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Regent Broadcasting of El Paso and Townsquare Media of El Paso

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Released: July 29, 2013

Federal Communications Commission

DA 13-1651

Before the

Federal Communications Commission

Washington, D.C. 20554

)
In the Matter of
)
File Number: EB-10-IH-2145
)
NAL/Acct. No.: 201332080026

Regent Broadcasting of El Paso, Inc. Debtor-in-

)
FRN: 0010632628

Possession

)
Facility ID Nos.: 48670 and 14908
)
Former Licensee of Stations KLAQ(FM) and
)
KROD(AM), El Paso, Texas
)
)
and
)
)

Townsquare Media of El Paso, Inc.

)
)
Successor-in-Interest and Licensee of Stations
)
KLAQ(FM) and KROD(AM), El Paso, Texas
)
)

ORDER

Adopted: July 29, 2013

Released: July 29, 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 Townsquare Media of El Paso, Inc. (Townsquare El Paso). The
Consent Decree resolves and terminates the Bureau's investigation into possible violations of Section 317
of the Communications Act of 1934, as amended (Act), and Section 73.1212 of the Commission's rules
(Rules),1 in connection with the apparent failure by Regent Broadcasting of El Paso, Inc., Debtor-in-
Possession (Regent), the prior licensee, to properly disclose the sponsor of paid advertisements broadcast
on Stations KLAQ(FM) and KROD(AM), El Paso, Texas (Stations) in 2010. Townsquare El Paso
assumed liability for the outcome of the Bureau's investigation.2
2.
The Bureau and Townsquare El Paso 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.


1 See 47 C.F.R. 73.1212.
2 Regent Broadcasting of El Paso, Inc., Debtor-in-Possession is not currently a Commission licensee but was a
licensee and subject to these same laws at the time of the conduct at issue herein. Townsquare El Paso's corporate
family acquired the Stations by assignment consummated July 1, 2010 and as part of that assignment, through Town
Square Media, LLC agreed to accept liability for potential violations resulting from complaints (including those
covered by this Order) that were pending against the Stations at the time of the assignment. Those complaints,
which included the instant Complaints, prompted inquiry with respect to Regent's compliance with certain of the
Commission's rules but did not raise questions with respect to its basic qualifications.

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DA 13-1651

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.
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 Townsquare El Paso
possesses the basic qualifications, including those related to character, to hold or obtain any Commission
license or authorization.
5.
Accordingly,

IT IS ORDERED

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

IS ADOPTED

.
6.

IT IS FURTHER ORDERED

that the above-captioned investigation, as to the Stations
and/or Townsquare El Paso,

IS TERMINATED

.
7.

IT IS FURTHER ORDERED

that any third-party complaints and allegations against
the Station and/or Townsquare El Paso before the Enforcement Bureau related to the above-captioned
investigation 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 Townsquare El
Paso's counsel, Howard Liberman, Esq. and Alisa Lahey, Esq., Drinker Biddle & Reath LLP, 1500 K
Street, N.W., Washington, D.C. 20005-1209, and to the complainant.
FEDERAL COMMUNICATIONS COMMISSION
Robert H. Ratcliffe
Acting Chief, Enforcement Bureau


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

Federal Communications Commission

DA 13-1651

Before the

Federal Communications Commission

Washington, D.C. 20554

)
In the Matter of
)
File Number: EB-10-IH-2145
)
NAL/Acct. No.: 201332080026

Regent Broadcasting of El Paso, Inc. Debtor-in-

)
FRN: 0010632628

Possession

)
Facility ID Nos.: 48670 and 14908
)
Former Licensee of Stations KLAQ(FM) and
)
KROD(AM), El Paso, Texas
)
)
and
)
)

Townsquare Media of El Paso, Inc.

)
)
Successor-in-Interest and Licensee of Stations
)
KLAQ(FM) and KROD(AM), El Paso, Texas
)
)

CONSENT DECREE

1.
The Enforcement Bureau of the Federal Communications Commission (Bureau) and
Townsquare Media of El Paso, Inc., by their authorized representatives, hereby enter into this Consent
Decree for the purpose of terminating the Bureau's investigation into possible violations of Section 317 of
the Communications Act of 1934, as amended, and Section 73.1212 of the Commission's Rules1
pertaining to sponsorship identification.

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 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
each Commission licensee, including Townsquare El Paso, is subject by virtue of


1 See 47 U.S.C. 317; 47 C.F.R. 73.1212.

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DA 13-1651

it being a Commission licensee, including but not limited to Section 317 of the
Act and Section 73.1212 of the Commission's Rules.2
(f)
"Complainant" means the individual transmitting and filing the third-party
Complaints received by, or in the possession of, the Bureau and alleging
violation of Section 317 of the Act and/or Section 73.1212 of the Sponsorship ID
Laws, as described in this Consent Decree at paragraph 4.
(g)
"Complaints" means the third-party complaint(s) alleging violation of the
Commission's Sponsorship ID laws and received by, or in the possession of, the
Bureau, as described in this Consent Decree at paragraph 4.
(h)
"Compliance Plan" means the compliance obligations, program, and procedures
described in this Consent Decree at paragraph 11.
(i)
"Covered Employees" means all employees and agents of Townsquare El Paso
who perform, supervise, oversee, and/or manage the performance of duties that
relate to Townsquare El Paso's responsibilities under the Sponsorship ID Laws,
including those employees and agents who serve as on-air talent and/or
materially participate in the on-air broadcast of program material and/or in the
making of programming decisions, as well as their supervisory employees and
agents.
(j)
"Effective Date" means the date on which the Bureau releases the Adopting
Order.
(k)
"Investigation" means the investigation commenced by the Bureau's June 30,
2010 Letter of Inquiry regarding whether Regent violated the
Sponsorship ID Laws.
(l)
"Operating Procedures" means the standard, internal operating procedures and
compliance policies established by Townsquare El Paso to implement the
Compliance Plan.
(m)
"Parties" means Townsquare El Paso and the Bureau, each of which is a "Party."
(n)
"Regent" means Regent Broadcasting of El Paso, Inc. Debtor-in-Possession, the
former licensee of the Stations, and its successors-in-interest before July 1,
2010.3


2 Regent Broadcasting of El Paso, Inc. Debtor-in-Possession is not currently a Commission licensee but was a
licensee and subject to these same laws at the time of the conduct at issue herein. Townsquare El Paso's corporate
family acquired the Stations by assignment consummated July 1, 2010, and as part of that assignment, through
Town Square Media, LLC, agreed to accept liability for potential violations resulting from complaints (including the
instant Complaints) that were pending against the Stations at the time of the assignment. Those complaints, which
included the instant Complaints, prompted inquiry with respect to Regent's compliance with certain of the
Commission's rules but did not raise questions with respect to its basic qualifications.
3 On July 1, 2010, Townsquare Media, LLC became the Stations' corporate parent. See supra note 2.
2

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DA 13-1651

(o)
"Rules" means the Commission's regulations found in Title 47 of the Code of
Federal Regulations.
(p)
A "Sponsored Broadcast" is matter transmitted by a broadcast station that is aired
in exchange for valuable consideration that is "directly or indirectly paid or
promised to or charged or accepted by, the station so broadcasting," especially
the types of broadcasts covered by Section 73.1212(f) of the Commission's
Rules.
(q)
"Sponsorship ID Laws" means, individually or collectively, Section
317 of the Act and Section 73.1212 of the Commission's Rules.
(r)
"Stations" means Station KLAQ(FM), El Paso, Texas (Facility ID 48670)
and Station KROD(AM), El Paso, Texas (Facility ID 14908), each a "Station."
(s)
"Townsquare El Paso" means Townsquare Media of El Paso, Inc.;4 its corporate
family, including Town Square Media, LLC; and Townsquare El Paso's
successors-in-interest.

II.

BACKGROUND

3.
The Sponsorship ID Laws establish the general obligation of a broadcast station to air
sponsorship identification announcements whenever any "money, service or other valuable
consideration"5 is paid or promised to the station for the broadcast of program material.6 The
Commission has noted that the Sponsorship ID Laws are "grounded in the principle that listeners and
viewers are entitled to know who seeks to persuade them"7 and has warned that it would take enforcement
action against broadcast stations and cable operators that did not comply with these disclosure
requirements.8 Stations are exempt from making sponsorship identification announcements in certain
circumstances, but these exemptions do not apply when the consideration paid or promised to a station is
in the form of "money."9 Section 73.1212(f) states that "[i]n the case of broadcast matter advertising
commercial products or services," the licensee must broadcast "an announcement stating the sponsor's
corporate or trade name, or the name of the sponsor's product . . . ."10 That section also provides that in
such circumstances, "when it is clear that the mention of the name of the product constitutes a
sponsorship identification, [the name of the product] shall be deemed sufficient" to comply with the
Sponsorship ID Laws.11 In this case, Regent failed to mention the "sponsor's corporate or trade name, or
the name of the sponsor's product,"12 in violation of the Sponsorship ID Laws.


4 See supra note 2.
5 47 U.S.C. 317(a)(1). See also 47 C.F.R. 73.1212(a).
6 See 47 U.S.C. 317(a)(1); 47 C.F.R. 73.1212(a).
7 Commission Reminds Broadcast Licensees, Cable Operators and Others of Requirements Applicable to Video
News Releases and Seeks Comment on the Use of Video News Releases by Broadcast Licensees and Cable
Operators
, Public Notice, 20 FCC Rcd 8593, 859394 (2005).
8 See, e.g., id.
9 See id.
10 47 C.F.R. 73.1212(f).
11 Id.
12 Id.
3

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4.
The Bureau received Complaints, which alleged that Station KLAQ(FM) aired
advertisements that failed to identify the sponsor of the advertisement and the product advertised.13 The
Complaints alleged that the advertisements were sponsored by The Cigarette Outlet, and that the Station
intentionally omitted the sponsor of the announcements, whose name contains the word "cigarette," from
the advertisements in order to avoid violating Section 73.4055 of the Commission's Rules and 15 U.S.C
1335, both of which prohibit the broadcast of cigarette advertisements.14
5.
The Bureau issued a letter of inquiry (LOI) on June 30, 2010 regarding the issues raised
in the Complaints.15 In its response to the LOI,16 Regent confirmed that both KLAQ(FM) and
KROD(AM) had received money from The Cigarette Outlet as payment for the Stations' broadcast of
advertisements for The Cigarette Outlet store and that the Stations broadcast the subject advertisements.17
Regent further confirmed that the Stations omitted both the word "cigarette" and the name "The Cigarette
Outlet" from those advertisements.18 Regent acknowledged the applicability of the Commission's
Sponsorship ID Laws to The Cigarette Outlet's advertisements but effectively denied violating those
Laws by arguing that it was unnecessary to include the advertiser's full name in the announcements
because the "identity of each [a]dvertisement's sponsor and the fact of sponsorship of its business were
obvious"19 due to the advertisements' inclusion of the address and phone number of The Cigarette Outlet,
as well as directions to its only store.20 The Bureau disagrees with this assertion.

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

. Townsquare El Paso 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.


13 See Complaint from Robert King to Hillary DeNigro, Chief, Investigations and Hearings Division, FCC
Enforcement Bureau (Apr. 12, 2010) (on file in EB-10-IH-2145); Complaint from Robert King to Hillary DeNigro,
Chief, Investigations and Hearings Division, FCC Enforcement Bureau (Apr. 21, 2010) (on file in EB-10-IH-2145);
E-mail from Robert King to Hillary DeNigro, Chief, Investigations and Hearings Division, FCC Enforcement
Bureau (Apr. 28, 2010, 14:37 EDT) (on file in EB-10-IH-2145).
14 See 15 U.S.C. 1335; 47 C.F.R. 73.4055; supra note 13.
15 See Letter from Anjali K. Singh, Acting Assistant Chief, Investigations and Hearings Division, FCC Enforcement
Bureau to Regent Trust (June 30, 2010) (on file in EB-10-IH-2145). Regent Trust was the licensee of the Stations
from April 27, 2010 (See FCC File No. BALH-20100323AHU) until July 1, 2010 (See FCC File No. BALH-
20100232ACK).
16 See Letter from Mark B. Denbo, Counsel to Regent Broadcasting of El Paso, Inc., to Marlene H. Dortch,
Secretary, Federal Communications Commission at 12 (July 30, 2010) (on file in EB-10-IH-2145).
17 See id. at 3, Ex. 4.
18 See id. at 4.
19 Id.
20 See id.
4

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DA 13-1651

8.

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.
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
terminate the Investigation. In consideration for the termination of the Investigation, Townsquare El Paso
agrees to the terms, conditions, and procedures contained herein. The Bureau further agrees that in the
absence of new material evidence, the Bureau will not use the facts developed in this Investigation
through the Effective Date, or the existence of this Consent Decree, to institute on its own motion any
new proceeding, formal or informal, or take any action on its own motion against Townsquare El Paso
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 Townsquare El Paso with respect to its
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,
Townsquare El Paso 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 Townsquare El Paso 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 Sponsorship ID Laws prior to assuming his/her duties and
shall commit to enforcing high standards with respect to the Sponsorship ID Laws to avoid violations.
11.

Compliance Plan

. For purposes of settling the matters set forth herein, Townsquare El
Paso 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 the Sponsorship ID Laws, Townsquare El
Paso shall implement the following procedures:
(a)

Operating Procedures for broadcasts subject to the Sponsorship ID Laws

.
Within sixty (60) calendar days after the Effective Date, Townsquare El Paso
shall establish Operating Procedures that all Covered Employees must follow to
help ensure Townsquare El Paso's compliance with the Sponsorship ID Laws.
Townsquare El Paso's Operating Procedures shall include internal procedures
and policies specifically designed to ensure that Townsquare El Paso discloses
the sponsorship status and the sponsor of broadcasts that are aired in exchange
for valuable consideration or otherwise require sponsorship identification,
consistent with Section 317 of the Act and Section 73.1212 of the Commission's
Rules. Townsquare El Paso also shall develop a Compliance Checklist that
describes the steps that a Covered Employee must follow to ensure that
Sponsored Broadcasts will not result in a violation of the Communications Laws
regarding sponsorship ID. At a minimum, the Compliance Checklist shall
5

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DA 13-1651

require a multi-level review of Sponsored Broadcasts that air over the Station.
All scripts of announcements shall be reviewed prior to broadcast for compliance
with the Sponsorship ID Laws by at least two station employees, one of whom
shall be a management-level employee.
(b)

Compliance Manual

. Within sixty (60) calendar days after the Effective Date,
the Compliance Officer (with assistance of counsel as appropriate) shall develop
and distribute a Compliance Manual to all Covered Employees. The Compliance
Manual shall explain the Sponsorship ID Laws and set forth the Operating
Procedures that Covered Employees shall follow to help ensure Townsquare El
Paso's compliance with the Communications Laws. Townsquare El Paso shall
periodically review and revise the Compliance Manual as necessary to ensure
that the information set forth therein remains current and complete. Townsquare
El Paso shall distribute any revisions to the Compliance Manual promptly to all
Covered Employees.
(c)

Compliance Training Program

. Townsquare El Paso shall establish and
implement a Compliance Training Program on compliance with the Sponsorship
ID Laws and the Operating Procedures. As part of the Compliance Training
Program, Covered Employees shall be advised of Townsquare El Paso's
obligation to report any noncompliance with the Sponsorship ID Laws 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.
Townsquare El Paso 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.
(i)

Hotline

. The Compliance Officer shall maintain a hotline for
employees to call the Compliance Officer to obtain advice on
compliance with the Compliance Plan and report violations of
the Compliance Plan.
(ii)

Contractual Agreements

. Townsquare El Paso will ensure that
all contractual agreements with respect to Covered Employees
shall include a contractual clause relating to compliance with the
Sponsorship Identification Laws.
(iii)

Commitment to High Standards for the Identification of
Program Sponsors and the Airing of Sponsored Content

.
Townsquare El Paso commits to enforcing high standards with
respect to the Sponsorship ID Laws to avoid violations.
(d)

Sponsor Education

. Townsquare El Paso will also implement and maintain a
plan to educate prospective sponsors about appropriate sponsorship content and
how it incorporates such sponsorship content in the messages that it prepares for
6

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the sponsor's approval and eventual broadcast. To that end, Townsquare El Paso
will summarize the Sponsorship ID Laws for each client prior to accepting any
contract to air messages over the Station and preparing the message for the
sponsor's review. Townsquare El Paso will not broadcast any announcement that
does not comply with the Sponsorship ID Laws.
(e)

Annual Report

. The Compliance Officer shall submit reports to the
Townsquare El Paso's Board of Directors concerning the Townsquare El Paso's
compliance with this Compliance Plan. The first such report shall be submitted
within sixty (60) days of the Effective Date and additional reports shall be
submitted at least annually thereafter.
12.

Reporting Noncompliance

. Townsquare El Paso shall report any noncompliance with
the Sponsorship ID Laws, 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 Townsquare El Paso 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 Townsquare El Paso 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, DC 20554, with a copy submitted electronically to Theresa Z. Cavanaugh at
Terry.Cavanaugh@fcc.gov, Jeffrey J. Gee at Jeffrey.Gee@fcc.gov, Anjali Singh at
Anjali.Singh@fcc.gov, and Judy Lancaster at Judy.Lancaster@fcc.gov.
13.

Compliance Reports

. Townsquare El Paso 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 Townsquare El
Paso's efforts during the relevant period to comply with the terms and conditions
of this Consent Decree and the Sponsorship ID Laws. In addition, each
Compliance Report shall include a certification by the Compliance Officer, as an
agent of and on behalf of Townsquare El Paso, stating that the Compliance
Officer has personal knowledge that Townsquare El Paso (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 paragraphs 11 and 12
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 Rules21 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 Townsquare El Paso, shall
provide the Commission with a detailed explanation of the reason(s) why and


21 47 C.F.R. 1.16.
7

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describe fully: (i) each instance of noncompliance; (ii) the steps that Townsquare
El Paso has taken or will take to remedy such noncompliance, including the
schedule on which proposed remedial action will be taken; and (iii) the steps that
Townsquare El Paso 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, DC 20554, with a copy
submitted electronically to Theresa Z. Cavanaugh at Terry.Cavanaugh@fcc.gov,
Jeffrey J. Gee at Jeffrey.Gee@fcc.gov, Anjali Singh at Anjali.Singh@fcc.gov,
and Judy Lancaster at Judy.Lancaster@fcc.gov.
14.

FCC Enforcement Actions

. If, as a result of a possible future violation of the
Sponsorship ID Laws at one of its Stations, Townsquare El Paso receives a Notice of Apparent Liability
or similar Bureau document proposing a forfeiture, a Bureau document contemplating license non-
renewal or revocation, or a Forfeiture, Townsquare El Paso shall:
(a) suspend each employee accused of violating the Sponsorship ID Laws and
undertake an investigation of each such incident;
(b) require that each such employee receive remedial training on the Sponsorship ID
Laws and the Compliance Plan and successfully demonstrate to the Compliance
Officer and Station management that he or she understands such regulations and
policies before allowing such employee to resume his or her duties;
(c) take disciplinary action, up to and including termination, against each employee who
is materially involved in the violation of the Sponsorship ID Laws, if such violation
results in a final adjudication by the Commission that Townsquare El Paso violated
the Sponsorship ID Laws.
15.

Termination Date

. Unless stated otherwise, the requirements set forth in paragraphs 10
through 14 of this Consent Decree shall expire thirty-six (36) months after the Effective Date.
16.

Section 73.1212 Complaints; Subsequent Investigations

. Nothing in this Consent
Decree shall prevent the Commission or its delegated authority from adjudicating complaints filed
pursuant to Section 73.1212 of the Commission's Rules against Townsquare El Paso 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 Townsquare El Paso with the Communications Laws.
17.

Voluntary Contribution

. Townsquare El Paso agrees that it will make a voluntary
contribution to the United States Treasury in the amount of fifteen thousand dollars ($15,000) within
thirty (30) calendar days after the Effective Date. Townsquare El Paso shall also send electronic
notification of payment to Theresa Z. Cavanaugh at Terry.Cavanaugh@fcc.gov, Jeffrey J. Gee at
Jeffrey.Gee@fcc.gov, Anjali Singh at Anjali.Singh@fcc.gov, and to Judy Lancaster at
Judy.Lancaster@fcc.gov on the date said payment is made. The payment must be made by check or
8

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DA 13-1651

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.22 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:23
Y
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.
Y
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.
Y
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.
18.

Waivers

. Townsquare El Paso 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. Townsquare El Paso 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 Townsquare El
Paso nor the Commission shall contest the validity of the Consent Decree or the Adopting Order, and
Townsquare El Paso shall waive any statutory right to a trial de novo. Townsquare El Paso 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.
19.

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.
20.

Subsequent Rule or Order

. The Parties agree that if any provision of this 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 Townsquare El Paso does not
expressly consent) that provision will be superseded by such Rule or Commission order.


22 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
23 If Townsquare El Paso has 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.
9

Federal Communications Commission

DA 13-1651

21.

Successors and Assigns

. Townsquare El Paso agrees that the provisions of this Consent
Decree shall be binding on its successors, assigns, and transferees.
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
Townsquare El Paso represents and warrants that he is authorized by Townsquare El Paso to execute this
Consent Decree and to bind Townsquare El Paso 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.
10

Federal Communications Commission

DA 13-1651

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.

FEDERAL COMMUNICATIONS COMMISSION

______________________________________
Robert H. Ratcliffe
Acting Chief, Enforcement Bureau
______________________________________
Date

TOWNSQUARE MEDIA OF EL PASO, INC.


_____________________________________
By: Alex Berkett
Executive Vice President


_____________________________________
Date
11

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