Federal Communications Commission
	
DA 16-1015
Before the
Federal Communications Commission
Washington, D.C. 20554
In re Application of
Board of Trustees, Vermont State Colleges
For Renewal of License for
Station WJSC-FM
Johnson, Vermont
NAL/Acct. No. MB-201641410016
FRN: 0014327373
FacilityiDNo. 6121
File No. BRED-2013 1 127AEV
ORDER
Adopted: Septemoer 19,2016
	
Released: September 20, 2016
By the Chief, Media Bureau:
1.
	
In his Order, we adopt the attached Consent Decree entered into by the Media Bureau
(Bureau) and the B )ard of Trustees, Vermont State Colleges (VSC), the licensee for Station WJSC-FM,
Johnson, Vermont the Station). The Consent Decree resolves issues arising from the Bureau's review of
the captioned 1icen e renewal application (Application), as amended,' for the Station. In particular, the
Consent Decree res cilves the Bureau's investigation of VSC's compliance with Section 73.35272 of the
FCC's rules.
2.
	
VSC has shown that, at the time of the violations, the Station was a student-run
noncommercial educational (NCE) FM station licensed to VSC and that the violations at the Station are
first-time documenation violations within the parameters of our policy concerning violations of
documentation requirements of the FCC's rules by student-run NCE radio stations.3 Specifically, VSC
failed to prepare and place in the Station's public file certain quarterly issues-programs lists.
3.
	
We have negotiated the attached Consent Decree in which VSC does not contest the
Bureau's finding that it violated Section 73.3527 of the FCC' s rules. The Consent Decree also requires
that VSC adhere to a Compliance Plan as set forth in the Appendix to the Consent Decree and pay a civil
penalty to the United States Treasury in the amount of $1,000.
1 The Application we 3 amended on June 15, 2016, to include the "Declaration of David G. Bergh," dated June 6,
2016.
247 CFR § 73 .3527.
See William Penn 'niv., Policy Statement and Order, 28 FCC Rcd 6932, para. 2 (MB 2013) (in cases of "first-time
violations of certain 'Jocumentation requirements of our Rules by student-run NCE radio stations," instead of issuing
a Notice of Apparent Liability, the Bureau will first afford the licensee an opportunity to negotiate a consent decree
in which the licensee will pay a reduced civil penalty and agree to a compliance plan. In negotiating the amount, the
Bureau will consider "the totality of circumstances, including giving appropriate consideration to the station's
fmances with respect to reducing the base forfeiture amount significantly.").
Federal Communications Commission
	
DA 16-1015
4. After 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 FCC's rules disclosed in the Application.
5.
	
Based on the record before us, we conclude that nothing in that record creates a
substantial or material question of fact as to whether VSC possess the basic qualifications to be a
Commission licensee.
6. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i), 4 (j) and 503(b) of the
Communications Act of 1934, as amended,4 and by the authority delegated by Sections 0.61 and 0.283 of
the Rules,5 the Consent Decree attached hereto IS ADOPTED without change, addition, or modification.
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 the Board of Trustees, Vermont State Colleges, WJSC-FM,
do David G. Bergh, Johnson State College, 337 College Hill, Johnson, VT 05735 and to its counsel Anne
Goodwin Crump, Esq., Fletcher Heald & Hildreth, P.L.C., 1300 N 17th Street, 11th Floor, Arlington, VA
22209.
FEDERAL COMMUNICATIONS COMMISSION
Lfl
William T. Lake
Chief, Media Bureau
447 U.S.C. § 154(i), 154(j), and 503(b).
547 CFR § 0.61, 0.283.
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Federal Communications Commission
	
DA 16-1015
CONSENT DECREE
I.
	
Introduction
1.
	
This Consent Decree is entered into by and between the Media Bureau of the Federal
Communications Commission and the Board of Trustees, Vermont State Colleges, by their respective
authorized representatives, for the purpose of resolving certain issues regarding compliance with the
Public File Rule that have arisen in the Media Bureau's review of the pending application for the renewal
of the license for Noncommercial Educational FM Station WJSC-FM, Johnson, Vermont.
II.
	
Definitions
2.
	
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) "Adopting Order" means the order of the Bureau adopting this Consent Decree;
(c) "Application" means the pending application, as amended, for the renewal of
license for Station WJSC-FM, Johnson, Vermont (File No. BRED-
2013 1127AEV);
(d) "Bureau" means the Media Bureau of the Commission;
(e) "Commission" or "FCC" means the Federal Communications Commission;
(f) "Compliance Plan" means the processes and procedures to ensure compliance
with the Public File Rule as set forth in the Appendix hereto;
(g) "Effective Date" means the date on which the Bureau releases the Order;
(h) "Execution Date" means the date on which this Consent Decree is executed by
the last of the Parties to do so;
(i) "Investigation" means the Bureau's investigation of licensee's compliance with
the Public File Rule;
(j) "Licensee" or "VSC" refers to the Board of Trustees, Vermont State Colleges;
(k) "Parties" means VSC and the Bureau;
(1) "Public File Rule" means Section 73 .3527 of the Commission's Rules, 47 CFR §
73.3527;
(m) "Rules" means the FCC's rules, found in Title 47 of the Code of Federal
Regulations;
(n) "Station" means Station WJSC-FM, Johnson, Vermont (Facility ID. No. 6121);
and
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Federal Communications Commission
	
DA 16-1015
(o) "Violations" means the violations of the Public File Rule.
Background
3.
	
On November 27, 2013, when VSC filed the Application to renew its license for the
Station, it disclosed that the Station had not fully complied with the Public File Rule. Specifically,
Licensee stated that approximately five years prior when the Station relocated its studio "the student
volunteers involved in the move mistakenly discarded the folders containing the issues/programs lists."6
Subsequently, after the move, Licensee noted that the student volunteers failed to prepare the required
issues and programs lists and no lists were prepared until early 2013 when a staff member began
preparing the lists. According to VSC, "WJSC-FM has placed all of its issues/programs lists for 2013 in
the public file. . . . [H]owever, it is missing the issues/programs lists from before that date and is not able
to reconstruct them. . .
4.
	
Because of the compliance issues raised by VSC's disclosures, the Bureau and VSC
negotiated this Consent Decree to terminate the Bureau's Investigation of VSC's compliance with the
Public File Rule.8 The Parties acknowledge that any proceeding that might result from the compliance
issues referenced in Paragraph 3 would be time-consuming and require a substantial expenditure of public
and private resources. In order to conserve such resources, to resolve the matter, and to promote VSC's
compliance with the Rules, the Parties are entering into this Consent Decree, in consideration of the
mutual commitments made herein.
IV. Agreement
5.
	
Adopting Order. The provisions of this Consent Decree shall be incorporated by the
Bureau in an Adopting Order.
6.
	
Jurisdiction. VSC agrees that the Bureau has jurisdiction over it and the matters
contained in this Consent Decree and the authority to enter into and adopt this Consent Decree.
7.
	
Effective Date Violations. The Parties agree that this Consent Decree shall become
effective on the Effective Date as defined herein. Upon the Effective Date, the Adopting Order and this
Consent Decree shall have the same force and effect as any other order of the Commission. VSC 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 Licensee fails to
satisf' 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. Any violation of the Adopting Order or 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 enforcement of a Commission order.
6Eibit 12, Application.
71d
Specifically, based on the Licensee's disclosures the Station is credited with having the required issues programs
lists through 2008, and, thereafter, missing all lists until 2013.
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Federal Communications Commission
	
DA 16-1015
8.
	
Termination of Investigation. In express reliance on the covenants and representations
in this Consent Decree and to avoid further expenditure of public resources, the Bureau agrees to
terminate the Investigation. In consideration for the termination of the Investigation, VSC agrees to the
terms, conditions, and procedures contained herein. The Bureau further agrees that, in the absence of new
material evidence, it will not use the Violations in any action against VSC, provided that Licensee
satisfies all of its obligations under this Consent Decree. In the event that the Licensee fails to satisf' any
of its obligations under this Consent Decree, the Bureau may take any enforcement action available
pursuant to the Act and the FCC's rules with respect to each Violation, and/or the violation of this
Consent Decree.
9.	Admission of Liability. VSC does not contest the Bureau's fmding that it violated the
Public File Rule during the 2006-2014 license term by failing to prepare and place in the Station's public
file quarterly issues and programs lists of public affairs programming broadcast by the Station in violation
of Section 73.3527(e)(8) Of the FCC's rules.
10.
	Civil Penalty. VSC agrees to pay a civil penalty to the United States Treasury in the
amount of One Thousand Dollars ($1,000), within thirty (30) calendar days after the Effective Date (Civil
Penalty). VSC acknowledges and agrees that upon execution of this Consent Decree, the Civil Penalty
shall become a "Claim" or "Debt" as defined in Section 3701 (b)( 1) of the Debt Collection Improvement
Act of 1996.
11. Payment. Licensee will send electronic notification of payment to Kim Varner at
Kim.Varner@fcc.gov and Penelope Dade at Penelope.Dade@fcc.gov on the date said payment is made.
Such payment will be made, without further protest or recourse to a trial d novo, by a check or similar
instrument, wire transfer or credit card and must include the Account Number and FRN referenced in the
caption to the Order. Regardless of the form of payment, a completed FCC Form 159 (Remittance
Advice) must be submitted. 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 that should be followed based on the form of payment selected:
•
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.
Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996).
Federal Communications Commission
	
DA 16-1015
12.
	
Qualifications; A2reement to Grant. The Bureau finds that its Investigation raises no
substantial and material question of fact as to whether VSC possess the basic qualifications including
those relating to character, to hold a Commission license. Accordingly, the Bureau agrees to grant the
Application after the Effective Date, provided that the following conditions have been met: 1) VSC has
fully and timely satisfied its obligation to make the civil penalty payment referenced in paragraph 10 of
this Decree; and 2) there are no issues other than the Violations that would preclude grant of the
Application.
13.
	
Compliance Plan. VSC 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, as set forth in the Appendix, for the purpose of ensuring compliance with the Rules.
Licensee further 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.
14.
	
Public File Representation. VSC further represents that as of the Execution Date, apart
from the issues and programming lists noted in paragraph 3, the Station's public file fully complies with
the Public File Rule.
15.
	
Waivers. As of the Effective Date, VSC 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 Adopting Order, provided the Consent Decree is adopted without change,
addition or modification. If either Party (or the United States on behalf of the Commission), brings a
judicial action to enforce the terms of the Consent Decree or Adopting Order, neither VSC nor the
Commission will contest the validity of the Consent Decree or Adopting Order, and VSC will waive any
statutory right to a trial de novo. Licensee further agrees to waive any claims it may otherwise have
under the Equal Access to Justice Act, 5 U.S.C. Section 504 and 47 CFR Section 1.1501 et seq., relating
to the matters addressed in this Consent Decree.
	
.16.
	
Severability. The Parties agree that if a court of competent jurisdiction renders any of
the provisions of this Consent Decree unenforceable, such unenforceability shall not render unenforceable
the Consent Decree, but rather the entire Consent Decree shall be construed as if not containing the
particular unenforceable provision or provisions, and the rights and obligations of the Parties shall be
construed and enforced accordingly.
17.
	
Invalidity. In the event that this Consent Decree in its entirety is rendered invalid by any
court of competent jurisdiction, it will become null and void and may not be used in any manner in any
legal proceeding.
18.	Subsequent Rule or Order. 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 Licensee does not expressly
consent), such provision will be superseded by such Rule or Order.
19.	Successors and Assi2ns. The Consent Decree will be binding on VSC's successors-in-
interest and assigns. 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.
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DA 16-1015
20. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall.
constitute a final settlement between VSC and the Bureau concerning the Licensee's Violations at the
Station, as discussed herein.
21. Modifications.. This Consent Decree cannot be modified or amended without the
vancewritteń consent of both Parties.
22. Paragraph Headings. The headings of the paragraphs in this Consent Decree are
inserted for convenience only and are not intended to affect the meaning or interpretation of this Consent
Decree.
	
.
23. Authorized Representative. Each Party represents and warrants to the other Party that it
las full power and authority to enter into this Consent Decree Each person signing this Consent Decree
on behalf of a Pa±ty hereby represents that he or she is fully authorized by the Party to execute this
onsent Decree and to bind the Party to its tenns and conditions
•
	
24.
	
Counterparts. 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
instrtzment whether executed by telecopy or by original signatures.
MEDIA BUREAU
FEDERAL COMMUNICATIONS COMMISSION
By:
William T. Lake, Chief
Date:
BOARD OF TRUSTEES, VERMONT STATE
COLLEGES
By:
Jeb Spaulding \
Chancellor, Vermont State Coflges
Date:
	
9/('-i)(
Federal Communications Commission
	
DA 16-1015
APPENDIX
COMPLIANCE PLAN FOR STATION WJSC-FM
For a period of three (3) years commencing as of the Effective Date of the Consent Decree, the
Board of Trustees, Vermont State Colleges, or its successor-in-interest, as appropriate, will
institute the following procedures to ensure compliance with the Commission's Rules. 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 and programs lists and will be timely placed in the public file of the
Station.
B. All such quarterly issues and 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 of the Effective Date of this Compliance Plan, Licensee will conduct
training for all Station staff and management on compliance with Commission Rules
applicable to Station operations. It will also designate a Compliance Officer responsible
for responding to staff questions and consulting with counsel familiar with
Communications law regarding compliance matters. Additionally, Licensee will conduct
refresher training for staff and management at least once every twelve (12) months, and
will train any new Station staffer 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
three-year period will terminate on the successful completion of the third annual public file audit.
The second and third 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
two additional years. A copy will be served on Michael F. Wagner, Assistant Chief, Audio
Division, Media Bureau, Federal Communications Commission and e-mailed to him at
Michael.Wagner@fcc.gov .
IV. This Compliance Plan will be under the direct supervision of Interim Dean of Students Michele
Whitmore, or by any member of Johnson State College designated by Dean Whitmore, or in the
event Dean Whitmore's position changes, or she is no longer with Johnson State College, or if the
license has been assigned, by her successor or her successor's designee who is affihiatedwith the
successor Licensee's Board.
8