*Pages 1--9 from Microsoft Word - 39237* Federal Communications Commission DA 04- 1694 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of WILLIS BROADCASTING CORPORATION Licensee of Stations KDLA, DeRidder, LA, KVLA, Vidalia, LA, WBTE, Windsor, NC, WGRM, Greenwood, MS, WGRM- FM, Greenwood, MS, WHFD( FM), Lawrenceville, VA, WJNS- FM, Yazoo City, MS, WPCE, Portsmouth, VA, WSDT, Soddy- Daisy, TN, WTJH, East Point, GA, WURB( FM), Windsor, NC ALL- CHANNEL TV SERVICES, INC. Licensee of Station WBIL, Tuskegee, AL ARKANSAS RADIO CORP. Licensee of Station KLRG, North Little Rock, AR BIRMINGHAM CHRISTIAN RADIO, INC. Licensee of Stations WAYE, Birmingham, AL, WLPH, Talladega, AL, WNUZ, Talladega, AL, WRAG, Carrollton, AL CHARLOTTE CHRISTIAN RADIO, INC. Licensee of Station WGSP, Charlotte, NC CHRISTIAN BROADCASTING CORPORATION Licensee of Station WBOK, New Orleans, LA DURHAM CHRISTIAN RADIO, INC. Licensee of Stations WCRY, Fuquay- Varina, NC, WSRC, Durham, NC ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) File No. EB- 02- IH- 0873 Facility ID #s 9028 32180 172 68577 11889 72503 72816 72813 31863 72814 173 Facility ID # 1018 Facility ID # 2778 Facility ID #s 5354 726 54472 70262 Facility ID # 10631 Facility ID # 10917 Facility ID #s 52645 17761 1 Federal Communications Commission DA 04- 1694 2 EDENTON CHRISTIAN RADIO, INC. Licensee of Station WBXB( FM), Edenton, NC KINSTON CHRISTIAN RADIO, INC. Licensee of Stations WELS, Kinston, NC, WELS- FM, Kinston, NC METRO COMMUNICATIONS, INC. Licensee of Station WWCA, Gary, IN VIRGINIA URBAN RADIO, INC. Licensee of Station WGPL, Portsmouth, VA WILLIS & SONS, INC. Licensee of Station WSVE, Jacksonville, FL WINSTON- SALEM BROADCASTING CORPORATION Licensee of Station WCPK, Portsmouth, VA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Facility ID # 18649 Facility ID #s 20408 20409 Facility ID # 41332 Facility ID # 69560 Facility ID # 10519 Facility ID # 64003 ORDER Adopted: June 14, 2004 Released: June 16, 2004 By the Chief, Enforcement Bureau: 1. By this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and the above- captioned licensees, which is incorporated by reference herein. 2. We have reviewed the Consent Decree and evaluated the circumstances underlying the Bureau’s investigation. We believe that the public interest would be served by adopting the Consent Decree and terminating the investigatory proceeding, except as provided in the Consent Decree. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to sections 4( i) of the Communications Act of 1934, as amended, 1 and sections 0.111 and 0.311 of the Commission’s rules, 2 the Consent Decree attached hereto IS ADOPTED. 4. IT IS FURTHER ORDERED, that a copy of this Order and Consent Decree shall be sent by certified mail, return receipt requested to Levi E. Willis, Sr., President of the 1 47 U. S. C. §§ 154( i). 2 47 C. F. R. §§ 0.111, 0. 311. 2 Federal Communications Commission DA 04- 1694 3 captioned licensees, 645 Church Street, Suite 400, Norfolk, VA 23510, with copies to the licensees’ counsel, John C. Trent, Esq., Putbrese, Hunsaker & Trent, P. C., 100 Carpenter Drive, Suite 100, P. O. Box 217, Sterling, VA 20167- 0217, Lauren A. Colby, Esq., Post Office Box 113, Frederick, MD 21705- 0113, and Daniel A. Huber, Esq., 560 N Street, S. W., Suite 501, Washington, D. C. 20024. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 3 Federal Communications Commission DA 04- 1694 CONSENT DECREE I. Introduction 1. This Consent Decree is entered into by the Enforcement Bureau of the Federal Communications Commission and the following corporations, all of which are either wholly-owned or majority- controlled by Levi E. Willis, Sr., of Norfolk, Virginia: Willis Broadcasting Corporation; All- Channel TV Services, Inc.; Arkansas Radio Corp.; Birmingham Christian Radio, Inc.; Charlotte Christian Radio, Inc.; Christian Broadcasting Corporation; Durham Christian Radio, Inc.; Edenton Christian Radio, Inc.; Kinston Christian Radio, Inc.; Metro Communications, Inc.; Virginia Urban Radio, Inc.; Willis & Sons, Inc.; and Winston- Salem Broadcasting Corporation. The aforesaid corporations are the licensees of one or more radio broadcast stations, fully described in Table I, attached, which forms a part of this Consent Decree. II. Definitions 2. For the purposes of this Consent Decree, the following definitions shall apply: a) “Willis” or the “Willis Companies” refer, collectively, to the corporations owned or controlled by Levi E. Willis, Sr., as described in paragraph 1, supra, and in Table I; b) “Bureau” means the Enforcement Bureau of the Federal Communications Commission; c) “Parties” means the Bureau and the Willis Companies; d) “Willis Stations” means the radio broadcast stations licensed to the Willis Companies; e) “NAL” means a Notice of Apparent Liability for Forfeiture; f) “OSC” means an Order to Show Cause why the licenses of the Willis Stations or any of them should not be revoked, issued by the FCC pursuant to 47 U. S. C. § 312; g) “Act” means the Communications Act of 1934, as amended, 47 U. S. C. Sections 151 et seq.; h) “Order” means an order of the Bureau adopting this Consent Decree; i) “Media Bureau” means the Media Bureau of the Federal Communications Commission; j) “Commission” or “FCC” means the Federal Communications Commission; k) “Effective Date” means the date on which the Bureau releases the Order; and l) “Rules” means the Commission’s regulations set forth in Title 47 of the Code of Federal Regulations; 4 Federal Communications Commission DA 04- 1694 2 m) “HDO” means a Hearing Designation Order, issued by the FCC pursuant to 47 U. S. C. § 309. III. Background 3. Beginning in 1999, inspections of several Willis Stations by the Bureau’s field staff revealed various apparent violations of Commission rules related to technical operation and public safety, which led to the issuance of forfeitures against the stations’ respective licensees. Ultimately, litigation was instituted and a default judgment was entered against Willis Broadcasting Corp. for non- payment of the forfeitures. See United States v. Willis Broadcasting Corp., Civil Action No. 201CV342 (E. D. Va., June 22, 2001). Subsequently, additional judgments regarding similar unpaid forfeitures were obtained by the United States against Willis and against Christian Broadcasting Corporation, which is also controlled by Willis. The judgments against Willis, which totaled more than $85,000 as of January 2004, remain unpaid. Willis also owes federal taxes as well as regulatory fees due to the Commission for its stations pursuant to 47 C. F. R. § 1.1153. 4. On October 28, 2003, the Bureau, pursuant to 47 C. F. R. § 1.88, wrote a pre-designation letter to Willis. The Bureau’s letter advised that Bureau staff inspections of Willis Stations and subsequent events raised serious questions about Willis’s qualifications to remain a licensee. Specifically, not only had the inspections revealed numerous, ongoing violations of the Commission’s technical, safety and other rules, but also Willis had failed repeatedly to respond to official notices of violation or other correspondence from the Commission. The Bureau’s letter provided Willis an opportunity to explain why it should be allowed to remain a licensee. A second letter, also dated October 28, 2003, sent by the Bureau to Willis, directed Willis to answer specific questions supported by appropriate documents as well as declarations under penalty of perjury. 5. By letters dated and filed January 23, 2004, Willis responded to the Bureau’s letters. Among other things, Willis explained that the sole shareholder of the Willis Companies and its Chief Executive Officer, Levi E. Willis, Sr. (“ Bishop Willis”), had a serious illness during which time he had not been properly able to attend to matters of concern to the Bureau. In addition, Bishop Willis declared that, since receipt of the Bureau’s letters, he had made vigorous efforts to correct the violations. Information submitted with the Willis responses indicated that the violations cited in the Bureau’s letters either had been corrected or that the licenses of the pertinent stations had been surrendered for cancellation. Subsequently, however, Bureau inspections or re- inspections of a number of the Willis Stations indicated that they were still in violation of the Rules and/ or the terms of their licenses, albeit for violations other than those originally cited in the Bureau’s October 28, 2003, letters. 6. Willis has pending two applications to assign the licenses for stations WWCA, Gary, Indiana (Facility ID #41332) (File No. BAL- 20020730ABJ) and WJNS- FM, Yazoo City, Mississippi (Facility ID #72816) (File No. BALH- 20030423AAS) (collectively, the “Assignment Applications”). Willis has proposed to apply the proceeds from the sale of those stations to satisfy the judgments noted above as well as any other unpaid forfeitures, regulatory fees and taxes. IV. Agreement 7. Willis agrees that the Bureau has jurisdiction over the matters contained in this Consent Decree and the authority to enter into and adopt this Consent Decree. 5 Federal Communications Commission DA 04- 1694 3 8. The Bureau and Willis agree that this Consent Decree does not constitute an adjudication on the merits or any finding on the facts or the law regarding any violations of the Act or the Rules committed by Willis, other than those matters that are the subject of judgments which have already been entered by United States federal district courts. 9. In express reliance upon the representations contained herein, the Bureau agrees to terminate its investigation into the matters discussed in paragraphs 3- 5, above, except as hereafter specified. 10. Upon release of the Order, Willis will, within five (5) days, surrender for cancellation the licenses for the following four stations: KLRG, North Little Rock, Arkansas (ID #2778); KVLA, Vidalia, Louisiana (ID #32180); WCRY, Fuquay- Varina, North Carolina (ID #52645); and WSVE, Jacksonville, Florida (ID #10519). 11. As soon as possible after execution of the Consent Decree, it is anticipated that the Media Bureau will, if necessary for assignment purposes, grant Willis’s pending license renewal applications for Stations WWCA, Gary, Indiana (ID #41332) and WJNS- FM, Yazoo City, Mississippi (ID #72816) and condition those renewals on the consummation of the assignment of the stations from Willis as contemplated in the Assignment Applications. Immediately thereafter, it is further anticipated that the Media Bureau will grant the Assignment Applications, conditioned upon consummation of such assignment within ten (10) days of their grant. If these assignments are not so consummated within the stipulated ten (10) day period, the renewal and assignment grants for Stations WWCA and WJNS- FM will be set aside and voided and, within five (5) days of such action by the Commission, Willis will simultaneously surrender for cancellation the licenses for those stations as well as the licenses for the following stations: KDLA, DeRidder, Louisiana (ID #9028); WGRM- FM, Greenwood, Mississippi (ID #11889); WBOK, New Orleans, Louisiana (ID #10917); WGPL, Portsmouth, Virginia (ID #69560); WNUZ, Talladega, Alabama (ID #54472); and WTJH, East Point, Georgia (ID #72814). 12. At the closing for the sales of Stations WWCA and WJNS- FM, all proceeds from the sales will be placed in escrow (“ the Escrowed Funds”) with Willis’s attorneys, John C. Trent, Lauren A. Colby, and Daniel A. Huber (“ the Escrow Agents”). The Escrowed Funds will be applied first to the payment in full of federal taxes, judgments obtained by the United States against Willis, FCC regulatory fees, and any other outstanding forfeitures leveled by the FCC against the Willis Companies, with such payment to be made by the Escrow Agents within ten (10) days of consummation of the assignment of the stations. The remainder of the Escrowed Funds will be applied to repairing the Willis Stations to bring them into compliance with the Rules and the terms and conditions of their licenses. No part of the Escrowed Funds will be used for any other purpose until Willis has certified to the Commission that its remaining stations are in compliance as described, infra. If the proceeds are not used in this manner, this Consent Decree (except for the remainder of this sentence) shall become void and, within five (5) days of the Commission’s notice to Willis of such a state of affairs, Willis shall surrender for cancellation the licenses for Stations KDLA, DeRidder, Louisiana (ID #9028); WGRM- FM, Greenwood, Mississippi (ID #11889); WBOK, New Orleans, Louisiana (ID #10917); WGPL, Portsmouth, Virginia (ID #69560); WNUZ, Talladega, Alabama (ID #54472); and WTJH, East Point, Georgia (ID #72814). 13. Within sixty (60) days of the consummation of the assignments of the licenses for Stations WWCA and WJNS- FM as contemplated in the Assignment Applications, Willis will inspect Stations KDLA, DeRidder, Louisiana (ID #9028); WGRM- FM, Greenwood, Mississippi 6 Federal Communications Commission DA 04- 1694 4 (ID #11889); WBOK, New Orleans, Louisiana (ID #10917); WGPL, Portsmouth, Virginia (ID #69560); WNUZ, Talladega, Alabama (ID #54472); and WTJH, East Point, Georgia (ID #72814) and certify that each station is in compliance with all Rules and all terms and conditions of its license. The FCC’s Broadcast Self- Inspection Checklists shall be used as a guide when conducting each inspection. (http:// www. fcc. gov/ eb/ bc- chklsts/). For each station that Willis either fails or is unable to certify as being in compliance, Willis shall surrender for cancellation the license for that station at the time that such certification is due. 14. Within ninety (90) days of consummation of the assignment of the licenses for Stations WWCA and WJNS- FM as contemplated in the Assignment Applications, Willis will certify that all remaining stations under its control are in compliance with the Rules. The FCC’s Broadcast Self- Inspection Checklists (http:// www. fcc. gov/ eb/ bc- chklsts/) shall be used as a guide when conducting each inspection and review. Failure or inability to so certify will result in issuance of an NAL or HDO at the discretion of the FCC. 15. Renewal applications for all Willis Stations which have not yet been granted, except those for Stations WWCA and WJNS- FM which are discussed in paragraph 11, above, shall remain pending until FCC field staff has verified the validity of the certifications. Such verifications are to be undertaken as promptly as possible following the FCC’s receipt of the certifications by Willis. 16. Every six (6) months thereafter for the remainder of the respective license term of each Willis Station, Willis will certify that the station is in compliance with the Rules. The FCC’s Broadcast Self- Inspection Checklists (http:// www. fcc. gov/ eb/ bc- chklsts/) shall be used as a guide when conducting each inspection and review. The failure by Willis to so certify will result in the Bureau’s issuance of an NAL, OSC or similar document at its discretion. 17. All certifications referenced in paragraphs 13- 16, above, shall be delivered to the Bureau within fourteen (14) days of the applicable execution deadline. 18. Willis agrees that any violation by it of the Consent Decree shall constitute a separate violation of a Commission order and subject Willis to appropriate administrative sanctions. 19. Willis 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 Order adopts the Consent Decree without change, addition or modification. 20. Willis agrees to waive any claims it may otherwise have under the Equal Access to Justice Act, 5 U. S. C. Section 504 and 47 C. F. R. Section 1.1501 et seq., relating to the matters discussed in this Consent Decree. 21. Willis and the Bureau agree that the effectiveness of this Consent Decree is expressly contingent upon issuance of the Order, provided the Order adopts the Consent Decree without change, addition or modification. 22. Willis and the Bureau agree that if Willis, the Commission or the United States on behalf of the Commission, brings a judicial action to enforce the terms of the Order adopting this Consent Decree, neither Willis nor the Commission shall contest the validity of the Consent Decree or Order, and Willis and the Commission shall waive any statutory right to a trial de novo 7 Federal Communications Commission DA 04- 1694 5 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 shall consent to a judgment incorporating the terms of this Consent Decree. 23. Willis and the Bureau agree that, in the event that this Consent Decree 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. This Consent Decree may be signed in counterparts and/ or by telecopy and, when so executed, the counterparts, taken together, shall constitute a legally binding and enforceable instrument whether executed by telecopy or by original signatures. WILLIS BROADCASTING CORPORATION ALL- CHANNEL TV SERVICES, INC. ARKANSAS RADIO CORP. BIRMINGHAM CHRISTIAN RADIO, INC. CHARLOTTE CHRISTIAN RADIO, INC. CHRISTIAN BROADCASTING CORPORATION DURHAM CHRISTIAN RADIO, INC. EDENTON CHRISTIAN RADIO, INC. KINSTON CHRISTIAN RADIO, INC. METRO COMMUNICATIONS, INC. VIRGINIA URBAN RADIO, INC. WILLIS & SONS, INC. WINSTON- SALEM BROADCASTING CORPORATION WITNESS: By: ___________________________ Levi E. Willis, Sr., President __________________________ Date: ___________________________ ENFORCEMENT BUREAU FEDERAL COMMUNICATIONS COMMISSION By: _____________________________ David H. Solomon, Chief Date: ____________________________ 8 Federal Communications Commission DA 04- 1694 6 Call Sign Service Location Facility ID No. Licensee Name KLRG AM North Little Rock, Arkansas 2778 Arkansas Radio Corporation KVLA AM Vidalia, Louisiana 32180 Willis Broadcasting Corporation WCRY AM Fuquay- Varina, North Carolina 52645 Durham Christian Radio, Inc. WSVE AM Jacksonville, Florida 10519 Willis & Sons, Inc. WWCA AM Gary, Indiana 41332 Metro Communications, Inc. WJNS-FM FM Yazoo City, Mississippi 72816 Willis Broadcasting Corporation KDLA AM De Ridder, Louisiana 9028 Willis Broadcasting Corporation WGRM AM Greenwood, Mississippi 68577 Willis Broadcasting Corporation WGRM-FM FM Greenwood, Mississippi 11889 Willis Broadcasting Corporation WBOK AM New Orleans, Louisiana 10917 Christian Broadcasting Corporation WGPL AM Portsmouth, Virginia 69560 Virginia Urban Radio, Inc. WNUZ AM Talladega, Alabama 54472 Birmingham Christian Radio, Inc. WTJH AM East Point, Georgia 72814 Willis Broadcasting Corporation WBTE AM Windsor, North Carolina 172 Willis Broadcasting Corporation WPCE AM Portsmouth, Virginia 72813 Willis Broadcasting Corporation WSDT AM Soddy- Daisy, Tennessee 31863 Willis Broadcasting Corporation WURB FM Windsor, North Carolina 173 Willis Broadcasting Corporation WHFD FM Lawrenceville, Virginia 72503 Willis Broadcasting Corporation WAYE AM Birmingham, Alabama 5354 Birmingham Christian Radio, Inc. WLPH AM Irondale, Alabama 726 Birmingham Christian Radio, Inc. WRAG AM Carrollton, Alabama 70262 Birmingham Christian Radio WBIL AM Tuskegee, Alabama 1018 All Channel TV Services, Inc. WBXB FM Edenton, North Carolina 18649 Edenton Christian Radio, Inc. WSRC AM Durham, North Carolina 17761 Durham Christian Radio, Inc. WELS AM Kinston, North Carolina 20408 Kinston Christian Radio, Inc. WELS FM Kinston, North Carolina 20409 Kinston Christian Radio, Inc. WGSP AM Charlotte, North Carolina 10631 Charlotte Christian Radio, Inc. WCPK AM Chesapeake, Virginia 64003 Winston- Salem Radio Corporation 9