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MMK License LLC Agrees to Settle EAS Investigation

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Released: November 5, 2013

Federal Communications Commission

DA 13-2124

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

MMK LICENSE LLC

)
File No.: EB-13-IH-0059
)
Acct. No.: 201432080010
Licensee of Station WNKY(DT),
)
FRN: 0008572927
Bowling Green, Kentucky
)
Facility ID No.: 61217
)

ORDER

Adopted: November 5, 2013

Released: November 5, 2013
By the Acting Chief, Enforcement Bureau:
1.
In this Order, we adopt the attached Consent Decree entered into between the
Enforcement Bureau (Bureau) and MMK License LLC (Licensee). The Consent Decree resolves and
terminates the Bureau’s investigation into the Licensee’s possible violations of Section 325(a) of the
Communications Act of 1934, as amended,1 and Section 11.45 of the Commission’s rules (Rules),2 in
connection with the broadcast on Station WNKY(DT), Bowling Green, Kentucky (Station) of a
commercial that contained a simulated Emergency Alert System (EAS) Attention Signal, absent an actual
emergency or authorized EAS test.
2.
The Bureau and the Licensee 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 would be served by adopting the Consent Decree and terminating the
investigation.
4.
In the absence of material new evidence relating to this matter, we conclude that our
investigation raises no substantial or material questions of fact as to whether the Licensee possesses the
basic qualifications, including those related to character, to hold or obtain any Commission license or
authorization.
5.
Accordingly,

IT IS ORDERED

that, pursuant to Sections 4(i), 4(j), and 503(b) of the
Communications Act of 1934, as amended, 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 the Station
and/or the Licensee,

IS TERMINATED

.

1 See 47 U.S.C. § 325(a).
2 See 47 C.F.R. § 11.45 (titled “False or Deceptive EAS Transmissions”).
3 See 47 U.S.C. §§ 154(i), 154(j), 503(b); C.F.R. §§ 0.111, 0.311.

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DA 13-2124

7.

IT IS FURTHER ORDERED

that any third-party complaints related to the above-
captioned investigation and that are currently pending before the Enforcement Bureau

ARE DISMISSED

as of the date of this Consent Decree.
8.

IT IS FURTHER ORDERED

that a copy of this Order and Consent Decree shall be
sent by both First Class Mail and Certified Mail, Return Receipt Requested, to Licensee’s counsel, Erwin
G. Krasnow, Esq., Garvey Schubert Barer, 1000 Potomac Street, N.W., Washington, D.C. 20007.
FEDERAL COMMUNICATIONS COMMISSION
Robert H. Ratcliffe
Acting Chief, Enforcement Bureau
2

Federal Communications Commission

DA 13-2124

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

MMK LICENSE LLC

)
File No.: EB-13-IH-0059
)
Acct. No.: 201432080010
Licensee of Station WNKY(DT),
)
FRN: 0008572927
Bowling Green, Kentucky
)
Facility ID No.: 61217
)

CONSENT DECREE

1.
The Enforcement Bureau (Bureau) of the Federal Communications Commission
(Commission or FCC) and MMK License LLC (MMK), by their authorized representatives, hereby enter
into this Consent Decree for the purpose of terminating the Bureau’s investigation of MMK’s compliance
with Section 325(a) of the Communications Act of 1934, as amended,1 and Section 11.45 of the
Commission’s rules2 pertaining to a complaint alleging that MMK transmitted a commercial that
contained a simulation of the EAS Attention Signal.

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)
“Any” shall be construed to include the word “all,” and the word “all” shall be
construed to include the word “any.” Additionally, the word “or” shall be
construed to include the word “and,” and the word “and” shall be construed to
include the word “or.” The word “each” shall be construed to include the word
“every,” and the word “every” shall be construed to include the word “each.”
(d)
“Bureau” means the Enforcement Bureau of the Federal Communications
Commission.
(e)
“Commission” and “FCC” mean the Federal Communications Commission and
all of its bureaus and offices.
(f)
“Communications Laws” means, collectively, the Act, the Rules, and the
published and promulgated orders and decisions of the Commission to which
MMK is subject by virtue of it being a Commission licensee, including but not
limited to Section 325(a) of the Act and Section 11.45 of the Commission’s rules.

1 See 47 U.S.C. § 325(a).
2 See 47 C.F.R. § 11.45.
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DA 13-2124

(g)
“Complainant” means the individual transmitting and filing the third-party
complaint alleging violation of Section 325(a) of the Act and Section 11.45 of the
Commission’s rules, received by, or in the possession of, the Bureau.
(h)
“Complaint” means the third-party complaint alleging violation of Section 325(a)
of the Act and Section 11.45 of the Rules, received by, or in the possession of,
the Bureau.
(i)
“Compliance Plan” means the compliance obligations, program, and procedures
described in this Consent Decree at paragraph 11.
(j)
“Compliance Officer” means the individual designated in paragraph 10 of this
Consent Decree as the person responsible for administration of the Compliance
Plan.
(k)
“Covered Employees” means all employees and agents of MMK who perform, or
supervise, oversee, or manage the performance of, duties that relate to MMK’s
responsibilities under the Act and Commission’s rules.
(l)
“Effective Date” means the date on which the Bureau releases the Adopting
Order.
(m)
“Investigation” means the Bureau’s investigation of MMK’s compliance with
Section 325(a) of the Act and Section 11.45 of the Commission’s rules, relating
to a complaint alleging the broadcast of a commercial that contained a simulation
of the EAS Attention Signal.
(n)
“LOI” refers to the June 25, 2012, Letter of Inquiry sent by the Bureau to MMK
regarding File No. EB-13-IH-0059.
(o)
“MMK” means MMK License LLC and its predecessors-in-interest and
successors-in-interest.
(p)
“Operating Procedures” means the standard, internal operating procedures and
compliance policies established by MMK to implement the Compliance Plan.
(q)
“Parties” means MMK and the Bureau, each of which is a “Party.”
(r)
“Rules” means the Commission’s regulations found in Title 47 of the Code of
Federal Regulations.
(s)
“Station” means commercial television Station WNKY(DT), Bowling Green,
Kentucky (Facility ID No. 61217).
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DA 13-2124

II.

BACKGROUND

3.
Pursuant to Section 325(a) of the Act, no person within the jurisdiction of the United States
shall knowingly utter or transmit any false signals of distress.3 Additionally, Section 11.45 of the Rules
prohibits the transmission of false or deceptive “EAS codes or Attention Signal[s], or a recording or
simulation thereof, in any circumstance other than in an actual National, State, or Local Area emergency
or authorized test of the EAS.”4
4.
The Commission received a Complaint alleging that, on June 15, 2012, the Station
broadcast a commercial containing an auditory signal that resembles the Emergency Alert System (EAS)
Attention Signal, absent an emergency or authorized EAS test.5 The Complainant specifically alleges that
“The Fan Wear & More Store is running an advertisement that stops in the middle of the commercial and
sounds the exact tone used for the Emergency Alert warnings.”6 In response to the Complaint, the
Bureau’s Investigations and Hearings Division sent a Letter of Inquiry to MMK directing the Licensee to
submit, among other things, sworn written statements describing its compliance with Section 325(a) of
the Act and Section 11.45 of the Rules.7 In its LOI Response, MMK does not dispute that it broadcast a
simulation of an EAS tone, as described in the Complaint.8
5.
MMK subsequently met with the Bureau for purposes of reaching an agreement to
resolve outstanding issues related to its compliance with the Act and the Rules, and terminate the
Bureau’s investigations.

III.

TERMS OF AGREEMENT

6.

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.
7.

Jurisdiction

. MMK 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.
8.

Effective Date; Violations

. The Parties agree that this Consent Decree shall become
effective on the date on which the Bureau releases the Adopting Order. Upon release, 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 Bureau to exercise any rights and remedies attendant to the
enforcement of a Commission order.
9.

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

3 47 U.S.C. § 325(a).
4 47 C.F.R. § 11.45.
5 See Complaint, Form 2000A, Key No. 12-C004034150-1 (submitted on June 15, 2012) (on file in EB-13-IH-
0059).
6 Id.
7 See Letter from Jeffrey J. Gee, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, to MMK
License LLC, dated February 4, 2013 (LOI) (on file in EB-13-IH-0059).
8 See Letter from Erwin G. Krasnow, Counsel to MMK License LLC, to Marlene H. Dortch, Secretary, Federal
Communications Commission, dated February 27, 2013 (LOI Response) (on file in EB-13-IH-0059).
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DA 13-2124

terminate the Investigation. In consideration for the termination of the Investigation, MMK 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 use 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 MMK 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 use 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 MMK with respect to MMK’s basic qualifications, including its character
qualifications, to be a Commission licensee or to hold Commission licenses or authorizations.
10.

Compliance Officer

. Within thirty (30) calendar days after the Effective Date, MMK
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 MMK complies with the terms and conditions of the Compliance Plan and this
Consent Decree. In addition to possessing the general knowledge of the Communications Laws necessary
to discharge his/her duties under this Consent Decree, the Compliance Officer shall have specific
knowledge of Section 11.45 of the Commission’s rules and Section 325(a) of the Act.
11.

Compliance Plan

. For purposes of settling the matters set forth herein, MMK agrees
that it shall, within sixty (60) calendar days of the Effective Date, develop and implement a Compliance
Plan designed to ensure future compliance with the Communications Laws and with the terms and
conditions of this Consent Decree. With respect to Section 325(a) of the Act and Section 11.45 of the
Commission’s rules, MMK shall implement the following procedures:
(a)

Operating Procedures for Compliance with Section 325(a) of the Act and
Section 11.45 of the Commission’s rules

. Within sixty (60) calendar days after
the Effective Date, MMK shall establish Operating Procedures that all Covered
Employees must follow to help ensure MMK’s compliance with Section 325(a)
of the Act and Section 11.45 of the Commission’s rules. MMK’s Operating
Procedures shall include internal procedures and policies specifically designed to
ensure that MMK does not broadcast the EAS Attention Signal or EAS tones, or
a simulation thereof, absent an emergency or authorized EAS test. MMK also
shall develop a Compliance Checklist that describes the steps that a Covered
Employee must follow to ensure that the Station will not be in violation of the
Communications Laws regarding broadcast of the EAS Attention Signal or EAS
tones or simulations thereof. At a minimum, the Compliance Checklist shall
require at all times that at least two station employees, one of whom shall be a
management-level employee, be involved in all aspects of all programming and
commercials that might contain the broadcast of the EAS Attention Signal or
EAS tones or simulations thereof.
(b)

Compliance Manual

. Within sixty (60) calendar days after the Effective Date,
the Compliance Officer shall develop and distribute a Compliance Manual to all
Covered Employees. The Compliance Manual shall explain Section 325(a) of
the Act and Section 11.45 of the Commission’s rules, and set forth the Operating
Procedures that Covered Employees shall follow to help ensure MMK’s
compliance with the Communications Laws. MMK shall periodically review and
revise the Compliance Manual as necessary to ensure that the information set
forth therein remains current and complete. MMK shall distribute any revisions
to the Compliance Manual promptly to all Covered Employees.
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DA 13-2124

(c)

Compliance Training Program

. MMK shall establish and implement a
Compliance Training Program on compliance with Section 325(a) of the Act and
Section 11.45 of the Commission’s rules, and the Operating Procedures. As part
of the Compliance Training Program, Covered Employees shall be advised of
MMK’s obligation to report any noncompliance with Section 325(a) of the Act
and Section 11.45 of the Commission’s rules under paragraph 12 of this Consent
Decree and shall be instructed on how to disclose noncompliance to the
Compliance Officer. All Covered Employees shall be trained pursuant to the
Compliance Training Program within ninety (90) calendar days after the
Effective Date, except that any person who becomes a Covered Employee at any
time after the Effective Date shall be trained within thirty (30) calendar days after
the date such person becomes a Covered Employee. MMK 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.
(d)

EAS Public Education Program

. Within sixty (60) calendar days, MMK shall
develop and put into effect a program to educate members of the public about the
EAS alerts, the limits of public warning capabilities, and appropriate responses to
emergency warning messages. Such public education program shall include the
elements described in Attachment A hereto.
12.

Reporting Noncompliance

. MMK shall report any instance of noncompliance with
Section 325(a) of the Act and Section 11.45 of the Commission’s rules, 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 MMK
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 MMK 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 Jennifer A. Lewis at Jennifer.Lewis@fcc.gov. The reporting
obligations set forth in this paragraph 12 shall expire thirty-six (36) months after the Effective Date.
13.

Compliance Reports

. MMK shall file Compliance Reports with the Commission ninety
(90) days after the Effective Date, twelve (12) months after the Effective Date, twenty-four (24) months
after the Effective Date, and thirty-six (36) months after the Effective Date.
(a)
Each Compliance Report shall include a detailed description of MMK’s efforts
during the relevant period to comply with the terms and conditions of this
Consent Decree and Section 325(a) of the Act and Section 11.45 of the
Commission’s rules. In addition, each Compliance Report shall include a
certification by the Compliance Officer, as an agent of and on behalf of MMK,
stating that the Compliance Officer has personal knowledge that: (i) MMK has
established and implemented Operating Procedures intended to ensure
compliance with the terms and conditions of this Consent Decree and with
Section 325(a) of the Act and Section 11.45 of the Commission’s rules, together
with an accompanying statement explaining the basis for the certification; (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 12 hereof.
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DA 13-2124

(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 Commission’s rules9 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 MMK, shall provide the
Commission with a detailed explanation of the reason(s) why and describe fully:
(i) any instances of noncompliance with this Consent Decree and the Rules, and
(ii) the steps that MMK has taken or will take to remedy each instance of
noncompliance and ensure future compliance, and the schedule on which
proposed remedial action will be taken; and (iii) the steps that MMK has taken or
will take to prevent the recurrence of any such noncompliance, including the
schedule on which such preventive action will be taken.
(d)
All Compliance Reports shall be submitted to the Chief, Investigations and
Hearings Division, Enforcement Bureau, Federal Communications Commission,
Room 4-C330, 445 12th Street, S.W., Washington, D.C. 20554, with a copy
submitted electronically to Theresa Z. Cavanaugh at Terry.Cavanaugh@fcc.gov,
Jeffrey J. Gee at Jeffrey.Gee@fcc.gov, Kenneth M. Scheibel, Jr. at
Kenneth.Scheibel@fcc.gov, and Jennifer A. Lewis at Jennifer.Lewis@fcc.gov.
14.

Termination Date

. Unless stated otherwise, the requirements set forth in paragraphs 9
through 13 of this Consent Decree shall expire thirty-six (36) months after the Effective Date.
15.

Subsequent Investigations

. Nothing in this Consent Decree shall prevent the
Commission or its delegated authority from adjudicating complaints filed pursuant to Section 325(a) of
the Act or Section 11.45 of the Commission’s rules against MMK 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 MMK’s
noncompliance with the Communications Laws.
16.

Voluntary Contribution

. MMK agrees that it will make a voluntary contribution to the
United States Treasury in the amount of thirty-nine thousand dollars ($39,000) within thirty (30) calendar
days after the Effective Date. MMK shall also send electronic notification of payment 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 Jennifer A. Lewis at Jennifer.Lewis@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.10 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:11

9 47 C.F.R. § 1.16.
10 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
11 Should MMK 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.
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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.
17.

Waivers

. MMK 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 without
change, addition, modification, or deletion. MMK 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
MMK nor the Commission shall contest the validity of the Consent Decree or the Adopting Order, and
MMK shall waive any statutory right to a trial de novo. MMK 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.
18.

Invalidity

. The Parties agree that if a court of competent jurisdiction renders any of the
provisions of the Adopting Order or the Consent Decree 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 MMK does not expressly
consent), that provision will be superseded by such Commission Rule or Order.
20.

Successors and Assigns

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

Admission of Liability

. MMK admits, solely for the purpose of this Consent Decree and
for Commission civil enforcement purposes, and in express reliance on the provisions of paragraph 9
hereof, that the broadcast material at issue in this Consent Decree is in violation of 47 C.F.R. § 11.45,
assuming construction of these terms as they are construed by the Bureau as of the date hereof.
Notwithstanding any other provision of this Consent Decree, it is expressly agreed and understood that if
this Consent Decree, specifically including paragraph 9 hereof, is breached by the Bureau, or is
invalidated or modified to MMK’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
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MMK 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. § 11.45.
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

. The individual signing this Consent Decree on behalf of
MMK represents and warrants that he is authorized by MMK to execute this Consent Decree and to bind
MMK 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.
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.
________________________________
Robert H. Ratcliffe
Acting Chief
Enforcement Bureau
________________________________
Date
MMK LICENSE LLC
By: _____________________________
David J. Wilhelm
Vice President/Assistant Secretary
________________________________
Date
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ATTACHMENT A

EAS PUBLIC EDUCATION PROGRAM

MMK License LLC (MMK) shall initiate a concerted campaign to educate members of the public on the
“what, where, when, who, why and how” of EAS alerts, the limits of public warning capabilities, and
appropriate responses to emergency warning messages. The public education campaign will be integrated
and coordinated with the disaster and emergency response agencies of Bowling Green, Warren County,
the State of Kentucky, and federal agencies.
The campaign will include the following:
• Public service announcements (PSAs) to be aired on WNKY-DT and WNKY-DT2 immediately
prior to or following the Weekly and Monthly EAS Tests to advise members of the viewing
audience of the purpose and the length of the test and recommend that they should establish an
emergency preparedness kit and emergency plan for themselves, their families, communities, and
businesses.
• A minimum of 160 PSAs to be aired on WNKY-DT and WNKY-DT2 (80 PSAs per station) that
will focus on emergency and disaster preparedness issues and will be aired throughout the
broadcast day on both stations.
• Interviews with local emergency preparedness officials and vignette programs on emergency
awareness topics to be aired at least twice a month on “Bowling Green Today”, a weekday
morning program broadcast from 6:30-7:00 a.m. on WNKY-DT and from 9:00-9:30 a.m. on
WNKY-DT2.
• Expansion of WNKY’s website (www.wnky.net) to include: (1) links to local emergency
agencies and departments; (2) emergency-related information in the form of PSA-type banner
messages; and (3) video preroll messages prepared in-house and from Federal Emergency
Management Agency (FEMA) and local emergency preparedness agencies.
• Use of special radio equipment to be provided by Warren County Emergency Management
(WCEM) to communicate directly with WCEM officials, including a Community Activated
Lifesaving Voice Emergency System (CALVES) system that will relay alerts to the station’s
master control personnel and an additional SkyCam at the station’s main transmitter tower. The
CALVES unit is part of the Community Outdoor Warning System (COWS) in Bowling Green /
Warren County. CALVES is an indoor system and provides schools, factories, large businesses,
public libraries, etc., with lifesaving information. In addition to providing an alert tone, CALVES
is tapped into NOAA weather radio alerts and WCEM can activate the CALVES units for area
emergencies, and speak into the CALVES system. The COWS system cannot provide this
timely and detailed info, thus the importance of CALVES.
• MMK will lease space to WCEM on WNKY’s tower for a new modernized communications
system that has the capability of linking multiple Bowling Green and Warren County agencies
and organizations. Such a communications system will enable WNKY and WCEM to share
storm damage reports as well as information concerning natural disasters and other emergencies
impacting residents of the station’s core viewing areas in Warren and Barren Counties.
• Use of social media and digital technologies to provide prompt dissemination of emergency
alerts, including (1) post each week on WNKY’s Facebook page (radarweatherdog) featuring
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Federal Communications Commission

DA 13-2124

information culled from PSAs, vignettes that were broadcast on “Bowling Green Today,” and
material supplied by WCEM; and (2) timely messages on the station’s “app” (nbc40/cbs40) that
will include late-breaking new coverage of severe weather conditions, SKYWatch bulletins, and
weather-related forecasts by WNKY’s two meteorologists.
• Use of broadcast meteorology computer solutions from Weather Services International (WSI),
namely, the TruVu Alert crawl computer, the Producer computer for preparing weather
data/rendering maps for on-air, website and mobile applications, the ShowFX computer for map
creation, and the TruVu Interactive computer (TVI) to display and show weather conditions,
including a network of live streaming radars utilized from the National Weather Service (NWS).
These systems allow WNKY’s meteorologists to track potential thunderstorms, tornadoes,
flooding, winter storms, etc. The station will continue to use exclusive weather forecasting
models, such as WSI's RPM. Non-WSI tools to be used will include NWS Chat, a program
which gives WNKY’s weather staff the ability to communicate and share information directly
with local NWS offices in Louisville, Paducah, and Nashville. Data from the Kentucky Mesonet
will also continue to be utilized to report severe weather conditions. Additional items which will
be used in WNKY’s SkyWatch40 Weather Center will include other radar display/storm tracking
programs, traffic and area webcams, and the station’s own camera, SkyCam40, mounted on the
studio tower to show incoming weather. All of the aforementioned tracking tools and state-of-
the-art technology will enable WNKY to provide viewers with potentially life-saving information
during times of severe weather storms, natural disasters, and other emergencies.
MMK shall periodically review and revise the EAS Public Education Program to ensure that it remains
current and complete and to enhance its effectiveness. As part of its review of the Program, MMK will
confer further with the NWS, and state, county, and federal emergency preparedness managers and public
safety officials.
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