Federal Communications Commission         DA 13-2041
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
U.S. Satellite Corporation 
)
)
)
)
)
File No.:  EB-IHD-13-00010711
1
Acct. No.:  201432080012
     FRN:  0003747821
ORDER
Adopted:  November 12, 2013                     Released:  November 13, 2013 
By the Chief, Enforcement Bureau:
1. In this Order, we adopt a Consent Decree entered into between the Enforcement Bureau 
(Bureau) of the Federal Communications Commission (Commission) and U.S. Satellite Corporation (U.S. 
Satellite).  The Consent Decree resolves and terminates an investigation by the Bureau into whether U.S. 
Satellite violated sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission’s 
rules.
2
  These rules address various regulatory fee and reporting obligations as well as required 
contributions to the Universal Service Fund, the Telecommunications Relay Service Fund, and North 
American Numbering Plan and Local Number Portability administration.
2. A copy of the Consent Decree negotiated by the Bureau and U.S. Satellite is attached 
hereto and incorporated herein by reference.
3. After evaluating the facts before us and 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.
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 U.S. Satellite possesses the 
basic qualifications, including those related to character, to hold or obtain any Commission license or 
authority.
5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the 
Act
3
and Sections 0.111 and 0.311 of the Commission’s rules,
4
the Consent Decree attached to this Order 
IS ADOPTED.
                                                
1
This investigation, initiated under File No. EB-10-IH-4132, was subsequently assigned File No. 
EB-IHD-13-00010711.  
2
47 C.F.R. §§ 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, 64.1195.
3
47 U.S.C. §§ 154(i), 154(j), 503(b).
4
47 C.F.R. §§ 0.111, 0.311.
Federal Communications Commission         DA 13-2041
2
6. IT IS FURTHER ORDERED that the above-captioned investigation 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 George M. Foote, Counsel for U.S. 
Satellite Corporation, Dorsey & Whitney LLP, 1801 K Street, NW, Suite 750, Washington, DC 20006.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
Federal Communications Commission         DA 13-2041
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
U.S. Satellite Corporation
)
)
)
)
)
File No.:  EB-IHD-13-00010711
1
Acct. No.:  201432080012  
FRN:  0003747821
CONSENT DECREE
The Enforcement Bureau of the Federal Communications Commission and U.S. Satellite 1.
Communications Corporation, by their authorized representatives, hereby enter into this Consent Decree for 
the purpose of terminating the Enforcement Bureau’s investigation into whether U.S. Satellite violated 
sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission’s rules.
2
  These rules 
address various regulatory fee and reporting obligations as well as required contributions to the Universal 
Service Fund, the Telecommunications Relay Service Fund, and North American Numbering Plan and 
Local Number Portability administration.
I. DEFINITIONS
For the purposes of this Consent Decree, the following definitions shall apply:2.
(a) “Act” means the Communications Act of 1934, as amended, 47 U.S.C. § 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 U.S. Satellite is subject 
by virtue of its business activities, including but not limited to the Federal Regulatory 
Reporting and Contribution Rules.
(f) “Compliance Plan” means the plan described in this Consent Decree at paragraph 13.
                                                
1
This investigation, initiated under File No. EB-10-IH-4132, was subsequently assigned File No. 
EB-IHD-13-00010711.  
2
47 C.F.R. §§ 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, 64.1195.
Federal Communications Commission         DA 13-2041
2
(g) “Covered Employees” means all employees and agents of U.S. Satellite who perform, 
or supervise, oversee, or manage the performance of duties that relate to U.S. 
Satellite’s responsibilities under the Federal Regulatory Reporting and Contribution 
Rules.
(h) “Effective Date” means the date on which the Commission releases the Adopting 
Order.
(i) “Federal Regulatory Reporting and Contribution Rules” means Sections 9, 251, and 
254 of the Act,
3
Sections 1.1154, 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 
64.1195 of the Rules,
4
and other provisions of the Act, the Rules, and Commission 
orders governing federal regulatory reporting and contribution obligations.
(j) “Investigation” means the investigation commenced by the Bureau in File No. 
EB-10-IH-4132 (which was subsequently assigned File No. EB-IHD-13-1000010711) 
regarding possible violations of the Federal Regulatory Reporting and Contribution 
Rules.
(k) “LNP” means Local Number Portability.
(l) “NANP” means the North American Numbering Plan.
(m) “Operating Procedures” means the standard, internal operating procedures and 
compliance policies established by U.S. Satellite to implement the Compliance Plan.
(n) “Parties” means U.S. Satellite and the Bureau, each of which is a “Party.”
(o) “Rules” means the Commission’s regulations found in Title 47 of the Code of Federal 
Regulations.
(p) “Telecommunications” or “Telecommunications Service” have the meanings set forth 
in Sections 3(50) and 3(53) of the Act, 47 U.S.C. §§ 153(50), 153(53).
(q) “TRS Fund” means the Telecommunications Relay Services Fund.
(r) “USF” means the Universal Service Fund.  
(s) “U.S. Satellite” or the “Company” means U.S. Satellite Corporation and its 
predecessors-in-interest and successors-in-interest.
II. BACKGROUND
Pursuant to Section 254(d) of the Act and Sections 54.706 and 54.711 of the Rules, 3.
telecommunications service providers that provide interstate telecommunications services are required to 
file annual and quarterly Telecommunications Reporting Worksheets (FCC Form 499-A and FCC Form 
499-Q) and contribute to the federal USF.
5
  Pursuant to Section 64.1195 of the Rules, interstate 
                                                
3
47 U.S.C. §§ 159, 251, 254.
4
47 C.F.R. §§ 1.1154, 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, 64.1195.
5
See 47 U.S.C. § 254(d); 47 C.F.R. §§ 54.706, 54.711.
Federal Communications Commission         DA 13-2041
3
telecommunications carriers are required to file registration information on FCC Form 499-A.
6
  Pursuant to 
Section 225(b)(1) of the Act and Section 64.604 of the Rules, providers of interstate telecommunications 
services are required to contribute to the TRS Fund.
7
Pursuant to Section 251(e) of the Act and Sections 
52.17 and 52.32 of the Rules, telecommunications service providers are required to contribute to the costs 
of establishing numbering administration and local number portability.
8
  Pursuant to Section 9(a)(1) of the 
Act and Sections 1.1154 and 1.1157 of the Rules, interstate telecommunications carriers are required to pay 
regulatory fees.
9
U.S. Satellite is incorporated in Utah.
10
  In 1980, U.S. Satellite began operating a domestic 4.
satellite transmit/receive earth station and providing satellite communications services, primarily for the 
distribution of customers’ video and audio programming.
11
  Following its acquisition by SUPERVALU 
INC. (Supervalu), U.S. Satellite began to receive the overwhelming majority of its revenues from the 
provision of interstate telecommunications services from its parent company.
12
On October 10, 2010, U.S. Satellite submitted a letter to the Bureau self-disclosing that it 5.
“unintentionally and potentially upon incorrect advice from prior counsel, failed to file the required FCC
Form 499 in order to report possible eligible revenues for [USF] and other federal regulatory support 
mechanisms.”
13
  Upon discovering this mistake, U.S. Satellite registered with and began making filings to 
the Universal Service Administrative Corporation (USAC).
14
On April 19, 2011, the Bureau sent a Letter of Inquiry (LOI) to U.S. Satellite regarding its 6.
compliance with its federal regulatory reporting and contribution obligations.
15
On May 19, 2011, U.S. 
Satellite filed its response to the LOI.
16
  U.S. Satellite supplemented that response on January 31, 2013,
17
and February 26, 2013.
18
  Thereafter, the Parties entered into settlement negotiations.  
                                                
6
See 47 C.F.R. § 64.1195.
7
See 47 U.S.C. § 225(b)(1); 47 C.F.R. § 64.604.
8
See 47 U.S.C. § 251(e); 47 C.F.R. §§ 52.17, 52.32.
9
See 47 U.S.C. § 159(a)(1); 47 C.F.R. §§ 1.1154, 1.1157.
10
See Letter from Karly Baraga Werner, Dorsey & Whitney, LLP, Attorney for U.S. Satellite, to Marlene H. Dortch, 
Secretary, FCC, 1 (filed May 19, 2011) (on file in EB-IHD-13-00010711) (LOI Response).
11
Id.
12
See Letter from Stefan M. Lopatkiewizc, Dorsey &Whitney, LLP, Attorney for U.S. Satellite, to Hillary S. 
DeNigro Chief, Investigations and Hearings Division, FCC Enforcement Bureau (Oct. 8, 2010) (on file in EB-IHD-
13-00010711) (Self-Disclosure Letter).
13
Id. at 1.
14
Id. On September 30, 2010, U.S. Satellite filed its FCC Form 499-A for 2010 and its FCC Form 499-Qs for the 
first three quarters of 2010 with USAC.  We note that on March 17, 2011, U.S. Satellite filed a petition with the 
FCC requesting a declaratory ruling that U.S. Satellite’s revenues from providing service to Supervalu should be 
excluded from the revenue base used to calculate U.S. Satellite’s USF contribution obligations.  See Federal-State 
Joint Board on Universal Service; Petition  of U.S. Satellite for Declaratory Ruling, WC Docket No. 96-45, filed by 
U.S. Satellite Corporation (filed Mar. 17, 2011) (U.S. Satellite Petition). That petition remains pending.
15
See Letter from Pamela S. Kane, Deputy Div. Chief, Investigations and Hearings Division, FCC Enforcement 
Bureau, to Max Worthington, Vice President, U.S. Satellite Corporation (Apr. 19, 2011) (on file in EB-IHD-13-
00010711) (LOI).
16
See LOI Response.
Federal Communications Commission         DA 13-2041
4
As of the Effective Date, U.S. Satellite has paid all invoiced amounts for the USF, TRS 7.
Fund, cost recovery mechanisms for NANP and LNP administration, and regulatory fees and has complied 
with the regulatory reporting obligations discussed above.
III. TERMS OF AGREEMENT
Adopting Order. The Parties agree that the provisions of this Consent Decree shall be8.
subject to final approval by the Bureau by incorporation of such provisions by reference in the Adopting 
Order.
Jurisdiction.  U.S. Satellite agrees that the Bureau has jurisdiction over it and the matters 9.
contained in this Consent Decree and that the Bureau has the authority to enter into and adopt this Consent 
Decree.
Effective Date; Violations.  The Parties agree that this Consent Decree shall become 10.
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.  
Termination of Investigation.  In express reliance on the covenants and representations in 11.
this Consent Decree and to avoid further expenditure of public resources, the Bureau agrees to terminate the 
Investigation.  In consideration for the termination of said Investigation, U.S. Satellite 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 U.S. Satellite 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 this 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 
U.S. Satellite with respect to U.S. Satellite’s basic qualifications, including its character qualifications, to be 
a Commission licensee or hold Commission authorizations.  
Compliance Officer.  Within thirty (30) calendar days after the Effective Date, U.S. 12.
Satellite shall designate a senior corporate manager with the requisite corporate and organizational authority 
to serve as a 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 U.S. Satellite 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 Federal Regulatory Reporting and Contribution Rules prior to assuming his/her duties.
                                                                                                                                                            
17
See Letter from George M. Foote, Dorsey & Whitney, LLP, Attorney for U.S. Satellite, to Pam Slipakoff, 
Attorney Advisor, Investigations and Hearings Division, FCC Enforcement Bureau (filed Jan. 31, 2013) (on file in 
EB-IHD-13-00010711).
18
See Letter from George M. Foote, Dorsey & Whitney, LLP, Attorney for U.S. Satellite, to Pam Slipakoff, 
Attorney Advisor, Investigations and Hearings Division, FCC Enforcement Bureau (filed Feb. 26, 2013) (on file in 
EB-IHD-13-00010711).
Federal Communications Commission         DA 13-2041
5
Compliance Plan.  For purposes of settling the matters set forth herein, U.S. Satellite 13.
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, including the 
Federal Regulatory Reporting and Contribution Rules, and with the terms and conditions of this Consent 
Decree.  With respect to the Federal Regulatory Reporting and Contribution Rules, the Compliance Plan 
shall implement the following procedures:
(a) Operating Procedures.  Within sixty (60) calendar days after the Effective Date, U.S. 
Satellite shall establish Operating Procedures that all Covered Employees shall follow to 
help ensure U.S. Satellite’s compliance with the Federal Regulatory Reporting and 
Contribution Rules.  U.S. Satellite’s Operating Procedures shall include internal procedures 
and policies specifically designed to ensure that U.S. Satellite complies with the Federal 
Regulatory Reporting and Contribution Rules.  U.S. Satellite shall also develop a 
Compliance Checklist that describes the steps that a Covered Employee must follow to 
ensure compliance with the Federal Regulatory Reporting and Contribution Rules.
(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 Federal Regulatory Reporting and 
Contribution Rules and set forth the Operating Procedures that Covered Employees shall 
follow to help ensure U.S. Satellite’s compliance with the Federal Regulatory Reporting 
and Contribution Rules.  U.S. Satellite shall periodically review and revise the Compliance 
Manual as necessary to ensure that the information set forth therein remains current and 
accurate.  U.S. Satellite shall distribute any revisions to the Compliance Manual promptly 
to Covered Employees.  
(c) Compliance Training Program.  U.S. Satellite shall establish and implement a 
Compliance Training Program on compliance with the Federal Regulatory Reporting and 
Contribution Rules and the Operating Procedures.  As part of the Compliance Training 
Program, Covered Employees shall be advised of U.S. Satellite’s obligation to report any 
noncompliance with the Federal Regulatory Reporting and Contribution Rules under 
paragraph 14 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. Any person who becomes a Covered Employee at any time after the Initial 
Training Program shall be trained within thirty (30) calendar days after the date such 
person becomes a Covered Employee.  U.S. Satellite 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.
Reporting Noncompliance.  U.S. Satellite shall report any noncompliance with the 14.
Federal Regulatory Reporting and Contribution Rules and 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 U.S. Satellite 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 U.S. Satellite has taken or will take to prevent the recurrence of any such noncompliance.  
All reports of noncompliance shall be submitted to the Chief, Investigations and Hearings Division, 
Enforcement Bureau, Federal Communications Commission, Room 4-C330, 445 12th Street, SW, 
Washington, DC 20554, with a copy submitted electronically to Theresa Z. Cavanaugh at 
Federal Communications Commission         DA 13-2041
6
Terry.Cavanaugh@fcc.gov, William A. Kehoe at William.Kehoe@fcc.gov, and Pam Slipakoff at 
Pam.Slipakoff@fcc.gov.  The reporting obligations set forth in this paragraph shall expire twenty-four (24)
months after the Effective Date. 
Compliance Reports.  U.S. Satellite shall file Compliance Reports with the Commission 15.
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 U.S. Satellite’s efforts 
during the relevant period to comply with the terms and conditions of this Consent Decree
and the Federal Regulatory Reporting and Contribution Rules.  In addition, each 
Compliance Report shall include a certification by the Compliance Officer, as an agent of 
and on behalf of U.S. Satellite, stating that the Compliance Officer has personal knowledge 
that U.S. Satellite (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 14 of this 
Consent Decree.
(b) The Compliance Officer’s certification shall be accompanied by a statement explaining the 
basis for such certification and shall comply with Section 1.16 of the Rules
19
and be 
subscribed to as true under penalty of perjury in substantially the form set forth in Section 
1.16. 
(c) If the Compliance Officer cannot provide the requisite certification, the Compliance 
Officer, as an agent of and on behalf of U.S. Satellite, 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 U.S. Satellite 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 U.S. Satellite 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 Chief, Investigations & Hearings 
Division, Enforcement Bureau, Federal Communications Commission, Room 4-C330, 445 
12th Street, SW, Washington, DC 20554, with a copy submitted electronically to Theresa 
Z. Cavanaugh at Terry.Cavanaugh@fcc.gov, William A. Kehoe at 
William.Kehoe@fcc.gov, and Pam Slipakoff at Pam.Slipakoff@fcc.gov.
Termination Date.  Unless stated otherwise, the requirements set forth in paragraphs 12 16.
through 15 of this Consent Decree shall expire twenty-four (24) months after the Effective Date.
Section 208 Complaints; Subsequent Investigations.  Nothing in this Consent Decree 17.
shall prevent the Commission or its delegated authority from adjudicating complaints filed pursuant to 
Section 208 of the Act
20
against U.S. Satellite or its affiliates 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 complaint will be based solely on the record developed in that proceeding.  Except 
                                                
19
47 C.F.R. § 1.16.
20
47 U.S.C. § 208.
Federal Communications Commission         DA 13-2041
7
as expressly provided in this Consent Decree, this Consent Decree shall not prevent the Commission from 
investigating new evidence of noncompliance by U.S. Satellite with the Communications Laws.
Voluntary Contribution.  U.S. Satellite agrees that it will make a voluntary contribution 18.
to the United States Treasury in the aggregate amount of Five-Hundred Thousand dollars ($500,000) 
(Voluntary Contribution).  Such Voluntary Contribution shall be made in installments (each an Installment 
Payment).  The first Installment Payment in the amount of Two Hundred and Fourteen Thousand dollars 
($214,000) is due within thirty (30) calendar days after the Effective Date.  The second payment of One 
Hundred and Forty-Three Thousand dollars ($143,000) is due within one year after the Effective Date.  The 
third and final payment of One Hundred and Forty-Three Thousand dollars ($143,000) is due within two 
years after the Effective Date.  U.S. Satellite acknowledges and agrees that upon execution of this Consent 
Decree, the Voluntary Contribution and each Installment Payment shall become a “Claim” or “Debt” as 
defined in 31 U.S.C. § 3701(b)(1).
21
  Upon an Event of Default (as defined below), all procedures for 
collection as permitted by law may, at the Commission’s discretion, be initiated.  In addition, U.S. Satellite
agrees that it will make the first and all subsequent Installment Payments in United States Dollars without 
further demand or notice by the dates specified above.  U.S. Satellite shall also send electronic notification 
of payment to Theresa Z. Cavanaugh at Terry.Cavanaugh@fcc.gov, William A. Kehoe at 
William.Kehoe@fcc.gov, and Pam Slipakoff at Pam.Slipakoff@fcc.gov on the date each such said 
Installment Payment is made.
Each of the Installment Payments must be made by check or similar instrument, wire 19.
transfer, or credit card, and must include the Account Number and FRN referenced above.  Regardless of 
the form of payment, a completed FCC Form 159 (Remittance Advice) must be submitted.
22
  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 
regarding the form of payment:
? 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.
                                                
21
Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996).
22
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 13-2041
8
Questions regarding payment procedures should be addressed to the Financial Operations Group Help 
Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
Event of Default.  U.S. Satellite agrees that an Event of Default shall occur upon the 20.
failure by U.S. Satellite to pay the full amount of any Installment Payment on or before the due date 
specified in this Consent Decree.
Interest, Charges for Collection, and Acceleration of Maturity Date.  After an Event of 21.
Default has occurred under this Consent Decree, the then unpaid amount of the Voluntary Contribution 
shall accrue interest, computed using the U.S. Prime Rate in effect on the date of the Event of Default plus 
4.75 percent, from the date of the Event of Default until payment in full.  Upon an Event of Default, the 
then unpaid amount of the Voluntary Contribution, together with interest, as aforesaid, any penalties 
permitted and/or required by the law, including but not limited to 31 U.S.C. § 3717 and administrative 
charge(s), plus the costs of collection, litigation, and attorneys’ fees, shall become immediately due and 
payable, without notice, presentment, demand, protest, or notice of protest of any kind, all of which are 
waived by U.S. Satellite.
Waivers. U.S. Satellite waives any and all rights it may have to seek administrative or 22.
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 the Adopting Order as defined in this 
Consent Decree.  U.S. Satellite 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 U.S. Satellite nor the 
Commission shall contest the validity of the Consent Decree or the Adopting Order, and U.S. Satellite shall 
waive any statutory right to a trial de novo.  U.S. Satellite hereby agrees to waive any claims it may 
otherwise have under the Equal Access to Justice Act,
23
relating to the matters addressed in this Consent 
Decree.
Invalidity. In the event that this Consent Decree in its entirety is rendered invalid by any 23.
court of competent jurisdiction, it shall become null and void and may not be used in any manner in any 
legal proceeding.
Subsequent Rule or Order.  The Parties agree that if any provision of the Consent Decree 24.
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 U.S. Satellite does not expressly consent) that 
provision will be superseded by such Commission Rule or order.
Successors and Assigns.  U.S. Satellite agrees that the provisions of this Consent Decree 25.
shall be binding on its successors, assigns, and transferees.  
Final Settlement.  The Parties agree and acknowledge that this Consent Decree shall 26.
constitute a final settlement between the Parties with respect to the Investigation. 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 Communications Laws.
Modifications.  This Consent Decree cannot be modified without the advance written 27.
consent of both Parties.
                                                
23
See 5 U.S.C. § 504; 47 C.F.R. Part 1, Subpart K.
Federal Communications Commission         DA 13-2041
9
Paragraph Headings.  The headings of the paragraphs in this Consent Decree are inserted 28.
for convenience only and are not intended to affect the meaning or interpretation of this Consent Decree.
Authorized Representative.  The individual signing this Consent Decree on behalf of U.S. 29.
Satellite represents and warrants that he is authorized to execute this Consent Decree and to bind U.S. 
Satellite to the obligations set forth herein.  The FCC signatory represents that he is signing this Consent 
Decree in his official capacity and that he is authorized to execute this Consent Decree.
Counterparts.  This Consent Decree may be signed in counterpart (including by30.
facsimile).  Each counterpart, when executed and delivered, shall be an original, and all of the counterparts 
together shall constitute one and the same fully executed instrument.
________________________________
P. Michele Ellison
Chief
Enforcement Bureau 
________________________________
Date
________________________________
Paul Rowan
Executive Vice President and General Counsel
New Albertson’s, Inc.   
________________________________
Date