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Federal Communications Commission DA 16-415
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
St. George Cable, Inc.
St. George Island, Florida
)
)
)
)
)
)
)
File No.: EB-FIELDSCR-12-00004560
NAL/Acct. Nos.: 201232700008
FRN: 0021185574
Community Unit ID: FL1401
PSID: 021652
ORDER
Adopted: April 29, 2016 Released: April 29, 2016
By the Chief, Enforcement Bureau:
1. The Enforcement Bureau (Bureau) of the Federal Communications Commission has
entered into a Consent Decree to resolve its investigation into whether St. George Cable, Inc. (St.
George), violated the Commission’s rules, by failing to: (1) install and maintain operational Emergency
Alert System (EAS) equipment, (2) operate its cable system within required signal leakage limits, (3)
immediately suspend operations as directed by a Bureau order and resume operations only with written
authorization, and (4) register its cable system with the Commission. Every analog and digital cable
system is required to participate in the nationwide EAS network. The Commission’s EAS rules require
all EAS participants to ensure that EAS encoders, EAS decoders, and attention signal generating and
receiving equipment are installed so that the monitoring and transmitting functions are available during
the times the systems are in operation. In addition, the Commission has established cable signal leakage
rules to control emissions that could cause cable systems to interfere with aviation frequencies. Signal
leakage levels that exceed the Commission’s defined thresholds are considered harmful interference.
Furthermore, in the event that a cable system causes such harmful interference, and the interference
cannot be promptly eliminated by the application of suitable techniques, the Commission’s rules require
that cable system to suspend its operations immediately until the interference has been eliminated.
Finally, the Rules requires cable operators to submit a registration statement with the Commission on
FCC Form 322.
2. To settle this matter, St. George admits that its operations violated the Commission’s
rules, will implement a comprehensive compliance plan, and will pay a $2500 civil penalty for which it
has a demonstrated ability to pay. The remainder of the civil penalty proposed in the NAL in this
proceeding will be suspended.
1
However, St. George will pay the remainder of the original proposed civil
penalty if the Commission finds during the next three years that the company failed to comply with the
Commission’s EAS Rules, Cable Signal Leakage Rules, or Registration Rules, or that St. George misled
the Commission regarding its current financial status.
3. After reviewing the terms of the Consent Decree and evaluating the facts before us,
including St. George’s showing of substantial financial hardship, we find that the public interest would be
served by adopting the attached Consent Decree and resolving NAL against St. George regarding its
1
St. George Cable, Inc., Notice of Apparent Liability for Forfeiture and Order, 27 FCC Rcd 11447 (2012) (NAL).
Federal Communications Commission DA 16-415
2
compliance with Sections 11.35(a), 76.605(a)(12), 76.611(a)(1), 76.613(c), and 76.1801 of the
Commission’s rules (Rules).
2
4. In the absence of material new evidence relating to this matter, we do not set for hearing
the question of St. George’s basic qualifications to hold or obtain any Commission license or
authorization.
3
5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the
Communications Act, as amended
4
and the authority delegated by Sections 0.111 and 0.311 of the Rules,
5
the attached Consent Decree IS ADOPTED and its terms incorporated by reference.
6. IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED, and
the NAL IS RESOLVED in accordance with the terms of the attached Consent Decree.
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 St. George Cable at P.O Box 1090,
St. George Island, Florida 32328.
FEDERAL COMMUNICATIONS COMMISSION
Travis LeBlanc
Chief
Enforcement Bureau
2
47 C.F.R. §§ 11.35(a), 76.605(a)(12), 76.611(a)(1), 76.613(c), and 76.1801.
3
See 47 CFR § 1.93(b).
4
47 U.S.C. § 154(i), 503(b).
5
47 C.F.R. §§ 0.111, 0.311.
Federal Communications Commission DA 16-415
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
St. George Cable, Inc.
St. George Island, Florida
)
)
)
)
)
)
)
)
File No.: EB-11-TP-0102
NAL/Acct. No.: 201232700008
FRN: 0021185574
Community Unit ID: FL1401
PSID: 021652
CONSENT DECREE
1. The Enforcement Bureau of the Federal Communications Commission and St. George Cable,
Inc. (St. George), by their authorized representatives, hereby enter into this Consent Decree for the
purpose of terminating the Enforcement Bureau’s investigation into whether St. George violated Sections
11.35(a), 76.605(a)(12), 76.611(a)(1), 76.613(c), and 76.1801 of the Commission’s rules by failing to (1)
install and maintain operational Emergency Alert System (EAS) equipment, (2) operate its cable system
within required signal leakage limits, (3) immediately suspend operations as directed by a Bureau order
and resume operations only with written authorization, and (4) register its cable system with the
Commission.
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.
1
(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) “Cable Signal Leakage Rules” means Sections 76.605(a), 76.611(a)(1) and
76.613(c) of the Rules; and other provisions of the Act, the Rules, and Commission
orders related to technical standards, cable television basic signal leakage criteria,
and interference from multi-channel video programming distributors.
2
(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 St. George is
subject by virtue of its business activities, including but not limited to the Cable
Signal Leakage Rules, EAS Rules, and Registration Rules.
(g) “Compliance Plan” means the compliance obligations, program, and procedures
described in this Consent Decree at paragraph 11.
(h) “Covered Employees” means all employees and agents of St. George who perform,
1
47 U.S.C. § 151 et seq.
2
47 C.F.R. §§ 76.605(a), 76.611(a)(1), 76.613(c).
Federal Communications Commission DA 16-415
2
or supervise, oversee, or manage the performance of, duties that relate to St.
George’s responsibilities under the Communications Laws, including the Cable
Signal Leakage Rules, EAS Rules, and Registration Rules.
(i) “Effective Date” means the date by which both the Bureau and St. George have
signed the Consent Decree.
(j) “EAS Rules” means Sections 11.35(a) of the Rules; and other provisions of the Act,
the Rules, and Commission orders related to Emergency Alert System equipment
operational readiness.
3
(k) “Investigation” means the investigation commenced by the Bureau in File No. EB-
11-TP-0102 regarding whether St. George violated the Cable Signal Leakage Rules,
EAS Rules, and Registration Rules, which culminated in the issuance of the NAL.
(l) “Notices of Apparent Liability for Forfeiture” or “NAL” means St. George Cable,
Inc., Notice of Apparent Liability for Forfeiture and Order, 27 FCC Rcd 11447
(2012).
(m) “Operating Procedures” means the standard, internal operating procedures and
compliance policies established by St. George to implement the Compliance Plan.
(n) “Parties” means St. George and the Bureau, each of which is a “Party.”
(o) “Registration Rules” means Sections 76.1801 of the Rules; and other provisions of
the Act, the Rules, and Commission orders related to cable system registration and
reporting requirements.
4
(p) “Rules” means the Commission’s regulations found in Title 47 of the Code of
Federal Regulations.
(q) “St. George” means St. George Cable, Inc., and its affiliates, subsidiaries, and
predecessors-in-interest.
II. BACKGROUND
3. The Commission has established cable signal leakage rules to control emissions that
could cause cable systems to interfere with aviation frequencies.
5
The signal leakage levels that exceed
the Commission’s defined thresholds are considered harmful interference.
6
In addition, Section 76.1801
3
47 C.F.R. § 11.35(a).
4
47 C.F.R. § 76.1801.
5
See Amendment of Part 76 of the Commission’s Rules to Add Frequency Channeling Requirements and
Restrictions and to Require Monitoring for Signal Leakage from Cable Television Systems, Memorandum Opinion
and Order, Docket No. 21006, 101 FCC 2d 117, 123–124, para. 14 (1985). Protecting the aeronautical frequencies
from harmful interference is of paramount importance. The “aeronautical bands” are 108–137 MHz and 225–400
MHz. These frequencies encompass both radio navigation frequencies, 108–118 MHz and 328.6–335.4 MHz, and
communications frequencies, 118–137 MHz, 225–328.6 MHz and 335.4–400 MHz. Harmful interference includes
any interference that “endangers the functioning of a radio navigation service or of other safety services.” See 47
C.F.R. §§ 2.1, 76.613(a). NAL, 27 FCC Rcd at 11447–11448, para. 2.
6
To this end, the Commission has determined the tolerable levels of unwanted signals on the aeronautical
frequencies in two ways. First, pursuant to Section 76.605(a)(12) of the Rules, signal leakage at any given point in
the cable system must not exceed 20 microvolts per meter (µV/m). See 47 C.F.R. § 76.605(a)(12). Second, Section
76.611(a)(1) of the Rules states that no cable television system shall provide service in the aeronautical bands unless
the system’s Cumulative Leakage Index (CLI) complies with the limits established in the Rules (i.e., a CLI of less
than or equal to 64). See 47 C.F.R. § 76.611(a)(1). The Commission requires that each cable system annually
measure and report its CLI to demonstrate safe levels of signal leakage. Id. Furthermore, in the event that harmful
interference cannot be promptly eliminated by the application of suitable techniques, Section 76.613(c) of the Rules
(continued….)
Federal Communications Commission DA 16-415
3
of the Rules requires cable operators to submit a registration statement with the Commission on FCC
Form 322.
7
In addition, every analog and digital cable system is required to participate in the nationwide
EAS network.
8
Section 11.35 of the Rules requires all EAS participants to ensure that EAS encoders,
EAS decoders, and attention signal generating and receiving equipment are installed so that the
monitoring and transmitting functions are available during the times the systems are in operation.
9
4. St. George is a small cable operator providing cable service to approximately 750
residents of St. George Island, Florida. On September 30, 2011, the Bureau issued a Notice of Apparent
Liability for Forfeiture and Order (First NAL) to St. George for its apparent willful and repeated
violations of Sections 11.35(a), 76.605(a)(12), 76.611(a), and 76.1801 of the Rules in January 2011.
10
St.
George did not file a response to the First NAL and a Forfeiture Order assessing the proposed $25,000
forfeiture was subsequently issued.
11
Due to its significant financial issues, St. George is paying off that
Forfeiture Order pursuant to a payment plan. After a subsequent investigation in September and October
2011, and March 2012, the Commission, on September 6, 2012, issued an additional NAL against St.
George for apparently violating Sections 11.35(a), 76.605(a)(12), 76.611(a), 76.613(c), and 76.1801 of the
Rules by failing to (1) install and maintain operational Emergency Alert System (EAS) equipment, (2)
operate its cable system within required signal leakage limits, (3) immediately suspend operations as
directed by a Bureau order and resume operations only with written authorization, and (4) register its cable
system with the Commission.
12
In response to the second NAL, St. George provided multiple documents
showing that the signal leaks had been fixed and that the EAS equipment was now operational; however,
it also asserted that it had insufficient finances to pay the proposed forfeiture. In order to demonstrate this,
St. George provided a substantial amount of financial documentation, including three years of tax returns,
(Continued from previous page)
states that “operation of the offending system or elements shall immediately be suspended upon notification by . . .
the Commission’s local field office, and shall not be resumed until the interference has been eliminated to the
satisfaction of the [local field office].” 47 C.F.R. § 76.613(c). NAL, 27 FCC Rcd at 11447–11449, paras. 2–7.
7
47 C.F.R. § 76.1801. “A system community unit shall be authorized to commence operation only after filing with
the Commission [certain] information on FCC Form 322.” According to Commission records, St. George submitted
a Form 322 on December 16, 2011. See NAL, 27 FCC Rcd at 11450, paras. 10–11.
8
47 C.F.R. §§ 11.11, 11.41. The EAS enables the President and state and local governments to provide immediate
communications and information to the general public. 47 C.F.R. §§ 11.1, 11.21. State and local area plans identify
local primary sources responsible for coordinating carriage of common emergency messages from the sources such
as the National Weather Service or local emergency management officials. 47 C.F.R. § 11.18. State EAS plans
contain guidelines that must be followed by broadcast and cable personnel, emergency officials and National
Weather Service personnel to activate the EAS for state and local emergency alerts. The state plans include the EAS
header codes and messages to be transmitted by the primary state, local, and relay EAS sources. 47 C.F.R. § 11.21.
Required monthly and weekly tests originate from EAS Local or State Primary sources and must be retransmitted by
the participating station. 47 C.F.R. §§ 11.61. NAL, 27 FCC Rcd at 11449–11450, paras. 8–9.
9
47 C.F.R. § 11.35.
10
See St. George Cable, Inc., Notice of Apparent Liability for Forfeiture and Order, 26 FCC Rcd 13520, 13520-
13521 (Enf. Bur. 2011)(First NAL). Specifically, on January 11 and 13, 2011, agents from the Tampa Office
observed fourteen leaks that exceeded 100 µV/m at 3 meters in the system. On both dates, the CLI for the St.
George Island cable system was calculated to be 64.88, an amount in excess of the acceptable limit. In addition, as
of January 14, 2011, agents from the Tampa Office observed that St. George had never installed EAS equipment for
its system. Further, agents from the Tampa Office confirmed that, as of September 23, 2011, St. George had never
registered its system on a Form 322. On February 28, 2011, St. George informed the Tampa Office that it had
repaired all of the leaks found in the January inspection and brought the system’s CLI into compliance. See First
NAL, 26 FCC Rcd at 13520–13521, paras. 2–4.
11
St. George Cable, Inc., Forfeiture Order, 26 FCC Rcd 16027 (Enf. Bur. 2011) (Forfeiture Order).
12
NAL, 27 FCC Rcd at 11451–11456, paras. 14–25. The NAL includes a more complete recitation of the facts and
history of this case and is incorporated herein by reference.
Federal Communications Commission DA 16-415
4
comprehensive assets and liabilities summaries, and several years of profit/loss statements.
13
As
negotiations for settlement commenced, St. George continued to supplement its financial data, which
clearly demonstrated that it had experienced a significant and continuing decrease in revenue and
profitability over a multi-year time frame.
III. TERMS OF AGREEMENT
5. Adopting Order. The provisions of this Consent Decree shall be incorporated by the
Bureau in an Adopting Order.
6. Jurisdiction. St. George agrees that the Bureau has jurisdiction over it and the matters
contained in this Consent Decree and 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 Parties agree that this
Consent Decree shall have the same force and effect as any other order of the Commission.
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. In consideration for the termination of the Investigation, St. George agrees to
the terms, conditions, and procedures contained herein. The Bureau further 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 new proceeding, formal or
informal, or take any action on its own motion against St. George concerning the matters that were the
subject of the Investigation.
9. Admission of Liability. St. George admits 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 the operation of its cable system violated the Cable Signal Leakage Rules, EAS Rules, and
Registration Rules, as detailed in paragraph 4 herein.
10. Compliance Officer. Within thirty (30) calendar days after the Effective Date, St.
George shall designate its owner/president to serve as a Compliance Officer and to discharge the duties
set forth below. The Compliance Officer shall be responsible for developing, implementing, and
administering the Compliance Plan and ensuring that St. George 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 Cable Signal Leakage Rules, EAS Rules, and Registration
Rules prior to assuming his/her duties.
11. Compliance Plan. For purposes of settling the matters set forth herein, St. George
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 Cable Signal Leakage Rules, EAS
Rules, and Registration Rules, St. George shall implement, at a minimum, the following procedures:
(a) Operating Procedures. Within sixty (60) calendar days after the Effective Date, St.
George shall establish Operating Procedures that all Covered Employees must follow
to help ensure St. George’s compliance with the Cable Signal Leakage Rules, EAS
Rules, and Registration Rules. The Compliance Officer shall ensure that St. George
will comply with the Commission’s requirements concerning technical standards,
cable television basic signal leakage criteria, and interference from multi-channel
video programming distributors, along with the Commission’s requirements
13
Response of St. George Cable, Inc., to Tampa Office, South Central Region, Enforcement Bureau at 1–5 (received
October 9, 2012) (on file in EB-11-TP-0102).
Federal Communications Commission DA 16-415
5
concerning cable system registration and reporting. The Compliance Officer shall
also ensure that St. George complies with the Commission’s requirements concerning
operational EAS equipment.
(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 Cable Signal Leakage Rules,
EAS Rules, and Registration Rules, and set forth the Operating Procedures that
Covered Employees shall follow to help ensure St. George’s compliance with the
Cable Signal Leakage Rules, EAS Rules, and Registration Rules. St. George shall
periodically review and revise the Compliance Manual as necessary to ensure that the
information set forth therein remains current and complete. St. George shall
distribute any revisions to the Compliance Manual promptly to all Covered
Employees.
(c) Compliance Training Program. St. George shall establish and implement a
Compliance Training Program on compliance with the Cable Signal Leakage Rules,
EAS Rules, and Registration Rules, and the Operating Procedures. As part of the
Compliance Training Program, Covered Employees shall be advised of St. George’s
obligation to report any noncompliance with the Cable Signal Leakage Rules, EAS
Rules, and Registration Rules, under paragraph 12 of this Consent Decree and shall
be instructed on how to disclose noncompliance to the Compliance Officer. All
Covered Employees shall be trained pursuant to the Compliance Training Program
within sixty (60) calendar days after the Effective Date, except that any person who
becomes a Covered Employee at any time after the initial Compliance Training
Program shall be trained within thirty (30) calendar days after the date such person
becomes a Covered Employee. St. George 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.
12. Reporting Noncompliance. St. George shall report any noncompliance with the Cable
Signal Leakage Rules, EAS Rules, and Registration 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 St. George
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 St. George has taken or will take to prevent the recurrence of any
such noncompliance. All reports of noncompliance shall be submitted to Federal Communications
Commission, Enforcement Bureau, Office of the Field Director, 445 12
th
Street, S.W., Washington, DC,
20554, with a copy submitted electronically to SCR-Response@fcc.gov.
13. Compliance Reports. St. George shall file Compliance Reports 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.
(a) Each Compliance Report shall include a detailed description of St. George’s efforts
during the relevant period to comply with the terms and conditions of this Consent
Decree and the Cable Signal Leakage Rules, EAS Rules, and Registration Rules. In
addition, each Compliance Report shall include a certification by the Compliance
Officer, as an agent of and on behalf of St. George, stating that the Compliance
Officer has personal knowledge that St. George: (i) has established and
implemented the Compliance Plan; and (ii) 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 12 of this Consent Decree.
Federal Communications Commission DA 16-415
6
(b) The Compliance Officer’s certification shall be accompanied by a statement
explaining the basis for such certification and shall 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.
14
(c) If the Compliance Officer cannot provide the requisite certification, the Compliance
Officer, as an agent of and on behalf of St. George, 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 St. George 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 St. George 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 Federal Communications
Commission, Enforcement Bureau, Office of the Field Director, 445 12
th
Street,
S.W., Washington, DC, 20554, with a copy submitted electronically to SCR-
Response@fcc.gov.
14. Termination Date. Unless stated otherwise, the requirements of paragraphs 10 through
13 of this Consent Decree shall expire thirty-six (36) months after the Effective Date.
15. Civil Penalty. In light of St. George’s demonstrated financial hardship and subject to the
provisions of paragraph 16 below, St. George will pay a civil penalty to the United States Treasury in the
amount of two thousand, five hundred dollars ($2,500) within thirty (30) calendar days of the Effective
Date (Civil Penalty). St. George acknowledges and agrees that upon execution of this Consent Decree,
the Civil Penalty shall become a “Claim” or “Debt” as defined in Section 3701(b)(1) of the Debt
Collection Improvement Act of 1996 (DCIA).
15
16. Suspended Penalty. St. George further agrees that, upon an Event of Default (as
described below in paragraph 18), it will pay a further civil penalty to the United States Treasury in the
amount of two hundred, thirty four thousand dollars ($234,000) (Additional Civil Penalty) shall also
become a “Claim” or “Debt” as defined in Section 3701(b)(1) of the DCIA,
16
and that all procedures for
collection of the Additional Civil Penalty may, at the Commission’s discretion, be initiated against St.
George. In the event St. George shall assign or transfer its cable system to a party not currently affiliated
with St. George, the Commission shall not enforce the Civil Penalty against such assignee or transferee.
17. Payment. St. George shall send electronic notification of payment to SCR-
Response@fcc.gov on the date 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.
17
When completing the FCC Form 159, enter the NAL/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 that should be followed 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 Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-
14
47 C.F.R. § 1.16.
15
Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996) (DCIA).
16
Id.
17
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 16-415
7
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.
Questions regarding payment procedures should be addressed to the Financial Operations Group Help
Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
18. Event of Default. St. George agrees that an Event of Default shall occur upon (1) the
failure to pay the Civil Penalty to the United States Treasury on or before the date specified in paragraph
15; (2) the release of an order within three years of the Effective Date by the Commission, such as a
Notice of Apparent Liability for Forfeiture that is uncontested or a Forfeiture Order, finding that St.
George or any other entity owned, operated, or controlled by, or under common control with St. George
violated the Cable Signal Leakage Rules, EAS Rules, or Registration Rules; or (3) the release of an order
by the Commission finding that St. George materially misstated its financial condition in the documents it
produced to support its claim of inability to pay.
19. Interest, Charges for Collection, and Acceleration of Maturity Date. Upon an Event
of Default, all procedures for collection permitted by the DCIA and other provisions of law
18
may, at the
Commission’s discretion, be initiated and the following shall become immediately due and payable,
without notice, presentment, demand, protest, or notice of protest of any kind, all of which are waived by
St. George: (a) any unpaid Civil Penalties referenced in paragraph 15, which shall accrue interest at a rate
of the U.S. Prime Rate in effect on the date of the Event of Default plus 4.75 percent per annum from the
date of the Event of Default until payment in full; (b) the Additional Civil Penalty referenced in paragraph
16, which shall accrue interest at a rate of the U.S. Prime Rate in effect on the date of the Event of Default
plus 4.75 percent per annum from the date of the Event of Default until payment in full; (c) any penalties
permitted and/or required by the law, including but not limited to 31 U.S.C. § 3717; and (d) any
administrative charge(s), including the costs of collection, litigation, and attorneys’ fees.
20. Waivers. As of the Effective Date, St. George 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. St. George 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 Consent
Decree or the Adopting Order, neither St. George nor the Commission shall contest the validity of the
Consent Decree or the Adopting Order, and St. George shall waive any statutory right to a trial de novo.
St. George hereby agrees to waive any claims it may have under the Equal Access to Justice Act
19
relating
to the matters addressed in this Consent Decree.
21. Severability. The Parties agree that if any of the provisions of the Consent Decree shall
be held unenforceable by any court of competent jurisdiction, such unenforceability shall not render
18
See 31 C.F.R. Part 900, et seq.
19
See 5 U.S.C. § 504; 47 C.F.R. §§ 1.1501–1.1530.
Federal Communications Commission DA 16-415
8
unenforceable the entire Consent Decree, but rather the entire Consent Decree shall be construed as if not
containing the particular unenforceable provision or provisions, and the rights and obligations of the
Parties shall be construed and enforced accordingly.
22. 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.
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, that provision will be
superseded by such Rule or Order.
24. Successors and Assigns. Unless stated otherwise, St. George agrees that the provisions
of this Consent Decree shall be binding on its successors, assigns, and transferees in which St. George has
an ownership interest, holds any official title, or has any employment or contractual relationship for the
provision of services.
25. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall
constitute a final settlement between the Parties with respect to the Investigation.
26. Modifications. This Consent Decree cannot be modified without the advance written
consent of both Parties.
27. 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.
28. Authorized Representative. Each Party represents and warrants to the other that it has
full power and authority to enter into this Consent Decree. Each person signing this Consent Decree on
behalf of a Party hereby represents that he or she is fully authorized by the Party to execute this Consent
Decree and to bind the Party to its terms and conditions.
Federal Communications Commission DA 16-415
9
29. Counterparts. This Consent Decree may be signed in counterpart (including
electronically or by facsimile). Each counterpart, when executed and delivered, shall be an original, and
all of the counterparts together shall constitute one and the same fully executed instrument.
________________________________
Travis LeBlanc
Chief
Enforcement Bureau
________________________________
Date
________________________________
Charles Sumner
President
St. George Cable, Inc.
________________________________
Date