Federal Communications Commission DA 16-1022
Before the
Federal Communications Commission
Washington, D.C. 20554
In re Applications of
FoxFur Communications, LLC,
WOLF Radio, Inc., and
Family Life Ministries, Inc.
For Consent to Assignment of Licenses for
WCIS-FM, Deruyter, New York
W252AC, Fairmount, New York
For Consent to Assignment of License for
WCIO(FM), Oswego, New York
For Consent to Assignment of License for
WOLF-FM, Baldwinsville, New York
NAL/Acct. No. 201641410009
FRN: 0018750067
Facility ID Nos. 22134 and 25016
File Nos. BALH-20160408ABJ, BALH-
20160624ABP
File Nos. BALFT-20160408ABK, BALFT-
20160624ABW
Facility ID No. 5344
File No. BALH-20160408ABL, BALH-
201 60624AB0
Facility ID No. 7716
File No. BALH-20160408AB1, BALH-
201 60624ABS
Adopted: September 12, 2016
	
Released: September 12, 2016
By the Chief, Media Bureau:
1.
	
Tn this Order, we adopt the attached Consent Decree entered into by the Media Bureau
(Bureau) and FoxFur Communications, LLC (FoxFur). The Consent Decree resolves issues arising from
the Bureau's review of the captioned applications for consent to the assignment of licenses for Stations:
(1) WCIS-FM, Deruyter, New York, W252AC, Fairmount, New York, from FoxFur to Family Life
Ministries, Inc. (Family); (2) WCIO(FM), Oswego, New York, from WOLF Radio, Inc. (WOLF)' to
Family; and (3) WOLF-FM, Baldwinsville, New York, from Family to FoxFur; and whether FoxFur
violated Section 73.3555 of the FCC' s Rules (Rules) by implementing a time brokerage agreement that
resulted in FoxFur having an unauthorized attributable interest in eight radio station in the Syracuse
radio market, in violation of Section 73.3555(a)(1)(ii) of the Rules.2 On April 28, 2016, the Bureau
issued a Notice of Apparent Liability to FoxFur in the amount of $20,000 for this violation.3 FoxFur
timely filed a response to the NAL on July 14, 2016.
2. We have negotiated the attached Consent Decree, which provides for FoxFur to make a
civil penalty payment to the United States Treasury in the amount of $16,000, reduced from the amount
proposed in the NAL based on FoxFur's showing of a history of compliance.
FoxFur and WOLF are commonly-controlled entities.
2 47 CFR § 73.3555(a)(l)(ii).
FoxFur Communications, LLC, Memorandum Opinion and Order and Notice of Apparent Liability, 31 FCC Rcd
6872 (MB 2016) (NAL).
Federal Communications Commission
	
DA 16-1022
3. 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 Rules.
4.
	
ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the
Communications Act of 1934, as amended,4 and by the authority delegated by Sections 0.61 and 0.283 of
the FCC's Rules,5 the Consent Decree attached hereto IS ADOPTED.
5.
	
IT IS FURTHER ORDERED, pursuant to Section 503(b) of the Communications Act of
1934, as amended, and Section 1.80 of the FCC's Rules,6 that the Notice of Apparently Liabilityfor
Forfeiture issued to FoxFur Communications, LLC, for willfully violating Section 73.3555(a)(1)(ii) of the
FCC's Rules IS HEREBY REDUCED to $16,000.
6.
	
IT IS FURTHER ORDERED that the investigation by the Media Bureau of the matters
noted above IS TERMINATED.
7.
	
IT IS FURTHER ORDERED that copies of this Order shall be sent, by First Class and
Certified Mail, Return Receipt Requested, to FoxFur Communications, LLC and WOLF Radio, Inc., 401
W. Kirkpatrick Street, Syracuse, NY 13204, and to its counsel, Francisco R. Montero, Esq., Fletcher
Heald & Hildreth, PLC, 1300 North 17th Street, 11t1 Floor, Arlington, VA 22209, and to counsel for
Family Life Ministries, Inc., Joseph C. Chautin III, Esq., Hardy, Carey, Chautin, & Balkin, LLP, 1080
West Causeway Approach, Mandeville, LA 70471.
FEDERAL COMMUNICATIONS COMMISSION
William T. Lake
Chief, Media Bureau
47 U.S.C. § 4(i).
547 CFR § 0.61, 0.283.
647 U.S.C. § 503(b); 47 CFR § 1.80.
2
Federal Communications Commission
	
DA 16-1022
CONSENT DECREE
I.
	
Introduction
1.
	
This Consent Decree is entered into by: (a) the Media Bureau of the Federal
Communications Commission; and (b) FoxFur Communications, LLC.
II.
	
Definitions
2.
	
For the 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) "April Assignment Applications" means the dismissed applications for consent to
assign the licenses of Stations WCIS-FM, Deruyter, New York; W252AC,
Fairmount, New York, WCIO(FM), Oswego, New York; and WOLF-FM,
Baldwinsville, New York (File Nos. BALH-20 1 60408ABJ, BALFT-20 1 60408ABK,
BALH-20 1 60408ABL, and BALH-20 1 60408AB1, respectively);
(c) "Bureau" means the Media Bureau of the Federal Communications Commission;
(d) "Commission" or "FCC" means the Federal Communications Commission;
(e) "Effective Date" means the date on which the Bureau releases the Order;
(f) "Family" means Family Life Ministries, Inc.;
(g) "FoxFur" means FoxFur Communications, LLC;
(h) "Investigation" means the Bureau's investigation of FoxFur's violation of the
Multiple Ownership Rule;
(i) "June Assignment Applications" means the pending applications for consent to
assign the licenses of Stations WCIS-FM, Deruyter, New York; W252AC,
Fairmount, New York, WCIO(FM), Oswego, New York; and WOLF-FM,
Baldwinsville, New York (File Nos. BALH-20160624ABP, BALFT-20160624ABW,
BALH-20 1 60624ABO, and BALH-20 1 60624ABS, respectively);
U) "Multiple Ownership Rule" means Section 73.3555(a)(1)(ii) of the Rules, 47 CFR §
73 .3555(a)(1)(ii);
(k) "Order" means an order of the Bureau adopting this Consent Decree;
(1) "Parties" means FoxFur and the Bureau;
(m) "Rules" means the FCC's regulations set forth in Title 47 of the Code of Federal
Regulations;
(n) "Station" means Stations WCIS-FM, Deruyter, New York (Facility ID No. 22134);
W252AC, Fairmount, New York (Facility Id No. 25016); WCIO(FM), Oswego, New
Federal Communications Commission
	
DA 16-1022
York (Facility ID No. 5344); and WOLF-FM, Baldwinsville, New York (Facility ID
No. 7716);
(o) "Violation" means the violation of the Multiple Ownership Rule; and
(p) "WOLF" means WOLF Radio, Inc.
III.
	
Background
3. On March 28, 2016, FoxFur and WOLF, commonly-controlled entities, entered into an
Exchange Agreement with Family, pursuant to which FoxFur would assign WCIS-FM, W252AC, and
WCTO(FM) to Family in exchange for Family's station WOLF-FM' (WCIS-FM, W252AC, WCIO(FM),
and WNDR-FM, collectively, the Stations). On the same date, FoxFur and Family also executed cross
Time Brokerage Agreements (TBA), whereby Family would broker 100 percent of the programming for
WCIS-FM and WCIO(FM), and FoxFur would broker 100 percent of the programming for WOLF-FM.
On April 8, 2016, FoxFur and Family filed the April Assignment Applications seeking Commission
consent to assign the licenses for (1) WCIS-FM and W252AC from FoxFur to Family; (2) WCIO(FM)
from WOLF to Family; and (3) WOLF-FM from Family to FoxFur. The March 28, 2016, commencement
of the TBA resulted in FoxFur having an attributable interest in eight radio stations, five of which are FM
stations, in the Syracuse Metro, in violation of the local radio ownership rule, Section 73.3555(a)(1)(ii).2
On June 15, 2016, the Bureau issued a Notice of Apparent Liability for Forfeiture for the Violation and
dismissed the April Assignment Applications.3 On June 24, 2016, FoxFur filed the June Assignment
Applications. FoxFur timely filed a response to the NAL on July 14, 2016.
4. Because of the issues identified in the Bureau's investigation, the Parties have agreed to
enter into this Consent Decree, to which both FoxFur and the Bureau intend to be legally bound.
IV.
	
Agreement
5. The Parties acknowledge that any proceeding that might result from FoxFur's violation of
the Multiple Ownership Rule, referred to in Paragraph 3 above, would be time-consuming and require
substantial expenditure of public and private resources. In order to conserve such resources, and to
resolve the matter, the Parties are entering into this Consent Decree, in consideration of the mutual
commitments made herein.
6. FoxFur and the Bureau agree to be legally bound by the terms and conditions of this
Consent Decree. Both FoxFur and the Bureau each represent and warrant that its signatory is duly
authorized to enter into this Consent Decree on its behalf. FoxFur agrees that the Bureau has jurisdiction
over the matters contained in this Consent Decree.
7. The Parties agree and acknowledge that this Consent Decree shall constitute a final
settlement between FoxFur and the Bureau concerning FoxFur's Violation, 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 Violation in any action against FoxFur, provided that FoxFur
'At the time of the agreement, WOLF-FM's calisign was WNDR-FM.
2 See 47 CFR § 73.3555(a)(1)(ii) and Note 2(j) of Section 73.3555.
See FoxFur Communications, LLC, Memorandum Opinion and Order and Notice of Apparent Liability, 31 FCC
Rcd 6872 (MB 2016) (NAL).
2
Federal Communications Commission
	
DA 16-1022
CONSENT DECREE
I.
	
Introduction
1.
	
This Consent Decree is entered into by: (a) the Media Bureau of the Federal
Communications Commission; and (b) FoxFur Communications, LLC.
II.
	
Definitions
2.
	
For the 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) "April Assignment Applications" means the dismissed applications for consent to
assign the licenses of Stations WCIS-FM, Deruyter, New York; W252AC,
Fairmount, New York, WCIO(FM), Oswego, New York; and WOLF-FM,
Baldwinsville, New York (File Nos. BALH-20160408ABJ, BALFT-20160408ABK,
BALH-20 1 60408ABL, and BALH-20 1 60408AB1, respectively);
(c) "Bureau" means the Media Bureau of the Federal Communications Commission;
(d) "Commission" or "FCC" means the Federal Communications Commission;
(e) "Effective Date" means the date on which the Bureau releases the Order;
(0 "Family" means Family Life Ministries, Inc.;
(g) "FoxFur" means FoxFur Communications, LLC;
(h) "Investigation" means the Bureau's investigation of FoxFur's violation of the
Multiple Ownership Rule;
"June Assignment Applications" means the pending applications for consent to
assign the licenses of Stations WCIS-FM, Deruyter, New York; W252AC,
Fairmount, New York, WCIO(FM), Oswego, New York; and WOLF-FM,
Baldwinsville, New York (File Nos. BALH-20160624ABP, BALFT-20160624ABW,
BALH-20 1 60624AB0, and BALH-20 1 60624ABS, respectively);
"Multiple Ownership Rule" means Section 73.3555(a)(1)(ii) of the Rules, 47
CFR § 73.3555(a)(1)(ii);
(k) "Order" means an order of the Bureau adopting this Consent Decree;
(1) "Parties" means FoxFur and the Bureau;
(m) "Rules" means the FCC's regulations set forth in Title 47 of the Code of Federal
Regulations;
(n) "Station" means Stations WCIS-FM, Deruyter, New York (Facility ID No. 22134);
W252AC, Fairmount, New York (Facility Id No. 25016); WCIO(FM), Oswego, New
(i)
a)
Federal Communications Commission
	
DA. 16-1022
York (Facility ID No. 5344); and WOLF-FM, Baldwinsville, New York (Facility ID
No. 7716);
(o) "Violation" means the violation of the Multiple Ownership Rule; and
(p) "WOLF" means WOLF Radio, Inc.
III.
	
Background
3. On March 28, 2016, FoxFur and WOLF, commonly-controlled entities, entered into an
Exchange Agreement with Family, pursuant to which FoxFur would assign WCIS-FM, W252AC, and
WCIO(FM) to Family in exchange for Family's station WOLF-FM' (WCIS-FM, W252AC, WCIO(FM),
and WNDR-FM, collectively, the Stations). On the same date, FoxFur and Family also executed cross
Time Brokerage Agreements (TBA), whereby Family would broker 100 percent of the programming for
WCIS-FM and WCIO(FM), and FoxFur would broker 100 percent of the programming for WOLF-FM.
On April 8, 2016, FoxFur and Family filed the April Assignment Applications seeking Commission
consent to assign the licenses for (1) WCIS-FM and W252AC from FoxFur to Family; (2) WCIO(FM)
from WOLF to Family; and (3) WOLF-FM from Family to FoxFur. The March 28, 2016, commencement
of the TBA resulted in FoxFur having an attributable interest in eight radio stations, five of which are FM
stations, in the Syracuse Metro, in violation of the local radio ownership rule, Section 73.3555(a)(1)(ii).2
On June 15, 2016, the Bureau issued a Notice of Apparent Liability for Forfeiture for the Violation and
dismissed the April Assignment Applications.3 On June 24, 2016, FoxFur filed the June Assignment
Applications. FoxFur timely filed a response to the NAL on July 14, 2016.
4. Because of the issues identified in the Bureau's investigation, the Parties have agreed to
enter into this Consent Decree, to which both FoxFur and the Bureau intend to be legally bound.
IV.
	
Agreement
5. The Parties acknowledge that any proceeding that might result from FoxFur's violation of
the Multiple Ownership Rule, referred to in Paragraph 3 above, would be time-consuming and require
substantial expenditure of public and private resources. In order to conserve such resources, and to
resolve the matter, the Parties are entering into this Consent Decree, in consideration of the mutual
commitments made herein.
6. FoxFur and the Bureau agree to be legally bound by the terms and conditions of this
Consent Decree. Both FoxFur and the Bureau each represent and warrant that its signatory is duly
authorized to enter into this Consent Decree on its behalf. FoxFur agrees that the Bureau has jurisdiction
over the matters contained in this Consent Decree.
7. The Parties agree and acknowledge that this Consent Decree shall constitute a final
settlement between FoxFur and the Bureau concerning FoxFur's Violation, 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 Violation in any action against FoxFur, provided that FoxFur
1 At the time of the agreement, WOLF-FM's cailsign was WNDR-FM.
2 See 47 CFR § 73 .3555(a)(1)(ii) and Note 2(j) of Section 73.3555.
See FoxFur Communications, LLC, Memorandum Opinion and Order and Notice of Apparent Liability, 31 FCC
Rcd 6872 (MB 2016) (NAL).
2
Federal Communications Commission
	
DA 16-1022
satisfies all of its obligations under this Consent Decree. In the event that FoxFur 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 the Violation, and/or the violation of this Consent Decree.
9.
	
FoxFur hereby stipulates that it violated the Multiple Ownership Rule to the extent
described in Paragraph 3 above.
10.
	
The Bureau has agreed to accept and FoxFur has agreed to make a civil penalty payment
to the United States Treasury in the amount of Sixteen Thousand Dollars ($16,000) within thirty (30)
calendar days after the Effective Date. FoxFur will also send electronic notification of payment to
Alexander Sanjenis at Alexander.Sanjenisfcc.gov and Michael Wagner at Michael.Wagnerfcc.gov on
the date said payment is made. Such payment will be made, without further protest or recourse to a trial
de 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 63 197-9000, 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.
11.
	
The Bureau will grant the pending June Assignment Applications for the Stations (File
Nos. BALH-20 1 60624ABP, BALFT-20 1 60624ABW, BALH-20 1 60624AB0, and BALH-20 1 60624AB S)
after the Effective Date, provided that the following conditions have been met: 1) FoxFur has fully and
timely satisfied its obligation to make the payment referenced in Paragraph 10 of this Decree; and 2) there
are no issues other than the Violation that would preclude the grant of the June Assignment Applications.
12.
	
FoxFur represents that, as of the date of its execution of this Consent Decree, it fully
complies with the Multiple Ownership Rule.
13.
	
FoxFur 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
FoxFur fails to satisfy any condition, 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, designation of the matter for hearing, letters of admonishment, or forfeitures.
3
Federal Communications Commission
	
DA 16-1022
14.	The Consent Decree will be binding on FoxFur's successors-in-interest and assigns.
FoxFur 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.
15.
	
FoxFur waives any and all rights that 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 that the Order adopts the Consent Decree without change, addition or
modification.
16.
	
FoxFur waives any claims that it may otherwise have under the Equal Access to Justice
Act, 5 U.S.C. § 504 and 47 CFR § 1.1501 et seq., relating to the matters discussed in this Consent Decree.
17.
	
FoxFur and the Bureau agree that the effectiveness of this Consent Decree is expressly
contingent upon issuance of the Order, provided that the Order adopts the Consent Decree without
change, addition, or modification.
18.
	
If any Party (or the United States on behalf of the FCC) brings ajudicial action to enforce
the terms of the Order, none of the Parties shall contest the continuing validity of the Consent Decree or
the Order. FoxFur and the Bureau 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.
19.
	
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.
20.
	
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.
MEDIA BUREAU
FEDERAL COMMUNICATIONS COMMISSION
By:
William T. Lake, Chief
Date:
FOXFUR COMMUNICATIONS, LLC
By:
	
ember'
Date:
4
Federal Communications Commission
	
DA 16-1022
CONSENT DECREE
I.
	
Introduction
1.
	
This Consent Decree is entered into by: (a) the Media Bureau of the Federal
Communications Commission; and (b) FoxFur Communications, LLC.
II.
	
Definitions
2.
	
For the 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) "April Assignment Applications" means the dismissed applications for consent to
assign the licenses of Stations WCIS-FM, Deruyter, New York; W252AC,
Fairmount, New York, WCIO(FM), Oswego, New York; and WOLF-FM,
Baldwinsville, New York (File Nos. BALH-20160408ABJ, BALFT-20160408ABK,
BALH-20 1 60408ABL, and BALH-20 1 60408AB1, respectively);
(c) "Bureau" means the Media Bureau of the Federal Communications Commission;
(d) "Commission" or "FCC" means the Federal Communications Commission;
(e) "Effective Date" means the date on which the Bureau releases the Order;
(0 "Family" means Family Life Ministries, Inc.;
(g) "FoxFur" means FoxFur Communications, LLC;
(h) "Investigation" means the Bureau's investigation of FoxFur's violation of the
Multiple Ownership Rule;
"June Assignment Applications" means the pending applications for consent to
assign the licenses of Stations WCIS-FM, Deruyter, New York; W252AC,
Fairmount, New York, WCIO(FM), Oswego, New York; and WOLF-FM,
Baldwinsville, New York (File Nos. BALH-20160624ABP, BALFT-20160624ABW,
BALH-20160624AB0, and BALH-201 60624ABS, respectively);
"Multiple Ownership Rule" means Section 73.3555(a)(l)(ii) of the Rules, 47
CFR § 73.3555(a)(1)(ii);
(k) "Order" means an order of the Bureau adopting this Consent Decree;
(1) "Parties" means FoxPur and the Bureau;
(m) "Rules" means the FCC's regulations set forth in Title 47 of the Code of Federal
Regulations;
(n) "Station" means Stations WCIS-FM, Deruyter, New York (Facility ID No. 22134);
W252AC, Fairmount, New York (Facility Id No. 25016); WCIO(FM), Oswego, New
(i)
a)
Federal Communications Commission
	
DA 16-1022
York (Facility ID No. 5344); and WOLF-FM, Baldwinsville, New York (Facility ID
No. 7716);
(o) "Violation" means the violation of the Multiple Ownership Rule; and
(p) "WOLF" means WOLF Radio, Inc.
III.
	
Background
3. On March 28, 2016, FoxPur and WOLF, commonly-controlled entities, entered into an
Exchange Agreement with Family, pursuant to which FoxFur would assign WCIS-FM, W252AC, and
WCIO(FM) to Family in exchange for Family's station WOLF-FM1 (WCIS-FM, W252AC, WCIO(FM),
and WNDR-FM, collectively, the Stations). On the same date, FoxFur and Family also executed cross
Time Brokerage Agreements (TBA), whereby Family would broker 100 percent of the programming for
WCIS-FM and WCIO(FM), and FoxFur would.broker 100 percent of the programming for WOLF-FM.
On April 8, 2016, FoxFur and Family filed the April Assignment Applications seeking Commission
consent to assign the licenses for (1) WCIS-FM and W252AC from FoxFur to Family; (2) WCIO(FM)
from WOLF to Family; and (3) WOLF-FM from Family to FoxFur. The March 28, 2016, commencement
of the TBA resulted in FoxFur having an attributable interest in eight radio stations, five of which are FM
stations, in the Syracuse Metro, in violation of the local radio ownership rule, Section 73.3555(a)(1)(ii).2
On June 15, 2016, the Bureau issued a Notice of Apparent Liability for Forfeiture for the Violation and
dismissed the April Assignment Applications.3 On June 24, 2016, FoxFur filed the June Assignment
Applications. FoxFur timely filed a response to the NAL on July 14, 2016.
4. Because of the issues identified in the Bureau's investigation, the Parties have agreed to
enter into this Consent Decree, to which both FoxFur and the Bureau intend to be legally bound.
IV.
	
Agreement
5. The Parties acknowledge that any proceeding that might result from FoxFur's violation of
the Multiple Ownership Rule, referred to in Paragraph 3 above, would be time-consuming and require
substantial expenditure of public and private resources. In order to conserve such resources, and to
resolve the matter, the Parties are entering into this Consent Decree, in consideration of the mutual
commitments made herein.
6. FoxFur and the Bureau agree to be legally bound by the terms and conditions of this
Consent Decree. Both FoxFur and the Bureau each represent and warrant that its signatory is duly
authorized to enter into this Consent Decree on its behalf. FoxFur agrees that the Bureau has jurisdiction
over the matters contained in this Consent Decree.
7. The Parties agree and acknowledge that this Consent Decree shall constitute a final
settlement between FoxFur and the Bureau concerning FoxFur's Violation, 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 Violation in any action against FoxFur, provided that FoxFur
'At the time of the agreement, WOLF-FM's callsign was WNDR-FM.
2 See 47 CFR § 73.3555(a)(1)(ii) and Note 2(j) of Section 73.3555.
See FoxFur Communications, LLC, Memorandum Opinion and Order and Notice of Apparent Liability, 31 FCC
Rcd 6872 (MB 2016) (NAL).
2
Federal Communications Commission
	
DA 16-1022
satisfies all of its obligations under this Consent Decree. In the event that FoxFur fails to satisfi 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 the Violation, and/or the violation of this Consent Decree.
9.
	
FoxFur hereby stipulates that it violated the Multiple Ownership Rule to the extent
described in Paragraph 3 above.
10.
	
The Bureau has agreed to accept and FoxFur has agreed to make a civil penalty payment
to the United States Treasury in the amount of Sixteen Thousand Dollars ($16,000) within thirty (30)
calendar days after the Effective Date. FoxFur will also send electronic notification of payment to
Alexander Sanjenis at Alexander.Sanjenisfcc.gov and Michael Wagner at Michael.Wagnerfcc.gov on
the date said payment is made. Such payment will be made, without further protest or recourse to a trial
de 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 signlother 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 63 197-9000, 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) 41 8-4232 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.
11.
	
The Bureau will grant the pending June Assignment Applications for the Stations (File
Nos. BALH-20 I 60624ABP, BALFT-20 1 60624ABW, BALH-20 1 60624ABO, and BALH-20 1 60624ABS)
after the Effective Date, provided that the following conditions have been met: I) FoxFur has fully and
timely satisfied its obligation to make the payment referenced in Paragraph 10 of this Decree; and 2) there
are no issues other than the Violation that would preclude the grant of the June Assignment Applications.
12.
	
FoxFur represents that, as of the date of its execution of this Consent Decree, it fully
complies with the Multiple Ownership Rule.
13.
	
FoxFur 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
FoxFur fails to satisfy any condition, 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, designation of the matter for hearing, letters of admonishment, or forfeitures.
3
Federal Communications Commission
	
DA 16-1022
14.	The Consent Decree will be binding on FoxFur's successors-in-interest and assigns.
FoxFur 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.
15.
	
FoxFur waives any and all rights that 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 that the Order adopts the Consent Decree without change, addition or
modification.
16.
	
FoxFur waives any claims that it may otherwise have under the Equal Access to Justice
Act, 5 U.S.C. § 504 and 47 CFR § 1.1501 et seq., relating to the matters discussed in this Consent Decree.
17.
	
FoxFur and the Bureau agree that the effectiveness of this Consent Decree is expressly
contingent upon issuance of the Order, provided that the Order adopts the Consent Decree without
change, addition, or modification.
18.
	
If any Party (or the United States on behalf of the FCC) brings ajudicial action to enforce
the terms of the Order, none of the Parties shall contest the continuing validity of the Consent Decree or
the Order. FoxFur and the Bureau 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.
19.
	
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.
20.
	
This Consent Decree may be signed in counterparts andlor 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.
MEDIA BUREAU
FEDERAL COMMUNICATIONS COMMISSION
By:
William T. Lake, Chief
Date:
	
1J
FOXFUR COMMUNICATIONS, LLC
By:
	
Craig Foember'
Date:
4