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Fisher Broadcasting -- KVI(AM), Seattle, Washington

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Released: May 25, 2012

Federal Communications Commission

DA 12-773

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

FISHER BROADCASTING –

)
File No.: EB-08-IH-1203

SEATTLE RADIO, L.L.C.

)
Acct. No.: 201232080021
)
FRN: 0005848080
Licensee of Station KVI(AM),
)
Facility ID No.: 35853
Seattle, Washington
)

ORDER

Adopted: May 24, 2012

Released: May 25, 2012

By the Chief, Enforcement Bureau:
1.
In this Order, we adopt the attached Consent Decree entered into between the
Enforcement Bureau (Bureau) and Fisher Broadcasting – Seattle Radio, L.L.C. (Licensee). The Consent
Decree terminates an investigation by the Bureau against the Licensee for possible violations of Section
508 of the Communications Act of 1934, as amended (Act),1 and Section 73.1216 of the Commission’s
rules (Rules), 2 in connection with a licensee-conducted contest broadcast by the Licensee on Station
KVI(AM), Seattle, Washington (Station) in 2007.
2.
The Bureau and the Licensee have negotiated the terms of the Consent Decree that
resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference.
3.
After reviewing the terms of the Consent Decree and evaluating the facts before us, we
find that the public interest 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 the Licensee 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 Section 4(i) of the Act,3 and Sections
0.111 and 0.311 of the Rules,4 the Consent Decree attached to this Order

IS ADOPTED

.
6.

IT IS FURTHER ORDERED

that the above-captioned investigation, as to the Station
and/or the Licensee,

IS TERMINATED

.


1 See 47 U.S.C. § 509 (titled “Prohibited Practices in Case of Contests of Intellectual Knowledge, Intellectual Skill,
or Chance”).
2 See 47 C.F.R. § 73.1216 (titled “Licensee-Conducted Contests”).
3 See 47 U.S.C. § 154(i).
4 See 47 C.F.R. §§ 0.111, 0.311.

Federal Communications Commission

DA 12-773

7.

IT IS FURTHER ORDERED

that any third-party complaints and allegations against
the Station and/or the Licensee before the Enforcement Bureau related to the above-captioned
investigation as of the date of this Consent Decree

ARE DISMISSED

.
8.

IT IS FURTHER ORDERED

that a copy of this Order and Consent Decree shall be
sent by both First Class mail and Certified Mail, Return Receipt Requested, to Licensee’s counsel,
Clifford M. Harrington, Esq., Pillsbury Winthrop Shaw Pittman LLP, 2300 N Street, N.W., Washington,
D.C. 20037-1128.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
2

Federal Communications Commission

DA 12-773

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

FISHER BROADCASTING –

)
File No.: EB-08-IH-1203

SEATTLE RADIO, L.L.C.

)
Acct. No.: 201232080021
)
FRN: 0005848080
Licensee of Station KVI(AM),
)
Facility ID No.: 35853
Seattle, Washington
)

CONSENT DECREE

1.
The Enforcement Bureau of the Federal Communications Commission and Fisher
Broadcasting – Seattle Radio, L.L.C., by their authorized representatives, hereby enter into this Consent
Decree for the purpose of terminating the Bureau’s investigation into possible violations of Section 508 of
the Communications Act of 1934, as amended,5 and Section 73.1216 of the Commission’s rules, 6
pertaining to Licensee-Conducted contests.

I.

DEFINITIONS

2.
For the purposes of this Consent Decree, the following definitions shall apply:
(a) “Act” means the Communications Act of 1934, as amended, 47 U.S.C. § 151 et seq.
(b) “Adopting Order” means an order of the Bureau adopting the terms of this Consent
Decree without change, addition, deletion, or modification.
(c) “Bureau” means the Enforcement Bureau of the Federal Communications Commission.
(d) “Commission” and “FCC” mean the Federal Communications Commission and all of its
bureaus and offices.
(e) “Communications Laws” means, collectively, the Act, the Rules, and the published and
promulgated orders and decisions of the Commission to which Fisher is subject by virtue
of it being a Commission licensee, including but not limited to Section 508 of the Act and
Section 73.1216 of the Commission's rules.
(f)
“Compliance Plan” means the compliance obligations, program, and procedures
described in this Consent Decree at paragraph 10.
(g) “Covered Employees” means all employees and agents of Fisher who perform, or
supervise, oversee, or manage the performance of, duties that relate to Fisher’s
responsibilities under Section 508 of the Act and the Licensee-Conducted Contest Rule.


5 See 47 U.S.C. § 509.
6 See 47 C.F.R. § 73.1216.

Federal Communications Commission

DA 12-773

(h) “Effective Date” means the date on which the Commission releases the Adopting Order.
(i) “Investigation” means the investigation commenced by the Bureau in response to
Fisher’s April 18, 2008, letter to the Commission regarding Fisher’s “Secret Listener
Salute” contest.
(j) “Fisher” means Fisher Broadcasting – Seattle Radio, L.L.C. and its predecessors-in-
interest and successors-in-interest.
(k)
“Licensee-Conducted Contest Rule” means Section 73.1216 of the Rules, 47 C.F.R. §
73.1216, governing how Commission licensees conduct contests that are broadcast or
advertised.
(l) “Operating Procedures” means the standard, internal operating procedures and
compliance policies established by Fisher to implement the Compliance Plan.
(m) “Parties” means Fisher and the Bureau, each of which is a “Party.”
(n) “Rules” means the Commission’s regulations found in Title 47 of the Code of Federal
Regulations.
(o) “Section 508” means Section 508 of the Communications Act of 1934, as amended,
which prohibits a licensee from knowingly deceiving the public by engaging “in any
artifice or scheme for the purpose of prearranging or predetermining in whole or in part
the outcome of a purportedly bona fide contest . . . [of] chance.” 47 U.S.C. § 509(a)(3).
In addition, Section 508 also prohibits: (1) the production for broadcast of a contest of
chance wherein the person has reasonable ground for believing that the contest outcome
has been predetermined; and (2) conspiring with any other person or persons to violate
the statute. 47 U.S.C. §§ 509(a)(4)-(5).
(p) “Station” means radio Station KVI(AM), Seattle, Washington (Facility ID No. 35853).

II.

BACKGROUND

2. Section 508 of the Act prohibits a licensee from knowingly deceiving the public by engaging
“in any artifice or scheme for the purpose of prearranging or predetermining in whole or in part the
outcome of a purportedly bona fide contest . . . [of] chance.”7 Under Section 73.1216 of the Rules, a
broadcast licensee “that broadcasts or advertises information about a contest it conducts shall fully and
accurately disclose the material terms of the contest, and shall conduct the contest substantially as
announced or advertised. No contest description shall be false, misleading or deceptive with respect to
any material term.”8 Material terms, among other things, include any eligibility restrictions, means of
selection of winners, and the extent, nature, and value of prizes.9


7 47 U.S.C. § 509(a)(3). Section 508 also prohibits: (1) the production for broadcast of a contest of chance wherein
the person has reasonable ground for believing that the contest outcome has been predetermined; (2) conspiring with
any other person or persons to violate the statute. 47 U.S.C. §§ 509(a)(4)-(5).
8 47 C.F.R. § 73.1216.
9 See id., Notes 1(b), 2.
2

Federal Communications Commission

DA 12-773

3.
On April 18, 2008, Fisher, through its Counsel, filed a letter with the Commission
regarding its own Contest, called the “Secret Listener Salute” that aired on Station KVI(AM) between
February 6, 2007, and March 30, 2007.10 The Licensee asserts that, as part of an internal year end audit in
2008, it discovered that a former employee may have taken actions to manipulate the outcome of the
Contest by placing the names of suspected friends and acquaintances on the list of names to be announced
on air, thus making them potential winners.11 Fisher indicates that winnings may have been shared
between the former employee and the winners.12 Fisher states that it discovered this problem after the
employee left Fisher’s employ, and that Fisher subsequently contacted the Seattle Police Department.13
On June 24, 2008, the Bureau sent a letter to Fisher regarding the Contest,14 and Fisher responded on July
30, 2008.15 The Bureau subsequently sent a second letter to Fisher on May 7, 2010,16 to which Fisher
responded on June 3, 2010.17 Fisher contends that it was unaware of the former employee’s actions until
after she had left the Station’s employ, that it was an unwitting victim in this situation, and that it alerted
the Commission and law enforcement once it determined what had happened.18 Fisher contends that the
actions of the former employee violated the Station’s Code of Conduct and Conflict of Interest Policies
that were in place at the time the alleged violations occurred.19 Fisher claims that it will create added
oversight to all future contests and monitor their implementation to safeguard against any future
manipulations by any party.20 The terms of this Consent Decree reflect the Bureau’s consideration of the
Licensee’s self-disclosure of this matter and the Licensee’s prior history of compliance with Commission
rules.


10 See Letter from Clifford M. Harrington, Esq., Pillsbury Winthrop Shaw Pittman LLP, Counsel for Fisher
Broadcasting – Seattle Radio, L.L.C. (Counsel) to Hillary S. DeNigro, Chief, Investigations and Hearings Division,
FCC Enforcement Bureau (April 18, 2008) (on file in EB-08-IH-1203) (Fisher April 18 Letter).
11 Id. at 1.
12 Id.
13 Id.
14 See Letter from Kenneth M. Scheibel, Jr., Assistant Chief, Investigations and Hearings Division, FCC
Enforcement Bureau, to Counsel (June 24, 2008) (on file in EB-08-IH-1203).
15 See Letter from Counsel to Marlene Dortch, Secretary, Federal Communications Commission (July 30, 2008) (on
file in EB-08-IH-1203) (Fisher July 30 Letter).
16 See Letter from Anjali K. Singh, Acting Assistant Chief, Investigations and Hearings Division, FCC Enforcement
Bureau, to Counsel (May 7, 2010) (on file in EB-08-IH-1203).
17 See Letter from Counsel to Marlene Dortch, Secretary, Federal Communications Commission (June 3, 2010) (on
file in EB-08-IH-1203).
18 See Fisher April 18 Letter at 1. According to court records, Ms. Ryan Keeley, Fisher’s former Promotions
Coordinator at the Station, was convicted by a King County, Washington, court and ordered to pay $14,000 in
restitution after pleading guilty to second-degree theft for her role in the Contest. Washington v. Keeley, et al., No.
10C-00364-5 SEA (King Cnty. Sup. Ct. 2010). Keeley pled guilty to violating RCW 9A.56.040(1)(a) and
9A.56.020(1)(b) of the Revised Washington criminal code. See also Jennifer Sullivan, KVI Ex-employee Sentenced
for Rigging Radio Contest,
Seattle Times online edition, July 30, 2010,
http://seattletimes.nwsource.com/html/localnews/2012494429_riggedcontest31m.html (last visited Sept. 16, 2011).
19 See Fisher July 30 Letter at 16-17.
20 See Fisher April 18 Letter at 1-2.
3

Federal Communications Commission

DA 12-773

III.

TERMS OF AGREEMENT

4.

Adopting Order

. The Parties agree that the provisions of this Consent Decree shall be
subject to final approval by the Bureau by incorporation of such provisions by reference in the Adopting
Order.
5.

Jurisdiction

. Fisher agrees that the Bureau has jurisdiction over it and the matters
contained in this Consent Decree and that the Bureau has the authority to enter into and adopt this
Consent Decree.
6.

Effective Date; Violations

. The Parties agree that this Consent Decree shall become
effective on the Effective Date as defined herein. As of the Effective Date, the Adopting Order and this
Consent Decree shall have the same force and effect as any other order of the Commission. Any violation
of the Adopting Order or of the terms of this Consent Decree shall constitute a separate violation of a
Commission order, entitling the Commission to exercise any rights and remedies attendant to the
enforcement of a Commission order.
7.

Termination of Investigation

. In express reliance on the covenants and representations
in this Consent Decree and to avoid further expenditure of public resources, the Bureau agrees to
terminate the Investigation. In consideration for the termination of the Investigation, Fisher agrees to the
terms, conditions, and procedures contained herein. The Bureau further agrees that in the absence of new
material evidence, the Bureau will not use the facts developed in this Investigation through the Effective
Date, or the existence of this Consent Decree, to institute on its own motion any new proceeding, formal
or informal, or take any action on its own motion against Fisher 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 Fisher with respect to Fisher’s basic qualifications, including its character
qualifications, to be a Commission licensee or to hold Commission licenses or authorizations.
8.

Compliance Officer

. Within thirty (30) calendar days after the Effective Date, Fisher
shall designate a senior corporate manager with the requisite corporate and organizational authority to
serve as Compliance Officer and to discharge the duties set forth below. The person designated as the
Compliance Officer shall be responsible for developing, implementing, and administering the Compliance
Plan and ensuring that Fisher 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 Section 508 of the Act and the Licensee-Conducted Contest Rule prior to assuming his/her duties.
9.

Compliance Plan

. For purposes of settling the matters set forth herein, Fisher agrees
that it shall, within sixty (60) calendar days of the Effective Date, develop and implement a Compliance
Plan designed to ensure future compliance with the Communications Laws, including Section 508 of the
Act and Section 73.1216 of the Commission’s rules, and with the terms and conditions of this Consent
Decree. The Compliance Plan shall include, without limitation, the following components:
a.

Operating Procedures for Licensee-Conducted Contests

. Within sixty (60) calendar
days after the Effective Date, Fisher shall establish Operating Procedures that all Covered
Employees must follow to help ensure Fisher’s compliance with Section 508 of the Act and the
Licensee-Conducted Contest Rule. Fisher’s Operating Procedures shall include internal
procedures and policies specifically designed to ensure that the outcomes of Fisher’s Licensee-
Conducted contests are not predetermined or prearranged, in violation of Section 508 of the Act,
and that Fisher fully and accurately discloses the material terms of its contests, and conducts the
contests substantially as announced or advertised, consistent with Section 73.1216 of the
Commission’s rules. Fisher also shall develop a Compliance Checklist that describes the steps
4

Federal Communications Commission

DA 12-773

that a Covered Employee must follow to ensure that Licensee-Conducted contests will not result
in a violation of the Commission’s Laws regarding Licensee-Conducted contests. At a minimum,
the Compliance Checklist shall require at all times that at least two station employees, one of
which shall be a management-level employee, be involved in all aspects of the selection of
winners and the award of prizes to participants in Licensee-Conducted contests.
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 Section 508 of the Act and the Licensee-Conducted
Contest Rule, and set forth the Operating Procedures that Covered Employees shall follow to help
ensure Fisher’s compliance with the Communications Laws. Fisher shall periodically review and
revise the Compliance Manual as necessary to ensure that the information set forth therein
remains current and complete. Fisher shall distribute any revisions to the Compliance Manual
promptly to all Covered Employees.
c.

Compliance Training Program

. Fisher shall establish and implement a Compliance
Training Program on compliance with Section 508 of the Act, the Licensee-Conducted Contest
Rule and the Operating Procedures. As part of the Compliance Training Program, Covered
Employees shall be advised of Fisher’s obligation to report any noncompliance with Section 508
of the Act or the Licensee-Conducted Contest Rule under paragraph 11 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 ninety
(90) calendar days after the Effective Date, except that any person who becomes a Covered
Employee at any time after the Effective Date shall be trained within thirty (30) calendar days
after the date such person becomes a Covered Employee. Fisher shall repeat the compliance
training on an annual basis, and shall periodically review and revise the Compliance Training
Program as necessary to ensure that it remains current and complete and to enhance its
effectiveness.
10.

Reporting Noncompliance

. Fisher shall report any noncompliance with Section 508 of
the Act, the Licensee-Conducted Contest Rule, and with the terms and conditions of this Consent Decree
within thirty (30) calendar days after discovery of such noncompliance. Such reports shall include a
detailed explanation of (i) each instance of noncompliance; (ii) the steps that Fisher 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 Fisher has taken or will take to prevent the recurrence of any such noncompliance. All
reports of noncompliance shall be submitted to the Chief, Investigations and Hearings Division,
Enforcement Bureau, Federal Communications Commission, Room 4-C330, 445 12th Street, S.W.,
Washington, D.C. 20554, with a copy submitted electronically to Theresa Z. Cavanaugh at
Terry.Cavanaugh@fcc.gov, Jeffrey J. Gee at Jeffrey.Gee@fcc.gov, Kenneth M. Scheibel, Jr. at
Kenneth.Scheibel@fcc.gov, and to Amelia Brown at Amelia.Brown@fcc.gov. The reporting obligations
set forth in this paragraph 11 shall expire thirty-six (36) months after the Effective Date.
11.

Compliance Reports

. Fisher shall file Compliance Reports with the Commission ninety
(90) days after the Effective Date, twelve (12) months after the Effective Date, twenty-four (24) months
after the Effective Date, and thirty six (36) months after the Effective Date.
a.
Each compliance report shall include a detailed description of Fisher’s efforts during the
relevant period to comply with the terms and conditions of this Consent Decree, Section 508 of
the Act, and the Licensee-Conducted Contest Rule. In addition, each Compliance Report shall
include a certification by the Compliance Officer, as an agent of and on behalf of Fisher, stating
that the Compliance Officer has personal knowledge that Fisher (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
5

Federal Communications Commission

DA 12-773

with the terms and conditions of this Consent Decree, including the reporting obligations set forth
in paragraph 11 hereof.
b.
The Compliance Officer’s certification shall be accompanied by a statement explaining
the basis for such certification and must comply with Section 1.16 of the Rules21 and be
subscribed to as true under penalty of perjury in substantially the form set forth therein.
c.
If the Compliance Officer cannot provide the requisite certification, the Compliance
Officer, as an agent of and on behalf of Fisher, 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 Fisher has taken or will take to remedy such noncompliance, including the schedule on
which proposed remedial action will be taken; and (iii) the steps that Fisher has taken or will take
to prevent the recurrence of any such noncompliance, including the schedule on which such
preventive action will be taken.
d.
All Compliance Reports shall be submitted to the Chief, Investigations and Hearings
Division, Enforcement Bureau, Federal Communications Commission, Room 4-C330, 445 12th
Street, S.W., Washington, D.C. 20554, with a copy submitted electronically to Theresa Z.
Cavanaugh at Terry.Cavanaugh@fcc.gov, Jeffrey J. Gee at Jeffrey.Gee@fcc.gov, Kenneth M.
Scheibel, Jr. at Kenneth.Scheibel@fcc.gov, and to Amelia Brown at Amelia.Brown@fcc.gov.
12.

Termination Date

. Unless stated otherwise, the requirements set forth in paragraphs 9
through 12 of this Consent Decree shall expire thirty-six (36) months after the Effective Date.
13.

Section 508 and Section 73.1216 Complaints; Subsequent Investigations

. Nothing in
this Consent Decree shall prevent the Commission or its delegated authority from adjudicating complaints
filed pursuant to Section 508 of the Act or Section 73.1216 of the Commission’s rules against Fisher or its
affiliates for alleged violations of the Act or the Commission’s rules or for any other type of alleged
misconduct, regardless of when such misconduct took place. The Commission’s adjudication of any such
complaints will be based solely on the record developed in that proceeding. Except as expressly provided
in this Consent Decree, this Consent Decree shall not prevent the Commission from investigating new
evidence of noncompliance by Fisher with the Communications Laws.
14.

Voluntary Contribution

. Fisher agrees that it will make a voluntary contribution to the
United States Treasury in the amount of seven thousand dollars ($7,000). The payment must be made
within thirty (30) days after the Effective Date. The payment must be made by check or similar
instrument, payable to the order of the Federal Communications Commission. The payment must include
the Account Number and FRN referenced in the caption to the Adopting Order. Payment by check or
money order may be mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO
63197-9000. Payment by overnight mail may be sent to U.S. Bank – Government Lockbox #979088, SL-
MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. Payment by wire transfer may be made to
ABA Number 021030004, receiving bank TREAS/NYC, and Account Number 27000001. Payment by
credit card may be made by submitting credit card account information and an authorized signature on
FCC Form 159 (Remittance Advice). Regardless of the form of payment, a completed FCC Form 159
must be submitted at the time of payment. 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). Fisher shall also send electronic notification to Theresa Z. Cavanaugh at
Terry.Cavanaugh@fcc.gov, Jeffrey J. Gee at Jeffrey.Gee@fcc.gov, Kenneth M. Scheibel, Jr. at
Kenneth.Scheibel@fcc.gov, and to Amelia Brown at Amelia.Brown@fcc.gov on the date said payment is
made.


21 47 C.F.R. § 1.16
6

Federal Communications Commission

DA 12-773

15.

Waivers

. Fisher waives any and all rights it may have to seek administrative or judicial
reconsideration, review, appeal or stay, or to otherwise challenge or contest the validity of this Consent
Decree and the Adopting Order, provided the Bureau issues an Adopting Order as defined herein. Fisher
shall retain the right to challenge Commission interpretation of the Consent Decree or any terms
contained herein. If either Party (or the United States on behalf of the Commission) brings a judicial
action to enforce the terms of the Adopting Order, neither Fisher nor the Commission shall contest the
validity of the Consent Decree or the Adopting Order, and Fisher shall waive any statutory right to a trial
de novo. Fisher hereby agrees to waive any claims it may have under the Equal Access to Justice Act, 5
U.S.C. § 504 and 47 C.F.R. § 1.1501 et seq., relating to the matters addressed in this Consent Decree.
16.

Liability

. Fisher admits, solely for the purpose of this Consent Decree and for
Commission civil enforcement purposes, and in express reliance on the provisions of paragraph 8 hereof,
that the broadcast material at issue in this Consent Decree is in violation of 47 U.S.C. § 509 and 47 C.F.R.
§ 73.1216, assuming construction of these terms as they are construed by the Bureau as of the date hereof.
Notwithstanding any other provision of this Consent Decree, it is expressly agreed and understood that if
this Consent Decree, or paragraph 8 hereof, or both, are breached by the Bureau, or are invalidated or
modified to Fisher’s prejudice by the Commission, Bureau, or any court, then and in that event the
provisions of the immediately-preceding sentence shall be of no force or effect whatever, and Fisher shall
not, by virtue of that sentence or any other provision of this Consent Decree, be deemed to have made any
admission concerning violations of 47 U.S.C. § 509 or 47 C.F.R. § 73.1216.
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 this Consent Decree to which Fisher does not expressly
consent) that provision will be superseded by such rule or Commission order.
19.

Successors and Assigns

. Fisher agrees that the provisions of this Consent Decree shall
be binding on its successors, assigns, and transferees.
20.

Final Settlement

. The Parties agree and acknowledge that this Consent Decree shall
constitute a final settlement between the Parties with respect to the Investigation.
21.

Modifications

. This Consent Decree cannot be modified without the advance written
consent of both Parties.
22.

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.
23.

Authorized Representative

. The individual signing this Consent Decree on behalf of
Fisher represents and warrants that he is authorized by Fisher to execute this Consent Decree and to bind
Fisher to the obligations set forth herein. The FCC signatory represents that she is signing this Consent
Decree in her official capacity and that she is authorized to execute this Consent Decree.
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DA 12-773

24.

Counterparts

. This Consent Decree may be signed in any number of counterparts
(including by facsimile), each of which, when executed and delivered, shall be an original, and all of
which counterparts together shall constitute one and the same fully executed instrument.
________________________________
P. Michele Ellison
Chief
Enforcement Bureau
________________________________
Date
________________________________
Robert I. Dunlop
Executive Vice President Operations
Fisher Broadcasting – Seattle Radio, L.L.C.
________________________________
Date
8

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