Federal Communications Commission DA 14-1593
Before the
Federal Communications Commission
Washington, D.C. 20554
In re Application of
Gallup Public Radio
For Renewal of License for
Station KGLP(FM)
Gallup, New Mexico
Adopted: November 14, 2014
By the Chief, Media Bureau:
)
)
) Facility ID No. 23052
) NAL/Acct. No. MB-201341410014
) FRN: 0010503860
) File No. BRED-20130528A1V
)
ORDER
Released: November 17, 2014
1. In this Order, we adopt the attached Consent Decree entered into by the Media Bureau
("Bureau") and Gallup Public Radio ("Gallup"), the licensee for Station KGLP(FM), Gallup, New
Mexico ("Station"). The Consent Decree resolves issues arising from the Bureau's review of the
captioned license renewal application ("Renewal Application") for the Station as to whether Gallup
violated Section 73.3527' of the Commission's Rules ("Rules").2
2. The Consent Decree provides, among other things, that the Licensee will institute and
maintain, for four years, a Compliance Plan for the Station and make a Seven Thousand, Five Hundred
Dollars ($7,500) voluntary contribution to the United States Treasuiy, reduced from the proposed
forfeiture amount based on the Bureau's review of Gallup's tax returns. A copy of the Consent Decree is
attached hereto and incorporated by reference.
3. Afler reviewing the terms of the Consent Decree, we find that the public interest will be
served by its approval and by terminating all pending proceedings relating to the Bureau's consideration
of potential violations of the Rules disclosed in the Renewal Application.
4. Based on the record before us, we conclude that nothing in that record creates a
substantial or material question of fact as to whether Gallup possess the basic qualifications to be a
Commission licensee.
5. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the
Communications Act of 1934, as amended,3 and by the authority delegated by Sections 0.61 and 0.283 of
the Rules,4 the Consent Decree attached hereto IS ADOPTED.
'47 C.F.R. § 73 .3527.
2 See Gallup Public Radio, Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, 28
FCC Rcd 13847 (MB 2013) (proposing $12,000 forfeiture for apparent violation of Section 73.3527).
47 U.S.C. § 4(i).
Federal Communications Commission BA 14-1593
6. IT IS FURTHER ORDERED, pursuant to Section 503(b) of the Communications Act of
1934, as amended, and Section 1.80 of the Commission's Rules,5 that the Notice ofApparently Liability
for Forfeiture issued to Gallup Public Radio for willfully and repeatedly violating Section 73 .3527 of the
Commission's Rules at Station KGLP(FM), Gallup, New Mexico, IS HEREBY REDUCED TO $7,500.
7. IT IS FURTHER ORDERED that the investigation by the Media Bureau of the matters
noted above IS TERMINATED.
8. IT IS FURTHER ORDERED that copies of this Order shall be sent, by First Class and
Certified Mail, Return Receipt Requested, to Gallup Public Radio, do Raymond D. Calderon, 705 Gurley
Avenue, Gallup, NM 87301.
FEDERAL COMMUNICATIONS COMMISSION
William T. Lake
Chief, Media Bureau
447 C,F.R. § 0.61, 0.283.
547 U.S.C. § 503(b); 47 C.F.R. § 1.80.
2
Federal Communications Commission DA 14-1593
CONSENT DECREE
I. Introduction
1. This Consent Decree is entered into by and between the Media Bureau of the Federal
Communications Commission and Gallup Public Radio by their respective authorized representatives, for
the purpose of resolving certain issues regarding compliance with the Public File Rule, as defined below,
that have arisen in the Media Bureau's review of the pending application for the renewal of the license for
Station KGLP(FM), Gallup, New Mexico.
II. Definitions
For purposes of this Consent Decree, the following definitions shall apply:
a) "Act" means the Communications Act of 1934, as amended, 47 U.S.C. §151 et. seq.;
b) "Bureau" means the Media Bureau of the Federal Communications Commission;
c) "Commission" or "FCC" means the Federal Communications Commission;
d) "Compliance Plan" means the processes and procedures developed by the Licensee in
an effort to ensure compliance with the Public File Rule at the Station, as
summarized in the Appendix hereto;
e) "Effective Date" means the date on which the Bureau releases the Order;
f) "Execution Date" means the date on which this Consent Decree is executed by the
last of the Parties to do so;
g) "Licensee" or "Gallup" refers to Gallup Public Radio;
h) "Order" means the Order of the Bureau adopting this Consent Decree;
i) "Parties" means the Bureau and the Licensee;
j) "Public File Rule" means Section 73 .3527 of the Commission's Rules, 47 C.F.R. §
73 .3527;
k) "Renewal Application" means the pending application for the renewal of the license
for Station KGLP(FM), Gallup, New Mexico (File No. BRED-20130528A1V);
1) "Rules" means the Commission's Rules, found in Title 47 of the Code of Federal
Regulations;
m) "Station" means Station KGLP(FM), Gallup, New Mexico (Facility ID No. 23052);
and
n) "Violations" means the violations of the Public File Rule.
Federal Communications Commission DA 14-1593
III. Background
3. On May 28, 2013, Licensee filed the Renewal Application to renew its license for the
Station. In that application, Licensee made disclosures to the Commission concerning compliance issues
with the Public File Rule. On September 25, 2013, the Bureau issued a Notice of Apparent Liability for
Forfeiture in connection with the Violations disclosed in the Renewal Application.6 The Licensee has
timely disputed the NAL.
4. Because of the compliance issues raised by these disclosures, the Parties have agreed to
enter into this Consent Decree, to which both the Licensee and the Bureau intend to be legally bound.
IV. Agreement
5. The Parties acknowledge that any proceeding that might result from the Public File Rule
compliance issues referred to in Paragraph 3 above would be time-consuming and require a substantial
expenditure of public and private resources. h-i order to conserve such resources, to resolve the matter,
and to promote Licensee's compliance with the Public File Rule, the Parties are entering into this Consent
Decree, in consideration of the mutual commitments made herein.
6. The Licensee and the Bureau agree to be legally bound by the terms and conditions of
this Consent Decree. Bach represents and warrants to the other that its signatory is duly authorized to
enter into this Consent Decree on its behalf. The Licensee 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.
7. The Parties agree and acknowledge that this Consent Decree shall constitute a final
settlement between the Licensee and the Bureau concerning the Licensee's Violations at the Station, as
discussed herein.
8. In express reliance on the covenants and representations in this Consent Decree, the
Bureau agrees that it will not use the Violations in any action against the Licensee, provided that the
Licensee satisfies all of its obligations under this Consent Decree. In the event that the Licensee fails to
satisfy any of its obligations under this Consent Decree, the Bureau may take any enforcement action
available pursuant to the Act and the Rules with respect to each Violation, and/or the violation of this
Consent Decree.
9. The Licensee hereby stipulates that the Station violated the Public File Rule in the
maintenance of the Station's public file during the 2005-20 13 license term.
10. The Licensee agrees to make a voluntary contribution to the United States Treasury in the
amount of Seven Thousand, Five Hundred Dollars ($7,500). Such contribution will be made, without
further protest or recourse to a trial de novo, by a check or similar instrument, wire transfer or money
order payable to the order of the Federal Communications Commission. Payment by check or money
order maybe mailed to Federal Communications Commission, at P.O. Box 979088, St. Louis, MO 63197-
9000. Payment by overnight mail may be sent to U.S. Bank-Government Lockbox #979088, SLMO-C2-
GL, 1005 Convention Plaza, St. Louis, MO 63101. Payment by wire transfer may be made to ABA
Number 021030004, receiving bank: TREAS NYC, BNF: FCC/ACV--27000001 and account number as
expressed on the remittance instrument. If completing the FCC Form 159, enter the NAL/Account
6 Gallup Public Radio, Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, 28 FCC
Rcd 13847 (MB 2013) ("NAL").
Federal Communications Commission DA 14-1593
number in block number 23A (call sign/other ID), and enter the letters "FORE" in block number 24A
(payment type code). Licensee will also send electronic notification on the date said payment is made to
Penelope.Dadefcc.gov and Alexander. Sanjenis@fcc.gov.
11. Because the Violations continued over six years out of the eight year license term, the
Bureau agrees to grant the Renewal Application, after the Effective Date, for a four (4) year time period,
provided that the following conditions have been met: 1) Licensee has fully and timely satisfied its
obligation to make the voluntary contribution referenced in paragraph 10 of this Decree; and 2) there are
no issues other than the Violations that would preclude grant of the Renewal Application.
12. The Licensee represents that, in addition to its existing policies and procedures, it has
adopted, is currently in the process of implementing, and agrees to abide by the Compliance Plan for the
purpose of ensuring compliance with the Public File Rule. Licensee agrees, to the extent that it has not
already done so, to implement this Compliance Plan at the Station no later than thirty (30) days after the
Effective Date and to keep such Compliance Plan in effect for three (3) years after the Effective Date.
13. The Licensee represents that as of the Execution Date of this Consent Decree, the
Station's public file fully complies with the Public File Rule.
14. The Licensee agrees that it is required to comply with each individual condition of this
Consent Decree. Each specific condition is a separate condition of the Consent Decree as approved. To
the extent that the Licensee fails to satisfy any condition or Commission Rule, in the absence of
Commission alteration of the condition or Rule, it will be deemed noncompliant and may be subject to
possible enforcement action, including, but not limited to, revocation of the relief, designation of the
matter for hearing, letters of admonishment and/or forfeitures.
15. The Consent Decree will be binding on the Licensee's successors-in-interest and assigns.
The Licensee agrees that any future application to assign or transfer control of the Station will include a
statement executed by an authorized representative of the proposed assignee or transferee consenting to
assumption of the responsibilities and duties set forth in this Consent Decree with regard to the Station.
16. The Licensee waives any and all rights it may have to seek administrative or judicial
reconsideration, review, appeal, or stay, or to otherwise challenge the validity of this Consent Decree and
the Order, provided the Order adopts the Consent Decree without change, addition or modification.
17. The Licensee 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.
18. The Licensee 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.
19. The Licensee and the Bureau agree that if the Licensee, 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 the Licensee nor the Commission will contest the validity of the Consent
Decree or Order, and the Licensee and the Commission 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 will consent to a
judgment incorporating the terms of this Consent Decree.
Fed cril Cmmunicatiois Corn1nisio]L DA 14- 159.3
20. The Lkensee and the Bureat are that, n the event tlu.( this Consent Decree is dcrd
invaJd by any ccuil of competeitjurisdiciiott. t wiLl become null md void and may not be used in arty
rianncr in any feal p(c1in.
21. Thii Corisnt L)crc may c gned hi eouterparts andiot by teJecopy and, hesi ^i
eutod the counterparts, taken together, will coiistitute n lega]Iy binding aid eiiforabLe iustrument
wIietlie e'wcuted byte]ecopy or byorigirial signatures.
MEDIA ffl)REAU
FEDERAL COMIIrMCATIONS COM li IS()
By:
WiLihinu T. L.ak, Chief
Ii 1C
Date: L
GALLUP PUBLIC HAIIO
RyruoD. Ckieron President
11/11/14Date:
Federal Communications Commission DA 14-1593
&PPFN1MX
COMPLIANCE PLAN FOR STATION KGLP(FM)
For a period of four (4) years commencing as of the Effective Date of the Consent Decree, Gallup
Public Radio, or its successor-in-interest, as appropriate, will institute the following procedures to
ensure compliance with the Commission's Public File Rule. Unless otherwise provided, all terms
defined in the Consent Decree apply to this Compliance Plan.
A. The Station Manager and other appropriate staff of the Station will log all broadcasts of
programming which, in the Licensee's judgment, constitutes public affairs and public
service programming, broadcast by the Station. These logs will be compiled into
quarterly issues/programs lists and will be timely placed in the public file of the Station.
B. All such quarterly issues/programs lists will be signed and dated by their preparer before
they are placed in the public file.
C. Late-filed lists will be reviewed and signed by the Station's management and
accompanied in the Station's public file with a statement indicating the nature of the
document, the date placed in the public file, and the reason for the late filing.
D. Within 30 days from the Effective Date of this Compliance Plan, Licensee will conduct
training for all Station employees and management on compliance with FCC Rules
applicable to Station operations. It will designate a Compliance Officer responsible for
responding to Station employee questions and consulting with outside counsel familiar
with Communications law regarding compliance matters. Licensee will conduct
refresher training for Station employees and management at least once every twelve (12)
months, and will train any new Station employee within five (5) business days of
commencement of his or her duties at the Station.
II. Licensee and/or any successor licensee, as appropriate, will conduct annual audits of the Station's
public file on or about the anniversary date of the Effective Date of the Consent Decree. The four-
year period will terminate on the successful completion of the fourth annual public file audit. The
second, third, and fourth audits will be due on the anniversary of the first audit.
III. Licensee shall annually submit a sworn certification to the Commission, signed by Licensee, that
the Station's public file fully complies with the Public File Rule. If the Licensee cannot truthfully
make this certification, it shall set forth in detail any public file deficiencies and describe any
corrective measures taken. This report shall be filed within ten (10) days of the completion of
the first annual public file audit pursuant to Item II above, and on that date yearly thereafter for a
period of three years. A copy will be served on Peter H. Doyle, Chief, Audio Division, Media
Bureau, Federal Communications Commission and e-mailed to him at Peter.Doylefcc.gov.
IV. This Compliance Plan will be under the direct supervision of Raymond D. Calderon, President, or
by any employee of Licensee designated by Mr. Calderon, or in the event Mr. Calderon is no
longer with Licensee or if the license has been assigned, by his successor or his successor's
designee who is affiliated with the successor Licensee's Board.