Federal Communications Commission DA 23-663 Before the Federal Communications Commission Washington, D.C. 20554 In re Application of ) ) Oklahoma Catholic Broadcasting, Inc. ) NAL/Acct. No. MB-202341410017 ) FRN: 002413611 For Renewal of License for ) Facility ID No. 191538 Station KEUC(FM) ) File No. 0000134956 Ringwood, Oklahoma ) ORDER Adopted: August 7, 2023 Released: August 7, 2023 By the Chief, Audio Division, Media Bureau: 1. In this Order, we adopt the attached Consent Decree entered into by the Media Bureau (Bureau) and Oklahoma Catholic Broadcasting, Inc. (Licensee), the licensee for Station KEUC(FM), Ringwood, Oklahoma (Station). The Consent Decree resolves issues arising from the Bureau’s review of the captioned license renewal application (Application) for the Station. In particular, the Consent Decree resolves the Bureau’s investigation of Licensee’s compliance with sections 73.1740(a)(4) and 73.3527 of the Commission’s rules (Rules).1 The Bureau’s Audio Division suspended processing of the Application because Licensee discontinued Station operation without timely requesting special temporary authority and did not comply with its online public inspection file obligations. 2. The Bureau and Licensee have negotiated the attached Consent Decree in which Licensee stipulates that it violated sections 73.1740(a)(4) and 73.3527 of the Rules. Pursuant to the Consent Decree, Licensee agrees, among other things, to make a civil penalty payment to the United States Treasury in the amount of five thousand dollars ($5,000), 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. 3. After reviewing the terms of the Consent Decree, we find that the public interest will be served by its approval and by terminating all pending proceedings relating to the Bureau’s consideration of potential violations of the Rules, and granting the Application. Grant shall be conditioned upon Licensee fully and timely satisfying its obligation to pay the Civil Penalty in the manner set forth in paragraph 13 of the attached Consent Decree. 4. 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. 5. ACCORDINGLY, IT IS ORDERED that, pursuant to section 4(i), 4 (j) and 503(b) of the Communications Act of 1934, as amended,2 and by the authority delegated by sections 0.61 and 0.283 of the Commission’s rules,3 the Consent Decree attached hereto IS ADOPTED without change, addition or modification. 6. IT IS FURTHER ORDERED that the investigation by the Media Bureau of the matters noted above IS TERMINATED. 1 47 CFR § 73.3527. 2 47 U.S.C. § 154(i)6 154(j), and 503(b). 3 47 CFR §§ 0.61, 0.283. Federal Communications Commission DA 23-663 7. IT IS FURTHER ORDERED that the application of Oklahoma Catholic Broadcasting, Inc., for renewal of license for Station KEUC(FM), Ringwood, Oklahoma (Application File No. 0000134956) IS GRANTED, as conditioned herein. 8. IT IS FURTHER ORDERED that copies of this Order shall be sent, by First Class and Certified Mail, Return Receipt Requested, to Oklahoma Catholic Broadcasting, Inc., c/o Jeffrey Finnell, PO Box 1612, Norman, OK 73070, and to its representative, Jason Bennett, FM Expansion Group, LLC, 7107 South Yale #444, Tulsa, OK 74136, FEDERAL COMMUNICATIONS COMMISSION Albert Shuldiner Chief, Audio Division Media Bureau 2 Federal Communications Commission DA 23-663 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Online Public Inspection Files of ) ) Oklahoma Catholic Broadcasting, Inc. ) NAL/Acct. No. MB-202341410017 ) FRN: 002413611 Licensee of Station KEUC(FM) ) Facility ID No. 191538 Ringwood, Oklahoma ) File No. 0000134956 CONSENT DECREE 1. The Media Bureau of the Federal Communications Commission and Oklahoma Catholic Broadcasting, Inc. (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 73.3527 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 73.3527. I. 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) “Application” means the pending application for renewal of license for Station KEUC(FM), Ringwood, Oklahoma (Application File No. 0000134956), (d) “Bureau” means the Media Bureau of the Commission. (e) “Commission” or “FCC” means the Federal Communications Commission and all of its bureaus and offices. (f) “Covered Employees” means all employees, volunteers, and agents of the 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. (g) “Effective Date” means the date by which both the Bureau and the Licensee have signed the Consent Decree. (h) “Investigation” means the Bureau’s decision to hold and not process the Licensee’s license renewal application due to its failure to comply with sections 73.1740(a)(4) and 73.3527 of the Rules. (i) “Licensee” means Oklahoma Catholic Broadcasting, Inc., and its affiliates, subsidiaries, predecessors-in-interest, and successors-in-interest. (j) “Online Public Inspection File Rule” means 47 CFR § 73.3527. (k) “Parties” means the Licensee and the Bureau, each of which is a “Party.” 1 47 CFR § 73.3527. Federal Communications Commission DA 23-663 (l) “Rules” means the Commission’s regulations found in Title 47 of the Code of Federal Regulations. (m) “Station” means Station KEUC(FM), Ringwood, Oklahoma (n) “Violations” means the Licensee’s noncompliance with sections 73.1740(a)(4) and 73.3527 of the Rules. II. BACKGROUND 3. Section 73.3527 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.2 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. The Application disclosed that Licensee had not complied with this rule..3 4. Section 73.1740(a)(4) of the Rules require radio stations to notify the Commission within 10 days of temporarily discontinuing operations, and to obtain Commission authorization if the discontinued operations last beyond 30 days.4 Application disclosed that the Station was silent for a period of almost 12 months, from February 22, 2018, to January 22, 2019.5 Licensee should have notified the FCC of the Station’s discontinued operations no later than March 4, 2018, but did not. Additionally, Licensee should have filed request for special temporary authority for the Station to remain silent on March 24, 2018. 5. The Bureau and 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 maintain a Compliance Plan designed to ensure its future compliance with the Online Public Inspection File Rule noted above for one (1) year after the Effective Date, and to pay a civil penalty of Five Thousand Dollars ($5,000) to the U.S. Treasury. III. 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 grant the Licensee’s pending Application (Application File No. 0000134956). 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 2 47 CFR § 73.3527. 3 Application at Attach. “KEUC License Renewal Explanations.pdf”. 4 47 CFR § 73.1740(a)(4). 5 Application at Attach. “KEUC License Renewal Explanations.pdf”. 2 Federal Communications Commission DA 23-663 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.6 11. Admission of Liability. The Licensee admits for the purpose of this Consent Decree that it failed to seek Commission authorization for the Station to remain silent for more than 30 days, in violation of section73.1740(a)(4) of the Rules, and failed to timely place records in its online public inspection file, in repeated violation of sections 73.3527 of the Rules. 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.7 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. Civil Penalty. Licensee agrees to pay the Civil Penalty to the United States Treasury in the amount of Five Thousand Dollars ($5,000) within thirty (30) calendar days after the Effective Date. . Licensee acknowledges and agrees that upon execution of this Consent Decree, the Civil Penalty shall become a “Claim” or “Debt” as defined in section 3701(b)(1) of the Debt Collection Improvement Act of 1996.8 14. Payment. Licensee will also send electronic notification of payment to Alexander Sanjenis at Alexander.Sanjenis@fcc.gov on the date said payment is made. Payment of the forfeiture must be made by credit card, ACH (Automated Clearing House) debit from a bank account using the Commission’s Fee Filer (the Commission’s online payment system),9 or by wire transfer. The Commission no longer accepts forfeiture payments by check or money order. Below are instructions that payors should follow based on the form of payment selected:10 • Payment by wire transfer must be made to ABA Number 021030004, receiving bank TREAS/NYC, and Account Number 27000001. A completed Form 159 must be faxed to the Federal Communications Commission at 202-418-2843, or e-mailed to RROGWireFaxes@fcc.gov on the same business day the wire transfer is initiated. Failure to provide all required information in Form 159 may result in payment not being recognized as having been received. When completing Form 159, enter the Account Number in block number 23A (call sign/other ID), enter the letters “FORF” in block number 24A (payment type code), and enter in block number 11 the FRN(s) captioned above (Payor FRN).11 For additional detail and wire transfer instructions, go to https://www.fcc.gov/licensing- databases/fees/wire-transfer. 6 See 47 CFR § 1.93(b). 7 See 47 U.S.C. § 503(b)(2)(E). 8 Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996). 9 Payments made using the Commission’s Fee Filer system do not require the submission of an FCC Form 159. 10 For questions regarding payment procedures, please contact the Financial Operations Group Help Desk by phone at 1-877-480-3201 (option #6), or by e-mail at ARINQUIRIES@fcc.gov. 11 Instructions for completing the form may be obtained at https://transition.fcc.gov/Forms/Form159/159.pdf. 3 Federal Communications Commission DA 23-663 • Payment by credit card must be made by using the Commission’s Fee Filer website at https://apps.fcc.gov/FeeFiler/login.cfm. To pay by credit card, log in using the FRN captioned above. If payment must be split across FRNs, complete this process for each FRN. Next, select “Pay bills” on the Fee Filer Menu, and select the bill number associated with the NAL Account—the bill number is the NAL Account number with the first two digits excluded—and then choose the “Pay by Credit Card” option. Please note that there is a dollar limitation on credit card transactions, which cannot exceed $24,999.99. • Payment by ACH must be made by using the Commission’s Fee Filer website at https://apps.fcc.gov/FeeFiler/login.cfm. To pay by ACH, log in using the FRN captioned above. If payment must be split across FRNs, complete this process for each FRN. Next, select “Pay bills” on the Fee Filer Menu and then select the bill number associated to the NAL Account—the bill number is the NAL Account number with the first two digits excluded—and choose the “Pay from Bank Account” option. Please contact the appropriate financial institution to confirm the correct Routing Number and the correct account number from which payment will be made and verify with that financial institution that the designated account has authorization to accept ACH transactions. 15. 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. 16. 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 4 Federal Communications Commission DA 23-663 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 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 the Station. 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 13 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,12 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). 17. 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). 18. 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 12 47 CFR § 1.16. 5 Federal Communications Commission DA 23-663 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. 19. 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 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. 20. Qualifications; Agreement to Grant. The Bureau finds that its Investigation raises no substantial and material questions of fact as to whether Licensee possesses the basic qualifications, including those relating to character, to hold a Commission license or authorization. Accordingly, the Bureau agrees to grant the Application, after the Effective Date, provided that the following conditions have been met: 1) the Civil Penalty payment, referenced in paragraph 13, has been fully and timely satisfied; and 2) there are no issues other than the Violations that would preclude grant of the Application. 21. 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 Act13 relating to the matters addressed in this Consent Decree. 22. 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. 23. 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. 24. 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. 25. Successors and Assigns. The Licensee agrees that the provisions of this Consent Decree shall be binding on its successors, assigns, and transferees. 26. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall constitute a final settlement between the Parties with respect to the Investigation. 27. Modifications. This Consent Decree cannot be modified without the advance written consent of both Parties. 28. 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. 29. 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 13 See 5 U.S.C. § 504; 47 CFR §§ 1.1501-1.1530. 6 Federal Communications Commission DA 23-663 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. 30. 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 _________August 7, 2023________________ Date _____________________________________ Jeffrey Finnell Oklahoma Catholic Broadcasting, Inc. ____________________________________ Date 7