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                                   Before the

                       Federal Communications Commission

                              Washington, DC 20554

   In the Matter of DEBORAH SALAZAR Applicant in Auction No. 79 ) ) ) ) ) ) )
   File No.: EB-12-IH-1483 Acct. No.: 201332080018 FRN: 0018897298




                                     ORDER

   Adopted: May 9, 2013 Released: May 14, 2013

   By the Chief, Enforcement Bureau:

    1. In this Order, we adopt a Consent Decree entered into between the
       Enforcement Bureau (Bureau) of the Federal Communications Commission
       and Deborah Salazar. The Consent Decree terminates the Bureau's
       investigation into possible violations by Deborah Salazar of Section
       1.2105(c) of the Commission's Rules, 47 C.F.R. S 1.2105(c), relating
       to prohibited contacts and communications and the non-disclosure of
       such contacts and communications in Commission auctions.

    2. A copy of the Consent Decree, negotiated by the Bureau and Deborah
       Salazar, is attached hereto and incorporated herein by reference.

    3. After evaluating the facts before us and reviewing the terms of the
       Consent Decree, 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 Deborah Salazar 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) 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 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: James L. Oyster, Esq., counsel for Deborah Salazar, 108
       Oyster Lane, Castleton, VA 22716-28391.

   FEDERAL COMMUNICATIONS COMMISSION

   P. Michele Ellison

   Chief, Enforcement Bureau

   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of DEBORAH SALAZAR Applicant in Auction No. 79 ) ) ) ) ) )
   File No. EB-12-IH-1483 Acct. No. 201332080018 FRN No. 0018897298




                                 CONSENT DECREE

    1. The Enforcement Bureau of the Federal Communications Commission and
       Deborah Salazar, by their authorized representatives, hereby enter
       into this Consent Decree for the purpose of terminating the
       Enforcement Bureau's investigation into possible violations by Deborah
       Salazar with Section 1.2105(c) of the Commission's Rules,^ relating to
       prohibited contacts and communications and the non-disclosure of such
       contacts and communications in Commission auctions.

   I. DEFINITIONS

    2. For 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 this
            Consent Decree without any modifications adverse to 1 Ugly
            Enterprise, LLC.

         c. "1 Ugly Enterprise" means 1 Ugly Enterprise, LLC, of which
            Matthew Salazar is the sole principal, and its
            predecessors-in-interest and successors-in-interest.

         d. "Bureau" means the Enforcement Bureau of the Federal
            Communications Commission.

         e. "Commission" and "FCC" mean the Federal Communications Commission
            and all of its bureaus and offices.

         f. "Communications Laws" means collectively, the Act, the Rules, and
            the published and promulgated orders and decisions of the
            Commission to which Deborah Salazar is subject.

         g. "Deborah Salazar" means Deborah Salazar, an applicant in Auction
            No. 79.

         h. "Effective Date" means the date on which the Bureau releases the
            Adopting Order.

         i. "Investigation" means the Bureau's investigation of Deborah
            Salazar's compliance with Section 1.2105(c) of the Commission's
            rules, arising from her conduct in Auction No. 79.

         j. "Jesus Salazar" means Deborah Salazar's spouse, Matthew Salazar's
            father, and an authorized bidder for Deborah Salazar in Auction
            No. 79.

         k. "Matthew Salazar" means the sole principal of 1 Ugly Enterprise
            and the son of Deborah Salazar and Jesus Salazar.

         l. "Parties" means the Bureau and Deborah Salazar, each being a
            "Party."

         m. "Rules" means the Commission's regulations found in Title 47 of
            the Code of Federal Regulations.

   II. BACKGROUND

    3. Section 1.2105(c)(1) of the Rules, commonly referred to as the
       Commission's "anti-collusion rule," prohibits auction applicants for
       licenses in any of the same geographic license from "cooperating or
       collaborating with respect to, discussing with each other, or
       disclosing to each other in any manner the substance of their own, or
       each other's, or any other competing applicants' bids or bidding
       strategies, or discussing or negotiating settlement agreements" ^
       beginning immediately after the short-form application filing deadline
       until after the down payment deadline "unless such applicants are
       members of a bidding consortium or other joint bidding arrangement
       identified on the bidder's short-form application . . . ."^ In
       addition, Section 1.2105(c)(6) of the Rules requires that "[a]ny
       applicant that makes or receives a communication of bids or bidding
       strategies prohibited under [Section 1.2105(c)(1) of the Rules] shall
       report such communication in writing to the Commission immediately,
       and in no case later than five business days after the communication
       occurs."^

    4. On February 27, 2009, the Commission's Wireless Telecommunications
       Bureau and Media Bureau announced the auction of 122 FM broadcast
       construction permits in Auction No. 79.^ For Auction No. 79, the
       anti-collusion rule prohibitions were in effect from 6:00 p.m. ET on
       June 25, 2009, the short-form application filing deadline, until
       October 2, 2009, the down payment deadline.^ Bidding in Auction No. 79
       began on September 1, 2009, and concluded on September 15, 2009.

    5. 1 Ugly Enterprise is a limited liability company based in San Angelo,
       Texas. Its sole owner is Matthew Salazar. Deborah Salazar is an
       individual residing in Uvalde, Texas and is the mother of Matthew
       Salazar. On June 25, 2009, Deborah Salazar and 1 Ugly Enterprise each
       submitted a short-form application to participate in Auction No. 79.^
       In her short-form application, Deborah Salazar identified herself as
       an individual applicant and indicated that she intended to bid on FM
       construction permits in three markets, including Peach Springs,
       Arizona. 1 Ugly Enterprise also identified the construction permit for
       the Peach Springs, Arizona, market as among the construction permits
       on which it intended to bid. In her short-form application, Deborah
       Salazar specified that she and her spouse, Jesus Salazar, father of
       Matthew Salazar, would serve as authorized bidders. 1 Ugly Enterprise
       identified Matthew Salazar as its authorized bidder. Neither Deborah
       Salazar nor 1 Ugly Enterprise identified the existence of any joint
       bidding consortium or agreement between them nor did they disclose
       that Deborah Salazar and Jesus Salazar were Matthew Salazar's parents.
       Because these two applicants did not disclose the existence of any
       bidding agreement between them, the Commission's anti-collusion rule
       prohibited them from communicating with each other about bids or
       bidding strategies during the prescribed period.

    6. Deborah Salazar failed to submit an upfront payment to participate in
       Auction No. 79 and, therefore, did not engage in any bidding. 1 Ugly
       Enterprise, on the other hand, did submit an upfront payment,
       participated in the bidding, and ultimately was the winning bidder for
       an FM construction permit in Leakey, Texas. 1 Ugly Enterprise properly
       submitted its upfront payment along with a Remittance Advice Form (FCC
       Form 159). A review of the FCC Form 159 revealed that Jesus Salazar,
       the authorized bidder for Deborah Salazar, had signed the FCC Form 159
       certifying that he was the responsible party for making 1 Ugly
       Enterprise's upfront payment of $2,500. This prompted the Wireless
       Telecommunications Bureau to refer the matter to the Enforcement
       Bureau for investigation of a potential violation of Section 1.2105(c)
       of the Commission's Rules.

    7. On October 22, 2009, the Enforcement Bureau commenced its
       Investigation by issuing letters of inquiry to Deborah Salazar, Jesus
       Salazar and 1 Ugly Enterprise, LLC. The letters of inquiry sought
       information about, among other things, their respective conduct in
       Auction No. 79. In its response, 1 Ugly Enterprise stated that Matthew
       Salazar had communicated with Jesus Salazar a short time prior to the
       commencement of bidding regarding which construction permits 1 Ugly
       Enterprise intended to bid on in Auction No. 79. The record also
       revealed that Jesus Salazar had paid 1 Ugly Enterprise's upfront
       payment from his own account to the Commission's auction payment
       lockbox bank, the U.S. Bank in St. Louis, Missouri. The record also
       revealed that Deborah Salazar had called Jesus Salazar's bank to
       initiate the wire transfer for 1 Ugly Enterprise. Neither 1 Ugly
       Enterprise nor Deborah Salazar notified the Commission about the
       communication between the two or between 1 Ugly Enterprise and Jesus
       Salazar.

    8. Following the Investigation, the Bureau and Deborah Salazar entered
       into discussions aimed at resolving the Investigation. Between April
       and November, 2012, Deborah Salazar provided financial information to
       the Bureau documenting her claimed inability to pay a large forfeiture
       or voluntary contribution.

   III. TERMS OF AGREEMENT

    9. 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.

   10. Jurisdiction. Deborah Salazar agrees that the Bureau has jurisdiction
       over her and the matters contained in this Consent Decree and that the
       Bureau has authority to enter into and adopt this Consent Decree.

   11. 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.

   12. Termination of Investigation. Deborah Salazar represents that she does
       not hold any FCC licenses or authorizations in her own capacity. 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, Deborah Salazar 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 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 Deborah Salazar 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 Deborah Salazar with respect to Deborah Salazar's basic
       qualifications, including her character qualifications to be a
       Commission licensee or to hold Commission licenses or authorizations.

   13. Settlement Terms. For purposes of settling the matters set forth
       herein, Deborah Salazar agrees that she:

         a. will not participate in any future auctions conducted by the
            Commission in her own capacity;

         b. will not participate in any future auctions conducted by the
            Commission on behalf of any other person or entity; and

         c. will not hold a position or interest of any kind and to any
            extent whatsoever (financial or otherwise) in an entity that
            participates in any future auctions conducted by the Commission.
            Nothing in this subparagraph shall prevent Deborah Salazar from
            holding a position or interest in an entity that is publicly
            traded on the New York Stock Exchange or the NASDAQ Stock Market.

   14. Compliance Reports. Deborah Salazar shall file a Compliance Report
       with the Commission ninety (90) calendar 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. Deborah Salazar shall certify in her respective
       Compliance Reports to her compliance with the terms and conditions
       contained in this Consent Decree. If she is unable to provide the
       requisite certification, she shall provide a full and complete
       explanation of the reasons why she is not able to do so. 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 copies submitted electronically to Theresa Z. Cavanaugh at
       [1]Terry. Cavanaugh@fcc.gov and to Brian J. Carter at
       [2]Brian.Carter@fcc.gov.

   15. Voluntary Contribution. Deborah Salazar agrees that she will make a
       voluntary contribution to the United States Treasury in the total
       amount of $7,500.00. This amount was arrived at after careful
       consideration of Deborah Salazar's claimed inability to pay a large
       voluntary contribution and documentation submitted by Deborah Salazar
       to the Bureau in support thereof. The total payment shall be made
       within 30 days after the Effective Date of the Adopting Order. Deborah
       Salazar shall also send electronic notification of payment to Theresa
       Z. Cavanaugh at [3]Terry.Cavanaugh@fcc.gov and to Brian J. Carter at
       [4]Brian.Carter@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 regarding the form of
       payment:^

   o 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.

   o 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.

   o 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.

   Questions regarding payment procedures should be addressed to the
   Financial Operations Group Help Desk by phone at 1-877-480-3201, or by
   e-mail at [5]ARINQUIRIES@fcc.gov.

   16. Waivers.  Deborah Salazar waives any and all rights she 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. Deborah Salazar shall retain the
       right to challenge Commission interpretation of the Consent Decree or
       any terms contained herein. If any Party (or the United States on
       behalf of the Commission), brings a judicial action to enforce the
       terms of the Adopting Order, neither Deborah Salazar nor the
       Commission shall contest the validity of the Consent Decree or of the
       Adopting Order, and Deborah Salazar shall waive any statutory right to
       a trial de novo. Deborah Salazar hereby agrees to waive any claims she
       may otherwise have under the Equal Access to Justice Act^ relating to
       the matters addressed in this Consent Decree.

   17. Invalidity.  In the event that this Consent Decree in its entirety is
   rendered invalid by any court of competent jurisdiction, it shall become
   null and void and may not be used in any manner in any legal proceeding.

   18. Subsequent Rule or Order.  The Parties agree that if any provision of
   the Consent Decree conflicts with any subsequent Rule or order adopted by
   the Commission (except an order specifically intended to revise the terms
   of the Consent Decree to which Deborah Salazar does not expressly consent)
   that provision will be superseded by such Rule or Commission order.

   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. 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 Communications Laws.

   20. Modifications.  This Consent Decree cannot be modified without the
   advance written consent of all 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 Deborah Salazar represents and warrants that she is
   authorized to execute this Consent Decree. 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.

   By: _____________________________________ By:
   _______________________________

   P. Michele Ellison, Chief Deborah Salazar Enforcement Bureau

   Federal Communications Commission

   Date: ___________________________________ Date:
   _____________________________

   ^ 47 U.S.C. SS 154(i), 503(b).

   ^ 47 C.F.R. SS 0.111, 0.311.

   ^ 47 C.F.R. S 1.2105(c).

   ^ 47 C.F.R. S 1.2105(c)(1).

   ^ Id. S 1.2105(c)(6).

   ^ Auction of FM Broadcast Construction Permits Scheduled for September 1,
   2009; Comment Sought on Competitive Bidding Procedures For Auction 79,
   Public Notice, 24 FCC Rcd 2589 (2009).

   ^ Auction of FM Broadcast Construction Permits Scheduled for September 1,
   2009; Notice and Filing Requirements, Minimum Opening Bids, Upfront
   Payments and Other Procedures for Auction 79, Public Notice, 24 FCC Rcd
   4448 (2009).

   ^ See FCC Form 175 of Deborah Salazar, Application to Participate in an
   FCC Auction, submitted on June 25, 2009 at 2:52 p.m. ET; FCC Form 175 of 1
   Ugly Enterprise, LLC, Application to Participate in an FCC Auction,
   submitted on June 25, 2009 at 2:53 p.m. ET. 1 Ugly Enterprise and Deborah
   Salazar were classified as eligible to participate in the auction. See
   Auction of FM Broadcast Construction Permits: 77 Bidders Qualified to
   Participate in Auction 79, Public Notice, 24 FCC Rcd 10782 (2009).

   ^ An FCC Form 159 and detailed instructions for completing the form may be
   obtained at http://www.fcc.gov/Forms/Form159/159.pdf.

   ^ 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
   [6]ARINQUIRIES@fcc.gov.

   ^ Equal Access to Justice Act, Pub L. No. 96-481, 94 Stat. 2325 (1980)
   (codified at 5 U.S.C. S 504); see also 47 C.F.R. SS 1.1501-1.1530.

                  Federal Communications Commission DA 13-683

   1

                                       2

                                  Federal Communications Commission DA 13-683

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References

   Visible links
   1. mailto:Cavanaugh@fcc.gov
   2. mailto:Brian.Carter@fcc.gov
   3. mailto:Terry.Cavanaugh@fcc.gov
   4. mailto:Brian.Carter@fcc.gov
   5. mailto:ARINQUIRIES@fcc.gov
   6. mailto:ARINQUIRIES@fcc.gov