Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                        )                               
     In the Matter of                                                   
                                        )   File No. EB-04-TC-149       
     Fort Myers Broadcasting Company.                                   
                                        )   NAL/Acct. No. 200732170044  
     Licensee of WINK-TV                                                
                                        )   FRN: 0004078098             
     Fort Myers, Florida                                                
                                        )                               



                                     ORDER

   Adopted: February 5, 2007 Released: February 5, 2007

   By the Chief, Enforcement Bureau:

   1. In this Order, we adopt the attached Consent Decree entered into
   between the Enforcement Bureau, and Fort Myers Broadcasting Company
   ("FMBC"). The Consent Decree terminates an investigation initiated by the
   Enforcement Bureau regarding whether FMBC violated section 713 of the
   Communications Act of 1934, as amended (the "Act"), and section
   79.2(b)(1)(i) of the Commission's rules by failing to make accessible to
   persons with hearing disabilities emergency information that it provided
   aurally in its programming for WINK-TV during Hurricane Charley, in the
   Fort Myers-Naples Designated Market Area on August 13, 2004.

   2. The Enforcement Bureau and FMBC have negotiated the terms of a Consent
   Decree that resolve this matter and terminate the investigation. A copy of
   the Consent Decree is attached hereto and incorporated by reference.

   3. After 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. 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 FMBC possess the
   basic qualifications, including character qualifications, to remain a
   Commission licensee.

   4. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the
   Communications Act of 1934, as amended, and the authority delegated by
   sections 0.111 and 0.311 of the Commission's rules, that the attached
   Consent Decree IS ADOPTED.

   5.  IT IS FURTHER ORDERED that the above-captioned investigation into the
   matters described herein is terminated.

   6.  IT IS FURTHER ORDERED  that copies of this order shall be sent by
   regular first class mail and certified mail - return receipt requested to
   Joseph A. Belisle, Leibowitz & Associates, P.A., One SE Third Avenue,
   Suite 1450. Miami, FL 33131-1715.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris Anne Monteith

   Chief, Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                       )                                
                                                                        
                                       )                                
                                                                        
                                       )                                
     In the Matter of                                                   
                                       )   File No. EB-04-TC-149        
     Fort Myers Broadcasting Company                                    
                                       )   NAL/Acct. No: 20073217 0044  
     Licensee of WINK-TV                                                
                                       )   FRN: 0004078098              
     Fort Myers, Florida                                                
                                       )                                
                                                                        
                                       )                                
                                                                        
                                       )                                


   CONSENT DECREE

   I. Introduction

   1. The Enforcement Bureau ("Bureau") of the Federal Communications
   Commission (the "FCC" or "Commission") and Fort Myers Broadcasting Company
   ("FMBC"), by their authorized representatives, hereby enter into this
   Consent Decree for the purpose of terminating the Bureau's investigation
   (the "Investigation") regarding whether FMBC complied with section 713 of
   the Communications Act of 1934, as amended (the "Act"), and section
   79.2(b)(1)(i) of the Commission's rules, with respect to the duty to make
   accessible to persons with hearing disabilities emergency information that
   it provided aurally in its programming for WINK-TV during Hurricane
   Charley, in the Fort Myers-Naples Designated Market Area on August 13,
   2004.

   II. BACKGROUND

   2. On August 13, 2004, Hurricane Charley hit Florida's coast between Fort
   Myers and Punta Gorda. The Commission was made aware of allegations that
   WINK-TV failed to make information on Hurricane Charley accessible to
   persons with hearing disabilities. This failure allegedly deprived
   hearing impaired viewers of  access to critical emergency information
   including evacuation orders and  information on what to do to remain safe.
   The Bureau subsequently launched an investigation into FMBC's broadcasts
   carried on WINK-TV on August 12 and 13, 2004.

   III. DEFINITIONS

   3. For the Purposes of this Consent Decree, the following definitions
   shall apply:

   (a) "Act" means the Communications Act of 1934, as amended;

   (b) "Bureau" means the Enforcement Bureau of the Federal Communications
   Commission;

   (c) "Commission" or "FCC" means the Federal Communications Commission;

   (d) "Effective Date" means the date on which the Bureau releases the
   Adopting Order;

   (e) "Extended news coverage of an emergency condition" means news
   programming of one half hour or greater duration, other then WINK-TV's
   regularly scheduled news programming, during which emergency information,
   as defined in section 79.2 of the Commission's rules, is provided;

   (f) "Investigation" means the investigation of the Station's broadcasts on
   August 12 and 13, 2004;

   (g) "FMBC" or the "Company" means Fort Myers Broadcasting Company,
   licensee of WINK-TV, Fort Myers, Florida, and any affiliate, d/b/a,
   predecessor-in-interest, parent companies and any direct or indirect
   subsidiaries of such parent companies, or other affiliated companies or
   businesses, and their successors and assigns;

   (h) "Order" or "Adopting Order" means an Order of the Bureau adopting the
   terms and conditions of this Consent Decree without change, addition, or
   modification, and formally terminating the above-captioned Investigation;

   (i) "Parties" means FMBC and the Bureau;

   (j) "Rules" means the Commission's regulations set forth in Title 47 of
   the Code of Federal Regulations; and

   (k) "Station" or "WINK-TV" means Fort Myers Broadcasting Company's station
   WINK-TV, Facility ID. No. 22093, serving the Fort Myers-Naples Designated
   Market Area.

   IV. AGREEMENT

   4. FMBC agrees that the Bureau has jurisdiction over it and the subject
   matter contained in this Consent Decree and the authority to enter into
   and adopt this Consent Decree.

   5. The Parties agree and acknowledge that this Consent Decree shall
   constitute a final settlement between them concerning the Investigation.
   In express reliance on the covenants and representations contained herein,
   and to avoid the potential expenditure of additional public resources, the
   Bureau agrees to terminate the Investigation. In consideration for the
   termination of this Investigation and in accordance with the terms of this
   Consent Decree, FMBC agrees to the terms, conditions, and procedures
   contained herein.

   6. The Parties agree that this Consent Decree does not constitute either
   an adjudication on the merits or a factual or legal finding regarding any
   compliance or noncompliance by FMBC with the requirements of the Act and
   the Rules. The Parties agree that this Consent Decree is for settlement
   purposes only and that by agreeing to this Consent Decree, FMBC does not
   admit or deny any non-compliance or violation of the Act or the Commission
   rules in connection with the matters that are the subject of this Consent
   Decree.

   7. 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 an Order.

   8. The parties agree that this Consent Decree shall become effective on
   the Effective Date and shall have the same force and effect as any other
   order of the Commission. Any violation 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. The Bureau agrees that it shall terminate the Investigation. The Bureau
   aggress that, in the absence of new material evidence, it will not on its
   own motion initiate any inquiries, investigations, forfeiture proceedings,
   hearings, or other sanctions or actions against FMBC, based in whole or in
   part on the Investigation or any complaints alleging violations of section
   79.2 relating to the coverage FMBC provided of Hurricane Charley on August
   12 and 13, 2004.

   10. In consideration for the termination of the Investigation, the Station
   will implement within 30 days of the Effective Date and maintain the
   following Emergency Visual Presentation Policy, which will be overseen by
   the Station's News Director:

   (a) It shall be the policy of the station to close caption the regularly
   scheduled local news and emergency information set forth below. Pursuant
   to this policy, the Station will contract with a reputable real-time
   closed captioning service provider to obtain real-time closed captioning
   for the said regularly scheduled local news and emergency information
   presented on WINK-TV:

   (1) Monday- Friday News Broadcast at 6 a.m., 12 p.m., 5 p.m., 5:30 p.m., 6
   p.m., and 11 p.m.;

   (2) Saturday News at 6 p.m. and 11 p.m.;

   (3) Sunday News at 6:30 p.m. and 11 p.m.; and,

   (4) Any "extended news coverage of an emergency condition" affecting the
   Fort-Myers-Naples Designated Market Areas.

   (b) It shall be the policy of WINK to close caption all emergency
   information broadcast outside a regularly scheduled newscast if such
   information is conveyed via the Station's audio. However, pursuant to the
   Emergency Visual Presentation Policy, if captioning services are not
   immediately available or if captioning services cannot be immediately
   secured, WINK will make the critical details of the emergency information
   accessible by other visual means, such as crawls, scrolls, or handwriting
   on a blackboard, and will continue to do so until captioning begins. In
   any event, captioning must be provided as set forth above, within the
   first thirty (30) minutes of any "extended news coverage of an emergency
   condition." Emergency information will include any information relating to
   an imminent or ongoing emergency, as described in section 79.2 of the
   Commission's rules, affecting WINK's viewers that is intended to protect
   life, health, or property;

   (c) Pursuant to the Emergency Visual Presentation Policy, WINK will
   promptly commence captioning, or contact its captioning service, before or
   contemporaneously with any broadcast coverage of a pending or imminent
   emergency that endangers the Station's viewers and will make its best
   reasonable efforts to ensure that coverage of the emergency is captioned
   as soon as possible.  As set forth above, captioning must be provided
   within the first thirty (30) minutes of any "extended news coverage of an
   emergency condition." Consistent with section 79.2 of the Commission's
   rules, during any time that captioning is not immediately available to
   caption the newscast or breaking news report, WINK will make the critical
   details of the emergency information accessible by other visual means,
   such as crawls, scrolls, or handwriting on a blackboard;

   (d) The telephones used by the Station's general manager, news director,
   program production manager and executive producers shall have speed
   dialing capability and the direct dial telephone number of the Stations'
   captioning service shall be programmed into the speed dialing function of
   each such telephone;

   (e) The Station will distribute, at least every six (6) months, the
   Station's Emergency Visual Presentation Policy to all News Room and Master
   Control employees;

   (f) The Station will incorporate the Station's Emergency Visual
   Presentation Policy into the Station's annual news employee training
   session;

   (g) FMBC shall consult with organizations representing deaf and hard of
   hearing persons on a yearly basis as part of the ongoing assessment of how
   the Station is meeting the needs of its hearing impaired viewers. These
   consultations will include discussions of how the station can best serve
   the needs of the hearing impaired viewers for emergency information; and

   (h) Each year, on or before the commencement of the hurricane season, the
   Station's management shall review with the Station's News Room and Master
   Control staff Emergency Visual Presentation Policy procedures and
   processes to ensure the Station is prepared to provide emergency
   information to hearing impaired viewers.

   11. In consideration for the termination of the Investigation, and in
   accordance with the terms of this Consent Decree, FMBC will make a
   voluntary contribution to the United States Treasury without further
   protest or recourse to a trial de novo in the amount of twenty thousand
   dollars ($20,000) within thirty (30) calendar days after the Effective
   Date. FMBC must make this payment by check or similar instrument, payable
   to the order of the Federal Communications Commission. The payment must
   include the Acct. No. and FRN referenced above. Payment by check or money
   order may be mailed to Forfeiture Collection Section, Finance Branch,
   Federal Communications Commission, P.O. Box 358340 Pittsburgh,
   Pennsylvania, 15251. Payment by overnight mail may be sent to Mellon
   Client Service, 500 Ross Street, Room 670, Pittsburgh, PA, 15262-0001,
   Atten: FCC Module Supervisor. Payment by wire transfer may be made to ABA
   Number 043000261, receiving bank Mellon Bank, and account number 911-6229.
   Please include your NAL/Acct No. with your wire transfer.

   12. FMBC's decision to enter into this Consent Decree is expressly
   contingent upon the Bureau's issuance of an Order that is consistent with
   this Consent Decree, and which adopts the Consent Decree without change,
   addition or modification.

   13. FMBC 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 Order,
   provided the Bureau issues an Order adopting the Consent Decree without
   change, addition or modification.

   14. If any Party (or the United States on behalf of the FCC) brings a
   judicial action to enforce the terms of the Order, neither FMBC nor the
   FCC shall contest the continuing validity of the Consent Decree or Order.
   FMBC and the Commission further agree that they will waive any statutory
   right to a trial de novo with respect to any matter upon which the Order
   is based (provided in each case that the Order is limited to adopting the
   Consent Decree without change, addition, or modification), and that they
   will consent to a judgment incorporating the terms of this Consent Decree.

   15. In the event that this Consent Decree is rendered invalid by any court
   of competent jurisdiction, this Consent Decree shall become null and void
   and may not be used in any manner in any legal proceeding.

   16. 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 FMBC does not consent), that provision will be superseded
   by such Commission rule or order.

   17. By this Consent Decree, FMBC does not waive or alter its right to
   assert and seek protection from disclosure of any privileged or otherwise
   confidential and protected documents and information, or to seek
   appropriate safeguards of confidentiality for any competitively sensitive
   or proprietary information.

   18. The Parties agree that the requirements of this Consent Decree shall
   expire thirty-six (36) months from the Effective Date.

   19. This Consent Decree may be signed in counterparts and/or by telecopy
   and, when so executed, the counterparts, taken together, will constitute a
   legally binding and enforceable instrument whether executed by telecopy or
   by original signatures.

   For the Enforcement Bureau For Fort Myers Broadcasting Company

   By: ______________________________ By: ______________________________

   Kris Anne Monteith Gary Gardner

   Chief Vice President

   ______________________________ ______________________________

   Date Date

   47 U.S.C. S 613.

   47 C.F.R. S 79.2(b)(1)(i).

   47 U.S.C. S 154(i).

   47 C.F.R. SS 0.111, 0.311.

   47 U.S.C. S 613.

   47 C.F.R. S 79.2(b)(1)(i).

   Federal Communications Commission DA 07-507

   - 2 -

   Federal Communications Commission DA 07-507