Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

KCETLink

Download Options

Released: March 28, 2013

Federal Communications Commission

DA 13-556

Before the

Federal Communications Commission

Washington, D.C. 20554

)
In the Matter of
)
)
File No.: EB-10-LA-0214
KCETLink
)
NAL/Acct. No.: 201132900003
)
FRN: 0001529213
Licensee of Noncommercial Educational TV
)
Facility ID No.: 13058
Station KCET, Los Angeles, California
)

ORDER

Adopted: March 27, 2013


Released: March 28, 2013

By the Regional Director, Western Region, Enforcement Bureau:
1.
In this Order, we adopt the attached Consent Decree entered into between the
Enforcement Bureau (Bureau) of the Federal Communications Commission and KCETLink, Licensee of
Noncommercial Educational TV Station KCET, Los Angeles, California.1 The Consent Decree resolves
and terminates the Bureau’s investigation into KCETLink’s compliance with Section 73.3527(c) of the
Commission’s rules2 concerning the availability of the Station KCET public inspection file.
2.
The Bureau and KCETLink have negotiated the Consent Decree that resolves this matter,
including a detailed, two-year compliance plan requirement. A copy of the Consent Decree is attached
hereto and incorporated herein by reference.
3.
After reviewing the terms of the Consent Decree and evaluating the facts before us, we
find that the public interest would be served by adopting the Consent Decree and terminating the
investigation.
4.
In the absence of material new evidence relating to this matter, we conclude that our
investigation raises no substantial or material questions of fact as to whether KCETLink possesses the
basic qualifications, including those related to character, to hold or obtain any Commission license or
authorization.
5.
Accordingly,

IT IS ORDERED

that, pursuant to Sections 4(i), 4(j), and 503(b) of the
Communications Act of 1934, as amended,3 and Sections 0.111 and 0.311 of the Commission’s rules,4 the
Consent Decree attached to this Order

IS ADOPTED

.


1 By letter dated January 4, 2013, counsel to KCETLink notified the Commission of the corporate name change of
the licensee of Station KCET, Los Angeles, California, from Community Television of Southern California to
KCETLink. See Letter from Maureen R. Jeffreys, Arnold & Porter LLP, to Marlene H. Dortch, Secretary, Federal
Communications Commission (Jan. 4, 2013). The name change did not involve a change in the ownership or
control of the stations involved. Id.
2 47 C.F.R. § 73.3527(c).
3 47 U.S.C. §§ 154(i), 154(j), 503(b).
4 47 C.F.R. §§ 0.111, 0.311.

Federal Communications Commission

DA 13-556

6.

IT IS FURTHER ORDERED

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

IS TERMINATED

.
7.

IT IS FURTHER ORDERED

that a copy of this Order and Consent Decree shall be
sent by first class mail and certified mail, return receipt requested, to KCETLink, 2900 West Almeda
Avenue, Burbank, CA 91505, and its counsel of record, Maureen R. Jeffreys, Esquire, Arnold & Porter,
LLP, 555 Twelfth Street, NW, Washington, D.C. 20004.
FEDERAL COMMUNICATIONS COMMISSION
Rebecca L. Dorch
Regional Director
Western Region
Enforcement Bureau
2


Federal Communications Commission

DA 13-556

Before the

Federal Communications Commission

Washington, D.C. 20554

)
In the Matter of
)
)
KCETLink
)
File No.: EB-10-LA-0214
)
NAL/Acct. No.: 201132900003
Licensee of Noncommercial Educational TV
)
FRN: 0001529213
Station KCET, Los Angeles, California
)
Facility ID No.: 13058
)

CONSENT DECREE

The Enforcement Bureau of the Federal Communications Commission and KCETLink, by their
authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the
Bureau’s investigation into possible violations of Section 73.3527(c) of the Commission’s rules5
pertaining to the availability of the Station KCET public inspection file.

I.

DEFINITIONS

1.
For the purposes of this Consent Decree, the following definitions shall apply:
(a) “Act” means the Communications Act of 1934, as amended, 47 U.S.C. § 151 et seq.
(b) “Adopting Order” means an order of the Bureau adopting the terms of this Consent
Decree without change, addition, deletion, or modification.
(c) “Bureau” means the Enforcement Bureau of the Federal Communications
Commission.
(d) “Commission” and “FCC” mean the Federal Communications Commission and all
of its bureaus and offices.
(e) “Communications Laws” means collectively, the Act, the Rules, and the published
and promulgated orders and decisions of the Commission to which KCETLink is
subject by virtue of its business activities.
(f) “Compliance Plan” means the compliance obligations, programs, and procedures
described in this Consent Decree at paragraph 9.
(g) “Covered Employees” means all employees and agents of KCETLink who perform,
or supervise, oversee, or manage the performance of, duties that relate to
KCETLink’s responsibilities under the Public Inspection File Rules.
(h) “Effective Date” means the date on which the Bureau releases the Adopting Order.
(i) “KCETLink” means KCETLink, and its predecessors-in-interest and successors-in-
interest.


5 47 C.F.R. § 73.3527(c).

Federal Communications Commission

DA 13-556
(j) “Investigation” means the investigation commenced by the Bureau’s Los Angeles
District Office regarding the availability of the Station KCET public inspection file.
(k) “NAL” means the Notice of Apparent Liability for Forfeiture released by the Bureau
on February 8, 2011, Community Television of Southern California, 26 FCC Rcd
1107 (Enf. Bur. 2011).
(l)
“Operating Procedures” means the standard, internal operating procedures and
compliance policies established by KCETLink to implement the Compliance Plan.
(m) “Parties” means KCETLink and the Bureau, each of which is a “Party.”
(n) “Public Inspection File Rules” means Section 73.3527 of the Rules and other
Communications Laws governing the public inspection files of noncommercial
educational stations.
(o) “Rules” means the Commission’s regulations found in Title 47 of the Code of
Federal Regulations.
(p) “Station” means Broadcast Station KCET, Los Angeles, California (Facility ID No.
13058).

II.

BACKGROUND

2.
In early August 2010, following press reports that KCETLink was considering ending the
Station’s carriage of Public Broadcasting Service (PBS) programming because of expense issues, the
Station began receiving threats from anonymous individuals. In response, the Station put security
measures in place, including restricting public access to the Station’s main studio.6 On August 19 and 20,
2010, an agent from the Enforcement Bureau’s Los Angeles District Office sought access to the Station
during regular business hours to review the public inspection file. The agent initially did not identify
himself as an FCC agent, and due to the security concerns, Station personnel refused to allow him into the
Station without an appointment. When the agent ultimately identified himself as an FCC agent, however,
Station personnel permitted him to enter, where he inspected the public inspection file and found that it
complied with FCC rules.
3.
On February 8, 2011, the Enforcement Bureau’s Los Angeles District Office issued an
NAL to KCETLink for apparent willful and repeated violation of the Public Inspection File Rules for
failing to make the Station KCET public inspection file available for inspection during regular business
hours. KCETLink filed a response to the NAL on March 8, 2011, stating it had delayed providing access
to its public inspection file because the agent had not initially identified himself as an FCC agent and the
Station recently had imposed heightened security at the main studio in response to threats. Subsequently,
KCETLink and the Bureau entered into settlement discussions.


6 In response to the credible threats of violence against the Station, KCETLink also requested, and received,
permission from the Commission’s Media Bureau to refile its ownership reports omitting the individual addresses of
KCETLink’s board members. See, e.g. , File No. BOA - 20100730AAE, accepted August 2, 2010, amendment
accepted October 12, 2010.
2

Federal Communications Commission

DA 13-556

III.

TERMS OF AGREEMENT

4.

Adopting Order

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

Jurisdiction

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

Effective Date; Violations

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

Termination of Investigation

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

Compliance Officer

. Within thirty (30) calendar days after the Effective Date,
KCETLink shall designate a senior corporate manager with the requisite corporate and organizational
authority to serve as Compliance Officer and to discharge the duties set forth below. The person
designated as the Compliance Officer shall be responsible for developing, implementing, and
administering the Compliance Plan and ensuring that KCETLink complies with the terms and conditions
of the Compliance Plan and this Consent Decree. In addition to the general knowledge of the
Communications Laws necessary to discharge his/her duties under this Consent Decree, the Compliance
Officer shall have specific knowledge of the Public Inspection File Rules prior to assuming his/her duties.
9.

Compliance Plan

. For purposes of settling the matters set forth herein, KCETLink
agrees that it shall within sixty (60) calendar days after the Effective Date, develop and implement a
Compliance Plan designed to ensure future compliance with the Communications Laws and with the
terms and conditions of this Consent Decree. With respect to the Public Inspection File Rules,
KCETLink shall implement the following procedures:
(a)

Operating Procedures on Public Inspection File Rules

. Within sixty (60)
calendar days after the Effective Date, KCETLink shall establish Operating
Procedures that all Covered Employees must follow to help ensure KCETLink’s
compliance with the Public Inspection File Rules. KCETLink’s Operating
Procedures shall include internal procedures and policies specifically designed to
3

Federal Communications Commission

DA 13-556
ensure that KCETLink complies with the requirements of the Public Inspection File
Rules. KCETLink also shall develop a Compliance Checklist that describes the
steps that a Covered Employee must follow to ensure compliance with the Public
Inspection File Rules. At a minimum, the Compliance Checklist shall require
Covered Employees to ensure that the Public Inspection File Rules are being
followed.
(b)

Compliance Manual

. Within sixty (60) calendar days after the Effective Date, the
Compliance Officer shall develop and distribute a Compliance Manual to all
Covered Employees. The Compliance Manual shall explain the Public Inspection
File Rules and set forth the Operating Procedures that Covered Employees shall
follow to help ensure KCETLink’s compliance with the Public Inspection File
Rules. KCETLink shall periodically review and revise the Compliance Manual as
necessary to ensure that the information set forth therein remains current and
complete. KCETLink shall distribute any revisions to the Compliance Manual
promptly to all Covered Employees.
(c)

Compliance Training Program

. KCETLink shall establish and implement a
Compliance Training Program on compliance with the Public Inspection File Rules
and the Operating Procedures. As part of the Compliance Training Program,
Covered Employees shall be advised of KCETLink’s obligation to report any
noncompliance with the Public Inspection File Rules under paragraph 10 of this
Consent Decree and shall be instructed on how to disclose noncompliance to the
Compliance Officer. All Covered Employees shall be trained pursuant to the
Compliance Training Program within sixty (60) calendar days after the Effective
Date, except that any person who becomes a Covered Employee at any time after the
Effective Date shall be trained within thirty (30) calendar days after the date such
person becomes a Covered Employee. KCETLink shall repeat the compliance
training on an annual basis, and shall periodically review and revise the Compliance
Training Program as necessary to ensure that it remains current and complete and to
enhance its effectiveness.
10.

Reporting Noncompliance

. KCETLink shall report any noncompliance with the Public
Inspection File Rules and with the terms and conditions of this Consent Decree within fifteen (15)
calendar days after discovery of such noncompliance. Such reports shall include a detailed explanation of
(i) each instance of noncompliance; (ii) the steps that KCETLink has taken or will take to remedy such
noncompliance; (iii) the schedule on which such remedial actions will be taken; and (iv) the steps that
KCETLink has taken or will take to prevent the recurrence of any such noncompliance. All reports of
noncompliance shall be submitted to the Federal Communications Commission, Enforcement Bureau,
Western Region, Los Angeles Office, 18000 Studebaker Rd., #660, Cerritos, California, 90703, with a
copy submitted electronically to WR-RESPONSE@fcc.gov.
11.

Compliance Reports

. KCETLink shall file Compliance Reports with the Commission
ninety (90) calendar days after the Effective Date, twelve (12) months after the Effective Date, and
twenty-four (24) months after the Effective Date.
(a) Each compliance report shall include a detailed description of KCETLink efforts
during the relevant period to comply with the terms and conditions of this Consent
Decree and the Public Inspection File Rules. In addition, each Compliance Report
shall include a certification by the Compliance Officer, as an agent of and on behalf
of KCETLink, stating that the Compliance Officer has personal knowledge that
KCETLink (i) has established and implemented the Compliance Plan; (ii) has
4

Federal Communications Commission

DA 13-556
utilized the Operating Procedures since the implementation of the Compliance
Plan; and (iii) is not aware of any instances of noncompliance with the terms and
conditions of this Consent Decree, including the reporting obligations set forth in
paragraph 10 hereof.
(b) The Compliance Officer’s certification shall be accompanied by a statement
explaining the basis for such certification and must comply with Section 1.16 of the
Rules7 and be subscribed to as true under penalty of perjury in substantially the
form set forth therein.
(c) If the Compliance Officer cannot provide the requisite certification, the
Compliance Officer, as an agent of and on behalf of KCETLink, shall provide the
Commission with a detailed explanation of the reason(s) why and describe fully (i)
each instance of noncompliance; (ii) the steps that KCETLink has taken or will
take to remedy such noncompliance, including the schedule on which proposed
remedial actions will be taken; and (iii) the steps that KCETLink has taken or will
take to prevent the recurrence of any such noncompliance, including the schedule
on which such preventive action will be taken.
(d) All Compliance Reports shall be submitted to the Federal Communications
Commission, Enforcement Bureau, Western Region, Los Angeles Office, 18000
Studebaker Rd., #660, Cerritos, California, 90703, with a copy submitted
electronically to WR-RESPONSE@fcc.gov.
12.

Termination Date

. Unless stated otherwise, the obligations set forth in paragraphs 8
through 11 of this Consent Decree shall expire twenty-four (24) months after the Effective Date.
13.

Complaints; Subsequent Investigations

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

14.

Voluntary Contribution.

KCETLink agrees that it will make a voluntary contribution
to the United States Treasury in the amount of six thousand dollars ($6,000) within thirty (30) calendar
days after the Effective Date. KCETLink shall also send electronic notification of payment to WR-
RESPONSE@fcc.gov on the date said payment is made. The payment must be made by check or similar
instrument, wire transfer, or credit card, and must include the NAL/Account number and FRN referenced
above. Regardless of the form of payment, a completed FCC Form 159 (Remittance Advice) must be
submitted.8 When completing the FCC Form 159, enter the Account Number in block number 23A (call
sign/other ID) and enter the letters “FORF” in block number 24A (payment type code). Below are
additional instructions you should follow based on the form of payment you select:
Ÿ
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


7 47 C.F.R. § 1.16.
8 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
5

Federal Communications Commission

DA 13-556
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.
Ÿ
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.
Ÿ
Payment by credit card must be made by providing the required credit card information on
FCC Form 159 and signing and dating the Form 159 to authorize the credit card payment.
The completed Form 159 must then be mailed to Federal Communications Commission, P.O.
Box 979088, St. Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank –
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
63101.
If you have questions regarding payment procedures, please contact the Financial Operations Group Help
Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
15.

Waivers

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

Invalidity

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

Subsequent Rule or Order

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

Successors and Assigns

. KCETLink agrees that the provisions of this Consent Decree
shall be binding on its successors, assigns, and transferees.
19.

Final Settlement

. The Parties agree and acknowledge that this Consent Decree shall
constitute a final settlement between the Parties with respect to the Investigation and the NAL. The
Parties further agree that this Consent Decree does not constitute either an adjudication on the merits or a
factual or legal finding or determination regarding any compliance or noncompliance with the
requirements of the Communications Laws. The Parties agree that this Consent Decree is for settlement
purposes only and that, by agreeing to this Consent Decree, KCETLink does not admit or deny
noncompliance, violation, or liability for any violation of the Communications Laws in connection with
the matters that are the subject of the Investigation, NAL, or this Consent Decree.
20.

Modifications

. This Consent Decree cannot be modified without the advance written
consent of both Parties.
6

Federal Communications Commission

DA 13-556
21.

Paragraph Headings

. The headings of the paragraphs in this Consent Decree are
inserted for convenience only and are not intended to affect the meaning or interpretation of this Consent
Decree.
22.

Authorized Representative

. The individual signing this Consent Decree on behalf of
KCETLink represents and warrants that he is authorized by KCETLink to execute this Consent Decree
and to bind KCETLink to the obligations set forth herein. The FCC signatory represents that she is
signing this Consent Decree in her official capacity and that she is authorized to execute this Consent
Decree.
23.

Counterparts

. This Consent Decree may be signed in any number of counterparts
(including by facsimile), each of which, when executed and delivered, shall be an original, and all of
which counterparts together shall constitute one and the same fully executed instrument.
________________________________
Rebecca L. Dorch
Regional Director
Western Region
Enforcement Bureau
________________________________
Date
________________________________
Al Jerome
President and Chief Executive Officer
KCETLink
________________________________
Date
7

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.