Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

U.S. Satellite Agrees to Pay $500K to Resolve USF Investigation

Download Options

Released: November 13, 2013

Federal Communications Commission

DA 13-2041

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
File No.: EB-IHD-13-000107111
)
U.S. Satellite Corporation
)
Acct. No.: 201432080012
)
) FRN: 0003747821

ORDER

Adopted: November 12, 2013

Released: November 13, 2013
By the Chief, Enforcement Bureau:
1.
In this Order, we adopt a Consent Decree entered into between the Enforcement Bureau
(Bureau) of the Federal Communications Commission (Commission) and U.S. Satellite Corporation (U.S.
Satellite). The Consent Decree resolves and terminates an investigation by the Bureau into whether U.S.
Satellite violated sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission’s
rules.2 These rules address various regulatory fee and reporting obligations as well as required
contributions to the Universal Service Fund, the Telecommunications Relay Service Fund, and North
American Numbering Plan and Local Number Portability administration.
2.
A copy of the Consent Decree negotiated by the Bureau and U.S. Satellite is attached
hereto and incorporated herein by reference.
3.
After evaluating the facts before us and reviewing the terms of the Consent Decree, 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 U.S. Satellite possesses the
basic qualifications, including those related to character, to hold or obtain any Commission license or
authority.
5.
Accordingly,

IT IS ORDERED

that, pursuant to Sections 4(i), 4(j), and 503(b) of the
Act3 and Sections 0.111 and 0.311 of the Commission’s rules,4 the Consent Decree attached to this Order

IS ADOPTED

.

1 This investigation, initiated under File No. EB-10-IH-4132, was subsequently assigned File No.
EB-IHD-13-00010711.
2 47 C.F.R. §§ 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, 64.1195.
3 47 U.S.C. §§ 154(i), 154(j), 503(b).
4 47 C.F.R. §§ 0.111, 0.311.

Federal Communications Commission

DA 13-2041
6.

IT IS FURTHER ORDERED

that the above-captioned investigation

IS

TERMINATED

.
7.

IT IS FURTHER ORDERED

that a copy of this Order and Consent Decree shall be
sent by first class mail and certified mail, return receipt requested, to George M. Foote, Counsel for U.S.
Satellite Corporation, Dorsey & Whitney LLP, 1801 K Street, NW, Suite 750, Washington, DC 20006.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
2

Federal Communications Commission

DA 13-2041

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
File No.: EB-IHD-13-000107111
)
U.S. Satellite Corporation
)
Acct. No.: 201432080012
)
)
FRN: 0003747821

CONSENT DECREE

1.
The Enforcement Bureau of the Federal Communications Commission and U.S. Satellite
Communications Corporation, by their authorized representatives, hereby enter into this Consent Decree for
the purpose of terminating the Enforcement Bureau’s investigation into whether U.S. Satellite violated
sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission’s rules.2 These rules
address various regulatory fee and reporting obligations as well as required contributions to the Universal
Service Fund, the Telecommunications Relay Service Fund, and North American Numbering Plan and
Local Number Portability administration.

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.
(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 U.S. Satellite is subject
by virtue of its business activities, including but not limited to the Federal Regulatory
Reporting and Contribution Rules.
(f) “Compliance Plan” means the plan described in this Consent Decree at paragraph 13.

1 This investigation, initiated under File No. EB-10-IH-4132, was subsequently assigned File No.
EB-IHD-13-00010711.
2 47 C.F.R. §§ 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, 64.1195.

Federal Communications Commission

DA 13-2041
(g) “Covered Employees” means all employees and agents of U.S. Satellite who perform,
or supervise, oversee, or manage the performance of duties that relate to U.S.
Satellite’s responsibilities under the Federal Regulatory Reporting and Contribution
Rules.
(h) “Effective Date” means the date on which the Commission releases the Adopting
Order.
(i)
“Federal Regulatory Reporting and Contribution Rules” means Sections 9, 251, and
254 of the Act,3 Sections 1.1154, 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and
64.1195 of the Rules,4 and other provisions of the Act, the Rules, and Commission
orders governing federal regulatory reporting and contribution obligations.
(j)
“Investigation” means the investigation commenced by the Bureau in File No.
EB-10-IH-4132 (which was subsequently assigned File No. EB-IHD-13-1000010711)
regarding possible violations of the Federal Regulatory Reporting and Contribution
Rules.
(k) “LNP” means Local Number Portability.
(l)
“NANP” means the North American Numbering Plan.
(m) “Operating Procedures” means the standard, internal operating procedures and
compliance policies established by U.S. Satellite to implement the Compliance Plan.
(n) “Parties” means U.S. Satellite and the Bureau, each of which is a “Party.”
(o) “Rules” means the Commission’s regulations found in Title 47 of the Code of Federal
Regulations.
(p) “Telecommunications” or “Telecommunications Service” have the meanings set forth
in Sections 3(50) and 3(53) of the Act, 47 U.S.C. §§ 153(50), 153(53).
(q) “TRS Fund” means the Telecommunications Relay Services Fund.
(r) “USF” means the Universal Service Fund.
(s) “U.S. Satellite” or the “Company” means U.S. Satellite Corporation and its
predecessors-in-interest and successors-in-interest.

II.

BACKGROUND

3.
Pursuant to Section 254(d) of the Act and Sections 54.706 and 54.711 of the Rules,
telecommunications service providers that provide interstate telecommunications services are required to
file annual and quarterly Telecommunications Reporting Worksheets (FCC Form 499-A and FCC Form
499-Q) and contribute to the federal USF.5 Pursuant to Section 64.1195 of the Rules, interstate

3 47 U.S.C. §§ 159, 251, 254.
4 47 C.F.R. §§ 1.1154, 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, 64.1195.
5 See 47 U.S.C. § 254(d); 47 C.F.R. §§ 54.706, 54.711.
2

Federal Communications Commission

DA 13-2041
telecommunications carriers are required to file registration information on FCC Form 499-A.6 Pursuant to
Section 225(b)(1) of the Act and Section 64.604 of the Rules, providers of interstate telecommunications
services are required to contribute to the TRS Fund.7 Pursuant to Section 251(e) of the Act and Sections
52.17 and 52.32 of the Rules, telecommunications service providers are required to contribute to the costs
of establishing numbering administration and local number portability.8 Pursuant to Section 9(a)(1) of the
Act and Sections 1.1154 and 1.1157 of the Rules, interstate telecommunications carriers are required to pay
regulatory fees.9
4.
U.S. Satellite is incorporated in Utah.10 In 1980, U.S. Satellite began operating a domestic
satellite transmit/receive earth station and providing satellite communications services, primarily for the
distribution of customers’ video and audio programming.11 Following its acquisition by SUPERVALU
INC. (Supervalu), U.S. Satellite began to receive the overwhelming majority of its revenues from the
provision of interstate telecommunications services from its parent company.12
5.
On October 10, 2010, U.S. Satellite submitted a letter to the Bureau self-disclosing that it
“unintentionally and potentially upon incorrect advice from prior counsel, failed to file the required FCC
Form 499 in order to report possible eligible revenues for [USF] and other federal regulatory support
mechanisms.”13 Upon discovering this mistake, U.S. Satellite registered with and began making filings to
the Universal Service Administrative Corporation (USAC).14
6.
On April 19, 2011, the Bureau sent a Letter of Inquiry (LOI) to U.S. Satellite regarding its
compliance with its federal regulatory reporting and contribution obligations.15 On May 19, 2011, U.S.
Satellite filed its response to the LOI.16 U.S. Satellite supplemented that response on January 31, 2013,17
and February 26, 2013.18 Thereafter, the Parties entered into settlement negotiations.

6 See 47 C.F.R. § 64.1195.
7 See 47 U.S.C. § 225(b)(1); 47 C.F.R. § 64.604.
8 See 47 U.S.C. § 251(e); 47 C.F.R. §§ 52.17, 52.32.
9 See 47 U.S.C. § 159(a)(1); 47 C.F.R. §§ 1.1154, 1.1157.
10 See Letter from Karly Baraga Werner, Dorsey & Whitney, LLP, Attorney for U.S. Satellite, to Marlene H. Dortch,
Secretary, FCC, 1 (filed May 19, 2011) (on file in EB-IHD-13-00010711) (LOI Response).
11 Id.
12 See Letter from Stefan M. Lopatkiewizc, Dorsey & Whitney, LLP, Attorney for U.S. Satellite, to Hillary S.
DeNigro Chief, Investigations and Hearings Division, FCC Enforcement Bureau (Oct. 8, 2010) (on file in EB-IHD-
13-00010711) (Self-Disclosure Letter).
13 Id. at 1.
14 Id. On September 30, 2010, U.S. Satellite filed its FCC Form 499-A for 2010 and its FCC Form 499-Qs for the
first three quarters of 2010 with USAC. We note that on March 17, 2011, U.S. Satellite filed a petition with the
FCC requesting a declaratory ruling that U.S. Satellite’s revenues from providing service to Supervalu should be
excluded from the revenue base used to calculate U.S. Satellite’s USF contribution obligations. See Federal-State
Joint Board on Universal Service; Petition of U.S. Satellite for Declaratory Ruling
, WC Docket No. 96-45, filed by
U.S. Satellite Corporation (filed Mar. 17, 2011) (U.S. Satellite Petition). That petition remains pending.
15 See Letter from Pamela S. Kane, Deputy Div. Chief, Investigations and Hearings Division, FCC Enforcement
Bureau, to Max Worthington, Vice President, U.S. Satellite Corporation (Apr. 19, 2011) (on file in EB-IHD-13-
00010711) (LOI).
16 See LOI Response.
3

Federal Communications Commission

DA 13-2041
7.
As of the Effective Date, U.S. Satellite has paid all invoiced amounts for the USF, TRS
Fund, cost recovery mechanisms for NANP and LNP administration, and regulatory fees and has complied
with the regulatory reporting obligations discussed above.

III.

TERMS OF AGREEMENT

8.

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.
9.

Jurisdiction.

U.S. Satellite 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.
10.

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.
11.

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 said Investigation, U.S. Satellite 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 U.S. Satellite 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 this 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
U.S. Satellite with respect to U.S. Satellite’s basic qualifications, including its character qualifications, to be
a Commission licensee or hold Commission authorizations.
12.

Compliance Officer.

Within thirty (30) calendar days after the Effective Date, U.S.
Satellite shall designate a senior corporate manager with the requisite corporate and organizational authority
to serve as a 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 U.S. Satellite 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 Federal Regulatory Reporting and Contribution Rules prior to assuming his/her duties.

17 See Letter from George M. Foote, Dorsey & Whitney, LLP, Attorney for U.S. Satellite, to Pam Slipakoff,
Attorney Advisor, Investigations and Hearings Division, FCC Enforcement Bureau (filed Jan. 31, 2013) (on file in
EB-IHD-13-00010711).
18 See Letter from George M. Foote, Dorsey & Whitney, LLP, Attorney for U.S. Satellite, to Pam Slipakoff,
Attorney Advisor, Investigations and Hearings Division, FCC Enforcement Bureau (filed Feb. 26, 2013) (on file in
EB-IHD-13-00010711).
4

Federal Communications Commission

DA 13-2041
13.

Compliance Plan.

For purposes of settling the matters set forth herein, U.S. Satellite
agrees that it shall within sixty (60) calendar days after the Effective Date, develop and implement a
Compliance Plan designed to ensure future compliance with the Communications Laws, including the
Federal Regulatory Reporting and Contribution Rules, and with the terms and conditions of this Consent
Decree. With respect to the Federal Regulatory Reporting and Contribution Rules, the Compliance Plan
shall implement the following procedures:
(a)

Operating Procedures.

Within sixty (60) calendar days after the Effective Date, U.S.
Satellite shall establish Operating Procedures that all Covered Employees shall follow to
help ensure U.S. Satellite’s compliance with the Federal Regulatory Reporting and
Contribution Rules. U.S. Satellite’s Operating Procedures shall include internal procedures
and policies specifically designed to ensure that U.S. Satellite complies with the Federal
Regulatory Reporting and Contribution Rules. U.S. Satellite shall also develop a
Compliance Checklist that describes the steps that a Covered Employee must follow to
ensure compliance with the Federal Regulatory Reporting and Contribution Rules.
(b)

Compliance Manual.

Within sixty (60) calendar days after the Effective Date, the
Compliance Officer shall develop and distribute a Compliance Manual to all Covered
Employees. The Compliance Manual shall explain the Federal Regulatory Reporting and
Contribution Rules and set forth the Operating Procedures that Covered Employees shall
follow to help ensure U.S. Satellite’s compliance with the Federal Regulatory Reporting
and Contribution Rules. U.S. Satellite shall periodically review and revise the Compliance
Manual as necessary to ensure that the information set forth therein remains current and
accurate. U.S. Satellite shall distribute any revisions to the Compliance Manual promptly
to Covered Employees.
(c)

Compliance Training Program.

U.S. Satellite shall establish and implement a
Compliance Training Program on compliance with the Federal Regulatory Reporting and
Contribution Rules and the Operating Procedures. As part of the Compliance Training
Program, Covered Employees shall be advised of U.S. Satellite’s obligation to report any
noncompliance with the Federal Regulatory Reporting and Contribution Rules under
paragraph 14 of this Consent Decree and shall be instructed on how to disclose
noncompliance to the Compliance Officer. All Covered Employees shall be trained
pursuant to the Compliance Training Program within sixty (60) calendar days after the
Effective Date. Any person who becomes a Covered Employee at any time after the Initial
Training Program shall be trained within thirty (30) calendar days after the date such
person becomes a Covered Employee. U.S. Satellite 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.
14.

Reporting Noncompliance.

U.S. Satellite shall report any noncompliance with the
Federal Regulatory Reporting and Contribution Rules and the terms and conditions of this Consent Decree
within fifteen (15) calendar days after discovery of such noncompliance. Such reports shall include a
detailed explanation of (i) each instance of noncompliance; (ii) the steps that U.S. Satellite 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 U.S. Satellite 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, SW,
Washington, DC 20554, with a copy submitted electronically to Theresa Z. Cavanaugh at
5

Federal Communications Commission

DA 13-2041
Terry.Cavanaugh@fcc.gov, William A. Kehoe at William.Kehoe@fcc.gov, and Pam Slipakoff at
Pam.Slipakoff@fcc.gov. The reporting obligations set forth in this paragraph shall expire twenty-four (24)
months after the Effective Date.
15.

Compliance Reports.

U.S. Satellite shall file Compliance Reports with the Commission
ninety (90) calendar days after the Effective Date, twelve (12) months after the Effective Date, and twenty-
four (24) months after the Effective Date.
(a) Each Compliance Report shall include a detailed description of U.S. Satellite’s efforts
during the relevant period to comply with the terms and conditions of this Consent Decree
and the Federal Regulatory Reporting and Contribution Rules. In addition, each
Compliance Report shall include a certification by the Compliance Officer, as an agent of
and on behalf of U.S. Satellite, stating that the Compliance Officer has personal knowledge
that U.S. Satellite (i) has established and implemented the Compliance Plan; (ii) has
utilized the Operating Procedures since the implementation of the Compliance Plan; and
(iii) is not aware of any instances of noncompliance with the terms and conditions of this
Consent Decree, including the reporting obligations set forth in paragraph 14 of this
Consent Decree.
(b) The Compliance Officer’s certification shall be accompanied by a statement explaining the
basis for such certification and shall comply with Section 1.16 of the Rules19 and be
subscribed to as true under penalty of perjury in substantially the form set forth in Section
1.16.
(c) If the Compliance Officer cannot provide the requisite certification, the Compliance
Officer, as an agent of and on behalf of U.S. Satellite, shall provide the Commission with a
detailed explanation of the reason(s) why and describe fully (i) each instance of
noncompliance; (ii) the steps that U.S. Satellite has taken or will take to remedy such
noncompliance, including the schedule on which proposed remedial actions will be taken;
and (iii) the steps that U.S. Satellite 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 & Hearings
Division, Enforcement Bureau, Federal Communications Commission, Room 4-C330, 445
12th Street, SW, Washington, DC 20554, with a copy submitted electronically to Theresa
Z. Cavanaugh at Terry.Cavanaugh@fcc.gov, William A. Kehoe at
William.Kehoe@fcc.gov, and Pam Slipakoff at Pam.Slipakoff@fcc.gov.
16.

Termination Date.

Unless stated otherwise, the requirements set forth in paragraphs 12
through 15 of this Consent Decree shall expire twenty-four (24) months after the Effective Date.
17.

Section 208 Complaints; Subsequent Investigations.

Nothing in this Consent Decree
shall prevent the Commission or its delegated authority from adjudicating complaints filed pursuant to
Section 208 of the Act20 against U.S. Satellite or its affiliates for alleged violations of the Act, or for any
other type of alleged misconduct, regardless of when such misconduct took place. The Commission’s
adjudication of any such complaint will be based solely on the record developed in that proceeding. Except

19 47 C.F.R. § 1.16.
20 47 U.S.C. § 208.
6

Federal Communications Commission

DA 13-2041
as expressly provided in this Consent Decree, this Consent Decree shall not prevent the Commission from
investigating new evidence of noncompliance by U.S. Satellite with the Communications Laws.
18.

Voluntary Contribution.

U.S. Satellite agrees that it will make a voluntary contribution
to the United States Treasury in the aggregate amount of Five-Hundred Thousand dollars ($500,000)
(Voluntary Contribution). Such Voluntary Contribution shall be made in installments (each an Installment
Payment). The first Installment Payment in the amount of Two Hundred and Fourteen Thousand dollars
($214,000) is due within thirty (30) calendar days after the Effective Date. The second payment of One
Hundred and Forty-Three Thousand dollars ($143,000) is due within one year after the Effective Date. The
third and final payment of One Hundred and Forty-Three Thousand dollars ($143,000) is due within two
years after the Effective Date. U.S. Satellite 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).21 Upon an Event of Default (as defined below), all procedures for
collection as permitted by law may, at the Commission’s discretion, be initiated. In addition, U.S. Satellite
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. U.S. Satellite shall also send electronic notification
of payment to Theresa Z. Cavanaugh at Terry.Cavanaugh@fcc.gov, William A. Kehoe at
William.Kehoe@fcc.gov, and Pam Slipakoff at Pam.Slipakoff@fcc.gov on the date each such said
Installment Payment is made.
19.
Each of the Installment Payments must be made by check or similar instrument, wire
transfer, or credit card, and must include the 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
regarding the form of payment:

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.

21 Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996).
22 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
7

Federal Communications Commission

DA 13-2041
Questions regarding payment procedures should be addressed to the Financial Operations Group Help
Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
20.

Event of Default

. U.S. Satellite agrees that an Event of Default shall occur upon the
failure by U.S. Satellite to pay the full amount of any Installment Payment on or before the due date
specified in this Consent Decree.
21.

Interest, Charges for Collection, and Acceleration of Maturity Date

. After an Event of
Default has occurred under this Consent Decree, the then unpaid amount of the Voluntary Contribution
shall accrue interest, computed using the U.S. Prime Rate in effect on the date of the Event of Default plus
4.75 percent, 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, shall become immediately due and
payable, without notice, presentment, demand, protest, or notice of protest of any kind, all of which are
waived by U.S. Satellite.
22.

Waivers.

U.S. Satellite 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 the Adopting Order as defined in this
Consent Decree. U.S. Satellite 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 U.S. Satellite nor the
Commission shall contest the validity of the Consent Decree or the Adopting Order, and U.S. Satellite shall
waive any statutory right to a trial de novo. U.S. Satellite hereby agrees to waive any claims it may
otherwise have under the Equal Access to Justice Act,23 relating to the matters addressed in this Consent
Decree.
23.

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.
24.

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 U.S. Satellite does not expressly consent) that
provision will be superseded by such Commission Rule or order.
25.

Successors and Assigns.

U.S. Satellite agrees that the provisions of this Consent Decree
shall be binding on its successors, assigns, and transferees.
26.

Final Settlement.

The Parties agree and acknowledge that this Consent Decree shall
constitute a final settlement between the Parties with respect to the Investigation. The Parties further agree
that this Consent Decree does not constitute either an adjudication on the merits or a factual or legal finding
or determination regarding any compliance or noncompliance with the Communications Laws.
27.

Modifications.

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

23 See 5 U.S.C. § 504; 47 C.F.R. Part 1, Subpart K.
8

Federal Communications Commission

DA 13-2041
28.

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.
29.

Authorized Representative.

The individual signing this Consent Decree on behalf of U.S.
Satellite represents and warrants that he is authorized to execute this Consent Decree and to bind U.S.
Satellite 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.
30.

Counterparts.

This Consent Decree may be signed in counterpart (including by
facsimile). Each counterpart, when executed and delivered, shall be an original, and all of the counterparts
together shall constitute one and the same fully executed instrument.
________________________________
P. Michele Ellison
Chief
Enforcement Bureau
________________________________
Date
________________________________
Paul Rowan
Executive Vice President and General Counsel
New Albertson’s, Inc.
________________________________
Date
9

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.