Federal Communications Commission DA 17-689
1
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Mountain Broadcasting Corporation
Application for Renewal of License for Digital 
Television Station WMBC-TV
Newton, New Jersey
)
)
)
)
)
)
Facility ID No. 43952
FRN No. 0003746450
Acct. No. 201741420007
File No. BRCDT-20150126ABD
ORDER
Adopted:  August 2, 2017 Released:  August 2, 2017
By the Chief, Media Bureau: 
1. In this Order, we adopt the attached Consent Decree entered between the Media Bureau 
and Mountain Broadcasting Corporation (Mountain Broadcasting).  The Consent Decree resolves issues 
raised in our review of the above-captioned License Renewal Application for commercial full power 
television station WMBC-TV, Newton, New Jersey (Station), specifically regarding Mountain 
Broadcasting’s compliance at the Station with:  (1) Section 73.671(c)(5) of the Commission’s rules 
(Rules), which requires commercial broadcast television licensees to display the “E/I” symbol throughout 
the duration of all Core Programming;
1
(2) Section 73.673 of the Rules, which requires commercial 
broadcast television licensees to provide publishers of program guides information relating to Core 
Programming specifically designed to educate and inform children (i.e., Core Programming);
2
(3) Section 
73.3526(e)(11)(iii) of the Rules, which requires each licensee to prepare and place in its public inspection 
file a Children’s Television Programming Report (FCC Form 398) for each calendar quarter reflecting, 
among other things, the efforts it made during that quarter to serve the educational and informational 
needs of children;
3
and (4) Section 73.3514(a) of the Rules for failing to disclose its noncompliance with 
the aforementioned rules in its License Renewal Application and to provide complete and accurate 
information in its quarterly Children’s Television Programming Reports.
4
2. After reviewing its terms, we find that adopting the Consent Decree would serve the 
public interest.  We conclude that there are no substantial or material questions of fact regarding 
Mountain Broadcasting’s qualifications to remain a Commission licensee. We also conclude that the 
Consent Decree contains appropriate terms and conditions, including a Compliance Plan to ensure the 
Licensee’s ongoing compliance with Sections 73.671(c)(5), 73.673, 73.3526(e)(11)(iii), and 73.3514(a) of 
the Rules.
5
Therefore, the Media Bureau instructs its staff to grant the license renewal application, File 
                                                     
1
47 CFR § 73.671(c)(5). 
2
47 CFR § 73.673.
3
47 CFR § 73.3526(e)(11)(iii). 
4
47 CFR § 73.3514(a).
5
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 other violations by the licensee of the Act or Commission Rules 
or 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 
Federal Communications Commission DA 17-689
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No. BRCDT-20150126ABD, pursuant to Section 309(k)(2) of the Communications Act of 1934, as 
amended (Act). Grant shall be conditioned upon Mountain Broadcasting fully and timely satisfying its 
obligation to make the Settlement payment as called for by paragraph 13 of the Consent Decree and in the 
manner set forth by paragraph 15 of the Consent Decree. Thus, we need not determine whether Mountain 
Broadcasting 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 Communications Act 
of 1934, as amended,
7
and by the authority delegated by Sections 0.61 and 0.283 of the Commission’s 
rules,
8
the Consent Decree hereto IS ADOPTED.
4. IT IS FURTHER ORDERED that the investigation by the Commission into the matters 
discussed above and in connection with this station IS TERMINATED.
5. 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 Mountain Broadcasting
Corporation, 99 Clinton Road, West Caldwell, NJ 07006 and to its counsel, Arthur H. Harding, Esq., 
Garvey Shubert Barer, 1000 Potomac Street, Suite 200, Washington, D.C. 20007.
FEDERAL COMMUNICATIONS COMMISSION
Michelle M. Carey
Chief, Media Bureau
                                                                                                                                                                          
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).
6
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 CFR §§ 0.61, 0.283.
Federal Communications Commission DA 17-689
1
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Mountain Broadcasting Corporation
Application for Renewal of License for Digital 
Television Station WMBC-TV
Newton, New Jersey
)
)
)
)
)
)
Facility ID No. 43952
FRN No. 0003746450
Acct. No. 201741420007
File No. BRCDT-20150126ABD
CONSENT DECREE
1. The Media Bureau of the Federal Communications Commission (Bureau) and Mountain 
Broadcasting Corporation (Mountain Broadcasting or Licensee), licensee of full power station WMBC-
TV, Newton, New Jersey, hereby enter into this Consent Decree for the purposes of: (i) resolving the 
Bureau’s investigation of Mountain Broadcasting’s compliance with Sections 73.671(c)(5), 73.673, 
73.3526(e)(11)(iii), and 73.3514(a) of the Commission’s rules (Rules);
1
and (ii) facilitating the grant of 
Mountain Broadcasting’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 Commission 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) “Commission” or “FCC” means the Federal Communications Commission and all of its 
bureaus and offices.  
e) “Communications Laws” means, collectively, the Act, the Rules, and the published and 
promulgated orders and decisions of the Commission including, but not limited to, 47 
CFR §§ 73.671(c)(5), 73.673, 73.3514(a), 73.3526(e)(11)(iii).
f) “Core Programming” means programming specifically designed to serve the educational 
and informational needs of children and used for the purposes of demonstrating 
compliance with the CTA, as implemented by 47 CFR 73.671.
g) “CTA” means the Children’s Television Act of 1990, 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 Commission releases the Adopting Order.
j) “Investigation” means the Media Bureau’s investigation of Mountain Broadcasting’s
potential violations of the CTA and 47 CFR. §§ 73.671(c)(5), 73.673, 73.3514(a), 
73.3526(e)(11)(iii).
k) “License Renewal Application” means the license renewal application of station WMBC-
                                                     
1
47 CFR §§ 73.671(c)(5), 73.673, 73.3514(a), 73.3526(e)(11)(iii).
Federal Communications Commission DA 17-689
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TV, Newton, New Jersey, File No. BRCDT-20150126ABD.
l) “Parties” means Mountain Broadcasting Corporation and the Commission, each of which 
is a “Party.”
m) “Rules” means the Commission’s regulations found in Title 47 of the Code of Federal 
Regulations.
n) “Station” means the broadcast television station WMBC-TV, Newton, New Jersey.
o) “Mountain Broadcasting” means Mountain Broadcasting Corporation and its subsidiaries, 
affiliates, successors, assigns, and/or transferees.
II. BACKGROUND
3. On January 7, 2015, the Commission accepted for filing Mountain Broadcasting’s License 
Renewal Application for WMBC-TV, Newton, New Jersey (Station).  Upon reviewing documents filed 
by Mountain Broadcasting during the preceding license term,
2
Division staff discovered that the Station’s 
Q2 2010 Children’s Television Programming Report (FCC Form 398), in identifying Core Programming 
in response to Question 10, on its face reported that certain such programming failed to display the “E/I” 
symbol.  This discovery prompted the Division to send an informal inquiry to Mountain Broadcasting’s 
counsel requesting an explanation for the Station’s failure to display the “E/I” symbol on some of its Core 
Programing. As a result of this inquiry, Mountain Broadcasting voluntarily offered to undertake a 
comprehensive review of all its Form 398 filings during the period covered by its license renewal 
application.  Following a series of communications with Division staff, Mountain Broadcasting amended 
its License Renewal Application on February 6, 2016. The amended License Renewal Application 
revealed that the Station: (1) failed to display the “E/I” symbol during certain Core Programming aired on 
its supplemental digital streams in violation of Section 73.671(c)(5) of the rules; (2) voluntarily disclosed 
that it had failed, in certain quarterly periods, to provide the publishers of program guides the necessary 
children’s programming information, including the program’s targeted age group, in violation of 73.673 
of the Rules; (3) failed to disclose the aforementioned violations upon filing its License Renewal 
Application in violation of Section 73.3514(a) of the Rules; and (4) failed to comply with Section 
73.3526(e)(11)(iii) of the Rules by filing Children’s Television Program Reports (Form 398) containing 
various substantive errors.
3
  The amended License Renewal Application also reported certain remedial 
measures voluntarily implemented by Mountain Broadcasting to address the compliance issues described
above.
A. Failure to Properly Identify Children’s Television Programming
4. Section 73.671(c)(5) of the Rules requires a commercial broadcast television licensee to 
identify Core Programming by displaying the “E/I” symbol on the television screen throughout the 
duration of a program. In its License Renewal Application, Mountain Broadcasting admitted that it was 
not compliant with the Rules because it failed to display the “E/I” symbol when airing certain Core 
Programming in its supplemental digital streams from Q4 2009 through Q2 2015.
4
According to 
Mountain Broadcasting, the Christian Global Network (CGN) provided much of the Station’s Core 
                                                     
2
The Station’s preceding license term commenced on February 6, 2016, the date of grant of the Station’s previous 
license renewal application, see File No. BRCT-20070126AAF, and remains open. Although the current license for 
the Station bears an expiration date of June 1, 2015, by operation of Section 307(c)(3) of the Act, the preceding 
license term will continue until the Bureau grants the Station’s License Renewal Application by final action, at 
which time a new license term will commence. 47 U.S.C. § 307(c)(3).
3
License Renewal Application at Exhibits 26 and 28.
4
See License Renewal Application at Exhibit 28.  
Federal Communications Commission DA 17-689
3
Programming on one of its supplemental digital streams.
5
Mountain Broadcasting states that “[t]he fact 
that CGN is a worldwide network that supplies programming to countries that may not follow the FCC’s 
model for identifying children’s programming, coupled with the inherent obstacles posed by 
programming in a foreign language, may have contributed to the failure of certain children’s programs on 
CGN to properly display the [‘]E/I[’] symbol.”
6
  However, the fact that CGN may have failed to display 
the “E/I” symbol on the programming that it supplied to the Station does not relieve the Station or the 
Licensee of the responsibility for complying with the Rules.
7
5. Section 73.673 of the Rules requires a commercial broadcast television licensee to 
provide the publishers of program guides with “information identifying programming specifically 
designated to educate and inform children,” which includes information indicating the age group of 
children for whom the program is intended.
8
In its amended License Renewal Application, Mountain 
Broadcasting revealed that it failed to provide the publishers of program guides with some or all of the 
necessary children’s programming information for the Station’s main and/or supplemental digital streams 
from Q2 2007 through Q3 2016.
9
Therefore, Mountain Broadcasting was not compliant with Section 
73.673 of the Rules.
10
B. Failure to Report Violations
6. Section 73.3514(a) of the Rules requires each applicant to include all information that is 
requested by the FCC License Renewal Application Form (FCC Form 303-S).
11
Here, Mountain 
Broadcasting failed to properly answer Questions 7, 8, and 9 in Section IV of FCC Form 303-S upon 
filing its License Renewal Application for the Station and failed to correct such errors until being 
requested to do so by Division staff following its voluntarily review of its Form 398 filings.  Section IV, 
Question 7 of Form 303-S requires applicants to certify that “the average number of hours of Core 
Programming per week broadcast by the station totaled 3 hours or more,” as averaged over a six-month 
period; Section IV, Question 8 requires applicants to certify that it identified each “Core Program aired at 
the beginning of the airing of each program as required by 47 C.F.R. § 73.673;” and Section IV, Question 
9 requires applicants to certify that  it “provide[d] information identifying each Core Program aired on its 
station, including an indication of the target child audience, to publishers of program guides as required 
by 47 C.F.R. § 73.673.”
12
In its originally filed License Renewal Application, Mountain Broadcasting
incorrectly answered the aforementioned questions in the affirmative in violation of Section 733514(a).
                                                     
5
See Id.
6
Id.
7
Lincoln Broadcasting Company, Notice of Apparent Liability for Forfeiture, 30 FCC Rcd 69 (Vid. Div.  Jan. 7, 
2015) (“The fact that the Station believed that identification of children’s programming using the ‘E/I’ symbol 
would not make sense to its Korean speaking viewers does not relieve the Licensee of its duty to comply with 
Section 73.671 of the Rules”).
8
47 CFR § 73.673.
9
License Renewal Application at Exhibits 26 and 28.
10
See Blue Mountain Broadcasting Assoc., Notice of Apparent Liability for Forfeiture, 23 FCC Rcd 17883 (Vid. 
Div. Dec. 19, 2008) (“The Licensee’s failure . . . to provide to publishers of program guides information identifying 
the age group for which its core programming is intended constitutes apparent willful and repeated violations of 
Sections 73.3526(e)(11)(iii) and 73.673”).
11
“Each applicant shall include all information called for by the particular form on which the application is required 
to be filed, unless the information called for is inapplicable, in which case this fact shall be indicated.” 47 C.F.R. § 
73.3514(a).
12
See e.g. FCC Form 303-S available at: https://transition.fcc.gov/Forms/Form303-S/303s.pdf.
Federal Communications Commission DA 17-689
4
7. Section 73.3526(e)(11)(iii) of the Rules requires each licensee to prepare and place in its 
public inspection file a Children’s Television Programming Report (FCC Form 398) for each calendar 
quarter reflecting, among other things, the efforts that it made during that quarter to serve the educational 
and informational needs of children.
13
  As part of each report, the Licensee must disclose certain 
information concerning the children’s television programming aired by the station, including the average 
number of weekly Core hours aired on both its main and supplemental digital streams, average amount of 
total weekly programming aired on its supplemental stream, length of each children’s program aired, 
whether the Station notified the publishers of guides as required by Section 73.673 of the rules, and 
whether the station properly displayed the “E/I” symbol.
14
As discussed above, Mountain Broadcasting
failed to provide complete and accurate information in its Children’s Television Programming Reports 
from Q2 2007 through Q4 2016, almost the entire original preceding license term.
15
C. Conclusion
8. The Bureau and Mountain Broadcasting have negotiated the terms of the Consent Decree 
that terminates all investigations into the matters raised in this proceeding.  As part of the Consent 
Decree, Mountain Broadcasting has agreed: (1) to make a settlement payment of Seventeen Thousand 
Five Hundred Dollars ($17,500) to the U.S. Treasury; (2) to implement and maintain a Compliance Plan 
designed to ensure its future compliance with the children’s programming requirements and the 
Commission’s public file obligations; and (3) as part of the Compliance Plan, to implement a consumer 
education program on the meaning of the “E/I” symbol for their foreign language viewers.  
III. TERMS OF THE AGREEMENT
9. 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.
10. Jurisdiction.  Mountain Broadcasting agrees that the Commission has jurisdiction over it
and the matters contained in this Consent Decree, and that the Commission has the authority to enter into 
and adopt this Consent Decree.
11. 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.  
12. 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.
13. Termination of Investigation; Grant of Renewal Application.  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, Mountain Broadcasting agrees to the terms and conditions contained herein.  The Bureau 
further agrees to grant, absent any other restrictions, in conjunction with the adoption of this Consent 
Decree, the License Renewal Application. Grant of the License Renewal Application is conditioned on 
Mountain Broadcasting fully and timely satisfying its obligation to make a total Settlement Payment in 
the amount of $17,500 in the manner specified in paragraph 15 of this Consent Decree. In exchange, 
                                                     
13
47 CFR § 73.3526(e)(11)(iii). Note: 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 has been taken on the station’s next license renewal application.
14
See 47 CFR §§ 73.671(c), 73.673.
15
We find that Mountain Broadcasting did not intend to deceive or mislead the Commission.
Federal Communications Commission DA 17-689
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Mountain Broadcasting agrees to implement and maintain the Compliance Plan, outlined below. The 
Bureau further agrees that in the absence of new material evidence or failure by Mountain Broadcasting to 
satisfy the terms and conditions set forth in paragraphs 15 and 18 of the Consent Decree, 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 Mountain Broadcasting 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 
take any action on its own motion against Mountain Broadcasting with respect to Mountain 
Broadcasting’s basic qualifications, including its character qualifications, to be a Commission licensee or 
to hold Commission licenses or authorizations.
14. 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 
Mountain Broadcasting 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 Mountain Broadcasting 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.  
15. Settlement Payment.  Mountain Broadcasting agrees to make a total settlement payment
to the United States Treasury in the amount of Seventeen Thousand Five Hundred Dollars ($17,500) due 
within thirty (30) calendar days after the Effective Date. Mountain Broadcasting 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).
16
Mountain Broadcasting shall send electronic notification 
of payment to Darren Fernandez at darren.fernandez@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. An FCC Form 159 (Remittance Advice) must be submitted with payment unless 
payment is made online at the Commission’s Fee Filer website.
17
When completing 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 Mountain Broadcasting should 
follow based on the form of payment it selects:
18
? 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 
                                                     
16
Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996).
17
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.
18
Should Mountain Broadcasting have questions regarding payment procedures, it should contact 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 17-689
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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.  
16. Waivers.  Mountain Broadcasting 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 Consent Decree and the Adopting Order, provided the Bureau issues an Adopting Order as 
defined herein. Mountain Broadcasting shall retain the right to challenge the Bureau’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 Mountain 
Broadcasting nor the Commission shall contest the validity of the Consent Decree or the Adopting Order, 
and Mountain Broadcasting shall waive any statutory right to a trial de novo. Mountain Broadcasting
hereby agrees to waive any claims it may have under the Equal Access to Justice Act, 5 U.S.C. § 504 and 
47 CFR § 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 15 is not fully and timely satisfied by 
Mountain Broadcasting.
17. Admission of Liability.  Mountain Broadcasting admits to the facts discussed in 
paragraphs 3-7 regarding its failure to meet the requirements of Sections 73.671(c)(5), 73.673, 
73.3514(a), and 73.3526(e)(11)(iii) of the Rules. By entering into this Consent Decree, Mountain 
Broadcasting makes no other admission of liability or violation of any law, regulation or policy, and the 
Commission 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 13
hereof, or both, are breached by the Commission, or are invalidated or modified to the signatories’
prejudice by the Commission or any court, then, and in that event, the provisions of the immediately-
preceding sentences shall be of no force or effect.
18. Compliance Plan. In recognition that Mountain Broadcasting’s policies and practices 
regarding compliance with Sections 73.671(c)(5), 73.673, 73.3514(a), and 73.3526(e)(11)(iii) of the Rules 
can be enhanced to ensure compliance in the future, Mountain Broadcasting agrees that it will adopt and 
implement a compliance plan at the Station, and at any Station acquired by Mountain Broadcasting as 
well as any Station licensed to Mountain Broadcasting that becomes newly subject to the requirements of 
the CTA or Sections 73.671(c)(5), 73.673, 73.3514(a), and 73.3526(e)(11)(iii) of the Rules while the 
Compliance Plan remains in effect. Additionally, Mountain Broadcasting agrees to implement a 
consumer education program on the meaning of the “E/I” symbol for their foreign language viewers and 
report to the Bureau regarding its efforts. A copy of the plan is set forth below. Mountain Broadcasting
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 for a period of three years.
19. 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.  
20. 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 the Consent Decree to which Mountain Broadcasting expressly consents), 
that provision will be superseded by such rule or Commission order.  The Parties agree that nothing 
Federal Communications Commission DA 17-689
7
herein shall be deemed to preclude Mountain Broadcasting from seeking Bureau approval to modify the 
Compliance Plan described in paragraph 18 of the Consent Decree.
21. Successors and Assigns.  Mountain Broadcasting agrees that the provisions of this 
Consent Decree shall be binding on its subsidiaries, affiliates, successors, assigns, and/or transferees.  
22. Final Settlement.  The Parties agree and acknowledge that this Consent Decree shall 
constitute a final settlement between the Parties with respect to the Investigation.
23. Modifications.  This Consent Decree cannot be modified without the advance written 
consent of all Parties.
24. 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.
25. Authorized Representative.  The individual signing this Consent Decree on behalf of 
Mountain Broadcasting represents and warrants that he is authorized by Mountain Broadcasting to 
execute this Consent Decree and to bind Mountain Broadcasting to the obligations set forth herein. The 
FCC signatory represents that she is signing this Consent Decree in her official capacity and that she is 
authorized to execute this Consent Decree.
26. 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
MOUNTAIN BROADCASTING CORPORATION
By:
_____________________________
Joon S. Joo
President
_____________________________
Date
Federal Communications Commission DA 17-689
1
GSB:8729313.1 [23120.00100]
COMPLIANCE PLAN OF MOUNTAIN BROADCASTING CORPORATION
In order to ensure future compliance with the CTA, Rules, and the Act, Mountain Broadcasting
will institute the following procedures for any television broadcast station that is licensed, controlled, or 
subsequently acquired by it.  This Compliance Plan is meant to cover, but is not limited to, WMBC-TV, 
Newton, New Jersey. Unless otherwise provided, all terms defined in the Consent Decree apply to this 
Compliance Plan. The terms of this Compliance Plan shall remain in effect for a period of three years.
1. Mountain Broadcasting will designate a Compliance Officer responsible for responding to 
employee questions, consulting with FCC counsel regarding compliance matters, and ensuring all stations 
operate in compliance with the Rules and the Act, including but not limited to the CTA and Sections 
73.671(c)(5), 73.673, 73.3514(a), and 73.3526(e)(11)(iii) of the Rules. The name and contact information 
for the Compliance Officer shall be listed in a document and placed in the Station’s electronic public file 
under the folder entitled “FCC Investigations or Complaints.”
2. The Compliance Officer will oversee the dissemination of children’s programming 
information to the publishers of programming guides, the preparation and filing of all Children’s 
Television Programming Reports (FCC Form 398), the maintenance of the Station’s local public 
inspection file, and the preparation and filing of all other required FCC forms, applications, and 
documents in order to ensure compliance with the FCC’s rules and policies.
3. The Compliance Officer will work with Station staff and, as necessary, with third-party 
program suppliers to ensure that the “E/I” symbol is properly displayed on all Core Programming aired on 
the Station’s main and supplemental digital streams for the entire duration of all Core Programming. 
4. The Compliance Officer will work with appropriate Station staff and, as necessary, with 
third-party program suppliers to implement a consumer education program on the meaning of the “E/I” 
symbol for their foreign language viewers. Additionally, the Station will file with the Commission a 
written description of its consumer education program on the meaning of the “E/I” symbol within sixty 
(60) days of the Effective Date. The consumer education program may include public service 
announcements broadcast on the Station’s main and supplemental channels,
1
direct community outreach, 
and content on its website. The descriptive filing should be addressed to David Brown, Deputy Chief, 
Video Division, Media Bureau and an electronic copy should be sent via electronic mail to 
david.brown@fcc.gov.
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5. The Compliance Officer will conduct training for all Station employees and management at 
least once every twelve (12) months on compliance with FCC 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 
                                                     
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To the extent the Station does not have insertion capabilities during some of its foreign language programing, the 
Station should disclose such information to the Bureau in its filing and explain how the Station will integrate those 
viewers into its consumer education program.
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If the Station determines that its proposed consumer education program is not effectively communicating to its 
foreign language viewers the meaning of the “E/I” symbol, Mountain Broadcasting may file with the Commission a 
request for waiver of Section 73.671(e)(5) of the Rules. Such a waiver request should include why the waiver is 
appropriate and propose an on-screen solution that will allow viewers of foreign-language programming to identify, 
in a meaningful way that is consistent with the underlying purpose of the “E/I” symbol requirement, programming 
that is been specifically designed to educate and inform children. See KTVU, LLC, Notice of Apparent Liability for 
Forfeiture, 29 FCC Rcd 11693 (Vid. Div. Oct. 1, 2014). Absent the grant of such a request, Mountain Broadcasting
acknowledges that it is required to display the “E/I” symbol in the manner specified by Commission rules and 
precedent. Furthermore, absent the express written consent of the Bureau, Mountain Broadcasting shall maintain the 
consumer education program concerning the “E/I” symbol outlined above while the Compliance Plan remains in 
effect.
Federal Communications Commission DA 17-689
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aforementioned training has occurred shall be placed in the online electronic local public inspection file 
for the Station within five (5) business days after completion thereof.  
6. The Compliance Officer will be responsible for remaining knowledgeable on all 
developments in communications law that are 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. With regard to the last matter, Mountain Broadcasting 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.