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Liberman to Pay $110,000 to Resolve Indecency Investigation

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Released: November 14, 2013

Federal Communications Commission

DA 13-2036

Before the

Federal Communications Commission

Washington, D.C. 20554

)
In the Matter of
)
)

LIBERMAN BROADCASTING, INC.

)
File No.: EB-11-IH-0395 et al.
)
NAL/Acct. No.: 201432080011

KRCA License LLC

)
FRN No.: 0010612695
)
Licensee of Stations KRCA(TV)
)
Facility ID No.: 22161
Riverside, California and
)
KPNZ(TV), Ogden, Utah
)
Facility ID No.: 77512
)
)

Liberman Television of Dallas License LLC

)
)
Licensee of Station KMPX(TV)
)
Facility ID No.: 73701
Decatur, Texas
)
)

KZJL License LLC

)
)
Licensee of Station KZJL(TV)
)
Facility ID No.: 69531
Houston, Texas
)

ORDER

Adopted: November 14, 2013

Released: November 14, 2013

By the Chief, Enforcement Bureau:
1.
In this Order, we adopt the attached Consent Decree entered into between the
Enforcement Bureau (Bureau) and Liberman Broadcasting, Inc., the ultimate parent company of, inter
alia, the licensees of the above-captioned stations (LBI). The Consent Decree terminates the Bureau’s
investigation of LBI for possible violations of Section 1464 of Title 18, United States Code, and Section
73.3999 of the Commission’s rules1 by its broadcast of potentially indecent, profane or obscene material
over its stations.
2.
The Bureau and LBI have negotiated the terms of the Consent Decree that resolves this
matter, including a detailed, three-year compliance plan requirement. 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 will be served by adopting the Consent Decree and terminating the
investigation.


1 18 U.S.C. § 1464; 47 C.F.R. § 73.3999.

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DA 13-2036

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 LBI 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,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 above-captioned investigation, as to LBI or its
stations,

IS TERMINATED

.
7.

IT IS FURTHER ORDERED

that any third-party complaints and allegations against
LBI and/or its stations related to the above-captioned investigation that are pending before the Bureau 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 U.S. Mail and Certified Mail, Return Receipt Requested, to Lenard D. Liberman,
President, Liberman Broadcasting, Inc., 1845 West Empire Avenue, Burbank, CA, 91504, and LBI’s
counsel, James R. Bayes, Esq., and Eve Klindera Reed, Esq., Wiley Rein LLP, 1776 K Street NW,
Washington, DC 20006.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau


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

Federal Communications Commission

DA 13-2036

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of

)
)

LIBERMAN BROADCASTING, INC.

)
File No.: EB-11-IH-0395 et al.
)
NAL/Acct. No.: 201432080011

KRCA License LLC

)
FRN No.: 0010612695
)
Licensee of Stations KRCA(TV)
)
Facility ID No.: 22161
Riverside, California and
)
KPNZ(TV), Ogden, Utah
)
Facility ID No.: 77512
)

Liberman Television of Dallas License LLC

)
)
Licensee of Station KMPX(TV)
)
Facility ID No.: 73701
Decatur, Texas
)
)

KZJL License LLC

)
)
Licensee of Station KZJL(TV)
)
Facility ID No.: 69531
Houston, Texas
)

CONSENT DECREE

1.
The Enforcement Bureau of the Federal Communications Commission and Liberman
Broadcasting, Inc., the ultimate parent company of the above-captioned licensees, by their authorized
representatives, enter into this Consent Decree for the purpose of terminating the Bureau’s investigation
into whether Liberman Broadcasting, Inc., violated Section 1464 of Title 18, United States Code,1 and
Section 73.3999 of the Commission’s rules,2 by broadcasting indecent, profane or obscene material over
the above-captioned stations.

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.


1 18 U.S.C. § 1464.
2 47 C.F.R. § 73.3999.

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DA 13-2036

(d) “Commission” and “FCC” mean the Federal Communications Commission and all of its
bureaus and offices.
(e) “Compliance Officer” means the individual designated in Paragraph 9 of this Consent
Decree as the person responsible for administration of the Compliance Plan.
(f) “Compliance Plan” means the compliance obligations, program, and procedures
described in this Consent Decree at Paragraph 10.
(g) “Complaints” means all third-party complaints3 received by, or in the possession of, the
Commission or Bureau, as of the Effective Date, alleging violations of the Indecency
Laws by Licensee.
(h) “Covered Employee” means all employees and agents of Licensee who perform, or
supervise, oversee, or manage the performance of, duties related to Licensee’s
programming, including but not limited to any employees with on-air duties or
programming responsibilities.
(i) “Effective Date” means the date on which the Bureau releases the Adopting Order.
(j) “Indecency Laws” means 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999.
(k) “Investigation” means the investigation commenced by the Bureau’s August 13, 2007
Letter of Inquiry,4 and the Bureau’s June 16, 2011 Letter of Inquiry5 relating to
Complaints alleging that Licensee violated the Indecency Laws in connection with its
operation of the stations on various dates from September 15, 2006, through the Effective
Date.
(l) “Jose Luis” means the hour-long, Spanish-language, Liberman-produced program
entitled “Jose Luis Sin Censura” (Jose Luis Uncensored).
(m) “Liberman” means Liberman Broadcasting, Inc., the ultimate parent company of, inter
alia, KRCA License LLC; KZJL License LLC; and Liberman Television of Dallas
License LLC, which hold the FCC broadcast licenses of the captioned stations.
(n) “Licensee” means Liberman Broadcasting, Inc., and all of its subsidiaries that hold
authorizations for radio and television broadcast stations.
(o) “Operating Procedures” means the standard, internal operating procedures and
compliance policies established by Licensee to implement the Compliance Plan.
(p) “Parties” means Licensee and the Bureau, and each of which is a “Party.”


3 See, e.g., Complaint filed by Alex Nogales, President and CEO, National Hispanic Media Coalition, and Jarrett
Tomas Barrios, Esq., President, Gay & Lesbian Alliance Against Defamation (Feb. 28, 2011) (on file in EB-11-IH-
0395).
4 Letter from Benigno E. Bartolome, Deputy Chief, Investigations and Hearings Division, FCC Enforcement
Bureau, to KRCA License Corporation (Aug. 13, 2007) (on file in EB-07-IH-0152).
5 Letter from Jeffrey J. Gee, Deputy Chief, Investigations and Hearings Division, FCC Enforcement Bureau, to
Liberman Broadcasting, Inc. (Jun. 16, 2011) (on file in EB-11-IH-0395).
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(q) “Rules” means the Commission’s regulations found in Title 47 of the Code of Federal
Regulations.

II.

BACKGROUND

3.
Pursuant to Title 18 of the United States Code, Section 1464, the utterance of “any
obscene, indecent or profane language by means of radio communication” is prohibited.6 In addition,
Section 73.3999 of the Rules provides that radio and television stations shall not broadcast obscene
material at any time7 and, consistent with a subsequent statute and court case, shall not broadcast indecent
material between 6:00 a.m. and 10:00 p.m.8
4.
The Commission received Complaints alleging that Liberman stations broadcast material
that violates the Indecency Laws. A number of Complaints specifically cite material broadcast during
certain episodes of the now-discontinued Spanish-language program Jose Luis, which aired between 6
a.m. and 10 p.m. In response, the Bureau issued Letters of Inquiry to Licensee, directing it to submit
video or audio recordings of the complained-of broadcasts and to submit sworn, written responses to
questions relating to possible violations of the Indecency Laws.9 Liberman responded on September 19,
2007,10 and September 14, 2011.11 With certain exceptions, Liberman admits that it broadcast the
material at issue12 and included video recordings of that programming with its Responses. Liberman has
consistently maintained that the broadcasts did not violate the Indecency Laws.13 The Bureau disagrees.
Liberman also points out that, as of August 8, 2012, it ceased airing Jose Luis, and explains that it has
otherwise revised its programming line-up and no longer produces a program similar to Jose Luis.14

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 18 U.S.C. § 1464.
7 47 C.F.R. § 73.3999.
8 See Public Telecommunications Act of 1992, Pub. L. No. 102-356, 106 Stat. 949 (1992) (setting the safe harbor of
10:00 p.m. to 6:00 a.m. for the broadcast of indecent material); Action for Children’s Television v. FCC, 58 F.3d
654, 656 (D.C. Cir. 1995) (en banc) (affirming restrictions prohibiting the broadcast of indecent material between
the hours of 6:00 a.m. and 10:00 p.m.) (“ACT III”), cert. denied, 516 U.S. 1072 (1996).
9 See supra notes 4, 5.
10 Letter from Jose Liberman, President, KRCA License Corp., to Marlene H. Dortch, FCC Secretary (Sep. 19,
2007) (on file in EB-07-IH-0152).
11 Letter from Lenard Liberman, President, Liberman Broadcasting, Inc., to Marlene H. Dortch, FCC Secretary (Sep.
14, 2011) (on file in EB-11-IH-0395) (2011 Response), as supplemented by Letter from Liberman’s counsel, James
R. Bayes, Esq., and Eve K. Reed, Esq., Wiley Rein LLP, to Marlene H. Dortch, FCC Secretary (Aug. 2, 2012) (on
file in EB-11-IH-0395) (August 2012 Supplement); Letter from James R. Bayes, Esq., and Eve K. Reed, Esq., Wiley
Rein LLP, to Marlene H. Dortch, FCC Secretary (Sep. 6, 2012) (on file in EB-11-IH-0395) (September 2012
Supplement); and Letter from James R. Bayes, Esq., and Eve K. Reed, Esq., Wiley Rein LLP, to Marlene H. Dortch,
FCC Secretary (Feb. 27, 2013) (on file in EB-11-IH-0395) (collectively, Responses).
12 Liberman denies having aired certain material alleged in certain Complaints. See, e.g., 2011 Response at 16.
13 See, e.g., 2011 Response at 5-15, August 2012 Supplement; September 2012 Supplement.
14 See September 2012 Supplement.
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6.

Jurisdiction

. Licensee 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 Bureau. Any violation of
the Adopting Order or of the terms of this Consent Decree shall constitute a separate violation of a Bureau
order, entitling the Bureau 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 and dismiss the Complaints. In consideration for the termination of the
Investigation, Licensee agrees to the terms, conditions, and procedures contained herein. The Bureau
further agrees that, in the absence of material new evidence unrelated to programming that has already
been reviewed, 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 or in response to any petition
to deny or other third-party objection, any new proceeding, formal or informal, or take any action against
Licensee concerning the matters that were the subject of or related to the Investigation. The Bureau also
agrees that it will not, in the absence of material new evidence, use the facts developed in the
Investigation through the Effective Date, or the existence of this Consent Decree, to institute, on its own
motion or in response to any petition to deny or other third-party objection any proceeding, formal or
informal, or take any action against Licensee with respect to Licensee’s basic qualifications, including its
character qualifications, to be a Commission licensee.
9.

Compliance Officer

. Within thirty (30) calendar days after the Effective Date, Licensee
shall designate a corporate manager with the requisite corporate and organizational authority to serve as
its Compliance Officer, who shall be responsible for developing, implementing, and administering a
company-wide Compliance Plan and ensuring that Licensee complies with the terms and conditions of the
Compliance Plan and this Consent Decree. In addition to possessing general knowledge of the Act and
the Rules necessary to discharge his/her duties under this Consent Decree, the Compliance Officer shall
have specific knowledge of the Indecency Laws before assuming his/her duties.
10.

Compliance Plan

. For purposes of settling the matters set forth herein, Licensee agrees
to create and implement within sixty (60) calendar days of the Effective Date a company-wide
Compliance Plan designed to prevent the broadcast of material in violation of the Indecency Laws, to the
extent possible based on written Commission decisions regarding the Indecency Laws that are legally in
effect (i.e., not stayed, modified, or overturned by a reviewing court of competent jurisdiction at the time
of the broadcast), and to ensure compliance with the Act, the Rules, the Commission’s orders, and the
terms and conditions of this Consent Decree. The Compliance Plan shall include, at a minimum, the
following components:
a.

Operating Procedures

. Within sixty (60) calendar days after the Effective Date,
Licensee shall establish Operating Procedures that all Covered Employees must follow to
help ensure Licensee’s compliance with the Indecency Laws. Licensee’s Operating
Procedures shall include internal procedures and policies specifically designed to ensure
that the Compliance Officer, or a management-level employee of Licensee directly
supervised by the Compliance Officer, conducts a pre-broadcast review of any content
that such employee reasonably believes, based on written Commission decisions that are
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Federal Communications Commission

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legally in effect at the time of the broadcast, raises a substantial question under the
Indecency Laws, including script review of programs produced by Licensee. Licensee
also shall develop a Compliance Checklist that describes the steps that a Covered
Employee must follow pursuant to the Operating Procedures to help ensure Licensee’s
compliance with the Indecency Laws.
b.

Compliance Manual

. Within sixty (60) calendar days of the Effective Date, Licensee
shall prepare a compliance manual regarding the Indecency Laws and shall distribute the
manual to all Covered Employees. The Compliance Manual shall explain the Indecency
Laws, based on written Commission decisions regarding the Indecency Laws that are
legally in effect, that Covered Employees shall follow to help ensure Licensee’s
compliance with these laws. Licensee shall periodically review and revise the
Compliance Manual as necessary to reflect material changes. Licensee shall distribute
any revisions to the Compliance Manual promptly to all Covered Employees.
c.

Training

. Within ninety (90) calendar days of the Effective Date, Licensee shall train
any Covered Employee on what constitutes program content that complies with the
Indecency Laws based on written Commission decisions regarding the Indecency Laws
that are legally in effect. Licensee also shall train any new Covered Employee, within
thirty (30) days of that employee’s becoming a Covered Employee, on what constitutes
content that complies with the Indecency Laws based on written Commission decisions
regarding the Indecency Laws that are legally in effect. In addition, Licensee’s Covered
Employees shall receive refresher training, on an annual basis, regarding existing
guidelines and, where applicable, pertinent changes to the Indecency Laws based on
written Commission decisions regarding the Indecency Laws that are legally in effect.
As part of such training, Covered Employees shall be advised of Licensee’s obligation to
report any noncompliance with the Indecency Laws, based on written Commission
decisions regarding the Indecency Laws that are legally in effect at the time of a
broadcast, under the terms this Consent Decree and shall be instructed on how to disclose
noncompliance to the Compliance Officer.
d.

Reporting Noncompliance

. Licensee shall report any noncompliance with the
Indecency Laws based on written Commission decisions regarding the Indecency Laws
that are legally in effect 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
Licensee has taken or will take to remedy such noncompliance; (iii) the schedule on
which such remedial actions will be taken; and (iv) the steps that Licensee has taken or
will take to prevent the recurrence of any such noncompliance. All reports of
noncompliance shall be submitted to 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 Dana E. Leavitt at
Dana.Leavitt@fcc.gov.
11.

Compliance Reports

. Licensee shall file Compliance Reports (“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. Each Compliance Report shall include a compliance certificate from the Compliance Officer, as an
agent of Licensee, stating that the Compliance Officer has personal knowledge that Licensee: (i) has
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established operating procedures intended to ensure compliance with the terms and conditions of this
Consent Decree and the Indecency Laws based on written Commission decisions regarding the Indecency
Laws that are legally in effect, together with an accompanying statement explaining the basis for the
Compliance Officer’s certification; (ii) has been utilizing those procedures since the previous Compliance
Report was submitted; and (iii) is not aware of any instances of non-compliance with this Consent Decree
and the Indecency Laws based on written Commission decisions regarding the Indecency Laws that are
legally in effect. The certification must comply with Section 1.16 of the Rules15 and be subscribed to as
true under penalty of perjury in substantially the form set forth therein. If the Compliance Officer cannot
provide the requisite certification, the Compliance Officer, as an agent of and on behalf of Licensee, shall
provide the Commission with a detailed explanation of: (i) any instances of non-compliance with this
Consent Decree and the Indecency Laws based on written Commission decisions regarding the Indecency
Laws that are legally in effect; and (ii) the steps that Licensee has taken or will take to remedy each
instance of non-compliance and ensure future compliance, and the schedule on which proposed remedial
actions will be taken. 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 Jeffrey J. Gee at
Jeffrey.Gee@fcc.gov, Kenneth M. Scheibel, Jr. at Kenneth.Scheibel@fcc.gov, and to Dana E. Leavitt at
Dana.Leavitt@fcc.gov.
12.

Termination Date

. Unless stated otherwise, the requirements set forth in paragraphs 9
through 11 of this Consent Decree shall expire thirty-six (36) months after the Effective Date.
13.

Indecency Complaints; Subsequent Investigations

. Subject to Paragraph 8, nothing in
this Consent Decree shall prevent the Commission or its delegated authority from adjudicating complaints
filed pursuant to the Indecency Laws against Licensee or its affiliates that are filed after the Effective
Date and relate to programming that has not already been reviewed, or for alleged violations of other
provisions of the Act or the Commission’s rules or for any other type of alleged misconduct, regardless of
when such alleged 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 Licensee with the Act or the Rules.
14.

Voluntary Contribution

. Licensee agrees that it shall make a voluntary contribution to
the United States Treasury in the aggregate amount of One Hundred Ten Thousand Dollars ($110,000) in
eight (8) quarterly installments (“Installment Payments”), each in the amount of Thirteen Thousand Seven
Hundred Fifty Dollars ($13,750), with the first to be due thirty (30) days following the Effective Date and
the remaining seven (7) to be due on the first day of each third successive month. Licensee acknowledges
and agrees that upon execution of this Consent Decree, the Voluntary Contribution and each Installment
Payment shall become a “Claim” or “Debt” as defined in 31 U.S.C. § 3701(b)(1).16 Upon an Event of
Default by Nonpayment (as described below in paragraph 15), all procedures for collection as permitted
by law may, at the Commission’s discretion, be initiated. In addition, Licensee agrees that it will make
the first and all subsequent Installment Payments in United States Dollars without further demand or
notice by the dates specified above. Licensee also shall send electronic notification of payment to Jeffrey
J. Gee at Jeffrey.Gee@fcc.gov, Kenneth M. Scheibel, Jr. at Kenneth.Scheibel@fcc.gov, and to Dana E.
Leavitt at Dana.Leavitt@fcc.gov on the date each such payment is made. Each 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


15 See 47 C.F.R. § 1.16.
16 Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996).
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Advice) must be submitted.17 When completing the FCC Form 159, Licensee shall 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 based on the form of payment selected:
·
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 the 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 the 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 assistance is needed, Licensee shall contact the Financial
Operations Group Help Desk by phone, 1-877-480-3201, or by e-mail,
ARINQUIRIES@fcc.gov, for answers to questions regarding payment.
15.

Event of Default by Nonpayment

. Licensee agrees that an Event of Default by
Nonpayment shall occur upon the failure by Licensee to pay the full amount of any Installment Payment
on or before the due date specified in this Consent Decree.
16.

Interest, Charges for Collection, and Acceleration of Maturity Date

. Upon an Event
of Default by Nonpayment under this Consent Decree, automatically and without further notice, the then
entire unpaid amount of the Voluntary Contribution shall accrue interest, computed using the rate of the
U.S. Prime Rate in effect on the date of the Event of Default plus 4.75%, from the date of the Event of
Default until payment in full. Upon an Event of Default, the then unpaid amount of the Voluntary
Contribution, together with interest, as aforesaid, any penalties permitted and/or required by the law,
including but not limited to 31 U.S.C. § 3717 and administrative charge(s), plus the costs of collection,
litigation, and attorneys’ fees, is accelerated and shall become immediately due and payable, without
notice, presentment, demand, protest, or notice of protest of any kind, all of which are waived by
Licensee.
17.

Waivers

. Licensee 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. Licensee 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 Licensee nor the Commission shall
contest the validity of the Consent Decree or the Adopting Order, and Licensee shall waive any statutory
right to a trial de novo. Licensee hereby agrees to waive any claims it may otherwise have under the


17 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
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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.
18.

Severability

. The Parties agree that if any of the provisions of the Adopting Order or the
Consent Decree shall be invalid or unenforceable, such invalidity or unenforceability shall not invalidate
or render unenforceable the entire Adopting Order or Consent Decree, but rather the entire Adopting
Order or Consent Decree shall be construed as if not containing the particular invalid or unenforceable
provision or provisions, and the rights and obligations of the Parties shall be construed and enforced
accordingly. 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.
19.

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 Licensee does not expressly
consent) that provision will be superseded by such Commission rule or order.
20.

Successors and Assigns.

Licensee agrees that the provisions of this Consent Decree
shall be binding on its successors, assigns, and transferees.
21.

Admission

. Notwithstanding any of Licensee’s prior submissions in this proceeding,
Licensee 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 herein, that its actions with respect to
the broadcast of certain portions of certain episodes of Jose Luis, as referenced in Paragraph 4 of this
Consent Decree, inadvertently violated the Commission’s interpretation of its indecency regulations and
requirements in force at the time of such actions, assuming construction of those regulations and
requirements as Licensee has been informed they are construed by the FCC as of the date hereof.
22.

Final Settlement

. The Parties agree and acknowledge that this Consent Decree shall
constitute a final settlement between the Parties with respect to the Investigation.
23.

Modifications

. This Consent Decree cannot be modified without the advance written
consent of both Parties.
24.

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.
25.

Authorized Representative

. Each Party represents and warrants to the other that it has
full power and authority to enter into this Consent Decree. The individual signing this Consent Decree on
behalf of Licensee represents and warrants that he is authorized by Licensee to execute this Consent
Decree and to bind Licensee 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.
8

Federal Communications Commission

DA 13-2036

26.

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
________________________________
Lenard Liberman
President and Chief Executive Officer
Liberman Broadcasting, Inc.
________________________________
Date
9

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