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KSBJ Educational Foundation, Inc

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Released: December 18, 2013
Federal Communications Commission

DA 13-2252

Before the

Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of
)
File No.: EB-SED-12-00000691
)
KSBJ Educational Foundation, Inc.
)
Acct. No.: 201432100005
)
)
FRN: 0006157721

ORDER

Adopted: December 18, 2013

Released: December 18, 2013
By the Chief, Enforcement Bureau:
1.
In this Order, we adopt the attached Consent Decree entered into between the
Enforcement Bureau (Bureau) of the Federal Communications Commission (Commission) and KSBJ
Educational Foundation, Inc. (KSBJ). The Consent Decree resolves and terminates the Bureau’s
investigation into possible violations of Section 301 of the Communications Act of 1934, as amended
(Act),1 and Sections 25.102(a) and 25.121(e) of the Commission’s rules (Rules),2 pertaining to the
possible unauthorized operation of a fixed earth station.
2.
The Bureau and KSBJ have negotiated the Consent Decree that resolves this matter. 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 KSBJ 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
Act,3 and Sections 0.111 and 0.311 of the Rules,4 the Consent Decree attached to this Order

IS
ADOPTED

.

1 47 U.S.C. § 301.
2 47 C.F.R. §§ 25.102(a), 25.121(e).
3 47 U.S.C. §§ 154(i), 154(j), 503(b).
4 47 C.F.R. §§ 0.111, 0.311.

Federal Communications Commission

DA 13-2252

6.

IT IS FURTHER ORDERED

that the above-captioned investigation

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 Randy Schroeder, Chairman of the
Board, KSBJ Educational Foundation, Inc., 327 Wilson Boulevard, Humble, TX 77347, and to A. Wray
Fitch III, Esq., Gammon & Grange, P.C., Counsel for KSBJ Educational Foundation, Inc., 8280
Greensboro Dr., Seventh Floor, McLean, VA 22102.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief
Enforcement Bureau
2

Federal Communications Commission

DA 13-2252

Before the

Federal Communications Commission

Washington, D.C. 20554

)
)
File No.: EB-SED-12-00000691
In the Matter of
)
) Acct. No.: 201432100005
KSBJ Educational Foundation, Inc.
)
)
FRN: 0006157721

CONSENT DECREE

The Enforcement Bureau of the Federal Communications Commission and KSBJ Educational
Foundation, Inc., by their respective authorized representatives, hereby enter into this Consent Decree for
the purpose of terminating the Enforcement Bureau’s investigation into possible violations of Section 301
of the Communications Act of 1934, as amended,1 and Sections 25.102(a) and 25.121(e) of the
Commission’s rules,2 pertaining to the apparent unauthorized operation of a fixed earth station.

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
KSBJ is subject by virtue of its business activities, including but not limited to,
the Licensing 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 KSBJ who perform, or
supervise, oversee, or manage the performance of, duties that relate to KSBJ’s
responsibilities under the Licensing Rules.

1 47 U.S.C. § 301.
2 47 C.F.R. §§ 25.102(a), 25.121(e).

Federal Communications Commission

DA 13-2252

(h)
“Effective Date” means the date on which the Bureau releases the Adopting
Order.
(i)
“Investigation” means the investigation commenced by the Bureau’s May 31,
2012, letter of inquiry3 regarding whether KSBJ operated fixed earth station
E940280 in Humble, Texas, after expiration of its license.
(j)
“KSBJ” means KSBJ Educational Foundation, Inc., and its predecessors-in-
interest and successors-in-interest.
(k)
“Licensing Rules” means Section 301 of the Act, Sections 25.102(a) and
25.121(e) of the Rules,4 and other Communications Laws governing the use or
operation of fixed satellite earth stations.
(l)
“Operating Procedures” means the standard, internal operating procedures and
compliance policies established by KSBJ to implement the Compliance Plan.
(m)
“Parties” means KSBJ 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.

II.

BACKGROUND

2.
Section 301 of the Act and Section 25.102(a) of the Rules prohibit the use or operation of
any apparatus for the transmission of energy or communications or signals by an earth station except
under and in accordance with an authorization granted by the Commission.5 Section 25.121(e) requires a
licensee of an earth station to file its renewal application “no earlier than 90 days, and no later than 30
days, before the expiration date of the license.”6 Absent a timely filed renewal application, an earth
station license automatically terminates at the end of the license period.7
3.
Commission records indicate that KSBJ did not timely file an application to renew the
license for its fixed earth station (call sign E940280), and as a result, the license automatically expired on
June 24, 2004.8 On September 13, 2011, KSBJ filed with the Commission’s International Bureau a
request for Special Temporary Authority (STA) to operate an earth station.9 On January 18, 2012, the
International Bureau dismissed the STA request because it was defective.10 Two days later, on January
20, 2012, KSBJ filed a second STA request, which the International Bureau granted on January 23,

3 See Letter from John D. Poutasse, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Mark
Wanner, Senior Director of Planning and Technology, KSBJ Educational Foundation (May 31, 2012) (on file in EB-
SED-12-00000691).
4 47 U.S.C. § 301; 47 C.F.R. §§ 25.102(a), 25.121(e).
5 47 U.S.C. § 301; 47 C.F.R. § 25.102(a).
6 47 C.F.R. § 25.121(e).
7 47 C.F.R. § 25.161(b).
8 See File No. SES-LIC-19940421-01478.
9 See File No. SES-STA-20110913-01082.
10 See Letter from Paul E. Blais, Chief, Systems Analysis Branch, Satellite Division, FCC International Bureau (Jan.
18, 2012).
2

Federal Communications Commission

DA 13-2252

2012.11 Because it appeared that KSBJ may have operated its earth station after the expiration of the
station license, the International Bureau referred this matter to the Enforcement Bureau for investigation
and possible enforcement action.
4.
On May 31, 2012, the Bureau’s Spectrum Enforcement Division issued a letter of inquiry
(LOI) to KSBJ,12 directing KSBJ to submit a sworn written response to a series of questions relating to its
operation of fixed earth station E940280. KSBJ responded to the LOI on June 25, 2012.13 In its LOI
Response, KSBJ stated that it discovered that its earth station license had expired on September 12, 2011,
and that it took “immediate action” to come into compliance by filing its initial STA request the next
day.14 KSBJ also acknowledged that it continued to operate the earth station until its initial STA request
was dismissed.15 The Bureau and KSBJ entered into a tolling agreement to toll the statute of limitations.16

III.

TERMS OF THE 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

. KSBJ 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
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, KSBJ 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 the Investigation through the Effective
Date, or the existence of this Consent Decree, to institute on its own motion any new proceeding, formal
or informal, or take any action on its own motion against KSBJ concerning the matters that were the
subject of the Investigation. The Bureau also agrees that in the absence of new material evidence it will

11 See File No. SES-STA-20120120-00080. On February 28, 2012, KSBJ filed an application for a new earth
station license, which was granted on May 1, 2012 under call sign E120042. See File No. SES-LIC-20120228-
00221.
12 See supra note 3.
13 See Letter from A. Wray Fitch, Esq., Gammon & Grange, P.C., Counsel for KSBJ Educational Foundation, Inc.,
to Marlene H. Dortch, Secretary, Federal Communications Commission (June 25, 2012) (on file in EB-SED-12-
00000691) (LOI Response).
14 See id. at 2–3.
15 See id. at 3.
16 See, e.g., Tolling Agreement Extension, File No. EB-SED-12-00000691, executed by and between John D.
Poutasse, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, and A.Wray Fitch III, Esq., Gammon
& Grange, P.C., Counsel for KSBJ Educational Foundation (Sept. 20, 2013) (on file in EB-SED-12-00000691).
3

Federal Communications Commission

DA 13-2252

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 KSBJ with respect to KSBJ’s basic qualifications, including its character
qualifications, to be a Commission licensee or to hold Commission licenses or authorizations.
9.

Compliance Officer

. Within thirty (30) calendar days after the Effective Date, KSBJ
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 Compliance Officer shall be
responsible for developing, implementing, and administering the Compliance Plan and ensuring that
KSBJ 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 Licensing Rules
prior to assuming his/her duties.
10.

Compliance Plan

. For purposes of settling the matters set forth herein, KSBJ 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 Licensing Rules, KSBJ shall implement the
following procedures:
(a)

Operating Procedures on Licensing Rules

. Within sixty (60) calendar days
after the Effective Date, KSBJ shall establish Operating Procedures that all
Covered Employees must follow to help ensure KSBJ’s compliance with the
Licensing Rules. As part of the Operating Procedures, the Compliance Officer
shall designate a Covered Employee to be responsible for developing and
maintaining a database of all FCC licenses held by KSBJ and the expiration date
of each such license. The Compliance Officer shall ensure that KSBJ timely files
applications for renewal for any FCC licenses that KSBJ intends to operate after
the license’s expiration date.
(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 Licensing Rules
and set forth the Operating Procedures that Covered Employees shall follow to
help ensure KSBJ’s compliance with the Licensing Rules. KSBJ shall
periodically review and revise the Compliance Manual as necessary to ensure
that the information set forth therein remains current and complete. KSBJ shall
distribute any revisions to the Compliance Manual promptly to all Covered
Employees.
(c)

Compliance Training Program

. KSBJ shall establish and implement a
Compliance Training Program on compliance with the Licensing Rules and the
Operating Procedures. As part of the Compliance Training Program, Covered
Employees shall be advised of KSBJ’s obligation to report any noncompliance
with the Licensing Rules 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 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. KSBJ 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.
4

Federal Communications Commission

DA 13-2252

11.

Reporting Noncompliance

. KSBJ shall report any noncompliance with the Licensing
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 KSBJ 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 KSBJ has taken or will take
to prevent the recurrence of any such noncompliance. All such reports of noncompliance shall be
submitted to the Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications
Commission, Room 3-C366, 445 12th Street, S.W. Washington, DC 20554, with a copy submitted
electronically to Linda Nagel at Linda.Nagel@fcc.gov and to Ricardo Durham at
Ricardo.Durham@fcc.gov.
12.

Compliance Reports

. KSBJ shall file Compliance Reports with the Commission ninety
(90) calendar days after the Effective Date, twelve (12) months after the Effective Date, twenty-four (24)
months after the Effective Date, and thirty-six months (36) after the Effective Date.
(a)
Each Compliance Report shall include a detailed description of KSBJ’s efforts
during the relevant period to comply with the terms and conditions of this
Consent Decree. In addition, each Compliance Report shall include a
certification by the Compliance Officer, as an agent of and on behalf of KSBJ,
stating that the Compliance Officer has personal knowledge that KSBJ (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 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 Rules 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 KSBJ, 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 KSBJ 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 KSBJ 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, Spectrum Enforcement
Division, Enforcement Bureau, Federal Communications Commission, 445 12th
Street, S.W., Room 3-C366, Washington, DC 20554, with a copy submitted
electronically to Linda Nagel at Linda.Nagel@fcc.gov and to Ricardo Durham at
Ricardo.Durham@fcc.gov.
13.

Termination Date

. Unless stated otherwise, the obligations set forth in paragraphs 9
through 12 of this Consent Decree shall expire thirty-six (36) months after the Effective Date.
14.

Voluntary Contribution

. KSBJ agrees that it will make a voluntary contribution to the
United States Treasury in the amount of sixteen thousand dollars ($16,000) within thirty (30) calendar
days after the Effective Date. KSBJ shall also send electronic notification of payment to Linda Nagel at
Linda.Nagel@fcc.gov, Ricardo Durham at Ricardo.Durham@fcc.gov, and Samantha Peoples at
Sam.Peoples@fcc.gov on the date said payment is made. The payment must be made by check or similar
5

Federal Communications Commission

DA 13-2252

instrument, wire transfer, or credit card, and must include the NAL/Account Number and FRN referenced
above. Regardless of the form of payment, a completed FCC Form 159 (Remittance Advice) must be
submitted.17 When completing the FCC Form 159, enter the Account Number in block number 23A (call
sign/other ID) and enter the letters “FORF” in block number 24A (payment type code). Below are
additional instructions that KSBJ should follow based on the form of payment it selects:

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.

Payment by wire transfer must be made to ABA Number 021030004, receiving bank
TREAS/NYC, and Account Number 27000001. To complete the wire transfer and ensure
appropriate crediting of the wired funds, a completed Form 159 must be faxed to U.S. Bank
at (314) 418-4232 on the same business day the wire transfer is initiated.

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

Waivers

. KSBJ 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. KSBJ
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 KSBJ nor the Commission shall contest the
validity of the Consent Decree or of the Adopting Order, and KSBJ shall waive any statutory right to a
trial de novo. KSBJ hereby agrees to waive any claims it may have under the Equal Access to Justice
Act18 relating to the matters address 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 KSBJ does not expressly
consent), that provision will be superseded by such Rule or Commission order.

17 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
18 Equal Access to Justice Act, Pub L. No. 96-481, 94 Stat. 2325 (1980) (codified at 5 U.S.C. § 504); see also
47 C.F.R. §§ 1.1501-1.1530.
6

Federal Communications Commission

DA 13-2252

18.

Successors and Assigns

. KSBJ 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. 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 Communications Laws.
20.

Modifications

. The Consent Decree cannot be modified without the advance written
consent of both Parties.
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
KSBJ represents and warrants that he is authorized by KSBJ to execute this Consent Decree and to bind
KSBJ 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.
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.
__________________________________
John D. Poutasse
Chief, Spectrum Enforcement Division
Enforcement Bureau
_____________________________
Date
__________________________________
Randy Schroeder
Chairman of the Board
KSBJ Educational Foundation, Inc.
_____________________________
Date
7

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