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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of CSSI NON-PROFIT EDUCATIONAL BROADCASTING CORPORATION
Licensee of Noncommercial Educational FM Stations KYQX(FM), Weatherford,
Texas, KMQX(FM), Weatherford, Texas, KEQX(FM), Stephenville, Texas,
KQXS(FM), Stephenville, Texas, KSQX(FM), Springtown, Texas, and KQXE(FM),
Eastland, Texas ) ) ) ) ) ) ) )
)
)
) ) ) ) File No.: EB-08-IH-1459 NAL/Acct. No.: 201332080017 FRN No.:
0005813795 Facility ID No.: 62040 Facility ID No.: 89176 Facility ID No.:
89619 Facility ID No.: 89698 Facility ID No.: 62041 Facility ID No.: 89692
ORDER
Adopted: September 30, 2013 Released: September 30, 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 CSSI Non-Profit
Educational Broadcasting Corporation, Inc., licensee of the
above-captioned Stations (CSSI). The Consent Decree terminates the
Bureau's investigation of CSSI for possible violations of a 2007
Consent Decree,^ Section 399B of the Communications Act of 1934, as
amended,^ and Sections 73.503 and 73.3527 of the Commission's rules,^
by broadcasting prohibited advertisements over Station KYQX(FM),
Weatherford, Texas and by failing to make available and maintain
complete public inspection files for its captioned Stations.
2. The Bureau and CSSI 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 CSSI 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 CSSI, IS TERMINATED.
7. IT IS FURTHER ORDERED that any third-party complaints and allegations
against the Stations and/or CSSI related to the above-captioned
investigation that are pending before the Bureau 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 Charles H. Beard, President, and Melinda Beard,
Secretary, CSSI Non-Profit Educational Broadcasting Corporation, 905
Palo Pinto Street, Weatherford, Texas 76086; and to CSSI's counsel,
Lee G. Petro, Esquire, Drinker Biddle & Reath LLP, 1500 K Street,
N.W., Washington, D.C. 20005-1209. A copy of this Order and Consent
Decree also shall be sent by First Class Mail to complainant's
counsel, Erwin G. Krasnow, Esquire, Garvey Schubert Barer, 1000
Potomac Street, N.W., Fifth Floor, Washington, D.C. 20007.
FEDERAL COMMUNICATIONS COMMISSION
Robert H. Ratcliffe
Acting Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of CSSI NON-PROFIT EDUCATIONAL BROADCASTING CORPORATION
Licensee of Noncommercial Educational FM Stations KYQX(FM), Weatherford,
Texas, KMQX(FM), Weatherford, Texas, KEQX(FM), Stephenville, Texas,
KQXS(FM), Stephenville, Texas, KSQX(FM), Springtown, Texas, and KQXE(FM),
Eastland, Texas ) ) ) ) ) ) ) ) ) ) ) ) File No.: EB-08-IH-1459 NAL/Acct.
No.: 201332080017 FRN No.: 0005813795 Facility ID No.: 62040 Facility ID
No.: 89176 Facility ID No.: 89619 Facility ID No.: 89698 Facility ID No.:
62041 Facility ID No.: 89692
CONSENT DECREE
1. The Enforcement Bureau of the Federal Communications Commission and
CSSI Non-Profit Educational Broadcasting Corporation (CSSI), by their
authorized representatives, enter into this Consent Decree for the
purpose of terminating the Bureau's investigation into whether CSSI
violated a 2007 Consent Decree,^ Section 399B of the Communications
Act of 1934, as amended,^ and Sections 73.503 and 73.3527 of the
Commission's rules,^ by broadcasting prohibited advertisements over
Station KYQX(FM), Weatherford, Texas and by failing to make available
and maintain complete public inspection files for its captioned
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 an Order of the Bureau adopting the terms of
this Consent Decree without change, addition, deletion, or
modification.
c. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission.
d. "Commission" and "FCC" mean the Federal Communications Commission and
all of its bureaus and offices.
e. "Communications Laws" mean, collectively, the Act, the Rules, and
published and promulgated orders and decisions of the Commission to
which Licensee is subject by virtue of being a Commission licensee,
including, but not limited to Sections 73.503(d) and 73.3527 of the
Commission's rules.
f. "Compliance Officer" means the individual designated in Paragraph 11
of this Consent Decree as the person responsible for administration of
the Compliance Plan.
g. "Compliance Plan" means the compliance obligations, program, and
procedures described in this Consent Decree at Paragraph 12.
h. "Compliance Report" or "Compliance Reports" means the report(s)
described in this Consent Decree at Paragraph 14.
i. "Complaint" means the third-party complaint^ received by, or in the
possession of, the Commission or Bureau, as of the Effective Date,
alleging violations of the Underwriting Laws and Public File Rule by
the above-captioned stations.
j. "2007 Consent Decree" means the Order and Consent Decree entered into
by the Enforcement Bureau and CSSI Non-Profit Educational Broadcasting
Corporation, Licensee of Noncommercial Educational Stations KSQX(FM),
Springtown, Texas, KMQX(FM), Weatherford, Texas, and KYQX(FM),
Weatherford, Texas, on February 15, 2007.^
k. "Covered Employee" means all employees and agents of Licensee who
perform, or supervise, oversee, or manage the performance of, duties
related to Licensee's responsibilities under the Public File Rule
and/or the Underwriting Laws, including but not limited to, any
Licensee employees with on-air duties or programming responsibilities.
l. "Effective Date" means the date on which the Bureau releases the
Adopting Order.
m. "Investigation" means the investigation commenced by the Bureau's
October 28, 2009^ and May 6, 2010 Letters of Inquiry^ regarding
whether Licensee violated the Underwriting Laws in connection with its
operation of Station KYQX(FM) on various dates from December 1, 2007,
through May 6, 2010, and Licensee's compliance with the Public File
Rule on various dates in 2008.
n. "Licensee" means CSSI Non-Profit Educational Broadcasting Corporation.
o. "NAL" means the Notice of Apparent Liability for Forfeiture issued by
the Chief, Investigations and Hearings Division, to CSSI Non-Profit
Educational Broadcasting Corporation, on March 25, 2013.^
p. "Operating Procedures" means the standard, internal operating
procedures and compliance policies established by Licensee to
implement the Compliance Plan.
q. "Parties" means Licensee and the Bureau, and each of which is a
"Party."
r. "Public File Rule" means Section 73.3527 of the Rules.
s. "Rules" means the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
t. "Stations" means noncommercial educational radio Stations KYQX(FM),
Weatherford, Texas, Facility ID No. 62040, KMQX(FM), Weatherford,
Texas, Facility ID No. 89176, Station KEQX(FM), Stephenville, Texas,
Facility ID No. 89619, KQXS(FM), Stephenville, Texas, Facility ID No.
89698, KSQX(FM), Springtown, Texas, Facility ID No. 62041, and
KQXE(FM), Eastland, Texas, Facility ID No. 89692.
u. "Underwriting Laws" means 47 U.S.C. S 399b and 47 C.F.R. S 73.503(d).
II. BACKGROUND
3. 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 Underwriting Laws 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.^ With regard to the Public File Rule, licensees must maintain
files of documents specified by Commission rules and must make such
files available for public inspection at any time during regular
business hours.^
4. The Commission received a Complaint alleging, among other things, that
CSSI violated the Underwriting Laws and the terms of the 2007 Consent
Decree by airing a number of announcements on Station KYQX(FM) on
March 12 and 13, 2008, that constituted advertisements. In addition,
the Complaint alleged that CSSI failed to adhere to the 2007 Consent
Decree's Compliance Plan requirements.^ The Complaint also alleged
that CSSI violated its Public Inspection File obligations on June 6,
2008, by failing to make available the Stations' six public files and
to maintain in such files all documents as specified by Commission
rules.^ In response, the Bureau issued Letters of Inquiry directing
CSSI to submit, among other things, sworn written statements relating
to its compliance with the Underwriting Laws, the Public File Rule,
and the 2007 Consent Decree.^
5. CSSI responded on December 7, 2009, and June 11, 2010.^ In general,
CSSI admits that it broadcast certain complained-of underwriting
announcements over Station KYQX(FM) between March 1, 2008, and April
30, 2010, and provided recordings and/or confirmed the accuracy of
transcripts of the complained-of announcements submitted with the
Complaint.^ CSSI argues, however, that the complained-of underwriting
announcements did not violate the Underwriting Laws and that it did
not violate the terms of the 2007 Consent Decree. CSSI also contends
that on June 6, 2008, it did not deny access to the Stations' public
files, and that the public files contained all required documents.^
6. After conducting a comprehensive review and analysis of the record,
the Bureau issued an NAL to CSSI, finding it apparently liable for the
willful violation of the Public File Rule based on its failure to make
available the Stations' public inspection files on June 6, 2008.^ The
NAL also specifically noted that the Bureau would address in a
separate item the underwriting allegations, because
those allegations concerned only Station KYQX(FM).^ Thereafter, the
Parties agreed to enter this Consent Decree.
III. TERMS OF AGREEMENT
7. 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.
8. Jurisdiction. 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.
9. Effective Date; Violations; Termination of 2007 Consent Decree. The
Parties agree that on the Effective Date as defined herein, this
Consent Decree shall become effective and the 2007 Consent Decree
shall terminate. 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.
10. 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 terminating the Investigation,
Licensee agrees to the terms, conditions, and procedures contained
herein. The Bureau further agrees that, in the absence of material new
evidence, the Bureau 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 new proceeding,
formal or informal, or take any action on its own motion against
Licensee concerning the matters that were the subject of the
Investigation. The Bureau also agrees that it will not, in the absence
of material new evidence, 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 Licensee with respect to
Licensee's basic qualifications, including its character
qualifications, to be a Commission licensee or to hold Commission
licenses or authorizations.
11. Compliance Officer. Within thirty (30) calendar days after the
Effective Date, Licensee shall designate an individual to serve as its
Compliance Officer, who shall be responsible for administering the
Compliance Plan. The Compliance Officer, if not an FCC regulatory
counsel or in-house counsel, shall be a senior corporate manager with
the requisite corporate and organizational authority to serve as its
Compliance Officer. The Compliance Officer, if not an FCC regulatory
counsel or in-house counsel, shall consult and be assisted by outside
regulatory counsel and shall be responsible for developing,
implementing, and administering a company-wide Compliance Plan and
ensuring that Licensee complies with the terms and conditions of the
Compliance Plan and this Consent Decree. In addition to possessing the
general knowledge of the Act and the Rules necessary to discharge
his/her duties under this Consent Decree, the Compliance Officer shall
have specific knowledge of the Underwriting Laws and Public File Rule
before assuming his/her duties.
12. Compliance Plan. For purposes of settling the matters set forth
herein, Licensee agrees that it shall, within sixty (60) calendar days
of the Effective Date, implement a company-wide Compliance Plan
designed to prevent the broadcast of material in violation of the
Underwriting Laws and ensure future compliance with the Public File
Rule, the Communications Laws, and the terms and conditions of this
Consent Decree. The Compliance Plan shall include, at a minimum, the
following components:
a. Consultation with Counsel. If the Compliance Officer is not an FCC
regulatory counsel or in-house counsel, Licensee shall consult with
outside FCC regulatory counsel regarding Licensee's overall compliance
with the Underwriting Laws and Public File Rule. Such consultations
shall occur on a biannual basis, if not more frequently.
b. Operating Procedures. Within sixty (60) calendar days after the
Effective Date, Licensee shall establish Operating Procedures that all
Covered Employees must follow to help ensure Licensee's compliance
with the Communications Laws, including the Underwriting Laws and the
Public File Rule. Licensee's Operating Procedures shall include
internal procedures and policies specifically designed to ensure that
Licensee complies with the Underwriting Laws and the Public File Rule.
Licensee shall use a multi-level review procedure for underwriting
content to be aired on the Stations. The Compliance Officer, or a
management-level employee of Licensee directly supervised by the
Compliance Officer, shall review all scripts of underwriting
announcements prior to broadcast. Licensee shall develop an
Underwriting Compliance Checklist that describes the steps that a
Covered Employee must follow to ensure that all material approved for
broadcast is consistent with relevant past Commission precedent
regarding the Underwriting Laws. Licensee also shall develop a Public
Inspection File Compliance Checklist that describes the steps that a
Covered Employee must follow to ensure compliance with the Public File
Rule. At a minimum, the Public Inspection File Compliance Checklist
shall require Covered Employees to ensure that public inspection files
of Licensee's stations are available for inspection at any time during
regular business hours and contain all documents required by the
Public File Rule.
c. Compliance Manual. Within sixty (60) calendar days of the Effective
Date, Licensee shall develop and distribute a Compliance Manual to all
Covered Employees. The Compliance Manual shall explain the Public File
Rule and the Underwriting Laws and set forth the Operating Procedures
that the Covered Employees shall follow to help ensure Licensee's
compliance with the Communications Laws, including the Underwriting
Laws and the Public File Rule. Licensee shall periodically review and
revise the Compliance Manual as necessary to ensure the information
set forth therein remains current and complete. Licensee shall
distribute any revisions to the Compliance Manual promptly to all
Covered Employees.
d. Compliance Training Program. Within ninety (90) calendar days of the
Effective Date, Licensee shall train any Covered Employee on the
Operating Procedures, as well as acceptable underwriting content that
complies with the Underwriting Laws, and compliance with the Public
File Rule. Licensee also shall train any new Covered Employee, within
thirty (30) days of that employee's becoming a Covered Employee, on
the Operating Procedures, as well as acceptable underwriting content
that complies with the Underwriting Laws, and compliance with the
Public File Rule. As part of such training, Covered Employees shall be
advised of Licensee's obligation to report any noncompliance with the
Underwriting Laws and Public File Rule under Paragraph 13 of this
Consent Decree and shall be instructed on how to disclose
noncompliance to the Compliance Officer. In addition, Licensee shall
conduct annual training regarding existing guidelines and, where
applicable, pertinent changes to the Underwriting Laws and Public File
Rule. Licensee shall periodically review and revise the Compliance
Training Program as necessary to ensure that it remains current and
complete and to enhance its effectiveness.
e. Compliance Education Program. Licensee shall implement and maintain a
plan to educate prospective underwriters about appropriate
underwriting content and about how Licensee incorporates such
underwriting content in the announcements that it prepares for
underwriter approval and eventual broadcast over the Stations. To that
end, Licensee shall summarize the Underwriting Laws for each
prospective client before accepting any contract with a prospective
client to air underwriting announcements over any of the Stations, and
shall prepare the underwriting announcement for the underwriter's
review. Licensee shall not broadcast over any Station any announcement
that does not comply with the Underwriting Rules.
13. Reporting Noncompliance. Licensee shall report any instance of
noncompliance with the Underwriting Laws and Public File Rule as
reflected in the Communications Laws, relevant past Commission
precedent 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 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
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
Jeffrey J. Gee at Jeffrey.Gee@fcc.gov, Kenneth M. Scheibel, Jr. at
Kenneth.Scheibel@fcc.gov, Dana E. Leavitt at Dana.Leavitt@fcc.gov, and
Melanie Godschall at Melanie.Godschall@fcc.gov.
14. Compliance Reports. 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
Licensee's efforts during the relevant period to comply with the terms
and conditions of this Consent Decree, the Underwriting Laws, and the
Public File Rule. In addition, each Compliance Report shall include a
certification by the Compliance Officer, as an agent and on behalf of
Licensee, stating that the Compliance Officer has personal knowledge
that Licensee (i) has established and implemented the Compliance Plan;
(ii) has utilized the Operating Procedures since the implementation of
the Compliance Plan, intended to ensure compliance with the terms and
conditions of this Consent Decree, the Underwriting Laws, and the
Public File Rule consistent with relevant past Commission precedent;
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 13 hereof, the Underwriting Laws,
and the Public File Rule.
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 and on behalf of Licensee, shall
provide the Commission with a detailed explanation of the reason(s)
why and describe fully: (i) each instance of noncompliance with this
Consent Decree, the Underwriting Laws, and the Public File Rule; and
(ii) the steps that Licensee has taken or will take to remedy such
noncompliance, including the schedule on which proposed remedial
actions will be taken; and (iii) the steps that 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 Jeffrey J. Gee at
Jeffrey.Gee@fcc.gov, Kenneth M. Scheibel, Jr. at
Kenneth.Scheibel@fcc.gov, Dana E. Leavitt at Dana.Leavitt@fcc.gov, and
Melanie Godschall at Melanie.Godschall@fcc.gov.
15. Termination Date. Unless stated otherwise, the requirements set forth
in Paragraphs 11 through 14 of this Consent Decree shall expire
thirty-six (36) months after the Effective Date.
16. Underwriting and Public Inspection File Complaints; Subsequent
Investigations. Except as set forth in Paragraph 10 of this Consent
Decree, nothing in this Consent Decree shall prevent the Commission or
its delegated authority from adjudicating complaints filed pursuant to
the Underwriting Laws and the Public File Rule against 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 Licensee with the Act or the Rules.
17. Voluntary Contribution. Licensee has provided sufficient evidence of
financial hardship and agrees that it shall make a voluntary
contribution to the United States Treasury in the amount of Four
Thousand Five Hundred dollars ($4,500.00) in twelve (12) quarterly
installments ("Installment Payments"), each in the amount of Three
Hundred Seventy-Five Dollars ($375.00), with the first to be due
thirty (30) days following the Effective Date and the remaining eleven
(11) to be due on the first day of each third successive month.
Licensee acknowledges and agrees that upon execution of this Consent
Decree, the Voluntary Contribution and each Installment Payment shall
become a "Claim" or "Debt" as defined in 31 U.S.C. S 3701(b)(1). Upon
an Event of Default by Nonpayment (as described below in paragraph
18), all procedures for collection as permitted by law may, at the
Commission's discretion, be initiated. In addition, Licensee agrees
that it will make the first and all subsequent Installment Payments in
United States Dollars without further demand or notice by the dates
specified above. Licensee shall also send electronic notification of
payment to Jeffrey J. Gee at Jeffrey.Gee@fcc.gov, Kenneth M. Scheibel,
Jr. at Kenneth.Scheibel@fcc.gov, Dana E. Leavitt at
Dana.Leavitt@fcc.gov, and Melanie Godschall at
Melanie.Godschall@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, Licensee shall 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 based on
the form of payment selected:^
* 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 the 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 the 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. If assistance is needed, Licensee shall contact the
Financial Operations Group Help Desk by phone, 1-877-480-3201, or by
e-mail, [1]ARINQUIRIES@fcc.gov, for answers to questions regarding
payment.
18. Event of Default by Nonpayment. Licensee agrees that an Event of
Default by Nonpayment shall occur upon the failure by Licensee to pay
the full amount of any Installment Payment on or before the due date
specified in this Consent Decree.
19. Interest, Charges for Collection, and Acceleration of Maturity Date.
Upon an Event of Default by Nonpayment under this Consent Decree,
automatically and without further notice, the then entire unpaid
amount of the Voluntary Contribution shall accrue interest computed
using the U.S. Prime Rate in effect on the date of the Event of
Default by Nonpayment plus 4.75 percent from the date of the Event of
Default until payment in full.
20. Upon an Event of Default, the then unpaid amount of the Voluntary
Contribution, together with interest, as aforesaid, any penalties
permitted and/or required by the law, including but not limited to 31
U.S.C. S 3717 and administrative charge(s), plus the costs of
collection, litigation, and attorneys' fees, is accelerated and shall
become immediately due and payable, without notice, presentment,
demand, protest, or notice of protest of any kind, all of which are
waived by Licensee.
21. Waivers. 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. 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 Licensee nor the Commission shall contest the
validity of the Consent Decree or the Adopting Order, and Licensee
shall waive any statutory right to a trial de novo. 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.
22. Severability. The Parties agree that if any of the provisions of the
Adopting Order or the Consent Decree shall be invalid or
unenforceable, such invalidity or unenforceability shall not
invalidate or render unenforceable the entire Adopting Order or
Consent Decree, but rather the entire Adopting Order or Consent Decree
shall be construed as if not containing the particular invalid or
unenforceable provision or provisions, and the rights and obligations
of the Parties shall be construed and enforced accordingly. 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.
23. 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 Licensee does not expressly
consent) that provision will be superseded by such Commission rule or
order.
24. Successors and Assigns. Licensee agrees that the provisions of this
Consent Decree shall be binding on its successors, assigns, and
transferees.
25. Admission of Liability. Notwithstanding any of Licensee's prior
submissions in this proceeding, Licensee admits, for Commission civil
enforcement purposes and in express reliance on the provisions of
Paragraph 10 herein, that its actions with respect to the broadcast of
certain underwriting announcements, as referenced in Paragraph 4 of
this Consent Decree, violated the Underwriting Laws in force at the
time of such actions, and that its actions on June 6, 2008, denied
access to the Stations' public files and thus violated the Public File
Rule in force at the time of such actions.
26. Final Settlement. The Parties agree and acknowledge that this Consent
Decree shall constitute a final settlement between the Parties with
respect to the Investigation and the NAL.
27. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
28. 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.
29. Authorized Representative. Each party represents and warrants to the
other that it has full power and authority to enter into this Consent
Decree. The individual signing this Consent Decree on behalf of
Licensee represents and warrants that he is authorized by Licensee to
execute this Consent Decree and to bind 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.
30. 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
________________________________
Charles H. Beard
President
CSSI Non-Profit Educational Broadcasting Corporation
^ CSSI Non-Profit Educational Broadcasting Corporation, Order and Consent
Decree, 22 FCC Rcd 3314 (Enf. Bur. 2007) (2007 Consent Decree).
^ 47 U.S.C. S 399b.
^ 47 C.F.R. SS 73.503(d), 73.3527.
^ See 47 U.S.C. SS 154(i), 154(j), 503(b).
^ See 47 C.F.R. SS 0.111, 0.311.
^ CSSI Non-Profit Educational Broadcasting Corporation, Order and Consent
Decree, 22 FCC Rcd 3314 (Enf. Bur. 2007) (2007 Consent Decree).
^ 47 U.S.C. S 399b.
^ 47 C.F.R. SS 73.503(d), 73.3527.
^ Complaint of Graham Newspapers, Inc. (Jun. 13, 2008) (on file in
EB-08-IH-1459). At the time that the Complaint was filed, Graham was the
licensee of Stations KSWA(AM) and KWKQ(FM), Graham, Texas, and Stations
KLXK(FM) and KROO(AM), Breckenridge, Texas. The licenses for these
stations were subsequently assigned to a liquidating trust in connection
with the bankruptcy of Graham's parent company, Affiliated Media, Inc.,
File Nos. BAL-20100127ADA and BALH-20100127ADB, granted Feb. 24, 2010 and
consummated Mar. 17, 2010.
^ See supra note 1.
^ Letter from Kenneth M. Scheibel, Jr., Assistant Chief, Investigations
and Hearings Division, FCC Enforcement Bureau, to CSSI Non-Profit
Educational Broadcasting Corporation (Oct. 28, 2009) (on file in
EB-08-IH-1459).
^ Letter from Anjali K. Singh, Acting Assistant Division Chief,
Investigations and Hearings Division, FCC Enforcement Bureau, to CCSI
Non-Profit Educational Broadcasting Corporation (May 6, 2011) (on file in
EB-08-IH-1459).
^ CSSI Non-Profit Educational Broadcasting Corporation, Notice of Apparent
Liability for Forfeiture, 28 FCC Rcd 3087 (Enf. Bur. 2013) (NAL).
^ 47 U.S.C. S 399b(a).
^ 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) (1986 Public Notice).
^ See id.
^ ^ See Xavier University, Memorandum Opinion and Order, 5 FCC Rcd 4920,
4921, para. 6 (1990) (citing 1986 Public Notice).
^ See id.
^ ^ 47 C.F.R. SS 73.3527(a)(2), 73.3527(e), 73.3527(c)(1).
^ See Complaint.
^ ^ See id.
^ ^ See supra notes 6 & 7.
^ ^ Letter from Charles H. Beard, President, CSSI Non-Profit Educational
Broadcasting Corporation to Marlene H. Dortch, Secretary, Federal
Communications Commission (Dec. 7, 2009) (on file in EB-08-IH-1459);
Erratum from Charles H. Beard, President, CSSI Non-Profit Educational
Broadcasting Corporation to Marlene H. Dortch, Secretary, Federal
Communications Commission (Dec. 11, 2009) (on file in EB-08-IH-1459);
Letter from Charles H. Beard, President, CSSI Non-Profit Educational
Broadcasting Corporation to Marlene H. Dortch, Secretary, Federal
Communications Commission (June 11, 2010) (on file in EB-08-IH-1459) (LOI
Responses).
^ LOI Responses.
^ Id.
^ NAL, 28 FCC Rcd at 3087.
^ Id. at 3087 n. 3.
^ See 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 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 ARINQUIRIES@fcc.gov.
Federal Communications Commission DA 13-2007
2
Federal Communications Commission DA 13-2007
References
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