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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of KCETLink Licensee of Noncommercial Educational TV Station
KCET, Los Angeles, California ) ) ) ) ) ) ) File No.: EB-10-LA-0214
NAL/Acct. No.: 201132900003 FRN: 0001529213 Facility ID No.: 13058
ORDER
Adopted: March 27, 2013 Released: March 28, 2013
By the Regional Director, Western Region, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau (Bureau) of the Federal Communications
Commission and KCETLink, Licensee of Noncommercial Educational TV
Station KCET, Los Angeles, California.^ The Consent Decree resolves
and terminates the Bureau's investigation into KCETLink's compliance
with Section 73.3527(c) of the Commission's rules^ concerning the
availability of the Station KCET public inspection file.
2. The Bureau and KCETLink have negotiated the Consent Decree that
resolves this matter, including a detailed, two-year compliance plan
requirement. A copy of the Consent Decree is attached hereto and
incorporated herein by reference.
3. After reviewing the terms of the Consent Decree and evaluating the
facts before us, we find that the public interest would be served by
adopting the Consent Decree and terminating the investigation.
4. In the absence of material new evidence relating to this matter, we
conclude that our investigation raises no substantial or material
questions of fact as to whether KCETLink 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 Commission's rules,^ the Consent Decree
attached to this Order IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned investigation, as to
the Station and/or the Licensee, IS TERMINATED.
7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
shall be sent by first class mail and certified mail, return receipt
requested, to KCETLink, 2900 West Almeda Avenue, Burbank, CA 91505,
and its counsel of record, Maureen R. Jeffreys, Esquire, Arnold &
Porter, LLP, 555 Twelfth Street, NW, Washington, D.C. 20004.
FEDERAL COMMUNICATIONS COMMISSION
Rebecca L. Dorch
Regional Director
Western Region
Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of KCETLink Licensee of Noncommercial Educational TV Station
KCET, Los Angeles, California ) ) ) ) ) ) ) ) File No.: EB-10-LA-0214
NAL/Acct. No.: 201132900003 FRN: 0001529213 Facility ID No.: 13058
CONSENT DECREE
The Enforcement Bureau of the Federal Communications Commission and
KCETLink, by their authorized representatives, hereby enter into this
Consent Decree for the purpose of terminating the Bureau's investigation
into possible violations of Section 73.3527(c) of the Commission's rules^
pertaining to the availability of the Station KCET public inspection file.
I. DEFINITIONS
1. 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" means collectively, the Act, the Rules, and the
published and promulgated orders and decisions of the Commission to
which KCETLink is subject by virtue of its business activities.
f. "Compliance Plan" means the compliance obligations, programs, and
procedures described in this Consent Decree at paragraph 9.
g. "Covered Employees" means all employees and agents of KCETLink who
perform, or supervise, oversee, or manage the performance of, duties
that relate to KCETLink's responsibilities under the Public Inspection
File Rules.
h. "Effective Date" means the date on which the Bureau releases the
Adopting Order.
i. "KCETLink" means KCETLink, and its predecessors-in-interest and
successors-in-interest.
j. "Investigation" means the investigation commenced by the Bureau's Los
Angeles District Office regarding the availability of the Station KCET
public inspection file.
k. "NAL" means the Notice of Apparent Liability for Forfeiture released
by the Bureau on February 8, 2011, Community Television of Southern
California, 26 FCC Rcd 1107 (Enf. Bur. 2011).
l. "Operating Procedures" means the standard, internal operating
procedures and compliance policies established by KCETLink to
implement the Compliance Plan.
m. "Parties" means KCETLink and the Bureau, each of which is a "Party."
n. "Public Inspection File Rules" means Section 73.3527 of the Rules and
other Communications Laws governing the public inspection files of
noncommercial educational stations.
o. "Rules" means the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
p. "Station" means Broadcast Station KCET, Los Angeles, California
(Facility ID No. 13058).
II. BACKGROUND
2. In early August 2010, following press reports that KCETLink was
considering ending the Station's carriage of Public Broadcasting
Service (PBS) programming because of expense issues, the Station began
receiving threats from anonymous individuals. In response, the Station
put security measures in place, including restricting public access to
the Station's main studio.^ On August 19 and 20, 2010, an agent from
the Enforcement Bureau's Los Angeles District Office sought access to
the Station during regular business hours to review the public
inspection file. The agent initially did not identify himself as an
FCC agent, and due to the security concerns, Station personnel refused
to allow him into the Station without an appointment. When the agent
ultimately identified himself as an FCC agent, however, Station
personnel permitted him to enter, where he inspected the public
inspection file and found that it complied with FCC rules.
3. On February 8, 2011, the Enforcement Bureau's Los Angeles District
Office issued an NAL to KCETLink for apparent willful and repeated
violation of the Public Inspection File Rules for failing to make the
Station KCET public inspection file available for inspection during
regular business hours. KCETLink filed a response to the NAL on March
8, 2011, stating it had delayed providing access to its public
inspection file because the agent had not initially identified himself
as an FCC agent and the Station recently had imposed heightened
security at the main studio in response to threats. Subsequently,
KCETLink and the Bureau entered into settlement discussions.
III. TERMS OF AGREEMENT
4. 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.
5. Jurisdiction. KCETLink 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.
6. 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.
7. 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, KCETLink 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 KCETLink 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 KCETLink
with respect to KCETLink's basic qualifications, including its
character qualifications, to be a Commission licensee or to hold
Commission licenses or authorizations.
8. Compliance Officer. Within thirty (30) calendar days after the
Effective Date, KCETLink 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 KCETLink 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 Public Inspection File Rules prior to
assuming his/her duties.
9. Compliance Plan. For purposes of settling the matters set forth
herein, KCETLink agrees that it shall within sixty (60) calendar days
after 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 Public Inspection File Rules, KCETLink shall implement the
following procedures:
(a) Operating Procedures on Public Inspection File Rules. Within
sixty (60) calendar days after the Effective Date, KCETLink shall
establish Operating Procedures that all Covered Employees must follow to
help ensure KCETLink's compliance with the Public Inspection File Rules.
KCETLink's Operating Procedures shall include internal procedures and
policies specifically designed to ensure that KCETLink complies with the
requirements of the Public Inspection File Rules. KCETLink also shall
develop a Compliance Checklist that describes the steps that a Covered
Employee must follow to ensure compliance with the Public Inspection File
Rules. At a minimum, the Compliance Checklist shall require Covered
Employees to ensure that the Public Inspection File Rules are being
followed.
(b) Compliance Manual. Within sixty (60) calendar days after the
Effective Date, the Compliance Officer shall develop and distribute a
Compliance Manual to all Covered Employees. The Compliance Manual shall
explain the Public Inspection File Rules and set forth the Operating
Procedures that Covered Employees shall follow to help ensure KCETLink's
compliance with the Public Inspection File Rules. KCETLink shall
periodically review and revise the Compliance Manual as necessary to
ensure that the information set forth therein remains current and
complete. KCETLink shall distribute any revisions to the Compliance
Manual promptly to all Covered Employees.
(c) Compliance Training Program. KCETLink shall establish and
implement a Compliance Training Program on compliance with the Public
Inspection File Rules and the Operating Procedures. As part of the
Compliance Training Program, Covered Employees shall be advised of
KCETLink's obligation to report any noncompliance with the Public
Inspection File Rules under paragraph 10 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 sixty (60) 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. KCETLink 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.
10. Reporting Noncompliance. KCETLink shall report any noncompliance with
the Public Inspection File Rules and with the terms and conditions of
this Consent Decree within fifteen (15) calendar days after discovery
of such noncompliance. Such reports shall include a detailed
explanation of (i) each instance of noncompliance; (ii) the steps that
KCETLink 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 KCETLink has taken or will take to prevent the
recurrence of any such noncompliance. All reports of noncompliance
shall be submitted to the Federal Communications Commission,
Enforcement Bureau, Western Region, Los Angeles Office, 18000
Studebaker Rd., #660, Cerritos, California, 90703, with a copy
submitted electronically to [1]WR-RESPONSE@fcc.gov.
11. Compliance Reports. KCETLink shall file Compliance Reports with the
Commission ninety (90) calendar days after the Effective Date, twelve
(12) months after the Effective Date, and twenty-four (24) months
after the Effective Date.
(a) Each compliance report shall include a detailed description of
KCETLink efforts during the relevant period to comply with the terms and
conditions of this Consent Decree and the Public Inspection File Rules.
In addition, each Compliance Report shall include a certification by the
Compliance Officer, as an agent of and on behalf of KCETLink, stating that
the Compliance Officer has personal knowledge that KCETLink (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 paragraph 10 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
KCETLink, 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 KCETLink 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 KCETLink 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 Federal
Communications Commission, Enforcement Bureau, Western Region, Los Angeles
Office, 18000 Studebaker Rd., #660, Cerritos, California, 90703, with a
copy submitted electronically to [2]WR-RESPONSE@fcc.gov.
12. Termination Date. Unless stated otherwise, the obligations set forth
in paragraphs 8 through 11 of this Consent Decree shall expire
twenty-four (24) months after the Effective Date.
13. Complaints; Subsequent Investigations. Nothing in this Consent Decree
shall prevent the Commission or its delegated authority from
adjudicating complaints against KCETLink for alleged violations of the
Act, 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 KCETLink with the Communications Laws.
14. Voluntary Contribution. KCETLink agrees that it will make a voluntary
contribution to the United States Treasury in the amount of six
thousand dollars ($6,000) within thirty (30) calendar days after the
Effective Date. KCETLink shall also send electronic notification of
payment to WR-RESPONSE@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.
If you have questions regarding payment procedures, please contact the
Financial Operations Group Help Desk by phone, 1-877-480-3201, or by
e-mail, ARINQUIRIES@fcc.gov.
15. Waivers. KCETLink 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. KCETLink 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 KCETLink nor the Commission shall contest the
validity of the Consent Decree or of the Adopting Order, and KCETLink
shall waive any statutory right to a trial de novo. KCETLink 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.
16. 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.
17. 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 KCETLink does not expressly
consent) that provision will be superseded by such Rule or Commission
order.
18. Successors and Assigns. KCETLink agrees that the provisions of this
Consent Decree shall be binding on its successors, assigns, and
transferees.
19. 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. The Parties further agree
that this Consent Decree does not constitute either an adjudication on
the merits or a factual or legal finding or determination regarding
any compliance or noncompliance with the requirements of the
Communications Laws. The Parties agree that this Consent Decree is for
settlement purposes only and that, by agreeing to this Consent Decree,
KCETLink does not admit or deny noncompliance, violation, or liability
for any violation of the Communications Laws in connection with the
matters that are the subject of the Investigation, NAL, or this
Consent Decree.
20. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
21. 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.
22. Authorized Representative. The individual signing this Consent Decree
on behalf of KCETLink represents and warrants that he is authorized by
KCETLink to execute this Consent Decree and to bind KCETLink 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.
23. 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.
________________________________ Rebecca L. Dorch Regional Director
Western Region Enforcement Bureau ________________________________ Date
________________________________ Al Jerome President and Chief Executive
Officer KCETLink ________________________________ Date
^ By letter dated January 4, 2013, counsel to KCETLink notified the
Commission of the corporate name change of the licensee of Station KCET,
Los Angeles, California, from Community Television of Southern California
to KCETLink. See Letter from Maureen R. Jeffreys, Arnold & Porter LLP, to
Marlene H. Dortch, Secretary, Federal Communications Commission (Jan. 4,
2013). The name change did not involve a change in the ownership or
control of the stations involved. Id.
^ 47 C.F.R. S 73.3527(c).
^ 47 U.S.C. SS 154(i), 154(j), 503(b).
^ 47 C.F.R. SS 0.111, 0.311.
^ 47 C.F.R. S 73.3527(c).
^ In response to the credible threats of violence against the Station,
KCETLink also requested, and received, permission from the Commission's
Media Bureau to refile its ownership reports omitting the individual
addresses of KCETLink's board members. See, e.g. , File No. BOA -
20100730AAE, accepted August 2, 2010, amendment accepted October 12, 2010.
^ 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.
Federal Communications Commission DA 13-556
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Federal Communications Commission DA 13-556
Federal Communications Commission DA 13-556
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Federal Communications Commission DA 13-556
References
Visible links
1. mailto:WR-RESPONSE@fcc.gov
2. mailto:WR-RESPONSE@fcc.gov