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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of LIBERMAN BROADCASTING, INC. KRCA License LLC Licensee of
Stations KRCA(TV) Riverside, California and KPNZ(TV), Ogden, Utah Liberman
Television of Dallas License LLC Licensee of Station KMPX(TV) Decatur,
Texas KZJL License LLC Licensee of Station KZJL(TV) Houston, Texas ) ) ) )
) ) ) )
)
)
) ) ) ) ) ) ) ) ) ) ) File No.: EB-11-IH-0395 et al. NAL/Acct. No.:
201432080011 FRN No.: 0010612695 Facility ID No.: 22161 Facility ID No.:
77512 Facility ID No.: 73701 Facility ID No.: 69531
ORDER
Adopted: November 14, 2013 Released: November 14, 2013
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau (Bureau) and Liberman Broadcasting,
Inc., the ultimate parent company of, inter alia, the licensees of the
above-captioned stations (LBI). The Consent Decree terminates the
Bureau's investigation of LBI for possible violations of Section 1464
of Title 18, United States Code, and Section 73.3999 of the
Commission's rules^ by its broadcast of potentially indecent, profane
or obscene material over its stations.
2. The Bureau and LBI 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 LBI 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
LBI or its stations, IS TERMINATED.
7. IT IS FURTHER ORDERED that any third-party complaints and allegations
against LBI and/or its stations 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 Lenard D. Liberman, President, Liberman
Broadcasting, Inc., 1845 West Empire Avenue, Burbank, CA, 91504, and
LBI's counsel, James R. Bayes, Esq., and Eve Klindera Reed, Esq.,
Wiley Rein LLP, 1776 K Street NW, Washington, DC 20006.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of LIBERMAN BROADCASTING, INC. KRCA License LLC Licensee of
Stations KRCA(TV) Riverside, California and KPNZ(TV), Ogden, Utah Liberman
Television of Dallas License LLC Licensee of Station KMPX(TV) Decatur,
Texas KZJL License LLC Licensee of Station KZJL(TV) Houston, Texas ) ) ) )
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) File No.: EB-11-IH-0395 et al. NAL/Acct.
No.: 201432080011 FRN No.: 0010612695 Facility ID No.: 22161 Facility ID
No.: 77512 Facility ID No.: 73701 Facility ID No.: 69531
CONSENT DECREE
1. The Enforcement Bureau of the Federal Communications Commission and
Liberman Broadcasting, Inc., the ultimate parent company of the
above-captioned licensees, by their authorized representatives, enter
into this Consent Decree for the purpose of terminating the Bureau's
investigation into whether Liberman Broadcasting, Inc., violated
Section 1464 of Title 18, United States Code,^ and Section 73.3999 of
the Commission's rules,^ by broadcasting indecent, profane or obscene
material over the above-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. "Compliance Officer" means the individual designated in Paragraph 9 of
this Consent Decree as the person responsible for administration of
the Compliance Plan.
f. "Compliance Plan" means the compliance obligations, program, and
procedures described in this Consent Decree at Paragraph 10.
g. "Complaints" means all third-party complaints^ received by, or in the
possession of, the Commission or Bureau, as of the Effective Date,
alleging violations of the Indecency Laws by Licensee.
h. "Covered Employee" means all employees and agents of Licensee who
perform, or supervise, oversee, or manage the performance of, duties
related to Licensee's programming, including but not limited to any
employees with on-air duties or programming responsibilities.
i. "Effective Date" means the date on which the Bureau releases the
Adopting Order.
j. "Indecency Laws" means 18 U.S.C. S 1464 and 47 C.F.R. S 73.3999.
k. "Investigation" means the investigation commenced by the Bureau's
August 13, 2007 Letter of Inquiry,^ and the Bureau's June 16, 2011
Letter of Inquiry^ relating to Complaints alleging that Licensee
violated the Indecency Laws in connection with its operation of the
stations on various dates from September 15, 2006, through the
Effective Date.
l. "Jose Luis" means the hour-long, Spanish-language, Liberman-produced
program entitled "Jose Luis Sin Censura" (Jose Luis Uncensored).
m. "Liberman" means Liberman Broadcasting, Inc., the ultimate parent
company of, inter alia, KRCA License LLC; KZJL License LLC; and
Liberman Television of Dallas License LLC, which hold the FCC
broadcast licenses of the captioned stations.
n. "Licensee" means Liberman Broadcasting, Inc., and all of its
subsidiaries that hold authorizations for radio and television
broadcast stations.
o. "Operating Procedures" means the standard, internal operating
procedures and compliance policies established by Licensee to
implement the Compliance Plan.
p. "Parties" means Licensee and the Bureau, and each of which is a
"Party."
q. "Rules" means the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
II. BACKGROUND
3. Pursuant to Title 18 of the United States Code, Section 1464, the
utterance of "any obscene, indecent or profane language by means of
radio communication" is prohibited.^ In addition, Section 73.3999 of
the Rules provides that radio and television stations shall not
broadcast obscene material at any time^ and, consistent with a
subsequent statute and court case, shall not broadcast indecent
material between 6:00 a.m. and 10:00 p.m.^
4. The Commission received Complaints alleging that Liberman stations
broadcast material that violates the Indecency Laws. A number of
Complaints specifically cite material broadcast during certain
episodes of the now-discontinued Spanish-language program Jose Luis,
which aired between 6 a.m. and 10 p.m. In response, the Bureau issued
Letters of Inquiry to Licensee, directing it to submit video or audio
recordings of the complained-of broadcasts and to submit sworn,
written responses to questions relating to possible violations of the
Indecency Laws.^ Liberman responded on September 19, 2007,^ and
September 14, 2011.^ With certain exceptions, Liberman admits that it
broadcast the material at issue^ and included video recordings of that
programming with its Responses. Liberman has consistently maintained
that the broadcasts did not violate the Indecency Laws.^ The Bureau
disagrees. Liberman also points out that, as of August 8, 2012, it
ceased airing Jose Luis, and explains that it has otherwise revised
its programming line-up and no longer produces a program similar to
Jose Luis.^
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. 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 Bureau. Any
violation of the Adopting Order or of the terms of this Consent Decree
shall constitute a separate violation of a Bureau order, entitling the
Bureau to exercise any rights and remedies attendant to the
enforcement of a Commission order.
8. Termination of Investigation. In express reliance on the covenants and
representations in this Consent Decree and to avoid further
expenditure of public resources, the Bureau agrees to terminate the
Investigation and dismiss the Complaints. In consideration for the
termination of the Investigation, Licensee agrees to the terms,
conditions, and procedures contained herein. The Bureau further agrees
that, in the absence of material new evidence unrelated to programming
that has already been reviewed, 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 or
in response to any petition to deny or other third-party objection,
any new proceeding, formal or informal, or take any action against
Licensee concerning the matters that were the subject of or related to
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 or in response to any
petition to deny or other third-party objection any proceeding, formal
or informal, or take any action against Licensee with respect to
Licensee's basic qualifications, including its character
qualifications, to be a Commission licensee.
9. Compliance Officer. Within thirty (30) calendar days after the
Effective Date, Licensee shall designate a corporate manager with the
requisite corporate and organizational authority to serve as its
Compliance Officer, who 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
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 Indecency Laws before assuming his/her
duties.
10. Compliance Plan. For purposes of settling the matters set forth
herein, Licensee agrees to create and implement within sixty (60)
calendar days of the Effective Date a company-wide Compliance Plan
designed to prevent the broadcast of material in violation of the
Indecency Laws, to the extent possible based on written Commission
decisions regarding the Indecency Laws that are legally in effect
(i.e., not stayed, modified, or overturned by a reviewing court of
competent jurisdiction at the time of the broadcast), and to ensure
compliance with the Act, the Rules, the Commission's orders, and the
terms and conditions of this Consent Decree. The Compliance Plan shall
include, at a minimum, the following components:
a. 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 Indecency Laws. Licensee's Operating Procedures shall include
internal procedures and policies specifically designed to ensure that
the Compliance Officer, or a management-level employee of Licensee
directly supervised by the Compliance Officer, conducts a
pre-broadcast review of any content that such employee reasonably
believes, based on written Commission decisions that are legally in
effect at the time of the broadcast, raises a substantial question
under the Indecency Laws, including script review of programs produced
by Licensee. Licensee also shall develop a Compliance Checklist that
describes the steps that a Covered Employee must follow pursuant to
the Operating Procedures to help ensure Licensee's compliance with the
Indecency Laws.
b. Compliance Manual. Within sixty (60) calendar days of the Effective
Date, Licensee shall prepare a compliance manual regarding the
Indecency Laws and shall distribute the manual to all Covered
Employees. The Compliance Manual shall explain the Indecency Laws,
based on written Commission decisions regarding the Indecency Laws
that are legally in effect, that Covered Employees shall follow to
help ensure Licensee's compliance with these laws. Licensee shall
periodically review and revise the Compliance Manual as necessary to
reflect material changes. Licensee shall distribute any revisions to
the Compliance Manual promptly to all Covered Employees.
c. Training. Within ninety (90) calendar days of the Effective Date,
Licensee shall train any Covered Employee on what constitutes program
content that complies with the Indecency Laws based on written
Commission decisions regarding the Indecency Laws that are legally in
effect. Licensee also shall train any new Covered Employee, within
thirty (30) days of that employee's becoming a Covered Employee, on
what constitutes content that complies with the Indecency Laws based
on written Commission decisions regarding the Indecency Laws that are
legally in effect. In addition, Licensee's Covered Employees shall
receive refresher training, on an annual basis, regarding existing
guidelines and, where applicable, pertinent changes to the Indecency
Laws based on written Commission decisions regarding the Indecency
Laws that are legally in effect. As part of such training, Covered
Employees shall be advised of Licensee's obligation to report any
noncompliance with the Indecency Laws, based on written Commission
decisions regarding the Indecency Laws that are legally in effect at
the time of a broadcast, under the terms this Consent Decree and shall
be instructed on how to disclose noncompliance to the Compliance
Officer.
d. Reporting Noncompliance. Licensee shall report any noncompliance with
the Indecency Laws based on written Commission decisions regarding the
Indecency Laws that are legally in effect 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 Theresa Z. Cavanaugh
at Terry.Cavanaugh@fcc.gov, Jeffrey J. Gee at Jeffrey.Gee@fcc.gov,
Kenneth M. Scheibel, Jr. at Kenneth.Scheibel@fcc.gov, and to Dana E.
Leavitt at Dana.Leavitt@fcc.gov.
11. Compliance Reports. Licensee shall file Compliance Reports
("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. Each Compliance Report shall include
a compliance certificate from the Compliance Officer, as an agent of
Licensee, stating that the Compliance Officer has personal knowledge
that Licensee: (i) has established operating procedures intended to
ensure compliance with the terms and conditions of this Consent Decree
and the Indecency Laws based on written Commission decisions regarding
the Indecency Laws that are legally in effect, together with an
accompanying statement explaining the basis for the Compliance
Officer's certification; (ii) has been utilizing those procedures
since the previous Compliance Report was submitted; and (iii) is not
aware of any instances of non-compliance with this Consent Decree and
the Indecency Laws based on written Commission decisions regarding the
Indecency Laws that are legally in effect. The certification must
comply with Section 1.16 of the Rules^ and be subscribed to as true
under penalty of perjury in substantially the form set forth therein.
If the Compliance Officer cannot provide the requisite certification,
the Compliance Officer, as an agent of and on behalf of Licensee,
shall provide the Commission with a detailed explanation of: (i) any
instances of non-compliance with this Consent Decree and the Indecency
Laws based on written Commission decisions regarding the Indecency
Laws that are legally in effect; and (ii) the steps that Licensee has
taken or will take to remedy each instance of non-compliance and
ensure future compliance, and the schedule on which proposed remedial
actions will be taken. All Compliance Reports shall be submitted to
the Chief, Investigations and Hearings Division, Enforcement Bureau,
Federal Communications Commission, Room 4-C330, 445 12th Street, S.W.,
Washington, D.C. 20554, with a copy submitted electronically to
Jeffrey J. Gee at Jeffrey.Gee@fcc.gov, Kenneth M. Scheibel, Jr. at
Kenneth.Scheibel@fcc.gov, and to Dana E. Leavitt at
Dana.Leavitt@fcc.gov.
12. Termination Date. Unless stated otherwise, the requirements set forth
in paragraphs 9 through 11 of this Consent Decree shall expire
thirty-six (36) months after the Effective Date.
13. Indecency Complaints; Subsequent Investigations. Subject to Paragraph
8, nothing in this Consent Decree shall prevent the Commission or its
delegated authority from adjudicating complaints filed pursuant to the
Indecency Laws against Licensee or its affiliates that are filed after
the Effective Date and relate to programming that has not already been
reviewed, or for alleged violations of other provisions of the Act or
the Commission's rules or for any other type of alleged misconduct,
regardless of when such alleged 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.
14. Voluntary Contribution. Licensee agrees that it shall make a voluntary
contribution to the United States Treasury in the aggregate amount of
One Hundred Ten Thousand Dollars ($110,000) in eight (8) quarterly
installments ("Installment Payments"), each in the amount of Thirteen
Thousand Seven Hundred Fifty Dollars ($13,750), with the first to be
due thirty (30) days following the Effective Date and the remaining
seven (7) 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
15), 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 also shall send electronic notification of
payment to Jeffrey J. Gee at Jeffrey.Gee@fcc.gov, Kenneth M. Scheibel,
Jr. at Kenneth.Scheibel@fcc.gov, and to Dana E. Leavitt at
Dana.Leavitt@fcc.gov on the date each such payment is made. Each
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, ARINQUIRIES@fcc.gov, for answers to questions regarding
payment.
15. 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.
16. 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 rate of the U.S. Prime Rate in effect on the date of the
Event of Default plus 4.75%, from the date of the Event of Default
until payment in full. 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.
17. 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.
18. 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.
19. 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.
20. Successors and Assigns. Licensee agrees that the provisions of this
Consent Decree shall be binding on its successors, assigns, and
transferees.
21. Admission. Notwithstanding any of Licensee's prior submissions in this
proceeding, Licensee admits, solely for the purpose of this Consent
Decree and for Commission civil enforcement purposes and in express
reliance on the provisions of Paragraph 8 herein, that its actions
with respect to the broadcast of certain portions of certain episodes
of Jose Luis, as referenced in Paragraph 4 of this Consent Decree,
inadvertently violated the Commission's interpretation of its
indecency regulations and requirements in force at the time of such
actions, assuming construction of those regulations and requirements
as Licensee has been informed they are construed by the FCC as of the
date hereof.
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. 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 she is signing
this Consent Decree in her official capacity and that she 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.
________________________________
P. Michele Ellison
Chief
Enforcement Bureau
________________________________
Date
________________________________
Lenard Liberman
President and Chief Executive Officer
Liberman Broadcasting, Inc.
________________________________
Date
^ 18 U.S.C. S 1464; 47 C.F.R. S 73.3999.
^ See 47 U.S.C. SS 154(i), 154(j), 503(b).
^ See 47 C.F.R. SS 0.111, 0.311.
^ 18 U.S.C. S 1464.
^ 47 C.F.R. S 73.3999.
^ See, e.g., Complaint filed by Alex Nogales, President and CEO, National
Hispanic Media Coalition, and Jarrett Tomas Barrios, Esq., President, Gay
& Lesbian Alliance Against Defamation (Feb. 28, 2011) (on file in
EB-11-IH-0395).
^ Letter from Benigno E. Bartolome, Deputy Chief, Investigations and
Hearings Division, FCC Enforcement Bureau, to KRCA License Corporation
(Aug. 13, 2007) (on file in EB-07-IH-0152).
^ Letter from Jeffrey J. Gee, Deputy Chief, Investigations and Hearings
Division, FCC Enforcement Bureau, to Liberman Broadcasting, Inc. (Jun. 16,
2011) (on file in EB-11-IH-0395).
^ 18 U.S.C. S 1464.
^ 47 C.F.R. S 73.3999.
^ See Public Telecommunications Act of 1992, Pub. L. No. 102-356, 106
Stat. 949 (1992) (setting the safe harbor of 10:00 p.m. to 6:00 a.m. for
the broadcast of indecent material); Action for Children's Television v.
FCC, 58 F.3d 654, 656 (D.C. Cir. 1995) (en banc) (affirming restrictions
prohibiting the broadcast of indecent material between the hours of 6:00
a.m. and 10:00 p.m.) ("ACT III"), cert. denied, 516 U.S. 1072 (1996).
^ See supra notes 4, 5.
^ Letter from Jose Liberman, President, KRCA License Corp., to Marlene H.
Dortch, FCC Secretary (Sep. 19, 2007) (on file in EB-07-IH-0152).
^ Letter from Lenard Liberman, President, Liberman Broadcasting, Inc., to
Marlene H. Dortch, FCC Secretary (Sep. 14, 2011) (on file in
EB-11-IH-0395) (2011 Response), as supplemented by Letter from Liberman's
counsel, James R. Bayes, Esq., and Eve K. Reed, Esq., Wiley Rein LLP, to
Marlene H. Dortch, FCC Secretary (Aug. 2, 2012) (on file in EB-11-IH-0395)
(August 2012 Supplement); Letter from James R. Bayes, Esq., and Eve K.
Reed, Esq., Wiley Rein LLP, to Marlene H. Dortch, FCC Secretary (Sep. 6,
2012) (on file in EB-11-IH-0395) (September 2012 Supplement); and Letter
from James R. Bayes, Esq., and Eve K. Reed, Esq., Wiley Rein LLP, to
Marlene H. Dortch, FCC Secretary (Feb. 27, 2013) (on file in
EB-11-IH-0395) (collectively, Responses).
^ Liberman denies having aired certain material alleged in certain
Complaints. See, e.g., 2011 Response at 16.
^ See, e.g., 2011 Response at 5-15, August 2012 Supplement; September 2012
Supplement.
^ See September 2012 Supplement.
^ See 47 C.F.R. S 1.16.
^ Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat.
1321, 1358 (Apr. 26, 1996).
^ An FCC Form 159 and detailed instructions for completing the form may be
obtained at http://www.fcc.gov/Forms/Form159/159.pdf.
Federal Communications Commission DA 13-2036
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Federal Communications Commission DA 13-2036