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KM LPTV of Atlanta, L.L.C.

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Released: February 6, 2014

Federal Communications Commission

DA 14-143

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

File No.: BRDTA-20121203AYW
KM LPTV of Atlanta, L.L.C.
)
NAL Acct. No.: 201441420002
Licensee of Station WSKC-CD,
)
FRN: 0005014766
Atlanta, Georgia
)

ORDER

Adopted: February 6, 2014

Released: February 6, 2014

By the Chief, Media Bureau:
1.
In this Order, we adopt the attached Consent Decree entered into between the Media
Bureau (Bureau) and KM LPTV of Atlanta, L.L.C. (“Licensee”) and grant the above-captioned
application to renew the license of Station WSKC-CD (“Station”).
2. On March 13 and April 23, 2012, letters of inquiry were sent to the licensee regarding the
Station’s failure to comply with the requirements of Section 73.3526 of the Commission’s Rules,
including but not limited the timely filing on a quarterly basis of the Station’s issues/programs lists and
Children’s Television Programming Reports.1
3. The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolves
the above-referenced inquiries. 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. A copy of the
Consent Decree is attached and incorporated by reference.
4. In the absence of material new evidence relating to this matter, we conclude that the matters
referenced above raise no substantial or material questions of fact as to whether the Licensee possesses
the basic qualifications, including those related to character, to hold a Commission license or
authorization. We have further examined the pending above-captioned assignment applications and find
that the applicants are fully qualified and that grant of the assignment applications are in the public
interest, convenience and necessity.
5. Accordingly,

IT IS ORDERED

that, pursuant to Sections 4(i), 4(j), and 503(b) of the
Communications Act of 1934, as amended,2 and Sections 0.111 and 0.311 of the Rules,3 the Consent
Decree attached to this Order

IS ADOPTED

.
6.

IT IS FURTHER ORDERED

that the application to renew the license of Station WSKC-
CD, File No. BRDTA- 20121203AYW,

IS GRANTED

.


1 See 47 C.F.R. § 73.3526.
2 See 47 U.S.C. §§ 154(i), 154(j), 503(b).
3 See 47 C.F.R. §§ 0.111, 0.311.

Federal Communications Commission

DA 14-143

7.

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, Aaron P.
Shainis, Shainis & Peltzman, Chartered, 1850 M Street NW, Washington, D.C., 20036.
FEDERAL COMMUNICATIONS COMMISSION
William T. Lake
Chief, Media Bureau
2

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

File No.: BRDTA-20121203AYW
KM LPTV of Atlanta, L.L.C.
)
NAL Acct. No.: 201441420002
Licensee of Station WSKC-CD,
)
FRN: 0005014766
Atlanta, Georgia
)

CONSENT DECREE

1.
The Media Bureau of the Federal Communications Commission and KM LPTV of
Atlanta, 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 Sections 73.3526(e)(11) of the
Commission’s Rules (the “Public File Rule”)1 pertaining to the timely preparation, placement in the
public file and electronic filing of FCC Form 398 Children’s Television Programming Reports and
issues/programs lists on a quarterly basis.

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 the Order of the Bureau adopting the terms of this
Consent Decree without change, addition, deletion, or modification.
c)
“Bureau” means the Media 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
KM LPTV of Atlanta, L.L.C. is subject by virtue of it being a Commission
licensee, including but not limited to 73.3526(e)(11) of the Commission’s Rules.
f)
“Effective Date” means the date on which the Bureau releases the Adopting
Order.
g)
“Investigation” means the March 13 and April 22, 2012, letters of inquiry
regarding, among other things, the stations’ compliance with the Public File
Rule.


1 See 47 C.F.R. § 73.3526(e)(11)(iii).

Federal Communications Commission

h)
“KM LPTV of Atlanta” means KM LPTV of Atlanta, L.L.C. and its
predecessors-in-interest and successors-in-interest.
i)
“Parties” means KM LPTV of Atlanta and the Bureau, each of which is a
“Party.”
j)
“Rules” means the Commission’s regulations found in Title 47 of the Code of
Federal Regulations.
k)
“Station” means WSKC-CD, Atlanta, Georgia.

II. DISCUSSION

3.
Section 73.3526 of the Rules requires each commercial broadcast licensee to maintain a
public inspection file containing specific types of information related to station operations.2 As set forth
in subsection 73.3526(e)(11)(i), each television station is required to prepare and place in its public
inspection file issues/programs lists for each calendar quarter reflecting programming broadcast on the
station responsive to the needs and interests of the community of the licensee. As set forth in subsection
73.3526(e)(11)(iii), each commercial television licensee is required to prepare and place in its public
inspection file a Children’s Television Programming Report (FCC Form 398) for each calendar quarter
reflecting, inter alia, the efforts that it made during the quarter to serve the educational and informational
needs of children.3
4.
On March 13 and April 23, 2012, the staff issued a letter to the Station requesting
information regarding, among other issues, the stations’ failure to file their Children’s Television
Programming Reports and issues/programs lists in a timely manner.4 Our review of the response led us to
conclude that the Station failed to file the reports and lists in a timely manner repeatedly throughout the
license period and failed to report those violations in the Station’s license renewal application, in violation
of Section 73.3514(a) of the Rules.5

III. TERMS OF AGREEMENT

5.

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.
6.

Jurisdiction

. KM LPTV of Atlanta 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.
7.

Effective Date; Violations

. The Parties agree that this Consent Decree shall become
effective on the Effective Date as defined herein. As of the Effective Date, the Adopting Order and this
Consent Decree shall have the same force and effect as any other order of the Commission. Any violation


2 47 C.F.R. § 73.3526.
3 47 C.F.R. § 73.3526(e)(11)(iii).
4 See Letters from Barbara A. Kreisman, Chief, Video Division, to KM LPTV of Atlanta, LLC, dated March 13,
2012 and April 23, 2012.
5 47 C.F.R. § 73.3514(a).
2

Federal Communications Commission

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.
8.

Termination of Investigation

. In express reliance on the covenants and representations
in this Consent Decree and to avoid further expenditure of public resources, the Bureau agrees to
terminate the Investigation. In consideration for the termination of the Investigation, KM LPTV of
Atlanta agrees to the terms and conditions 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 KM LPTV of Atlanta
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 KM LPTV of Atlanta with respect to
KM LPTV of Atlanta’s basic qualifications, including its character qualifications, to be a Commission
licensee or to hold Commission licenses or authorizations, or with respect to the reclassification of any of
the stations to low power television status.
9.

Subsequent Investigations

. Nothing in this Consent Decree shall prevent the
Commission or its delegated authority from adjudicating complaints or other adjudicatory pleadings filed
against KM LPTV of Atlanta 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 KM LPTV of Atlanta with the
Communications Laws.
10.

Voluntary Contribution

. KM LPTV of Atlanta agrees that it will make a voluntary
contribution to the United States Treasury in the amount of twenty four thousand dollars ($24,000). An
initial payment of $1,000 must be made within thirty (30) calendar days of the Effective Date. Another
$11,000 must be paid within one (1) year of the Effective Date. The remaining $12,000 of the voluntary
contribution amount must be paid within two (2) years of the Effective Date. The KM LPTV of Atlanta
shall also send electronic notification of all payments to Peter Saharko at Peter.Saharko@fcc.gov on the
dates said payments are made. The payments 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.6
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:7
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
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.


6
An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
7 Should KM LPTV of Atlanta have questions regarding payment procedures, it should contact the Financial
Operations Group Help Desk by phone at 1-877-480-3201, or by e-mail at ARINQUIRIES@fcc.gov.
3

Federal Communications Commission

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.
11.

Waivers

. KM LPTV of Atlanta 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. KM LPTV of Atlanta 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 KM LPTV of
Atlanta nor the Commission shall contest the validity of the Consent Decree or the Adopting Order, and
KM LPTV of Atlanta shall waive any statutory right to a trial de novo. KM LPTV of Atlanta 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.
12.

Liability

. KM LPTV of Atlanta admits, solely for the purpose of this Consent Decree
and for Commission civil enforcement purposes, and in express reliance on the provisions of paragraph
10 hereof, that the facts discussed in paragraphs 3-4 above constitute violations of Section 73.3526(e)(11)
of the Commission’s rules. 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 KM LPTV of Atlanta’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 KM LPTV of Atlanta 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
C.F.R. § 73.3526(e)(11).
13.

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.
14.

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 KM LPTV of Atlanta does not
expressly consent) that provision will be superseded by such rule or Commission order.
15.

Successors and Assigns

. KM LPTV of Atlanta agrees that the provisions of this
Consent Decree shall be binding on and inure to the benefit of its successors, assigns, and transferees.
16.

Final Settlement

. The Parties agree and acknowledge that this Consent Decree shall
constitute a final settlement between the Parties with respect to the Investigation.
17.

Modifications

. This Consent Decree cannot be modified without the advance written
consent of both Parties.
18.

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.
4

Federal Communications Commission

19.

Authorized Representative

. The individual signing this Consent Decree on behalf of
KM LPTV of Atlanta represents and warrants that he is authorized by KM LPTV of Atlanta to execute
this Consent Decree and to bind KM LPTV of Atlanta to the obligations set forth herein. The FCC
signatory represents that he is signing this Consent Decree in his official capacity and that he is
authorized to execute this Consent Decree.
20.

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.
Media Bureau
By:
________________________________
William T. Lake
Chief
Media Bureau
________________________________
Date
KM LPTV of Atlanta Network, LLC
By:
________________________________
Kevin Bae
Vice President
________________________________
Date
5

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