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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                )                               
                                                                
                                )                               
     In the Matter of               File No. EB-04-TC-061       
                                )                               
     Midwest Television, Inc.       Facility No. 42122          
                                )                               
     Licensee of KFMB-TV            NAL/Acct. No. 200532170006  
                                )                               
     San Diego, CA                  FRN: 0003750775             
                                )                               
                                                                
                                )                               



                                     ORDER

   Adopted: March 7, 2007   Released: March 7, 2007

   By the Chief, Enforcement Bureau:

   In this Order, we adopt the attached Consent Decree entered into between
   the Enforcement Bureau and Midwest Television ("Midwest"). The Consent
   Decree terminates an investigation initiated by the Enforcement Bureau
   regarding whether Midwest 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 KFMB-TV during wildfire news coverage during October of
   2003.

   The Enforcement Bureau and Midwest 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.

   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 Midwest possess the basic
   qualifications, including character qualifications, to remain a Commission
   licensee. Furthermore, we find that the Notice of Apparent Liability
   issued in this proceeding is null and void.

   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  and the Notice of Apparent Liability IS CANCELLED.

   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
   Jonathan Blake, Covington & Burling LLP, 1201 Pennsylvania Avenue, NW,
   Washington, DC 20004.

   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-061       
                                                                
     Midwest Television, Inc.   )   Facility No. 42122          
                                                                
     Licensee of KFMB-TV        )   NAL/Acct. No. 200532170006  
                                                                
     San Diego, CA              )   FRN: 0003750775             
                                                                
                                )                               


                                 CONSENT DECREE

   I. INTRODUCTION

    1. The Enforcement Bureau ("Bureau") of the Federal Communications
       Commission (the "FCC" or "Commission") and Midwest Television, Inc.
       ("Midwest" or "Station"), by their authorized representatives, hereby
       enter into this Consent Decree for the purpose of terminating the
       Bureau's investigation (the "Investigation") regarding whether the
       Station 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, as it relates to the duty to make accessible to persons with
       hearing disabilities emergency information that the Station provided
       aurally in their programming during wildfire news coverage on October
       26 and October 27, 2003.

   II. BACKGROUND

    2. During the week beginning Sunday, October 26, 2003, there were
       wildfires throughout Southern California, including the San Diego
       area. Due to high winds these fires spread rapidly and caused the
       evacuation of many San Diego residents. During this time, the Station
       broadcast emergency information regarding the wildfires. The
       Commission was made aware of allegations that the Station may have
       failed to make certain information regarding the wildfires accessible
       to persons with hearing disabilities. This failure allegedly resulted
       in hearing impaired viewers not having access to critical emergency
       information. The Bureau subsequently launched an investigation into
       the Station's October 26 and 27 broadcasts, which determined that the
       Station failed to provide visual presentation of emergency information
       about the wildfires in 11 instances where the information had been
       aurally presented. Accordingly, the Bureau issued a Notice of Apparent
       Liability for Forfeiture ("NAL") proposing that Midwest pay a
       forfeiture of twenty thousand dollars ($20,000) for apparently failing
       in a timely manner to make accessible to persons with hearing
       disabilities emergency information that it provided aurally. Midwest
       filed a response to the NAL on March 24, 2003.

   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. "Emergency Visual Presentation Policy" means the process and
       procedures developed by the Station in an effort to ensure compliance
       with the Act and the Rules regarding broadcasting emergency
       information for the hearing impaired;

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

    f. "Effective Date" means the date on which the Bureau releases the
       Adopting Order;

    g. "Investigation" means the investigation of the Station's broadcasts on
       October 26 and 27, 2003;

    h. "Midwest" means Midwest Television, Inc., licensee of KFMB-TV, San
       Diego, CA, 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;

    i. "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;

    j. "Parties" means Midwest and the Bureau;

    k. "Rules" means the Commission's regulations set forth in Title 47 of
       the Code of Federal Regulations; and,

    l. "Station" means Midwest's station KFMB-TV, Facility ID. No. 42122,
       serving the San Diego, CA, Designated Market Area.

   IV. AGREEMENT

    4. Midwest 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, the Station 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 Midwest 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, Midwest 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 agrees 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 Midwest, based in whole or in part on the Investigation or any
       complaints alleging violations of section 79.2 relating to the
       Station's coverage of the San Diego wildfires during October of 2003.
       The Bureau agrees that, in absence of material new evidence, it will
       not initiate or recommend to the Commission any new proceeding,
       informal or formal, regarding the matters that were subject of the
       Investigation. The Bureau further agrees that, in absence of material
       new evidence, it will not use the facts developed in this
       Investigation prior to the Effective date to initiate on its own
       motion, or recommend to the Commission, any proceeding, informal or
       formal, or take any action on its own motion against Midwest with
       respect to its basic qualifications to be or remain a Commission
       licensee.

   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 closed 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 said regularly scheduled newscasts and emergency information presented
   on KFMB-TV.

   (1) Monday-Friday News Broadcast at 5:00-6:00 p.m., 11:00-11:30 p.m., and,

   (2) Any "extended news coverage of an emergency condition" affecting the
   San Diego, CA Designated Market Area.

   (b) It shall be the policy of the Station to closed caption all emergency
   information broadcast outside a regularly scheduled newscast if such
   information is conveyed aurally by the Station. However, pursuant to the
   Emergency Visual Presentation Policy, if captioning services are not
   immediately available or if captioning services cannot be immediately
   secured, the Station will make 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 thirty (30) minutes of any "extended news coverage of an emergency
   condition," consistent with the Commission's rules and polices. 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 the Station's viewers that is intended to protect life, health,
   or property.

    c. The Station will maintain visible postings on television sets in the
       Station's newsroom and master control that remind employees to contact
       the Station's captioning service during emergency conditions and
       include the phone number for that service;

    d. The Station will maintain a labeled speed-dial button on telephones in
       the Station's newsroom and master control to the Station's captioning
       service;

   (e) Pursuant to the Emergency Visual Presentation Policy, the Station 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 the Commission's rules and policies.
   Consistent with 79.2 of the Commission's rules, during any time that
   captioning is not immediately available to caption the news cast or
   breaking news report, the Station will make the critical details of the
   emergency information accessible by other means, such as crawls, scrolls,
   or handwriting on a blackboard.

   (f) The Station will distribute, at least every six months, the Station's
   emergency visual presentation policy to news and other appropriate
   employees as well as when such employees are hired.

   11. In consideration for the termination of the Investigation, and in
       accordance with the terms of this Consent Decree, Midwest will make a
       voluntary contribution to the United States Treasury without further
       protest or recourse to a trial de novo in the amount of eighteen
       thousand dollars ($18,000) within 30 calendar days after the Effective
       Date. Midwest 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, Attention: FCC Module Supervisor. Payment
       by wire transfer may be made to ABA Number 043000261, receiving Mellon
       Bank, and account number 911-6229. Please include your NAL/Acct No. in
       your transfer.

   12. Midwest'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. Midwest 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 Midwest nor
       the FCC shall contest the continuing validity of the Consent Decree or
       Order. Midwest 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 Midwest does not consent), that the provision
       will be superseded by such Commission rule or order.

   17. By this Consent Decree, Midwest 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 twenty-four (24) 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 Midwest Television, Inc.       

     By: ______________________________   By:                                
     Kris Anne Monteith                   ______________________________     
                                          Elisabeth M. Kimmel                

     _____________________________        _____________________________      
     Date                                 Date                               


   47 U.S.C. S 613.

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

   Midwest Television, Inc., Notice of Apparent Liability, 20 FCC Rcd 3959.

   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).

   The 11 apparent violations cited in the NAL were described in an
   attachment to the NAL and will be referred to throughout this forfeiture
   order. See Attachment A.

   Letter to David Solomon, Chief, Enforcement Bureau, Federal Communications
   Commission from Elizabeth M. Kimmel, Vice President, Vice President,
   Business & Legal Affairs, Midwest Television, Inc.

   (Continued from previous page)

   (continued....)

   Federal Communications Commission DA 07-965

   5

   Federal Communications Commission DA 07-965