Federal Communications Commission DA 17-540 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Pocatello Channel 15, L.L.C. Licensee of Station KPIF Pocatello, Idaho ) ) ) Facility ID: 86205 ) File No. BRCDT-20150409ABA ) Acct. No.: 201741420006 ) FRN: 0007699101 ORDER Adopted: June 2, 2017 Released: June 2, 2017 By the Chief, Media Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Media Bureau (Bureau) of the Federal Communications Commission (Commission) and Pocatello Channel 15, L.L.C. (Licensee). The Consent Decree resolves issues raised in our review of the above-captioned application for license renewal for television station KPIF, Pocatello, Idaho (Station), specifically regarding the Licensee’s compliance with (1) Section 73.3539(a) of the Rules 1 by failing to file in a timely manner with the Commission its license renewal application (Form 303-S); (2) Sections 73.3526 and 73.3580(h) of the Rules, which, inter alia, require broadcast stations to prepare and place certain documents in the Station’s online electronic local public inspection file, including but not limited to quarterly TV issues/programs lists and Children’s Television Programming Reports, and a statement certifying compliance with the requirement to air pre- and post-filing announcements related to the filing of its Renewal Application; 2 and (3) Section 301 of the Communications Act of 1934 3 by engaging in unauthorized operation of the Station. A copy of the Consent Decree is attached hereto and incorporated by reference. 2. After reviewing its terms, we find that the public interest would be served by adopting the Consent Decree. We conclude that there are no substantial or material questions of fact regarding the Licensee’s qualifications to remain a Commission licensee. Although we conclude that the Consent Decree contains appropriate terms and conditions, including a Compliance Plan to ensure the Licensee’s ongoing compliance with Section 73.3526 of the Rules, we believe that grant of a short-term renewal is appropriate in order to better ensure Pocatello’s ongoing operation of the Station in the public interest and its compliance with the aforementioned Rules and the Act. 4 Accordingly, staff is instructed to grant the 1 47 C.F.R. § 73.3539(a). 2 47 C.F.R. §§ 73.3526, 73.3580(h). 3 47 U.S.C. § 301. 4 Section 309(k)(1) of the Act states that the Commission shall grant a license renewal application “if it finds, with respect to that station, during the preceding term of its license—(a) the station has served the public interest, convenience, and necessity; (b) there have been no serious violations by the licensee of the Act or Commission rules and regulations; and (c) there have been no other violations by the licensee of the Act or Commission rules or regulations which, taken together, would constitute a pattern of abuse.” 47 U.S.C. § 309(k)(1). Section 309(k)(2) of the Act states, however, that if the licensee fails to meet this three-part standard, the Commission may deny the application—after notice and comment, and opportunity for hearing under Section 309(e) of the Act—“or grant the application on terms and conditions as are appropriate, including renewal for a term less than the maximum otherwise permitted.” 47 U.S.C. § 309(k)(2). 2Federal Communications Commission DA 17-540 renewal application pursuant to Section 309(k)(2) of the Communications Act of 1934, as amended (Act) 5 provided that the Licensee has fully and timely satisfied its obligation to make the Settlement Payment called for by paragraph 17 of the Consent Decree. As a result, we need not determine whether the Licensee committed “serious violations” of our rules or violations that constituted a “pattern of abuse” for purposes of Section 309(k)(1). 6 3. Accordingly, IT IS ORDERED, That, pursuant to Section 4(i) of the Act, 7 and by the authority delegated by Sections 0.61 and 0.283 of the Commission’s rules, 8 Consent Decree attached hereto IS ADOPTED. 4. IT IS FURTHER ORDERED, That, pursuant to Section 309(k)(2) of the Act, 9 the Media Bureau grants the application to renew the broadcast license of station KPIF, Pocatello, Idaho, File No. BRCDT - 20150409ABA, after the Effective Date of the Consent Decree, provided that the following conditions have been met: (1) Pocatello has timely and fully satisfied its obligation to make the Settlement Payment referenced in paragraph 17 of the Consent Decree, and (2) there are no issues other than the violations that are the subject of the Investigation that would preclude grant of the License Renewal Application. 5. IT IS FURTHER ORDERED, That the investigation by the Bureau into the matters discussed above and in connection with this station IS TERMINATED. 6. IT IS FURTHER ORDERED, That a copy of this Order and Consent Decree shall be sent by both First Class mail and Certified Mail, Return Receipt Requested, to Pocatello Channel 15, L.L.C, 3654West Jarvis Avenue, Skokie, Illinois, 60076, and to its counsel, Aaron Shainis, Shainis and Peltzman, Chartered, 1850 M Street, NW, Suite 240, Washington, DC 20036. FEDERALCOMMUNICATIONSCOMMISSION Michelle M. Carey Chief, Media Bureau 5 Id. 6 47 U.S.C. § 309(k)(1). See Shareholders of Univision Communications Inc. et al., Memorandum Opinion and Order, 22 FCC Rcd 5842, 5859, n.113 (2007) (“Given our finding that the grant of the renewal application is warranted under Section 309(k)(2) of the Act because the consent decree contains appropriate terms and conditions, we need not determine whether Univision committed ‘serious violations’ of our rules or violations that constituted ‘a pattern of abuse’ for purposes of Section 309(k)(1).”). 7 47 U.S.C. § 154(i). 8 47 C.F.R. §§ 0.61, 0.283. Federal Communications Commission DA 17-540 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Pocatello Channel 15, L.L.C. Licensee of Station KPIF Pocatello, Idaho ) ) ) Facility ID: 86205 ) NAL/Acct. No.: ) FRN: ) File No. BRCDT-20150409ABA ) CONSENT DECREE 1. The Media Bureau of the Federal Communications Commission (Commission) and Pocatello Channel 15, L.L.C. (Channel 15), licensee of station KPIF, Pocatello, Idaho, hereby enter into this Consent Decree for the purpose of: (i) resolving the Bureau’s investigation of the Licensee’s compliance with Sections 73.3539(a), 73.3526, and 73.3580 of the Commission’s rules as well Section 301 of the Act; 1 and (ii) facilitating the grant of-the Licensee’s above-captioned pending license renewal application. I. DEFINITIONS 2. For the purposes of this Consent Decree and Compliance Plan, 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 the terms of this Consent Decree without change, addition, deletion, or modification. c) “Bureau” means the Media Bureau of the Federal Communication Commission. d) “Commercial Limits Certification” means documentation demonstrating compliance with the Commission’s commercial limit rules pursuant to 47 C.F.R. § 73.670, as required by 47 C.F.R. § 73.3526(e)(11)(ii). e) “Commission” or “FCC” mean the Federal Communications Commission and all of its bureaus and offices. f) “Communications Laws” means, collectively, the Act, the Rules, and the published and promulgated orders and decisions of the Commission including but not limited to, 47 C.F.R. §§73.3539, 73.3580 and the Act. g) “CTA” means the Children’s Television Act, Pub L. No. 101-437, 104 Stat. 996-1000, codified at 47 U.S.C. §§ 303a, 303b, and 394. h) “Division” means the Video Division of the Media Bureau. i) “Effective Date” means the date on which the Bureau releases the Adopting Order. j) “Investigation” means the Media Bureau’s investigation of the Licensee’s compliance with the Communications Laws. 1 47 C.F.R. §§ 73.3539(a), 73.3526, and 73.3580; 47 U.S.C. § 301. Federal Communications Commission DA 17-540 2 k) “License Renewal Application” means the license renewal applications of station KPIF, Pocatello, Idaho, File No. BRCDT-20150409ABA. l) “Parties” means Pocatello and the Bureau, each of which is a “Party.” m) “Pocatello” or “Licensee” means Pocatello Channel 15, L.L.C. and its subsidiaries, affiliates, successors, assigns, and/or transferees. n) “Rules” means the Commission’s regulations found in Title 47 of the Code of Federal Regulations. o) “Station” means the broadcast television station KPIF, Pocatello, Idaho. II. BACKGROUND 3. On February 16, 2011, the Division cancelled the License and deleted the Station’s call sign. The Division explained that while Pocatello was granted a construction permit to flash-cut to digital operations on channel 15 as part of the digital transition, the construction permit expired on June 12, 2009 and Pocatello did not file an application for an extension of the permit or license to cover prior to expiration of the construction permit. 2 Pocatello filed a petition for reconsideration of that decision on March 21, 2011, which was denied on November 12, 2012. 3 On June 17, 2013, the Licensee filed an Application for Review of that denial. On October 14, 2014, Pocatello provided additional information regarding its operations prior to its license cancellation, and on October 15, 2014, the Division reinstated the License and KPIF’s call sign. 4 Upon reinstatement, fourteen days after its license had expired, staff instructed counsel for the Licensee by phone to immediately file a license renewal application. 4. On November 24, 2014, Pocatello filed a license to cover construction of a digital facility, which was granted on February 6, 2015. The terms on the face of that grant specified that it covered permit number BPCDT-20080304ACO, and stated that “[t]his license expires 3:00 a.m. local time, October 01, 2014.” On April 9, 2015, Pocatello filed the License Renewal Application. 5. Section 73.3539(a) of the Rules requires a broadcast television license renewal application to be filed “not later than the first day of the fourth full calendar month prior to the expiration date of the license sought to be renewed . . . .” 5 In accordance with Section 73.3539(a) of the Rules, the Licensee was required to file its license renewal application by June 1, 2014. However, because the Station’s license was cancelled at the time the Station’s Renewal Application was due, upon reinstatement of the license Division staff instructed by phone counsel for the Licensee to immediately file its license renewal application. The Licensee did not file its license renewal application for nearly six months. Section 301 of the Act states that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States without a license granted by the Commission. 6 Following reinstatement of the Station’s license the Licensee disregarded staff requests to immediately file a license renewal application and continued to operate the Station even though its license had expired. Furthermore, upon filing its Renewal Application the Station should have sought Special Temporary Authority (STA) to continue broadcasting while its application remained pending. No such 2 Letter from Associate Chief, Video Division, FCCMedia Bureau to Pocatello Channel 15, LLC (dated Feb. 16, 2011) (citations omitted). 3 Letter from Chief, Video Division, FCC Media Bureau to Pocatello Channel 15, LLC (dated Nov. 28, 2012). 4 Letter from Chief, Video Division, FCC Media Bureau to Pocatello Channel 15, LLC (dated Oct. 15, 2014). 5 47 CFR § 73.3539(a). 6 47 U.S.C. § 301. Federal Communications Commission DA 17-540 3 STA request was filed. 6. Section 73.3526 of the Rules requires each broadcast licensee to maintain a public file containing information related to a station’s operations. Section 73.3526(e)(11)(i) requires every commercial television licensee to place in its public file, on a quarterly basis, a TV issues/programs list which details programs that have provided the station’s most significant treatment of community issues during the preceding three-month period and must include a brief narrative of the issue addressed, as well as the time, date, duration, and title of each program that addressed the issue. Section 73.3526(e)(11)(ii) requires each such licensee to prepare and place in its public inspection file, on a quarterly basis, records sufficient to substantiate the Station’s certification, in its license renewal application, of compliance with the commercial limits on children’s programming. Section 73.3526(e)(11)(iii) requires each such licensee to prepare and place in its public inspection file a Children’s Television Programming Report (FCC Form 398) for each calendar quarter reflecting, inter alia, the efforts that it made during that quarter to serve the educational and informational needs of children. Licensees must file the reports with the Commission and place them in their public files by the tenth day of the succeeding calendar quarter. Copies of these documents must be retained until final action on the station’s next license renewal application. 7. In 2012, the Commission adopted section 73.3526(b) of the Rules, which requires licensees to upload elements of Stations’ physical public file to an on-line Commission hosted website (i.e., a Station’s e-pif). 7 The Commission’s e-pif requirement was implemented as a means to modernize the way that television broadcasters “inform the public about how they are serving their communities . . . .” 8 Broadcasters’ e-pif requirements were phased in between August 2012 and February 2013. Beginning August 2, 2012, stations were required to post any document that would otherwise be placed in a station’s public file, with limited exception, to their e-pif on a going-forward basis. By February 4, 2013, stations were required with limited exception to upload to their e-pif those documents that were already in their physical public file prior to August 2, 2012. 9 Under section 73.3526(b)(2) of the Rules, copies of a Station’s Commercial Limit Certifications, and TV issues/programs lists, among other items, must be placed in its e-pif. 8. In addition, Section 73.3580 requires each license renewal applicant to broadcast pre- and post-filing announcements of the filing of that application. In addition, sections 73.3526 and section 73.3580 require each such applicant to place in its public inspection file a statement certifying compliance with those announcement requirements. 10 9. Subsequent to the filing of the Renewal Application, a review of the Station’s on-line electronic local public inspection file (e-pif) by Division staff revealed that numerous required documents 7 See Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations, Extension of the Filing Requirement for Children’s Television Programming Report, Second Report and Order, 27 FCC Rcd 4535 (2012) (“Second R&O”) (requiring broadcast television stations to post their public inspection files, with limited exceptions, to an online Commission-hosted database). 8 Second R&O, 27 FCC Rcd at 4536. 9 See Effective Date Announced for Online Publication of Broadcast Television Public Inspection Files, Public Notice, 27 FCC Rcd 7478 (2012) (announcing effective date of electronic public file rule); Television Broadcast Stations Reminded of Their Online Public Inspection File Obligations, Public Notice, 27 FCC Rcd 15315 (2012) (reminding station’s to upload copies of existing public file documents to their electronic public file); Television Broadcast Stations Reminded of the Upcoming Public Inspection Filing Deadline, Public Notice, 28 FCC Rcd 429 (2013) (providing a final remainder to broadcasters to upload copies of existing public file documents to their electronic public file); see Second R&O, 27 FCC Rcd at 4580 (establishing compliance periods for complying with broadcasters new electronic public file requirement). 10 47 C.F.R. §§ 73.3526, 73.3580. Federal Communications Commission DA 17-540 4 were either missing or not timely filed. Specifically, staff review of the record before us indicated that since the initial issuance of KPIF’s license, the Licensee has committed the following violations: (1) failing to timely place in the Station’s e-pif copies of its quarterly commercial limit certifications for any quarter of 2008, 2009, 2010, and the first quarter of 2011; (2) failing to file in a timely manner the Station’s Children’s Television Programming Report for the last quarter of 2010 and the first quarter of 2011; (3) filing its quarterly commercial limit certifications from 2008 through 2011 more than five years late; (4) failing to file its Renewal Application more than five months after the reinstatement of its license; (5) operating the Station without authorization; and (6) failing to file TV issues/programs lists from 2008 through 2014. After being contacted by Division staff as to these deficiencies, the Licensee uploaded all missing file documents and amended the License Renewal Application to disclose its violations and explain that the failure to file was inadvertent. 11 10. The Bureau and the Licensee have negotiated the terms of the Consent Decree that terminates the Investigation into the matters discussed above. As part of the Consent Decree, the Licensee has agreed to make a settlement payment of Twenty Thousand Dollars ($20,000) to the U.S. Treasury, and to implement and maintain a Compliance Plan designed to ensure its future compliance with the Commission’s public file obligations, as set forth in the Act and Rules noted above for two (2) years after the Effective Date. III. TERMS OF THE AGREEMENT 11. Adopting Order. The Parties agree that the provisions of this Consent Decree shall be subject to final approval by the Bureau, which approval shall be evidenced by incorporation of the Consent Decree by reference in the Adopting Order. 12. Jurisdiction. Pocatello agrees that the Bureau has jurisdiction over it and the matters contained in this Consent Decree, and that the Bureau has the authority to enter into and adopt this Consent Decree. 13. Effective Date. The Parties agree that this Consent Decree shall become 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. 14. Violations. The Parties agree that 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. 15. Termination of Investigation; Grant of Short-Term Renewal. 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, Pocatello agrees to the terms and conditions contained herein. The Bureau further agrees to grant the License Renewal Application once Pocatello has fully and timely satisfied its obligation to make the payment of the Settlement Payment referenced in paragraph 17 of this Consent Decree for a period of two years from the date of such grant. In exchange, Pocatello agrees to implement and maintain the Compliance Plan, outlined below. The Bureau further agrees that in the absence of new material evidence it will not use the facts developed, in whole or in part, from the Investigation through the Effective Date, or the existence of this Consent Decree, to institute on its own motion any inquiries, investigations, forfeiture proceedings, hearings, or other sanctions or actions against Pocatello 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 the Investigation through the Effective Date, or the existence of this Consent Decree, to institute on its own motion any proceeding, formal or informal, or 11 Amended License Renewal Application at Exh. 6. Federal Communications Commission DA 17-540 5 take any action on its own motion against Pocatello with respect to Pocatello’s basic qualifications, including its character qualifications, to be a Commission licensee or to hold Commission licenses or authorizations. 16. Subsequent Investigations. Except as expressly provided in this Consent Decree, this Consent Decree shall not prevent the Commission from investigating new evidence of noncompliance by Pocatello with the Communications Laws. Nothing in this Consent Decree shall prevent the Commission or its delegated authority from adjudicating complaints or other adjudicatory pleadings filed against Pocatello for alleged violations of the Act or the Commission’s rules or for any other type of alleged misconduct, regardless of when such misconduct took place. The Commission’s adjudication of any such complaints or pleadings will be based solely on the record developed in that proceeding. 17. Settlement Payment. Pocatello agrees to make a total settlement payment to the United States Treasury in the amount of Twenty Thousand Dollars ($20,000), within six months after the Effective Date. Pocatello acknowledges and agrees that upon execution of this Consent Decree, the Settlement Payment shall become a “Claim” or “Debt” as defined in 31 U.S.C. § 3701(b)(1). 12 Pocatello shall send electronic notification of payment to Jeremy Miller at jeremy.miller@fcc.gov on the date said payment is made. The payment must be made by check or similar instrument, wire transfer, or credit card, and must include the FRN captioned above. 13 An FCC Form 159 (Remittance Advice) must be submitted with payment unless payment is made online at the Commission’s Fee Filer website. 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 Pocatello should follow based on the form of payment it selects: 14 ? 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. 18. Waivers. Pocatello waives any and all rights it may have to seek administrative or judicial reconsideration, review, appeal or stay, or to otherwise challenge or contest the validity of this 12 Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). 13 Payment may be made online at the Commission’s Fee Filer website: https://www.fcc.gov/encyclopedia/fee-filer. Online payments do not require payors to submit FCC Form 159. Alternatively, payment may be made using FCC Form 159; detailed instructions for completing the form may be obtained at http://www.fcc.gov/Forms/Form159/159.pdf. 14 Questions regarding payment procedures should be directed to the Financial Operations Group Help Desk by phone at 1-877-480-3201, or by e mail at ARINQUIRIES@fcc.gov. Federal Communications Commission DA 17-540 6 Consent Decree and the Adopting Order, provided the Bureau issues an Adopting Order as defined herein. Pocatello shall retain the right to challenge the Commission’s 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 Pocatello nor the Commission shall contest the validity of the Consent Decree or the Adopting Order, and Pocatello shall waive any statutory right to a trial de novo. Pocatello hereby agrees to waive any claims it may have under the Equal Access to Justice Act, 5 U.S.C. § 504 and 47 C.F.R. § 1.1501 et seq., relating to the matters addressed in this Consent Decree. Notwithstanding any provision of this Consent Decree or the Adopting Order, this Consent Decree shall be void and of no further force and effect if the condition specified in paragraph 17 is not fully and timely satisfied by Pocatello. 19. Admission of Liability. Pocatello admits to the facts discussed in paragraphs 3-10 regarding its failure to meet the requirements of the Communications Laws. By entering into this Consent Decree, Pocatello makes no other admission of liability or violation of any law, regulation or policy, and the Bureau makes no finding of any such liability or violation. Notwithstanding any other provision of this Consent Decree, it is expressly agreed and understood that if this Consent Decree, or paragraph 15 hereof, or both, are breached by the Commission or its delegated authority, or are invalidated or modified to the signatories’ prejudice by the Commission, its delegated authority, or any court, then and in that event the provisions of the immediately-preceding sentences shall be of no force or effect. 20. Compliance Plan. In recognition that Pocatello’s policies and practices regarding compliance the Communications Laws can be enhanced to ensure future compliance, Pocatello agrees that it will adopt and implement a compliance plan at the Station, and at any station acquired by Pocatello, as well as any station licensed to Pocatello that becomes newly subject to the requirements of the Communications Laws while the Compliance Plan remains in effect. A copy of the plan is set forth below. Pocatello agrees, to the extent that it has not already done so, to implement the Compliance Plan upon issuance of the Adopting Order and to keep such Compliance Plan in effect until Commission action on the Station’s next license renewal application is final. 21. Invalidity. In the event that this Consent Decree in its entirety is rendered invalid by any court of competent jurisdiction, it shall become null and void and may not be used in any manner in any legal proceeding. 22. Subsequent Rule or Order. The Parties agree that if any provision of the 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 Pocatello expressly consents) that provision will not be superseded by such rule or Commission order. 23. Successors and Assigns. Pocatello agrees that the provisions of this Consent Decree shall be binding on its subsidiaries, affiliates, successors, assigns, and/or transferees. However, if Pocatello or any of its principals are not principals of any successor entity, the obligations of the Consent Decree shall not be operative, conditioned upon payment in full of the Settlement Payment referenced in paragraph 17. 24. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall constitute a final settlement between the Parties with respect to the Investigation. 25. Modifications. This Consent Decree cannot be modified without the advance written consent of all Parties. 26. 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. 27. Authorized Representative. The individual signing this Consent Decree on behalf of Pocatello represents and warrants that he is authorized by Pocatello to execute this Consent Decree and to Federal Communications Commission DA 17-540 7 bind Pocatello to the obligations set forth herein. The Bureau signatory represents that she is signing this Consent Decree in her official capacity and that she is authorized to execute this Consent Decree. 28. Counterparts. This Consent Decree may be signed in any number of counterparts, each of which, when executed and delivered (including by pdf or facsimile), shall be an original, and all of which counterparts together shall constitute one and the same fully executed instrument. Federal Communications Commission By: Michelle M. Carey Chief, Media Bureau Date By: Kevin Bae Secretary Pocatello Channel 15, L.L.C. Date Federal Communications Commission DA 17-540 8 COMPLIANCE PLAN OF POCATELLO CHANNEL 15, L.L.C. In order to ensure future compliance with the Rules, and the Act, Pocatello Channel 15, L.L.C. (the Licensee) will institute the following procedures for any television or radio station that is licensed, controlled or subsequently acquired by it. This Compliance Plan is meant to cover, but is not limited to, KPIF, Pocatello, Idaho (the Station). Unless otherwise provided, all terms defined in paragraph 2 of the Consent Decree apply to this Compliance Plan. The terms of this Compliance Plan shall remain in effect until Commission action on the Station’s next license renewal application is taken and final. 1. In order to ensure compliance with the Commission’s related rules and policies the Compliance Officer will oversee, as applicable, the preparation and filing of all public file documents, the maintenance of its physical and electronic public files, the preparation and filing of all other required FCC Forms, and the payment of any applicable filing and regulatory fees. 2. The Compliance Officer will conduct training for all station employees and management at least once every twelve (12) months on compliance with Commission Rules applicable to his or her duties at the Station. The first training shall occur within thirty (30) days of the Effective Date. A certification that the aforementioned training has occurred shall be placed in the online electronic local public inspection file for the Station within three (3) business days. 3. The Compliance Officer will train any new employee within five (5) business days of commencement of his or her duties at the Station. 4. The Compliance Officer will be responsible for remaining up-to-date on developments in communications law applicable to the station and its operations. This may include consultation with an outside third-party, such as legal counsel, in order to obtain guidance on FCC compliance issues and to review all applications, documents, and reports prior to filing with the FCC. In regards to the last matter, the Licensee recognizes and acknowledges that any and all information provided to the FCC must completely and candidly set forth all relevant facts and circumstances, regardless of whether such submission may disclose a violation of the Rules or the Act. 5. The Compliance Officer will assemble the information necessary regarding all programming to fully and accurately complete the Station’s quarterly issues and programs lists, Children’s Television Programming Reports (FCC Form 398s) and all other filings required by the Rules and ensure that Pocatello timely satisfies all Commission filing requirements, working with other Station staff or outside counsel, as the Compliance Officer may deem appropriate. 6. A. The Compliance Officer and other appropriate staff of the Station, in consultation with the Licensee, will periodically determine the significant needs and problems of the residents of Pocatello, Idaho, and select programming that relates to such needs and problems, maintaining logs of the broadcast of all such programming over the Station. This information will be compiled into quarterly issues & programs lists and will be timely placed in the Station’s online public file. B. All such quarterly issues/programs lists will be signed and dated by their preparer before they are placed in the public file. 7. A. The Compliance Officer and other appropriate staff of the Station will log all children’s Core Programming broadcast by the Station, as defined by Section 73.671 of the Rules. These logs will be compiled into quarterly FCC Form 398s and will be timely placed in the Station’s online public file. B. All such Children’s Television Programming Reports will be signed and dated by their preparer before they are placed in the Station’s online public file. Federal Communications Commission DA 17-540 9 8. The Station Manager and other appropriate staff of the Station will comply with the Commission’s public file rule, Section 73.3526, by filing commercial limit certifications on a quarterly basis in the Station’s online public file. 9. In 2019, when the Station’s license is next up for renewal, the Compliance Officer and other appropriate staff of the Station will properly broadcast and file with the Commission local public notice announcements pursuant to Sections 73.3526(e)(13) and 73.3580(h) of the Rules. 10. Licensee will conduct annual audits, beginning one year from the Effective Date, of the Station’s public file. This exercise will terminate on the successful completion of the second annual public file audit. The second audit will be due on the anniversary of the first audit. 11. Licensee shall annually submit a sworn certification to the Commission, signed by the Licensee, that the Station's public file fully complies with the Public File Rules. 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 each annual public file audit pursuant to the preceding numbered paragraph 9 of this Compliance Plan.