*Pages 1--7 from Microsoft Word - 55153.doc* Federal Communications Commission DA 06- 358 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of NBC Telemundo License Co. Licensee of WRC- TV Washington D. C. ) ) ) ) ) ) File No. EB- 04- TC- 101 Facility No. 47904 NAL/ Acct. No. 200532170010 FRN: 0009825456 ORDER Adopted: February 21, 2006 Released: February 22, 2006 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and NBC Telemundo License Co. (“ NBC”). The Consent Decree terminates an investigation initiated by the Enforcement Bureau regarding whether NBC violated section 713 of the Communications Act of 1934, as amended (the “Act”), 1 and section 79.2( b)( 1)( i) of the Commission’s rules 2 by failing to make accessible to persons with hearing disabilities emergency information that it provided aurally in its programming for WRC- TV during a thunderstorm/ tornado watch in Washington, D. C. Metropolitan area on May 25, 2004. 2. The Enforcement Bureau and NBC have negotiated the terms of a Consent Decree that would 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 NBC 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, 3 and the authority delegated by sections 0.111 and 0.311 of the Commission’s rules, 4 that the attached Consent Decree IS ADOPTED. 1 47 U. S. C. § 613. 2 47 C. F. R. § 79. 2( b)( 1)( i). 3 47 U. S. C. § 154( i). 4 47 C. R. R. §§ 0.111, 0. 311. 1 Federal Communications Commission DA 06- 358 2 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 F. William LeBeau, Assistant Secretary and Regulatory Counsel, NBC Telemundo License Co., 1299 Pennsylvania Avenue, .N. W., Washington, D. C. 2004. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau 2 Federal Communications Commission DA 06- 358 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of NBC Telemundo License Co. Licensee of WRC- TV Washington, D. C. ) ) ) ) ) ) ) ) ) File No. EB- 04- TC- 101 Facility ID No. 47904 NAL/ Acct. No. 200532170010 FRN: 0009825456 CONSENT DECREE I. INTRODUCTION 1. The Enforcement Bureau (“ Bureau”) of the Federal Communications Commission (the “FCC” or “Commission”) and NBC Telemundo License Co. (“ NBC”), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau’s investigation (the “Investigation”) regarding whether NBC 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, 1 as it relates to the duty to make accessible to persons with hearing disabilities emergency information that it provided aurally in its programming for WRC- TV during a thunderstorm/ tornado watch in the Washington, D. C. Metropolitan area on May 25, 2004. II. BACKGROUND 2. On May 25, 2004, there was a severe thunderstorm/ tornado watch in the Washington, D. C. Metropolitan area. The Commission received a consumer complaint against WRC- TV alleging that the station failed to make information on the thunderstorm/ tornado watch accessible to persons with hearing disabilities. The complaint alleged that this failure resulted in confusion regarding the severity and location of the emergency including what viewers should do to remain safe. The Bureau subsequently launched an investigation into NBC’s broadcasts carried on WRC- TV on that date. After investigation, the Bureau issued a Notice of Apparent Liability (“ NAL”) finding that NBC committed two apparent violations of section 713 of the Act and the Commission’s emergency visual access rules. 2 The NAL proposed a forfeiture of $16,000. 1 47 U. S. C. § 713; 47 C. F. R. § 79. 2( b)( i). 2 47 C. F. R. § 79. 2( b)( i). 3 Federal Communications Commission DA 06- 358 2 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) “Complaint” means the Complaint filed by Cheryl Heppner, Executive Director, Northern Virginia Resource Center for Deaf and Hard of Hearing Persons on May 28, 2004. (d) “Effective Date” means the date on which the Bureau releases the Adopting Order; (e) The “FCC” or the “Commission” means the Federal Communications Commission; (f) “Investigation” means the investigation of the Station and the allegations contained in the Complaint which resulted in the issuance of a Notice of Apparent Liability, NBC Telemundo License Co., DA 05- 1512 (EB, rel. May 25, 2005). (g) “NBC” or the “Company” means NBC Telemundo License Co., 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 NBC 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 “WRC” means NBC’s owned station assigned to Washington, D. C. IV. AGREEMENT 4. NBC 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, NBC 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 4 Federal Communications Commission DA 06- 358 3 or a factual or legal finding regarding any compliance or noncompliance by NBC 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, NBC does not admit or deny any non- compliance or violation of the Act or 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 shall not on its own motion or in response to third- party objection, initiate any inquiries, investigations, forfeiture proceedings, hearings, or other sanctions or actions against NBC or the Station based in whole or in part on the Investigation or on any complaints alleging violations of section 79.2 relating to the coverage NBC provided of the thunderstorm/ tornado watch on May 25, 2004. The Bureau agrees that, in the absence of new material evidence, it will not initiate or recommend to the Commission any new proceeding, formal or informal, regarding the matters that were the subject of the Investigation. The Bureau further agrees that, in the 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 NBC 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 Compliance Plan, which will be overseen by the Station's News Director: (a) The Station either will commence captioning or contact its captioning service promptly before or contemporaneously with any broadcast coverage of a pending or imminent emergency that endangers the Station's principal coverage area and will make its best reasonable efforts to ensure that coverage of the emergency is captioned as soon as possible; (b) The Station will maintain visible postings on television sets in the Station's newsroom that remind employees to contact the Station's captioning service during emergency events and include the phone number for that service; (c) The Station will maintain a labeled speed- dial button on telephones in the Station's newsroom with a direct connection to the Station's captioning service; (d) As circumstances warrant, the Station will provide special weather text graphics to hearing impaired viewers with shelter- at- home tips during coverage of tornado, severe thunderstorm, flash flooding or other weather emergencies; (e) The Station will adopt an emergency visual presentation policy requiring that all emergency information broadcast outside a regularly scheduled WRC newscast be accompanied by captioning if emergency information is conveyed via the Station’s audio. When circumstances warrant, such information will also include a clear text graphic or text crawl (e. g., weather- related emergencies, security evacuation details). 5 Federal Communications Commission DA 06- 358 4 Emergency information will include any information relating to an imminent or ongoing emergency affecting the Washington, D. C. television market and that is intended to protect life, health, or property; (f) The Station will distribute, at least every six months, the Station's emergency visual presentation policy to all employees; and (g) The Station will incorporate the Station's emergency visual presentation policy into the Station's annual news employee training session. 11. In consideration for the termination of the Investigation, and in accordance with the terms of this Consent Decree, NBC will make a voluntary contribution to the United States Treasury without further protest or recourse to a trial de novo in the amount of twelve thousand dollars ($ 12, 000) within 30 calendar days after the Effective Date. NBC 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 73482, Chicago, Illinois, 60673- 7482. Payment by overnight mail may be sent to Bank One/ LB 73482, 525 West Monroe, 8 th Floor Mailroom, Chicago, Illinois 60661. Payment by wire transfer may be made to ABA Number 071000013, receiving bank Bank One, and account number 1165259. 12. NBC’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. NBC 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 NBC nor the FCC shall contest the continuing validity of the Consent Decree or Order. NBC 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 NBC does not consent), that provision will be superceded by such Commission rule or order. 17. By this Consent Decree, NBC 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. 6 Federal Communications Commission DA 06- 358 5 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 NBC Telemundo License Co. By: ______________________________ By: ______________________________ Kris Anne Monteith Chief ______________________________ ______________________________ Date Date 7