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KPFA "Protectors "Helped Get The FCC To Fine Pacifica $25,000 With Thier Complaints Against WBAI To The FCC & Put It Under FCC Monitorship For Years
Pacifica Agrees to Pay $25,000 for WBAI Rule Violations
Its license is renewed for two years; all Pacifica stations are subject to compliance plan
KPFA "Protectors" Mouthpiece & KPFA LSB Board Officer Carol Wolfley Filed Complaint At FCC To Remove License of Pacifica's WBAI


BY NICK LANGAN ⋅
PUBLISHED: APRIL 23, 2024
Pacifica Foundation, the owner of noncom station 99.5 WBAI(FM) New York, has agreed to a consent decree with the FCC that will include paying a $25,000 penalty for repeated on-air violations related to underwriting language and non-disclosure of sponsored programming.

The organization acknowledged that it violated the underwriting laws and sponsorship ID rules. WBAI also has been granted license renewal of two years as opposed to the normal eight. Its renewal application had been suspended pending the outcome of the investigation into seven separate informal objections and a petition to deny a full eight-year renewal.

As part of the consent decree, Pacifica must designate a compliance officer who oversees developing and implementing a plan to ensure that underwriting and sponsorship identification laws are followed by all employees. This includes drafting a compliance manual and implementation of a training program.

Pacifica also must file compliance reports 90 days after the effective date of the decree and a year year after.

The compliance plan is applicable to all Pacifica-owned stations, including 94.1 KPFA(FM) Berkeley, Calif., 90.7 KPFK(FM) Los Angeles, 89.3 WPFW(FM) Washington and 90.1 KPFT(FM) Houston.

The petition to deny WBAI’s license renewal was filed by Pacifica Safety Net, a non-profit comprising current and former Pacifica board of directors, along with donors and listeners to its non-commercial FM signals. They did not advocate for license revocation but called instead for sanctions.

In its petition, Pacifica Safety Net cited examples between 2014 and 2022 of WBAI routinely airing paid programming without identifying the sponsors. Examples included producer Gary Null promoting nutritional supplements and host Christine Brisdale presenting a series of shows regarding a technology that purportedly would relieve anxiety by listening to an audio file through headphones.

Pacifica Safety Net provided verbatim transcripts from the broadcasts on which the hosts would promote the products as a benefit for donating to support the station. The petition included a WBAI Treasurer’s Report from 2017 showing that Null would retain the majority of the proceeds of the products and services offered on his shows.

The commission also said that the language used in the examples violated its rules on acceptable language for underwriting announcements, including calls to action, comparative and qualitative comparisons and inducements to buy products or services created by either the program host or their guests on the shows.

The commission said its investigation is complete and it will grant WBAI its two-year license term after the penalty is paid in total. If Pacifica demonstrates compliance during the period, the decree will be terminated afterward.



Federal Communications Commission DA 24-355
https://docs.fcc.gov/public/attachments/DA-24-355A1.pdf
Before the
Federal Communications Commission
Washington, D.C. 20554
In re Application of
Pacifica Foundation, Inc.
for Renewal of License
)
)
)
)
0000180618
NAL/Account No. MB-202441410009
Application File No. FRN: 0001546415
Facility ID No. 51249
ORDER
Adopted: April 23, 2024 Released: April 23, 2024
By the Chief, Media Bureau:
1. In this Order, we adopt the attached Consent Decree entered into by the Media Bureau
(Bureau) and Pacifica Foundation, Inc. (Licensee), licensee of noncommercial educational (NCE) station
WBAI-FM, New York, New York (Station). The Consent Decree resolves issues regarding the Station’s
compliance with sections 317 and 399B of the Communications Act of 1934, as amended (Act), and
sections 73.503(d) and 73.1212 of the Commission’s rules (Rules).1 Also before us are the above-
captioned application for renewal of license (Application) filed by Licensee on January 21, 2022,2 a
Petition to Deny (Petition) filed against the Application by Pacifica Safety Net (Petitioner), several
Informal Objections (collectively, Objections) filed against the Application,3 and related responsive
pleadings.4
2. Among the allegations raised in the Petition and Objections are specific claims
concerning several programs (e.g., the “Gary Null Show,” the “Christine Blosdale Special,” and “Off the
Hook”) purportedly aired over the Station that contain comparative and qualitative descriptions, price
information, calls to action, and inducements to buy products or services provided by program guests.5
The products and services were created by either the respective Station program host or their guests on
the shows, and purportedly related to the topics of their respective program’s discussions and interview topics. The Petitioner and Objectors allege that Station program hosts promoted these products and services without proper sponsorship identification. The Petitioner has provided the Commission with full written transcripts of the broadcast programs in question.6 The Petitioner and Objectors do not advocate
1 47 U.S.C. §§ 317, 399B; 47 CFR §§ 73.503(d) (Underwriting Laws), 73.1212 (Sponsorship ID Rules).
2 See Application File No. 0000180618 (filed Jan. 21, 2022); Broadcast Applications, Public Notice, Report No. PN-
1-220125-01, at 9 (MB Jan. 25, 2022).
3 See Petition to Deny of Pacifica Safety Net, Pleading File No. 0000189933 (filed May 2, 2022); Informal
Objection of Carol Wolfley, Pleading File No. 0000195283 (filed July 19, 2022); Informal Objection of Harry
Weiner, Pleading File No. 0000197825 (filed Aug. 17, 2022); Informal Objection of Douglass Ross Marshall,
Pleading File No. 0000197824 (filed Aug. 17, 2022); Informal Objection of Nancy Schimmel, Pleading File No.
0000197827 (filed Aug. 17, 2022); Informal Objection of David Hart, Pleading File No. 0000197881 (filed Aug. 18,
2022); Informal Objection of Henry Ira Bernstein, Pleading File No. 0000197910 (filed Aug. 19, 2022); and
Informal Objection of Stephen Sacks, Pleading File No. 0000198051 (filed Aug. 22, 2022).
4 See Opposition of Pacifica Foundation, Inc., Pleading File No. 0000192805 (filed June 1, 2022); Reply of Pacifica
Safety Net, Pleading File No. 0000193548 (filed June 20, 2022).
5 See Petition; Objections.
6 See Petition, Exhibits for Petition to Deny.Federal Communications Commission DA 24-355
that the Station’s Application be denied but rather recommend some or all of the following sanctions,
including a monetary forfeiture, a short-term license renewal, and/or a consent decree with assurances that
the misconduct will not be repeated in the future and that a compliance plan will be implemented and
administered by an independent compliance officer.7
3. We have negotiated the Consent Decree adopted herein, in which the Licensee
acknowledges that it has violated the Underwriting Laws and Sponsorship ID Rules. Pursuant to the
Consent Decree, Licensee agrees, among other things, to implement a comprehensive plan to ensure its
future compliance with its underwriting and sponsorship identification obligations, submit annual
compliance reports to the Bureau for the duration of the license term of the Station as set forth herein, and
pay a Civil Penalty to the United States Treasury in the total amount of twenty-five thousand dollars
($25,000.00). Additionally, after reviewing the record before us, we believe that the grant of a short-term
license renewal is appropriate in order to ensure the Licensee’s ongoing compliance with the Act and the
Rules.8 Accordingly, upon Licensee fully and timely satisfying its obligation to pay the Civil Penalty in
the manner set forth in Paragraph 19 of the attached Consent Decree, we will grant the Application for a
short-term renewal of two years (24 months).
4. Finally, we have reviewed the Application in accordance with section 309(k) of the Act9
and find that the Station has served the public interest, convenience, and necessity during the subject
license term. We find that nothing in the record creates a substantial or material question of fact calling
for further inquiry regarding the Application. After reviewing the record and the terms of the Consent
Decree, we find that the public interest will be served by adopting the Consent Decree, terminating the
Bureau’s investigation of the issues raised in the Petition and Objections, and granting the Application for
a short renewal term of two years.
5. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i), 4(j) and 309(k) of
the Communications Act of 1934, as amended,10 and by the authority delegated by Sections 0.61 and
0.283 of the FCC’s Rules,11 the Consent Decree attached hereto IS ADOPTED and its terms incorporated
by reference.
6. IT IS FURTHER ORDERED that the Petition to Deny (Pleading File No. 0000189933)
filed by Pacifica Safety Net on May 2, 2022, the Informal Objection (Pleading File No. 0000195283)
filed by Carol Wolfley on July 19, 2022, the Informal Objections (Pleading File Nos. 0000197825,
0000197824, and 0000197827) filed by Harry Weiner, Douglass Marshall, and Nancy Schimmel on
August 17, 2022, the Informal Objection (Pleading File No. 0000197881) filed by David Hart on August
18, 2022, the Informal Objection (Pleading File No. 0000197910) filed by Henry Bernstein on August 19,
2022, and the Informal Objection (Pleading File No. 0000198051) filed by Stephen Sacks on August 22,
2022, ARE GRANTED TO THE EXTENT INDICATED HEREIN.
7. IT IS FURTHER ORDERED that the application of Pacifica Foundation, Inc., for
renewal of license for noncommercial educational station WBAI-FM, New York, New York, Facility ID
No. 51249 (Application File No. 0000180618) IS GRANTED, as conditioned herein.
8. IT IS FURTHER ORDERED that the investigation by the Bureau of the matters noted
7 See Petition; Objections.
8 47 U.S.C. §§ 317, 399B; 47 CFR §§ 73.503(d), 73.1212.
9 47 U.S.C. § 309(k)(1).
10 47 U.S.C. §§ 154(i), 154(j), and 309(k).
11 47 CFR §§ 0.61, 0.283.Federal Communications Commission DA 24-355
above IS TERMINATED.
9. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be
sent via e-mail to Brad Deutsch, Esq., Counsel to Pacifica Foundation, Inc., 3000 K Street, NW, Suite
420, Washington, DC 20007; Sherry Gendelman, info [at] pacificasafetynet.org, Carol Wolfley,
cgwolfley [at] comcast.net, Harry Weiner, harry [at] b-town.org, Douglas Ross Marshall,
tercio8 [at] earthlink.net, Nancy Schimmel, nancyschimmel [at] mac.com, David Hart,
davehar77 [at] yahoo.com, Henry Ira Bornstein, hbornstein [at] sbcglobal.net, and Stephen Sacks,
johnsonsacks [at] comcast.net.
10. IT IS FURTHER ORDERED that pursuant to section 73.3526(e)(10) of the Rules, a
copy of this Order and Consent Decree and as otherwise required all related investigatory materials
SHALL BE RETAINED in the above-captioned Station’s online public inspection file until grant of the
next license renewal application.
FEDERAL COMMUNICATIONS COMMISSION
Holly Saurer
Chief, Media BureauFederal Communications Commission DA 24-355
Before the
Federal Communications Commission
Washington, D.C. 20554
In re Application of
Pacifica Foundation, Inc.
for Renewal of License
)
)
)
)
)
)
NAL/Account No. MB-202441410009
FRN: 0001546415
Facility ID No. 51249
Application File No. 0000180618
CONSENT DECREE
I. INTRODUCTION
1. The Media Bureau of the Federal Communications Commission and Pacifica
Foundation, Inc. (hereafter “Licensee,” as defined below), licensee of noncommercial educational (NCE)
station WBAI-FM, New York, New York (hereinafter “Station,” as defined below), by their authorized
representatives, hereby enter into this Consent Decree for the purpose of terminating the Media Bureau’s
investigation concerning Licensee’s compliance with sections 317 of the Communications Act of 1934, as
amended, and 73.1212(a) of the Commission’s rules, relating to on-air sponsorship identification
announcements; and sections 399B of the Act and 73.503(d) of the Commission’s rules, relating to
underwriting requirements.1 Pursuant to the Consent Decree, Licensee agrees, among other things, to a
short-term, two-year license renewal for the Station,2 to implement a comprehensive plan to ensure its
future compliance with its underwriting and sponsorship identification obligations, and to pay a Civil
Penalty to the United States Treasury in the total amount of twenty-five thousand dollars ($25,000.00).
II. 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. §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) “Application” means the pending application for renewal of license for station
WBAI-FM, New York, New York, Facility ID No. 51249 (Application File No.
0000180618).
(d) “Bureau” means the Media Bureau of the Federal Communications Commission;
(e) “Civil Penalty” means the payment Pacifica has agreed to pay to the United
States Treasury;
(f) “Commission” or “FCC” means the Federal Communications Commission and
all of its bureaus and offices;
1 See 47 U.S.C. §§ 317, 399B; 47 CFR §§ 73.503(d) (Underwriting Laws), 73.1212(a) (Sponsorship ID Rules).
2 Licensee filed an application for renewal of license on January 21, 2022. See Application File No. 0000180618
(filed Jan. 21, 2022) (Application); Broadcast Applications, Public Notice, Report No. PN-1-220125-01, at 9 (MB
Jan. 25, 2022).Federal Communications Commission DA 24-355
(g) “Communications Laws” means collectively, the Act, the Rules, and the
published and promulgated orders and decisions of the Commission to which the
Licensee is subject by virtue of being a Commission licensee, including, but not
limited to, sections 73.503(d) and 73.1212(a) of the Rules, 47 CFR §§ 73.503(d),
73.1212(a);
(h) “Compliance Plan” means the processes and procedures developed by the
Licensee in an effort to ensure compliance with sections 317 and 399B of the
Act, 47 U.S.C. §§ 317, 399B, and sections 73.503(d) and 73.1212(a) of the
Rules, 47 CFR §§ 73.503(d), 73.1212(a);
(i) “Covered Employees” means all employees and agents of the Licensee who are
responsible for performing, supervising, overseeing, or managing activities
related to Licensee’s responsibilities under the Act and the Rules, including the
Underwriting Laws and Sponsorship ID Rules.
(j) “Effective Date” means the date on which the Bureau releases the Adopting
Order;
(k) “Investigation” means the Bureau’s investigation of information contained in the
Application and related pleadings, as detailed herein;
(l) “License” refers to the license authorization for noncommercial educational
station WBAI-FM, New York, New York (Facility ID No. 51249);
(m) “Licensee” means Pacifica Foundation, Inc., and its affiliates, subsidiaries,
predecessors-in-interest, and successors-in-interest;
(n) “Pacifica” means Pacifica Foundation, Inc.;
(o) “Parties” means the Licensee and the Bureau;
(p) “Rules” means the FCC’s rules, found in Title 47 of the Code of Federal
Regulations;
(q) “Sponsorship ID Rules” means the on-air sponsorship identification requirements
set forth in section 317 of the Act, 47 U.S.C. § 317, and section 73.1212 of the
Rules, 47 CFR § 73.1212;
(r) “Station” means noncommercial educational station WBAI-FM, New York, New
York (Facility ID No. 51249);
(s) “Underwriting Laws” means section 399B of the Act, 47 U.S.C. § 399B, section
73.503(d) of the Rules, 47 CFR § 503(d), and the decisions and orders of the
Commission interpreting these provisions; and
(t) “Violations” means the violations of sections 317 and 399B of the
Communications Act, as amended, 47 U.S.C. §§ 317, 399B, and sections
73.503(d) and 73.1212(a) of the Commission’s rules, 47 CFR §§ 73.503(d),
73.1212(a).
III. BACKGROUND
A. Legal Background
3. Sponsorship Identification Rules. Beginning with the Radio Act of 1927, broadcast
stations have been required to identify on-air the sponsor of any paid program material that they
broadcast.3 When Congress adopted the Communications Act of 1934, and created the Federal
3 Radio Act of 1927, Pub. L. No. 69-632, 44 Stat. 1162, 1170 § 19 (repealed 1934).Federal Communications Commission DA 24-355
Communications Commission, it incorporated into section 317 almost verbatim the same requirement that
stations provide on-air sponsorship identification announcements.4 Since that time, the Commission has
continued to underscore the need for transparency and disclosure to the public about the true identity of a
program’s sponsor. The Commission has explained that its sponsorship identification requirements are
“grounded in the principle that listeners and viewers are entitled to know who seeks to persuade them.”5
When broadcasters air paid-for programming without disclosing the program’s sponsor, they can mislead
the public.6
4. The Commission sponsorship identification requirements are set forth in sections 317 of
the Act and 73.1212 of the Commission’s rules. Specifically, section 317(a)(1) of the Act provides in
part:
All matter broadcast by any radio station for which any money, service or other valuable
consideration is directly or indirectly paid, or promised to or charged or accepted by, the station
so broadcasting, from any person, shall, at the time the same is so broadcast, be announced as
paid for or furnished, as the case may be, by such person . . . .7
Section 73.1212(a) of the Commission’s rules, which implements section 317(a)(1), further provides in
part:
When a broadcast station transmits any matter for which money, service, or other valuable
consideration is either directly or indirectly paid or promised to, or charged or accepted by such
station, the station, at the time of the broadcast, shall announce: (1) That such matter is
sponsored, paid for, or furnished, either in whole or in part, and (2) By whom or on whose behalf
such consideration was supplied . . . .8
5. Underwriting Laws. NCE broadcasters are licensed to use spectrum that is specifically
reserved for them, and they benefit from lower regulatory fees and fewer requirements than those
imposed on commercial entities, in recognition of their noncommercial and non-profit nature. That
flexibility, however, is not unlimited, and NCE broadcasters cannot air commercial advertising.9 The
Underwriting Laws help “protect the public’s use and enjoyment of commercial-free broadcasts” and
“provide a level playing field for the noncommercial broadcasters that obey the law and for the
commercial broadcasters that are entitled to seek revenue from advertising.”10 NCE broadcasters are
licensed to provide noncommercial, locally-oriented programming for their communities, and the
Commission acts when necessary to enforce the laws prohibiting NCE-FM stations from airing
announcements that promote for-profit advertisers.
6. The Underwriting Laws define an advertisement as, among other things, programming
material broadcast “in exchange for any remuneration” and intended to “promote any service, facility, or
product” of for-profit entities.11 Section 399B(b)(2) of the Act specifically provides that noncommercial
4 See 47 U.S.C. § 317.
5 See, e.g., Commission Reminds Broadcast Licensees, Cable Operators and Others of Requirements Applicable to
Video News Releases and Seeks Comment on the Use of Video News Releases by Broadcast Licensees and Cable
Operators, Public Notice, 20 FCC Rcd 8593, 8593-94 (2005).
6 Cumulus Radio LLC, et. al, Forfeiture Order, 36 FCC Rcd 738 (2021).
7 47 U.S.C. § 317(a).
8 47 CFR § 73.1212(a).
9 47 U.S.C. § 399B(b)(2).
10 Syner Foundation, Inc., Order and Consent Decree, 30 FCC Rcd 1780, 1780, para. 1 (EB 2015).
11 47 U.S.C. § 399B(a).Federal Communications Commission DA 24-355
educational stations may not broadcast advertisements.12 Although contributors of funds to such stations
may receive on-air acknowledgements of their support, the Commission has held that such
acknowledgements are for identification purposes only and must not promote the contributors’ products,
services, or businesses.13 Specifically, such announcements must not contain comparative or qualitative
descriptions, price information, calls to action, or inducements to buy, sell, rent, or lease.14
B. Factual Background
7. The Commission received a Petition to Deny and several Informal Objections filed against
the above-captioned Application alleging that Licensee violated the Underwriting Laws and Sponsorship
ID Rules by airing programs on the Station from June 2014 to April 2022, which impermissibly promoted
their for-profit underwriters’ products or services qualitative and contained comparative and descriptions,
pricing information, calls to action, and inducements to buy products or services created by either the
Station program host or their guests on the shows.15 The Petitioner and Objectors also allege that Station
program hosts promoted these products and services without proper sponsorship identification. In
support of these allegations, the Petitioner provided the Commission with full written transcripts of the
broadcast programs in question.16
8. Based on the foregoing, the Bureau’s Audio Division issued a letter of inquiry to gather
additional information concerning the allegations and suspended processing of the Application.17 The
Parties acknowledge that any proceedings that might result from the Violations would be time-consuming
and require a substantial expenditure of public and private resources. In order to conserve such resources,
resolve the matters, and promote compliance with the Rules, the Parties are entering into this Consent
Decree, in consideration of the mutual commitments made herein.
IV. TERMS OF AGREEMENT
9. Adopting Order. The provisions of this Consent Decree shall be incorporated by the
Bureau in an Adopting Order.
10. Jurisdiction. Licensee agrees that the Bureau has jurisdiction over it and the matters
contained in this Consent Decree and the 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. Upon the Effective Date, the Adopting Order and this
Consent Decree shall have the same force and effect as any other order of the Commission. Licensee
agrees that it is required to comply with each individual condition of this Consent Decree. Each specific
condition is a separate condition of the Consent Decree as approved. Any violation of the Adopting
Order or the terms of this Consent Decree shall constitute a separate violation of a Commission order,
12 47 U.S.C. § 399B(b)(2).
13 Noncommercial Educational Broadcasting Service; Clarification of Underwriting Guidelines, Public Notice, 51
Fed. Reg. 21800 (June 16, 1986), republished, Commission Policy Concerning the Noncommercial Nature of
Educational Broadcasting Stations, Public Notice, 7 FCC Rcd 827 (1992).
14 Id.
15 See Petition to Deny of Pacifica Safety Net, Pleading File No. 0000189933 (filed May 2, 2022); Informal
Objection of Carol Wolfley, Pleading File No. 0000195283 (filed July 19, 2022); Informal Objection of Harry
Weiner, Pleading File No. 0000197825 (filed Aug. 17, 2022); Informal Objection of Douglass Ross Marshall,
Pleading File No. 0000197824 (filed Aug. 17, 2022); Informal Objection of Nancy Schimmel, Pleading File No.
0000197827 (filed Aug. 17, 2022); Informal Objection of David Hart, Pleading File No. 0000197881 (filed Aug. 18,
2022); Informal Objection of Henry Ira Bernstein, Pleading File No. 0000197910 (filed Aug. 19, 2022); and
Informal Objection of Stephen Sacks, Pleading File No. 0000198051 (filed Aug. 22, 2022).
16 See Petition, Exhibits for Petition to Deny.
17 See Letter from Albert Shuldiner, Chief, Audio Division, FCC Media Bureau, to Pacifica Foundation, Inc. (Feb.
12, 2024); Application.Federal Communications Commission DA 24-355
entitling the Commission to exercise any rights and remedies attendant to enforcement of a Commission
order.
12. 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, Licensee 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 any new proceeding on its own motion against
Licensee concerning the matters that were the subject of the Investigation, or to set for hearing the
question of Licensee’s basic qualifications to be a Commission licensee or hold Commission licenses or
authorizations based on the matters that were the subject of the Investigation.18 Licensee acknowledges
and agrees that nothing herein prevents the Bureau or Commission from instituting any new proceedings
against Licensee during the term of this Consent Decree concerning any matters that were not the subject
of the Investigation.19
13. Admission of Liability. Licensee stipulates that the actions described in Paragraph 7
violated sections 317 and 399B of the Act and sections 73.503(d) and 73.1212(a) of the Rules.
14. Compliance Officer. Within thirty (30) calendar days after the Effective Date, Licensee
shall designate a senior corporate manager with the requisite corporate and organizational authority to
serve as a Compliance Officer and to discharge the duties set forth below. The person designated as
Compliance Officer shall be responsible for developing, implementing, and administering the Compliance
Plan and ensuring that Licensee 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 or her duties under this Consent Decree, the Compliance Officer shall have specific
knowledge of the Underwriting Laws and Sponsorship ID Rules prior to assuming such duties.
15. Compliance Plan. Licensee agrees that, within 60 calendar days after the Effective Date,
the Compliance Officer shall, on behalf of Licensee, develop, implement, and administer a Compliance
Plan designed to ensure Licensee’s future compliance with the Communications Laws, the Underwriting
Laws and Sponsorship ID Rules, and with the terms and conditions of this Consent Decree. The
Compliance Plan shall be applicable to all broadcast stations of which Licensee is and becomes the
licensee during the term of this Consent Decree. The Compliance Plan shall contain, at a minimum, the
following components:
(a) Consultation with Counsel. If the Compliance Officer is not an FCC regulatory counsel or
in-house counsel, Licensee shall consult with outside FCC regulatory counsel regarding
Licensee’s overall compliance with the Underwriting Laws and Sponsorship ID Rules. Such
consultations shall occur on an annual basis, if not more frequently.
(b) Operating Procedures. The Compliance Plan shall contain Operating Procedures that all
Covered Employees must follow to ensure Licensee’s compliance with the Underwriting
Laws and Sponsorship ID Rules. The Operating Procedures shall include internal procedures
and policies specifically designed to ensure that Licensee complies with the Underwriting
Laws and Sponsorship ID Rules.
(c) Compliance Manual. The Compliance Plan shall include a Compliance Manual that the
Compliance Officer has distributed to all Covered Employees within 60 calendar days after
the Effective Date. The Compliance Manual shall explain fully and completely the
Underwriting Laws and Sponsorship ID Rules and include the Operating Procedures that
18 See 47 CFR § 1.93(b).
19 We caution Licensee that it may jeopardize its license if ongoing violations of the Underwriting Laws and
Sponsorship ID Rules persist.Federal Communications Commission DA 24-355
Covered Employees shall follow. The Compliance Officer shall periodically review and
revise the Compliance Manual as necessary to ensure that the information set forth therein
remains current and accurate. The Compliance Officer shall distribute any revisions to the
Compliance Manual promptly to all Covered Employees.
(d) Compliance Training Program. The Compliance Plan shall contain a comprehensive
Compliance Training Program for all Covered Employees regarding compliance with the
Underwriting Laws and Sponsorship ID Rules. As part of the Compliance Training Program,
the Compliance Officer shall advise all Covered Employees of Licensee’s obligation to report
any noncompliance with the Underwriting Laws and Sponsorship ID Rules under Paragraph
16 of this Consent Decree and shall instruct Covered Employees on how to disclose
noncompliance to the Compliance Officer and Licensee. The Compliance Officer shall train
all Covered Employees pursuant to the Compliance Training Program within 75 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 30 calendar
days after the date such person becomes a Covered Employee. The Compliance Officer shall
repeat 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.
16. Reporting Noncompliance. Licensee agrees that it shall report any noncompliance with
the Underwriting Laws and Sponsorship ID Rules and with the terms and conditions of this Consent
Decree within 15 calendar days after discovery of such noncompliance at any station of which Licensee is
or becomes the licensee. 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 Albert Shuldiner, Audio Division, Media Bureau, Federal Communications Commission, at
Albert.Shuldiner [at] fcc.gov; Christopher Clark, Audio Division, Media Bureau, Federal Communications
Commission, at Christopher.Clark [at] fcc.gov; and Dana Bradford, Audio Division, Media Bureau, Federal
Communications Commission, at Dana.Bradford [at] fcc.gov.
17. Compliance Reports. Licensee agrees that it shall submit Compliance Reports to the
Commission 90 calendar days after the Effective Date and thereafter annually on the anniversary of the
Effective Date up to and including the Termination Date, as that term is defined below.20
(a) Each Compliance Report shall include a detailed description of Licensee’s efforts during the
preceding period to comply with the terms and conditions of this Consent Decree and the
Underwriting Laws and Sponsorship ID Rules. In addition, each Compliance Report shall
include a certification by the Compliance Officer, as an agent of and on behalf of Licensee,
stating that the Compliance Officer has personal knowledge that Licensee: (i) has established
and implemented the Compliance Plan; (ii) has utilized the Operating Procedures since the
implementation of the Compliance Plan; 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 16 of this Consent Decree.
(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.21
20 A Compliance Report must be filed on the Termination Date in the event that the Termination Date does not fall
on the anniversary of the Effective Date.
21 47 CFR § 1.16.Federal Communications Commission DA 24-355
(c) If the Compliance Officer is unable to 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 the reason(s) why and describe fully: (i) each instance of
noncompliance; (ii) the steps that Licensee has taken or will take to remedy such
noncompliance, including the schedule on which proposed remedial actions will be taken;
and (iii) the steps that Licensee has taken or will take to prevent the recurrence of any such
noncompliance, including the schedule on which such preventive action will be taken.
(d) All Compliance Reports shall be submitted via email to: Albert Shuldiner, Audio Division,
Media Bureau, Federal Communications Commission, at Albert.Shuldiner [at] fcc.gov;
Christopher Clark, Audio Division, Media Bureau, Federal Communications Commission, at
Christopher.Clark [at] fcc.gov; and Dana Bradford, Audio Division, Media Bureau, Federal
Communications Commission, at Dana.Bradford [at] fcc.gov.
18. Termination Date. The obligations to which the Licensee is subject pursuant to this
Consent Decree shall terminate twenty-four (24) months after grant of the Application, provided the
Bureau is satisfied that the Licensee has demonstrated substantial compliance with its obligations under
the terms of the Consent Decree. If the Bureau is not satisfied that the Licensee has demonstrated
substantial compliance with the terms of the Consent Decree, the Bureau may, within its sole discretion
and authority, extend the termination date of this Consent Decree for an additional period of time as the
Bureau deems appropriate.
19. Civil Penalty. Licensee agrees that it shall pay a Civil Penalty to the United States
Treasury in the total amount of twenty-five thousand dollars ($25,000.00). Licensee agrees to pay the
Civil Penalty in five consecutive monthly installments (each an Installment Payment) of $5,000.00 each,
until the Civil Penalty is paid in full. Licensee agrees that each Installment Payment shall be due and
received by the United States Treasury on or before the first day of each calendar month (Due Date), with
the first such Installment Payment due and received by the United States Treasury on or before the first
day of the first full month after the Effective Date. Licensee acknowledges and agrees that upon
execution of this Consent Decree, the Civil Penalty and each Installment Payment shall become a “Claim”
or “Debt” as defined in 31 U.S.C. § 3701(b)(1).22 Upon an Event of Default, as defined below, all
procedures for collection as permitted by law may, at the Commission’s discretion, be initiated. On the
date each Installment Payment is made, Licensee shall send notification of the payment via email to:
Albert.Shuldiner [at] fcc.gov; Christopher Clark, Audio Division, Media Bureau, Federal Communications
Commission, at Christopher.Clark [at] fcc.gov; and Dana Bradford, Audio Division, Media Bureau, Federal
Communications Commission, at Dana.Bradford [at] fcc.gov.
20. Below are payment instructions that Licensee shall follow based on the form of payment
it has selected:23
• Payment by wire transfer must be made to ABA Number 021030004, receiving bank
TREAS/NYC, and Account Number 27000001. In the OBI field, enter the FRN(s) captioned
above and the letters “FORF”. In addition, a completed Form 15924 or printed Commission
Registration System (CORES) form25 must be faxed to the Federal Communications
Commission at 202-418-2843 or e-mailed to RROGWireFaxes [at] fcc.gov on the same
business day the wire transfer is initiated. Failure to provide all required information in Form
159 or CORES may result in payment not being recognized as having been received. When
22 Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996).
23 For questions regarding payment procedures, please contact the Financial Operations Group Help Desk by phone
at 1-877-480-3201 (option #1).
24 FCC Form 159 is accessible at https://www.fcc.gov/licensing-databases/fees/fcc-remittance-advice-form-159.
25 Information completed using the Commission’s Registration System (CORES) does not require the submission of
an FCC Form 159. CORES is accessible at https://apps.fcc.gov/cores/userLogin.do.Federal Communications Commission DA 24-355
completing FCC Form 159 or CORES, enter the Account Number in block number 23A (call
sign/other ID), enter the letters “FORF” in block number 24A (payment type code), and enter
in block number 11 the FRN(s) captioned above (Payor FRN).26 For additional detail and
wire transfer instructions, go to https://www.fcc.gov/licensing-databases/fees/wire-transfer.
• Payment by credit card must be made by using CORES at https://apps.fcc.gov/cores/
userLogin.do. To pay by credit card, log-in using the FCC Username associated to the FRN
captioned above. If payment must be split across FRNs, complete this process for each
FRN. Next, select “Manage Existing FRNs | FRN Financial | Bills & Fees” from the CORES
Menu, then select FRN Financial and the view/make payments option next to the FRN.
Select the “Open Bills” tab and find the bill number associated with the CD Acct. No. The
bill number is the CD Acct. No. with the first two digits excluded (e.g., CD 1912345678
would be associated with FCC Bill Number 12345678). After selecting the bill for payment,
choose the “Pay by Credit Card” option. Please note that there is a $24,999.99 limit on credit
card transactions.
• Payment by ACH must be made by using CORES at https://apps.fcc.gov/cores/userLogin.do.
To pay by ACH, log in using the FCC Username associated to the FRN captioned above. If
payment must be split across FRNs, complete this process for each FRN. Next, select
“Manage Existing FRNs | FRN Financial | Bills & Fees” on the CORES Menu, then select
FRN Financial and the view/make payments option next to the FRN. Select the “Open Bills”
tab and find the bill number associated with the CD Acct. No. The bill number is the CD
Acct. No. with the first two digits excluded (e.g., CD 1912345678 would be associated with
FCC Bill Number 12345678). Finally, choose the “Pay from Bank Account” option. Please
contact the appropriate financial institution to confirm the correct Routing Number and the
correct account number from which payment will be made and verify with that financial
institution that the designated account has authorization to accept ACH transactions.
21. Event of Default. Licensee agrees that an Event of Default shall occur upon the failure
by Licensee to pay the full amount of any Installment Payment by the Due Date specified in this Consent
Decree.
22. Interest Charges for Collection, and Acceleration of Maturity Date. Licensee agrees
that after an Event of Default has occurred under this Consent Decree, the then unpaid amount of the
Civil Penalty shall accrue interest, computed using 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 Civil Penalty, together with interest, any penalties permitted
and/or required by the law, including but not limited to 31 U.S.C. § 3717 and administrative charges, plus
the costs of collection, litigation, and attorneys’ fees, 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.
23. Waivers. Licensee agrees that, as of the Effective Date, it waives any and all rights it
may otherwise 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. The Parties
agree that Licensee shall retain the right to challenge Commission interpretation of the Consent Decree or
any terms contained herein. The Parties further agree that 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 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 agrees to waive
any claims it may otherwise have under the Equal Access to Justice Act27 relating to the matters addressed
26 Instructions for completing the form may be obtained at http://www.fcc.gov/Forms/Form159/159.pdf.
27 See 5 U.S.C. § 504; 47 CFR §§ 1.1501–1.1530.Federal Communications Commission DA 24-355
in this Consent Decree.
24. 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
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.
25. Invalidity. In the event that this Consent Decree in its entirety is rendered invalid by any
court of competent jurisdiction, it will become null and void and may not be used in any manner in any
legal proceeding.
26. Subsequent Rule or Order. The Parties agree that if any provision of this 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), such provision will be superseded by such Rule or order.
27. Successors and Assigns. Licensee acknowledges and agrees that this Consent Decree
and all of the obligations, terms and conditions herein shall be binding on its successors, assigns, and
transferees, and on the successors, assigns, and transferees of all broadcast stations of which it is and
becomes the licensee.
28. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall
constitute a final settlement between the Parties with respect to the Investigation.
29. Modifications. The Parties agree that this Consent Decree may not be modified without
the advance written consent of both Parties.
30. Paragraph Headings. The Parties agree that 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.
31. Authorized Representative. Each Party represents and warrants to the other Party 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 24-355
32. Counterparts. The Parties agree that 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.
MEDIA BUREAU
FEDERAL COMMUNICATIONS COMMISSION
By: ____________________________________
Holly Saurer
Chief, Media Bureau
Date: __________________________________
PACIFICA FOUNDATION, INC.
By: _________________________________________
Susan Young, Chair
Pacifica Foundation, Inc.
Date: _________________