Federal Communications Commission DA 22-526 Before the Federal Communications Commission Washington, D.C. 20554 In re Application of ) ) Elohim Group Corporation ) FRN: 0025751587 ) Facility ID No. 198747 For Renewal of License for ) File No. 0000141602 Station KPYM(FM) ) Matagorda, Texas ) MEMORANDUM OPINION AND ORDER Adopted: May 13, 2022 Released: May 13, 2022 By the Chief, Audio Division, Media Bureau: I. INTRODUCTION 1. We have before us the application (Application)1 filed by Elohim Group Corporation (Licensee) to renew its license for station KPYM(FM), Matagorda, Texas (Station), and FM translator station K286BW, Midland, Texas. We also have before us the Informal Objection (Objection) filed by Albert Adam David (David) against the Application, as it pertains to the Station, and related responsive pleadings.2 For the reasons set forth below, we grant the Application for a renewal period of one year from the date of this Memorandum Opinion and Order, instead of a full term of eight years, pursuant to section 309(k)(2) of the Communications Act of 1934, as amended (Act),3 and adopt the attached Consent Decree. II. BACKGROUND 2. Licensee disclosed in the Application that the Station had been silent since August 10, 2020.4 In the Objection, David argues that the Station’s license automatically expired pursuant to section 312(g) of Act on August 11, 2021, because the Licensee never filed a request for extension of the Station’s silent STA, nor did it file a notice of resumption of operations.5 3. In the Opposition, Licensee states that the Station resumed operations on April 15, 2021, that it has since filed the required notice that it has resumed broadcasting,6 that its failure to file the Resumption Notice earlier was an oversight, and that it was not required to file for an extension of its silent STA because it resumed operations within 180 days of the STA Letter.7 Licensee further argues 1 Application File No. 0000141602 (filed Mar. 29, 2021). 2 Pleading File No. 0000159524 (filed Sep. 17, 2021) (Objection). Licensee filed an Opposition to the Objection. Pleading File No. 0000160089 (filed Sep. 23, 2021) (Opposition). David file a Reply to the Opposition. Pleading File No. 0000177192 (filed Dec. 12, 2021) (Reply). 3 47 U.S.C. § 309(k)(2). 4 Application at Exhibit. See also File No. BLSTA-20200902AAN; Letter from Victoria McCauley, Audio Division, FCC Media Bureau, to Dan J. Alpert, Esq (Oct. 27, 2020) (STA Letter) (silent STA would expire 180 days from date of letter). 5 Objection at 1 (citing 47 U.S.C. § 312(g) (the license of any station that fails to transmit broadcast signals for any consecutive 12-month period expires automatically at the end of that period, unless extended or reinstated)). 6 See Resumption of Operations Notice (filed Sep. 23, 2021) (Resumption Notice). 7 Opposition at 1. Federal Communications Commission DA 22-526 that David presents no evidence that the Station is not operating, and thus there is no basis for finding that its license expired under section 312(g).8 4. In the Reply, David argues that the STA Letter required Licensee to notify the Commission when the Station resumed operations, but Licensee did not file the Resumption Notice until 43 days after the one year anniversary of the Station’s silence. 9 David also argues that Licensee’s oversight was a willful act.10 Accordingly, David argues that Licensee “did not present a valid defense” and the Station’s license should be cancelled and the Application dismissed.11 III. DISCUSSION 5. Objection. Informal objections to license renewal applications, like petitions to deny, must provide properly supported allegations of fact that, if true, would establish a substantial and material question of fact that grant of the application would be prima facie inconsistent with section 309(k) of the Act.12 Informal objections must also contain adequate and specific factual allegations sufficient to warrant the relief requested.13 For the reasons set forth below, we find that David has not met this burden. 6. Section 312(g) provides for the automatic expiration of the license of a broadcast station that is silent for a consecutive 12-month period.14 Congress adopted this simplified standard as an alternative to conducting revocation proceedings for stations that were silent for extended periods of time.15 David does not dispute Licensee’s assertion that the Station resumed operations prior to the section 312(g) expiration deadline, but argues that the failure to file the Resumption Notice is sufficient to trigger the expiration of a license pursuant to section 312(g). David provides no authority, and we are not aware of any, to support his claim that section 312(g) is trigged by a licensee’s administrative failure to timely file a resumption notice, and his reliance on the STA Letter is misplaced.16 Rather, section 312(g) is triggered by the failure to operate with authorized facilities for a consecutive 12-month period.17 Accordingly, we deny the Objection. 8 Id. 9 Reply at 1 (citing Staff Letter at 1 (“[Licensee] is required to notify the Commission when broadcast operations resume. If [Licensee] does not file the notification of resumption of operations in a timely manner, the license may be subject to cancellation pursuant to Section 312(g) of the Communications Act, as amended.”)). 10 Reply at 1-2 (citing 47 U.S.C. § 312(f)(1); Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387 (1991), recon. denied, Memorandum Opinion and Order, 7 FCC Rcd 3454 (1992); Standard Communications Corp., Memorandum Opinion and Order, 1 FCC Rcd 358 (1986)). 11 Reply at 2. 12 47 U.S.C § 309(d)-(e). See, e.g., WWOR-TV, Inc., Memorandum Opinion and Order, 6 FCC Rcd 193, 197 n.10 (1990), aff’d sub nom. Garden State Broad. L.P. v. FCC, 996 F.2d 386 (D.C. Cir. 1993), reh’g denied (D.C. Cir. Sept. 10, 1993); Area Christian Television, Inc., Memorandum Opinion and Order, 60 R.R.2d 862, 864, para. 6 (1986) (Area Christian) (stating informal objections must contain adequate and specific factual allegations sufficient to warrant the relief requested). 13 See Area Christian, 60 R.R.2d at 864, para. 6; WFBM, Inc., Memorandum Opinion and Order, 47 FCC 2d 1267, 1268, para. 3 (1974). 14 47 U.S.C. § 312(g). 15 Implementation of Section 403(1) of the Telecommunications Act of 1996, Order, 11 FCC Rcd 16599, 16599-600, paras. 2-3. (1996). 16 Notably, the STA Letter did not state the station’s license would be cancelled for failure to file a resumption notice, but merely warned such action was possible. STA Letter at 1 (“the license may be subject to cancellation”) (emphasis added). However, the staff practice in cases where a station has been silent for more than 12 months and failed to file a resumption notice is to issue a warning letter before declaring that a license has expired. Here, Licensee filed the Resumption Notice before the staff issued a warning letter. 17 See Eagle Broad. Group, Ltd. v. FCC, 563 F.3d 543, 545 (D.C. Cir. 2009). 2 Federal Communications Commission DA 22-526 7. Short-Term Renewal. Silence instead of operation in accordance with a station’s FCC authorization is a fundamental failure to serve a broadcast station’s community of license, because a silent station offers that community no public service programming such as news, public affairs, weather information, and Emergency Alert System notifications. Moreover, brief periods of station operation sandwiched between prolonged periods of silence are of little value because the local audience is not accustomed to tuning into the station’s frequency.18 8. The basic duty of broadcast licensees to serve their communities is reflected in section 309(k) of the Act.19 That section provides that if, upon consideration of a station’s license renewal application and related pleadings, we find that (1) the station has served the public interest, convenience, and necessity; (2) there have been no serious violations of the Act or the Commission’s rules (Rules); and (3) there have been no other violations which, taken together, constitute a pattern of abuse, we are to grant the renewal application.20 If, however, the licensee fails to meet that standard, the Commission may deny the application – after notice and opportunity for a hearing under section 309(e) of the Act – or grant the application “on terms and conditions that are appropriate, including a renewal for a term less than the maximum otherwise permitted.”21 9. In 2001, the Commission cautioned “all licensees that . . . a licensee will face a very heavy burden in demonstrating that it has served the public interest where it has remained silent for most or all of the prior license term.”22 It also acknowledged the agency’s longstanding policy to encourage stations to resume broadcast operations when license renewal applications were pending. However, the Commission noted that section 309(k)(1) applies a “backwards-looking standard” that does not give any weight to efforts to return a station to full-time operation in the future.23 The Commission held that denial of the renewal application of the station in question in Birach would be fundamentally unfair because the Commission had not provided sufficient notice of the effect the section 309(k)(1) standard would have on silent stations.24 Since the issuance of the Birach decision in 2001, licensees have been on notice as to how section 309(k)(1) applies to silent stations. 18 See Radioactive, LLC, Hearing Designation Order, 32 FCC Rcd 6392, para. 2 (2017). 19 47 U.S.C. § 309(k). See also 47 U.S.C. § 312(g). In addition to its enforcement of sections 309(k) and 312(g) of the Act, the Commission has stressed its interest in promoting efficient use of radio broadcast spectrum for the benefit of the public in several different contexts. See Policies to Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures, Third Report and Order, 26 FCC Rcd 17642, 17645, para. 7 (2011) (citing the Commission’s “fundamental interest” in expediting new radio service and preventing “warehousing” of scarce spectrum); 1998 Biennial Regulatory Review – Streamlining of Mass Media Applications, Rules, and Processes, Report and Order, 13 FCC Rcd 23056, 23090-93, paras. 83-90 (1998), on reconsideration, 14 FCC Rcd 17525, 17539, paras. 35-36 (1999); Liberman Broad. of Dallas License LLC, Letter, 25 FCC Rcd 4765, 4768 (MB 2010). 20 47 U.S.C. § 309(k)(1). The renewal standard was amended to read as described by section 204(a) of the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Sections 204(a) and 204(c) of the Telecomm. Act of 1996, Order, 11 FCC Rcd 6363 (1996). 21 47 U.S.C. §§ 309(k)(2), 309(k)(3). 22 See Birach Broad. Corp., Memorandum Opinion and Order, 16 FCC Rcd 5015, 5020, para. 13 (2001) (Birach). 23 Id. at para. 12 (“[C]onsideration of post-term developments is fundamentally at odds with this backwards-looking standard.”). 24 In Birach, the station was silent for the entire period (approximately two and one-half years) in which the license renewal applicant (Birach) held the license. Section 312(g) of the Act took effect during that period, and Birach returned the station to operation before that provision would have applied. See 47 U.S.C. § 312(g). The Commission stated: “The fact that Birach resumed WDMV operations only when faced with the potential license cancellation is not lost on us. Although we have concluded that Birach is qualified to be a licensee and that grant of the renewal application was proper, it is equally clear to us that Birach’s conduct as a licensee upon acquiring WDMV fell far short of the service commitment which most licensees fulfill to their communities of license on a daily basis.” Id., 16 FCC Rcd at 2021, para. 13. 3 Federal Communications Commission DA 22-526 10. In this case, Licensee’s conduct has fallen short of that which would warrant routine license renewal. Based on our review of the Application and related Commission records, we find that the Station was silent for 248 days during the license term that started on July 22, 2019,25 and ended on August 1, 2021. Licensee’s stewardship of the Station fails to meet the public service commitment which licensees are expected to provide to their communities of license on a daily basis because the Station was silent for a significant portion of the license term.26 11. On the facts presented here, we conclude that a short-term license renewal for the Station is the appropriate sanction. Although the Station sought Commission authorization for its period of silence, we cannot find that the Station served the public interest, convenience and necessity during the license term due to the extended period of non-operation. Additionally, as discussed below, Licensee failed to comply with the online public inspection file requirements set out in section 73.3526 of the Rules.27 Accordingly, pursuant to section 309(k)(2) of the Act, we will grant the Station a short-term license renewal, limited to a period of one year from the date of this letter.28 This limited renewal period will afford the Commission an opportunity to review the Station’s public service performance, as well as compliance with the Act and the Rules, and to take whatever corrective actions, if any, that may be warranted at that time. 12. Consent Decree. We adopt the attached Consent Decree entered into by the Bureau and Licensee. The Consent Decree resolves issues arising from the Bureau’s review of the Application. In particular, the Consent Decree resolves the Bureau’s investigation of Licensee’s compliance with the Online Public Inspection File Rule contained in section 73.3526 of the Rules.29 Licensee did not comply with its public file obligations in section 73.3526 because it failed to timely file any issues and programs lists during the Station’s license term.30 13. The Bureau and Licensee have negotiated the attached Consent Decree in which Licensee stipulates that it violated section 73.3526 of the Rules. Pursuant to the Consent Decree, Licensee agrees, among other things, to implement a comprehensive compliance plan to ensure future compliance with its online public inspection file obligations and, one year after entering into the Consent Decree, submit a compliance report to the Audio Division. 14. 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. 15. Based on the record before us, we conclude that nothing in that record creates a substantial and material question of fact as to whether Licensee possess the basic qualifications to be a Commission licensee. 25 See Notice of Consummation (filed July 27, 2019) (consummation of assignment of Station’s license completed on July 22, 2019). 26 See Fox Television Stations, Inc., Memorandum Opinion and Order, 29 FCC Rcd 9564, 9571 n. 40 (MB 2014) (Commission considers the licensee’s performance since the beginning of its most recent license term, but performance during the pendency of a renewal application is given less weight). 27 47 CFR § 73.3526 (Public File Rule). 28 See, e.g., South Seas Broad., Inc., Memorandum Opinion and Order and Notice of Apparent Liability, 24 FCC Rcd 6474 (MB 2008) (two-year renewal granted, NAL issued, for willfully and repeatedly violating 47 CFR § 73.1350 by engaging in operation of the station at an unauthorized site and willfully and repeatedly violating 47 CFR § 73.1740 by leaving the station silent without the proper authorization). 29 47 CFR § 73.3526. 30 47 CFR § 73.3526(e)(12). 4 Federal Communications Commission DA 22-526 IV. CONCLUSION/ACTION 16. ACCORDINGLY, IT IS ORDERED that the Informal Objection filed by Albert Adam David on September 17, 2021, IS DENIED. 17. IT IS FURTHER ORDERED pursuant to section 4(i), 4 (j) and 503(b) of the Communications Act of 1934, as amended,31 and by the authority delegated by sections 0.61 and 0.283 of the Commission’s rules,32 the Consent Decree attached hereto IS ADOPTED without change, addition or modification. 18. IT IS FURTHER ORDERED that the investigation by the Media Bureau of the matters noted above IS TERMINATED. 19. IT IS FRUTHER ORDERED that the license renewal application (File No. 0000141602) filed by Elohim Group Corporation for Station KPYM(FM), Matagorda, Texas, IS GRANTED pursuant to section 309(k)2) of the Communications Act of 1934, as amended,33 for a license term of one year from the date of this Memorandum Opinion and Order,34 and the license renewal application (File No. 0000141603) for FM translator station K286BW, Midland, Texas, IS GRANTED. 20. IT IS FURTHER ORDERED that copies of this Order shall be sent, by First Class and Certified Mail, Return Receipt Requested, to Elohim Group Corporation, c/o Sharai Guel, 8330 Lyndon B Johnson Freeway, Suite B310, Dallas, TX 75243, and to its counsel, Dan J. Alpert, Esq., 2120 21st Road N., Arlington, VA 22201. FEDERAL COMMUNICATIONS COMMISSION Albert Shuldiner Chief, Audio Division Media Bureau 31 47 U.S.C. § 154(i)6 154(j), and 503(b). 32 47 CFR §§ 0.61, 0.283. 33 47 U.S.C. § 309(k)(2). 34 The date set in this letter for the new license term supersedes any notice generated from the FCC Licensing and Management System (LMS). 5 Federal Communications Commission DA 22-526 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Online Public Inspection Files of ) File No.: 0000141602 ) Elohim Group Corporation ) FRN: 0025751587 ) Licensee of Station KPYM(FM) ) Matagorda, Texas ) CONSENT DECREE 1. The Media Bureau of the Federal Communications Commission and Elohim Group Corporation (hereafter “Licensee,” as defined below), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Media Bureau’s investigation into the Licensee’s compliance with section 73.3526 of the Commission’s rules,1 relating to the maintenance of online public inspection files. To resolve this matter, the Licensee agrees to implement a comprehensive Compliance Plan to ensure its future compliance with section 73.3526. V. 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) “Adopting Order” means an 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 Commission. (d) “Commission” or “FCC” means the Federal Communications Commission and all of its bureaus and offices. (e) “Covered Employees” means all employees and agents of the Licensee, including students who are enrolled at Licensee, who are responsible for performing, supervising, overseeing, or managing activities related to the maintenance of online public inspection files, as required by the Online Public Inspection File Rule. (f) “Effective Date” means the date by which both the Bureau and the Licensee have signed the Consent Decree. (g) “Investigation” means the Bureau’s decision to hold and not process the Licensee’s license renewal application identified in Appendix A due to the noncompliance with its public file obligations. (h) “Licensee” means Elohim Group Corporation and its affiliates, subsidiaries, predecessors-in-interest, and successors-in-interest. (i) “Online Public Inspection File Rule” means 47 CFR § 73.3526. (j) “Parties” means the Licensee and the Bureau, each of which is a “Party.” (k) “Rules” means the Commission’s regulations found in Title 47 of the Code of Federal Regulations. 1 47 CFR § 73.3526. Federal Communications Commission DA 22-526 VI. BACKGROUND 3. Section 73.3526 requires radio station licensees to maintain an online public inspection file and to upload certain documents to the Commission’s public inspection file database throughout the year. It is crucial that stations maintain online public inspection files that are complete and up to date because the information in them directly affects, among other things, the public’s ability to be informed about a station’s compliance with its obligations. 4. The Licensee owns and operates one or more radio stations licensed by the Commission. The Licensee recently filed an application for renewal of radio station licenses. Further, we have determined that the Licensee did not comply with the Online Public Inspection File Rule. That application is identified in Appendix A. Based on the Licensee’s noncompliance with the Online Public Inspection File Rule, the Bureau commenced the Investigation and suspended processing that license renewal application. 5. The radio industry is recovering from a recent dramatic reduction in sponsorship revenues which, in turn, placed the industry, including the Licensee, under significant, ongoing financial stress. The Bureau believes that the exceptional circumstances brought about by the industry’s economic situation present a unique situation which, on balance, warrant resolution of the Bureau’s investigation under the terms and conditions described below. VII. TERMS OF AGREEMENT 6. Adopting Order. The provisions of this Consent Decree shall be incorporated by the Bureau in an Adopting Order. 7. Jurisdiction. The Licensee agrees that the Bureau has jurisdiction over it and the matters contained in this Consent Decree and has the authority to enter into and adopt this Consent Decree. 8. Effective Date. The Parties agree that this Consent Decree shall become effective on the Effective Date. As of the Effective Date, the Parties agree that this Consent Decree shall have the same force and effect as any other order of the Commission. 9. Termination of Investigation. In express reliance on the covenants and representations in this Consent Decree and to avoid further expenditure of public resources, the Bureau agrees to terminate the Investigation. In addition, the Bureau agrees to process the Licensee’s pending radio license renewal application identified in Appendix A in the ordinary course. In consideration for such, the Licensee agrees to the terms, conditions, and procedures contained herein. 10. The Bureau agrees that, in the absence of new material evidence, the Bureau will not use the facts developed in this Investigation through the Effective Date, or the existence of this Consent Decree, to institute, on its own motion or in response to any petition to deny or other third-party objection, any new proceeding, formal or informal, or take any action on its own motion against the Licensee 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 to set for hearing the question of the Licensee’s basic qualifications to be a Commission licensee or to hold Commission licenses or authorizations.2 11. Admission of Liability. The Licensee admits for the purpose of this Consent Decree that it failed to timely place records in its online public inspection file, in repeated violation of section 73.3526 of the Rules. 2 See 47 CFR § 1.93(b). 2 Federal Communications Commission DA 22-526 12. Pursuant to section 503(b)(2)(E) of the Act, in exercising its forfeiture authority, the Commission may consider, among other things, “any history of prior offenses” by the licensee.3 The Licensee acknowledges that the Commission or its delegated authority may consider the Licensee’s admission of liability in this Consent Decree in proposing any future forfeiture against Licensee in the event the Licensee is determined to have apparently committed a violation of the Act, the Rules, or of any orders of the Commission after the Effective Date, whether related to the online public inspection file and record keeping or otherwise. 13. Compliance Officer. Within 30 calendar days after the Effective Date, the Licensee shall designate a senior manager or outside legal counsel to serve as a Compliance Officer and to discharge the duties set forth below. The Compliance Officer shall report directly to the Licensee’s Chief Executive Officer (or equivalent senior officer/owner) on a regular basis, and shall be responsible for developing, implementing, and administering the Compliance Plan and ensuring that the Licensee complies with the terms and conditions of the Compliance Plan and this Consent Decree. The Compliance Officer shall have specific knowledge of the Online Public Inspection File Rule prior to assuming his/her duties. The Bureau acknowledges that the Compliance Officer, Chief Executive Officer, and/or owner may be the same individual. 14. Compliance Plan. For purposes of settling the matters set forth herein, the Licensee agrees that he shall, within 30 calendar days after the Effective Date, develop and implement a Compliance Plan designed to ensure future compliance with the Online Public Inspection File Rule, and with the terms and conditions of this Consent Decree. The Compliance Plan, with the exception of the Compliance Report described below in paragraph 14(c), shall apply to all radio stations owned by the Licensee. The Compliance Plan shall contain, at a minimum, the following elements: a) Compliance Manual. The Compliance Plan shall include a Compliance Manual that is distributed to all Covered Employees. The Licensee may adopt a Compliance Manual that he has prepared or one that has been prepared by an outside source, such as a trade association (e.g., the National Association of Broadcasters), another licensee, or a law firm. The Compliance Manual shall: i. thoroughly explain the requirements embodied in the Online Public Inspection File Rule; ii. contain Operating Procedures that Covered Employees must follow to help ensure the Licensee’s compliance with the Online Public Inspection File Rule. The Operating Procedures shall include internal procedures and policies specifically designed to ensure that the Licensee’s stations upload all required information to their online public inspection files in a timely manner and otherwise maintain full, complete, and up to date information therein. The Operating Procedures shall also include a compliance checklist that describes the steps that a Covered Employee must follow to ensure compliance with the Online Public Inspection File Rule; and iii. be periodically reviewed and revised as necessary to ensure that the information set forth therein remains current, complete, accurate, and effective. b) Compliance Training Program. If the Licensee has Covered Employees, the Compliance Plan shall include a Compliance Training Program to provide periodic training to those Covered Employees on complying with the Online Public Inspection File Rule. As part of the compliance training program, Covered Employees shall be advised of the Licensee’s obligation to report any noncompliance with the Online Public Inspection File Rule and shall be instructed on how to disclose noncompliance to the Compliance Officer. All Covered Employees shall receive initial training under the compliance training program within 30 calendar days after the Effective Date, except that any person who becomes a Covered 3 See 47 U.S.C. § 503(b)(2)(E). 3 Federal Communications Commission DA 22-526 Employee at any time after such initial training is provided shall receive training under the compliance training program within 30 calendar days after the date he or she becomes a Covered Employee. The Licensee shall provide training under the compliance training plan on at least an annual basis, and he shall periodically review and revise the compliance training program as necessary to ensure that it remains current, complete, and effective. c) Compliance Report. One year after entering into this Consent Decree, the Licensee shall submit a compliance report to the Bureau for each station listed in Appendix A. The compliance report shall contain a certification of the Licensee’s compliance with the Online Public Inspection File Rule during the previous year. The compliance report shall be submitted to the Bureau no later than 30 days after the one-year anniversary of the Effective Date. The Bureau may, within its sole discretion, require the Licensee to submit more frequent or additional compliance reports in accordance with the terms of paragraph 15 below. i. The compliance report shall include a certification by the Compliance Officer stating that the Compliance Officer has personal knowledge that the Licensee: (i) has established and implemented the Compliance Plan; (ii) has utilized the operating procedures since the implementation of the Compliance Plan; and (iii) is not aware of any instances of noncompliance with the terms and conditions of this Consent Decree. ii. The Compliance Officer’s certification shall be accompanied by a statement explaining the basis for such certification and must comply with section 1.16 of the Rules,4 and be subscribed to as true under penalty of perjury in substantially the form set forth therein. iii. If the Compliance Officer is unable to provide the requisite certification, the Compliance Officer shall provide the Bureau with a report detailing the noncompliance, as described below. iv. The compliance report shall be submitted to the Audio Division staff: Alexander Sanjenis (alexander.sanjenis@fcc.gov). 15. Reporting Noncompliance. The Licensee shall, for each station it owns, report any instance of noncompliance with the Online Public Inspection File Rule, and any instance of noncompliance with any applicable terms and conditions of this Consent Decree within 10 calendar days after discovery of such noncompliance. Such reports shall include a detailed explanation of: (i) each such instance of noncompliance; (ii) the steps that the Licensee has taken or will take to remedy such noncompliance, including the schedule on which such actions will be taken; and (iii) the steps that the Licensee has taken or will take to prevent the recurrence of any such noncompliance, including the schedule on which such preventative action will be taken. All reports of noncompliance shall be submitted to the Audio Division staff: Alexander Sanjenis (alexander.sanjenis@fcc.gov). 16. Termination Date. The obligations to which the Licensee is subject pursuant to this Consent Decree shall terminate upon submission of the Compliance Report pursuant to Paragraph 14(c), provided the Bureau is satisfied that the Licensee has demonstrated substantial compliance with its obligations. If the Bureau is not satisfied that the Licensee has demonstrated substantial compliance with its obligations, the Bureau may, within its the sole discretion and authority, extend the termination date of this Consent Decree for up to an additional 24 months. 17. Further Violation(s). The Licensee acknowledges that the Bureau retains the discretion and authority to propose sanctions against the Licensee, including the issuance of notices of apparent 4 47 CFR § 1.16. 4 Federal Communications Commission DA 22-526 liability for forfeitures, for any apparent willful and/or repeated violation by the Licensee of the Online Public Inspection File Rule that occurs during the term of this Consent Decree. 18. Waivers. As of the Effective Date, the Licensee 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. The Licensee shall retain the right to challenge Commission 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 Consent Decree or Adopting Order, neither the Licensee nor the Commission shall contest the validity of the Consent Decree or the Adopting Order, and the Licensee shall waive any statutory right to a trial de novo. The Licensee hereby agrees to waive any claims it may have under the Equal Access to Justice Act5 relating to the matters addressed in this Consent Decree. 19. Severability. The Parties agree that if any of the provisions of the Consent Decree shall be held unenforceable by any court of competent jurisdiction, such unenforceability shall not render unenforceable the entire Consent Decree, but rather the entire Consent Decree shall be construed as if not containing the particular unenforceable provision or provisions, and the rights and obligations of the Parties shall be construed and enforced accordingly. 20. 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. 21. Subsequent Rule or Order. The Parties agree that if any provision of this Consent Decree conflicts with any subsequent Rule or Order adopted by the Commission (except an order specifically intended to revise the terms of this Consent Decree to which the Licensee does not expressly consent) that provision will be superseded by such Rule or Order. 22. Successors and Assigns. The Licensee agrees that the provisions of this Consent Decree shall be binding on its successors, assigns, and transferees. 23. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall constitute a final settlement between the Parties with respect to the Investigation. 24. Modifications. This Consent Decree cannot be modified without the advance written consent of both Parties. 25. 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. 26. Authorized Representative. Each Party represents and warrants to the other that it has full power and authority to enter into this Consent Decree. Each person signing this Consent Decree on behalf of a Party hereby represents that he or she is fully authorized by the Party to execute this Consent Decree and to bind the Party to its terms and conditions. 5 See 5 U.S.C. § 504; 47 CFR §§ 1.1501-1.1530. 5 Federal Communications Commission DA 22-526 27. Counterparts. This Consent Decree may be signed in counterpart (including electronically or by facsimile). Each counterpart, when executed and delivered, shall be an original, and all of the counterparts together shall constitute one and the same fully executed instrument. ______________________________________ Albert Shuldiner Chief, Audio Division ___________5/13/2022__________________ Date _____________________________________ Sharai Guel Elohim Group Corporation ____________________________________ Date 6   Federal Communications Commission  DA 22‐XXX      27. Counterparts.  This Consent Decree may be signed in counterpart (including electronically or  by facsimile).  Each counterpart, when executed and delivered, shall be an original, and all of the  counterparts together shall constitute one and the same fully executed instrument.          ______________________________________  Albert Shuldiner  Chief, Audio Division       _____________________________  Date        _____________________________________  Sharai Guel  Elohim Group Corporation    05/09/2022  ____________________________________  Date    7  Federal Communications Commission DA 22-526 Appendix A Station Call Sign Community of License Application for License Renewal File No. KPYM(FM) Matagorda, TX 0000141602 7