same laws at the time of the conduct at issue herein. Townsquare El Paso's
corporate family acquired the Stations by assignment consummated July 1,
2010, and as part of that assignment, through Town Square Media, LLC,
agreed to accept liability for potential violations resulting from
complaints (including the instant Complaints) that were pending against
the Stations at the time of the assignment. Those complaints, which
included the instant Complaints, prompted inquiry with respect to Regent's
compliance with certain of the Commission's rules but did not raise
questions with respect to its basic qualifications.
^ On July 1, 2010, Townsquare Media, LLC became the Stations' corporate
parent. See supra note 2.
^ See supra note 2.
^ 47 U.S.C. S 317(a)(1). See also 47 C.F.R. SS 73.1212(a).
^ See 47 U.S.C. S 317(a)(1); 47 C.F.R. SS 73.1212(a).
^ Commission Reminds Broadcast Licensees, Cable Operators and Others of
Requirements Applicable to Video News Releases and Seeks Comment on the
Use of Video News Releases by Broadcast Licensees and Cable Operators,
Public Notice, 20 FCC Rcd 8593, 8593-94 (2005).
^ See, e.g., id.
^ See id.
^ 47 C.F.R. S 73.1212(f).
^ Id.
^ Id.
^ See Complaint from Robert King to Hillary DeNigro, Chief, Investigations
and Hearings Division, FCC Enforcement Bureau (Apr. 12, 2010) (on file in
EB-10-IH-2145); Complaint from Robert King to Hillary DeNigro, Chief,
Investigations and Hearings Division, FCC Enforcement Bureau (Apr. 21,
2010) (on file in EB-10-IH-2145); E-mail from Robert King to Hillary
DeNigro, Chief, Investigations and Hearings Division, FCC Enforcement
Bureau (Apr. 28, 2010, 14:37 EDT) (on file in EB-10-IH-2145).
^ See 15 U.S.C. S 1335; 47 C.F.R. S 73.4055; supra note 13.
^ See Letter from Anjali K. Singh, Acting Assistant Chief, Investigations
and Hearings Division, FCC Enforcement Bureau to Regent Trust (June 30,
2010) (on file in EB-10-IH-2145). Regent Trust was the licensee of the
Stations from April 27, 2010 (See FCC File No. BALH-20100323AHU) until
July 1, 2010 (See FCC File No. BALH-20100232ACK).
^ See Letter from Mark B. Denbo, Counsel to Regent Broadcasting of El
Paso, Inc., to Marlene H. Dortch, Secretary, Federal Communications
Commission at 1-2 (July 30, 2010) (on file in EB-10-IH-2145).
^ See id. at 3, Ex. 4.
^ See id. at 4.
^ Id.
^ See 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.
^ If Townsquare El Paso has 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 [13]ARINQUIRIES@fcc.gov.
Federal Communications Commission DA 13-1651
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Federal Communications Commission DA 13-1651
References
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1. mailto:Terry.Cavanaugh@fcc.gov
2. mailto:Jeffrey.Gee@fcc.gov
3. mailto:Anjali.Singh@fcc.gov
4. mailto:Judy.Lancaster@fcc.gov
5. mailto:Terry.Cavanaugh@fcc.gov
6. mailto:Jeffrey.Gee@fcc.gov
7. mailto:Anjali.Singh@fcc.gov
8. mailto:Judy.Lancaster@fcc.gov
9. mailto:Terry.Cavanaugh@fcc.gov
10. mailto:Jeffrey.Gee@fcc.gov
11. mailto:Anjali.Singh@fcc.gov
12. mailto:Judy.Lancaster@fcc.gov
13. mailto:ARINQUIRIES@fcc.gov