Federal Communications Commission DA 07-507 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Fort Myers Broadcasting Company.
Licensee of WINK-TV
Fort Myers, Florida
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File No. EB-04-TC-149 
NAL/Acct. No.  200732170044
FRN: 0004078098
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”),1 and section 79.2(b)(1)(i) of the Commission’s 
rules2 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,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.F.R. §§ 0.111, 0.311. 
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 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
Federal Communications Commission DA 07-507 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Fort Myers Broadcasting Company
Licensee of WINK-TV
Fort Myers, Florida
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File No. EB-04-TC-149
NAL/Acct. No: 20073217 0044
FRN: 0004078098
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”),1 and section 79.2(b)(1)(i) of the Commission’s rules,2 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;
  
1 47 U.S.C. § 613.
2 47 C.F.R. § 79.2(b)(1)(i).
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(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 
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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 
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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 
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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