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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of KCETLink Licensee of Noncommercial Educational TV Station
   KCET, Los Angeles, California ) ) ) ) ) ) ) File No.: EB-10-LA-0214
   NAL/Acct. No.: 201132900003 FRN: 0001529213 Facility ID No.: 13058




                                     ORDER

   Adopted: March 27, 2013 Released: March 28, 2013

   By the Regional Director, Western Region, Enforcement Bureau:

    1. In this Order, we adopt the attached Consent Decree entered into
       between the Enforcement Bureau (Bureau) of the Federal Communications
       Commission and KCETLink, Licensee of Noncommercial Educational TV
       Station KCET, Los Angeles, California.^  The Consent Decree resolves
       and terminates the Bureau's investigation into KCETLink's compliance
       with Section 73.3527(c) of the Commission's rules^ concerning the
       availability of the Station KCET public inspection file.

    2. The Bureau and KCETLink have negotiated the Consent Decree that
       resolves this matter, including a detailed, two-year compliance plan
       requirement. A copy of the Consent Decree is attached hereto and
       incorporated herein by reference.

    3. After reviewing the terms of the Consent Decree and evaluating the
       facts before us, we find that the public interest would be served by
       adopting the Consent Decree and terminating the investigation.

    4. In the absence of material new evidence relating to this matter, we
       conclude that our investigation raises no substantial or material
       questions of fact as to whether KCETLink possesses the basic
       qualifications, including those related to character, to hold or
       obtain any Commission license or authorization.

    5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and
       503(b) of the Communications Act of 1934, as amended,^ and Sections
       0.111 and 0.311 of the Commission's rules,^ the Consent Decree
       attached to this Order IS ADOPTED.

    6. IT IS FURTHER ORDERED that the above-captioned investigation, as to
       the Station and/or the Licensee, IS TERMINATED.

    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 KCETLink, 2900 West Almeda Avenue, Burbank, CA 91505,
       and its counsel of record, Maureen R. Jeffreys, Esquire, Arnold &
       Porter, LLP, 555 Twelfth Street, NW, Washington, D.C. 20004.

   FEDERAL COMMUNICATIONS COMMISSION

   Rebecca L. Dorch

   Regional Director

   Western Region

   Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of KCETLink Licensee of Noncommercial Educational TV Station
   KCET, Los Angeles, California ) ) ) ) ) ) ) ) File No.: EB-10-LA-0214
   NAL/Acct. No.: 201132900003 FRN: 0001529213 Facility ID No.: 13058




                                 CONSENT DECREE

   The Enforcement Bureau of the Federal Communications Commission and
   KCETLink, by their authorized representatives, hereby enter into this
   Consent Decree for the purpose of terminating the Bureau's investigation
   into possible violations of Section 73.3527(c) of the Commission's rules^
   pertaining to the availability of the Station KCET public inspection file.

   I. DEFINITIONS

    1. 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. S
       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 KCETLink is subject by virtue of its business activities.

    f. "Compliance Plan" means the compliance obligations, programs, and
       procedures described in this Consent Decree at paragraph 9.

    g. "Covered Employees" means all employees and agents of KCETLink who
       perform, or supervise, oversee, or manage the performance of, duties
       that relate to KCETLink's responsibilities under the Public Inspection
       File Rules.

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

    i. "KCETLink" means KCETLink, and its predecessors-in-interest and
       successors-in-interest.

    j. "Investigation" means the investigation commenced by the Bureau's Los
       Angeles District Office regarding the availability of the Station KCET
       public inspection file.

    k. "NAL" means the Notice of Apparent Liability for Forfeiture released
       by the Bureau on February 8, 2011, Community Television of Southern
       California, 26 FCC Rcd 1107 (Enf. Bur. 2011).

    l. "Operating Procedures" means the standard, internal operating
       procedures and compliance policies established by KCETLink to
       implement the Compliance Plan.

    m. "Parties" means KCETLink and the Bureau, each of which is a "Party."

    n. "Public Inspection File Rules" means Section 73.3527 of the Rules and
       other Communications Laws governing the public inspection files of
       noncommercial educational stations.

    o. "Rules" means the Commission's regulations found in Title 47 of the
       Code of Federal Regulations.

    p. "Station" means Broadcast Station KCET, Los Angeles, California
       (Facility ID No. 13058).

   II. BACKGROUND

    2. In early August 2010, following press reports that KCETLink was
       considering ending the Station's carriage of Public Broadcasting
       Service (PBS) programming because of expense issues, the Station began
       receiving threats from anonymous individuals. In response, the Station
       put security measures in place, including restricting public access to
       the Station's main studio.^ On August 19 and 20, 2010, an agent from
       the Enforcement Bureau's Los Angeles District Office sought access to
       the Station during regular business hours to review the public
       inspection file. The agent initially did not identify himself as an
       FCC agent, and due to the security concerns, Station personnel refused
       to allow him into the Station without an appointment. When the agent
       ultimately identified himself as an FCC agent, however, Station
       personnel permitted him to enter, where he inspected the public
       inspection file and found that it complied with FCC rules.

    3. On February 8, 2011, the Enforcement Bureau's Los Angeles District
       Office issued an NAL to KCETLink for apparent willful and repeated
       violation of the Public Inspection File Rules for failing to make the
       Station KCET public inspection file available for inspection during
       regular business hours. KCETLink filed a response to the NAL on March
       8, 2011, stating it had delayed providing access to its public
       inspection file because the agent had not initially identified himself
       as an FCC agent and the Station recently had imposed heightened
       security at the main studio in response to threats. Subsequently,
       KCETLink and the Bureau entered into settlement discussions.

   III. TERMS OF AGREEMENT

    4. 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.

    5. Jurisdiction. KCETLink 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.

    6. 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.

    7. 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, KCETLink 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 KCETLink 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 KCETLink
       with respect to KCETLink's basic qualifications, including its
       character qualifications, to be a Commission licensee or to hold
       Commission licenses or authorizations.

    8.  Compliance Officer.  Within thirty (30) calendar days after the
       Effective Date, KCETLink 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 KCETLink 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 Public Inspection File Rules prior to
       assuming his/her duties.

    9. Compliance Plan.  For purposes of settling the matters set forth
       herein, KCETLink 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 and
       with the terms and conditions of this Consent Decree. With respect to
       the Public Inspection File Rules, KCETLink shall implement the
       following procedures:

   (a)      Operating Procedures on Public Inspection File Rules.  Within
   sixty (60) calendar days after the Effective Date, KCETLink shall
   establish Operating Procedures that all Covered Employees must follow to
   help ensure KCETLink's compliance with the Public Inspection File Rules.
   KCETLink's Operating Procedures shall include internal procedures and
   policies specifically designed to ensure that KCETLink complies with the
   requirements of the Public Inspection File Rules.  KCETLink also shall
   develop a Compliance Checklist that describes the steps that a Covered
   Employee must follow to ensure compliance with the Public Inspection File
   Rules.  At a minimum, the Compliance Checklist shall require Covered
   Employees to ensure that the Public Inspection File Rules are being
   followed.

   (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 Public Inspection File Rules and set forth the Operating
   Procedures that Covered Employees shall follow to help ensure KCETLink's
   compliance with the Public Inspection File Rules.  KCETLink shall
   periodically review and revise the Compliance Manual as necessary to
   ensure that the information set forth therein remains current and
   complete.  KCETLink shall distribute any revisions to the Compliance
   Manual promptly to all Covered Employees.

   (c)      Compliance Training Program.  KCETLink shall establish and
   implement a Compliance Training Program on compliance with the Public
   Inspection File Rules and the Operating Procedures.  As part of the
   Compliance Training Program, Covered Employees shall be advised of
   KCETLink's obligation to report any noncompliance with the Public
   Inspection File Rules under paragraph 10 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,  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.  KCETLink 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.

   10. Reporting Noncompliance.  KCETLink shall report any noncompliance with
       the Public Inspection File Rules and with 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
       KCETLink 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 KCETLink has taken or will take to prevent the
       recurrence of any such noncompliance.  All reports of noncompliance
       shall be submitted to the Federal Communications Commission,
       Enforcement Bureau, Western Region, Los Angeles Office, 18000
       Studebaker Rd., #660, Cerritos, California, 90703, with a copy
       submitted electronically to [1]WR-RESPONSE@fcc.gov.

   11. Compliance Reports.  KCETLink 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
   KCETLink efforts during the relevant period to comply with the terms and
   conditions of this Consent Decree and the Public Inspection File Rules.
   In addition, each Compliance Report shall include a certification by the
   Compliance Officer, as an agent of and on behalf of KCETLink, stating that
   the Compliance Officer has personal knowledge that KCETLink (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 10 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 Rules^ 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
   KCETLink, 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 KCETLink 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 KCETLink 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 Federal
   Communications Commission, Enforcement Bureau, Western Region, Los Angeles
   Office, 18000 Studebaker Rd., #660, Cerritos, California, 90703, with a
   copy submitted electronically to [2]WR-RESPONSE@fcc.gov.

   12. Termination Date.  Unless stated otherwise, the obligations set forth
       in paragraphs 8 through 11 of this Consent Decree shall expire
       twenty-four (24) months after the Effective Date.

   13. Complaints; Subsequent Investigations.  Nothing in this Consent Decree
       shall prevent the Commission or its delegated authority from
       adjudicating complaints against KCETLink 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
       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 KCETLink with the Communications Laws.

   14. Voluntary Contribution.  KCETLink agrees that it will make a voluntary
       contribution to the United States Treasury in the amount of six
       thousand dollars ($6,000) within thirty (30) calendar days after the
       Effective Date.  KCETLink shall also send electronic notification of
       payment to WR-RESPONSE@fcc.gov on the date said payment is made.
       The payment must be made by check or similar instrument, wire
       transfer, or credit card, and must include the NAL/Account number and
       FRN referenced above. Regardless of the form of payment, a completed
       FCC Form 159 (Remittance Advice) must be submitted.^ 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:

     * 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.

   If you have questions regarding payment procedures, please contact the
   Financial Operations Group Help Desk by phone, 1-877-480-3201, or by
   e-mail, ARINQUIRIES@fcc.gov.

   15. Waivers. KCETLink 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. KCETLink 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 KCETLink nor the Commission shall contest the
       validity of the Consent Decree or of the Adopting Order, and KCETLink
       shall waive any statutory right to a trial de novo. KCETLink hereby
       agrees to waive any claims it may have under the Equal Access to
       Justice Act, 5 U.S.C. S 504 and 47 C.F.R. S 1.1501 et seq., relating
       to the matters addressed in this Consent Decree.

   16. 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.

   17. 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 KCETLink does not expressly
       consent) that provision will be superseded by such Rule or Commission
       order.

   18. Successors and Assigns. KCETLink agrees that the provisions of this
       Consent Decree shall be binding on its successors, assigns, and
       transferees.

   19. Final Settlement. The Parties agree and acknowledge that this Consent
       Decree shall constitute a final settlement between the Parties with
       respect to the Investigation and the NAL. 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 requirements of the
       Communications Laws. The Parties agree that this Consent Decree is for
       settlement purposes only and that, by agreeing to this Consent Decree,
       KCETLink does not admit or deny noncompliance, violation, or liability
       for any violation of the Communications Laws in connection with the
       matters that are the subject of the Investigation, NAL, or this
       Consent Decree.

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

   21. 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.

   22. Authorized Representative. The individual signing this Consent Decree
       on behalf of KCETLink represents and warrants that he is authorized by
       KCETLink to execute this Consent Decree and to bind KCETLink to the
       obligations set forth herein. The FCC signatory represents that she is
       signing this Consent Decree in her official capacity and that she is
       authorized to execute this Consent Decree.

   23. 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.

   ________________________________ Rebecca L. Dorch Regional Director
   Western Region Enforcement Bureau ________________________________ Date
   ________________________________ Al Jerome President and Chief Executive
   Officer KCETLink ________________________________ Date




   ^ By letter dated January 4, 2013, counsel to KCETLink notified the
   Commission of the corporate name change of the licensee of Station KCET,
   Los Angeles, California, from Community Television of Southern California
   to KCETLink. See Letter from Maureen R. Jeffreys, Arnold & Porter LLP, to
   Marlene H. Dortch, Secretary, Federal Communications Commission (Jan. 4,
   2013). The name change did not involve a change in the ownership or
   control of the stations involved. Id.

   ^ 47 C.F.R. S 73.3527(c).

   ^ 47 U.S.C. SS 154(i), 154(j), 503(b).

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

   ^ 47 C.F.R. S 73.3527(c).

   ^ In response to the credible threats of violence against the Station,
   KCETLink also requested, and received, permission from the Commission's
   Media Bureau to refile its ownership reports omitting the individual
   addresses of KCETLink's board members. See, e.g. , File No. BOA -
   20100730AAE, accepted August 2, 2010, amendment accepted October 12, 2010.

   ^ 47 C.F.R. S 1.16.

   ^ An FCC Form 159 and detailed instructions for completing the form may be
   obtained at http://www.fcc.gov/Forms/Form159/159.pdf.

                  Federal Communications Commission  DA 13-556

   2

                  Federal Communications Commission DA 13-556

   Federal Communications Commission DA 13-556

   7

                  Federal Communications Commission DA 13-556

References

   Visible links
   1. mailto:WR-RESPONSE@fcc.gov
   2. mailto:WR-RESPONSE@fcc.gov