Federal Communications Commission	DA 25-378


Before the
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554

In re Application of

KJLA, LLC
For Renewal of License of Station KJLA(TV), Ventura, California
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Acct. No. 202541420005
FRN:  0008195455
Facility ID No. 14000
LMS File No. 0000196229

ORDER

Adopted:  May 1, 2025	Released:  May 1, 2025

By the Chief, Video Division, Media Bureau:

1. In this Order, we adopt the attached Consent Decree entered into by the Media Bureau (Bureau) and KJLA, LLC (Licensee), licensee of full power commercial television station KJLA(TV), Ventura, California (KJLA or Station).  The Consent Decree resolves issues arising from the review of the Station’s pending license renewal application. Application of KJLA, LLC for Renewal of License, LMS File No. 0000196229 (filed Jul. 29, 2022) (Renewal Application).
  In particular, the Consent Decree resolves the Bureau’s investigation of the Licensee’s apparent willful and/or repeated violations of sections 73.3526(e)(11)(i) and (ii) of the Commission’s rules (Rules), which require full power commercial television stations to maintain an online public inspection file and place issues/programs lists and records concerning commercial limits into that file at required intervals. 47 CFR §§ 73.3526(e)(11)(i), (ii).
  We find that through adoption of the Consent Decree grant of the Station’s Renewal Application is in the public interest, subject to the terms and conditions set forth in the Consent Decree.
2. The Bureau and the Licensee have negotiated the attached Consent Decree in which the Licensee stipulates that it violated sections 73.3526(e)(11)(i) and (ii) of the Rules.  Pursuant to the Consent Decree, the Licensee agrees, among other things, to make a civil penalty payment to the United States Treasury in the amount of Thirty-Two Thousand, Five Hundred Dollars ($32,500) and implement a compliance plan to ensure future compliance with the Rules and the Act.  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.  
3. We have reviewed the Renewal Application and find that the Station has served the public interest, convenience, and necessity during the subject license term and that grant of the application in warranted pursuant to section 309(k) of the Communications Act of 1934, as amended. 47 U.S.C. § 309(k).  In evaluating an application for license renewal, the Commission’s decision is governed by section 309(k) of the Act.  47 U.S.C. § 309(k).  That section provides that the Commission shall grant the renewal application if, upon consideration of the application and pleadings, it finds that:  (1) the station has served the public interest, convenience, and necessity; (2) there have been no serious violations of the Act or the Rules; and (3) there have been no other violations which, taken together, constitute a pattern of abuse.  See 47 U.S.C. § 309(k)(1).  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 as are appropriate, including renewal for a term less than the maximum otherwise permitted.”  47 U.S.C. §§ 309(k)(2)-(3).  
  We find that nothing in the record creates a substantial and material question of fact as to whether the Licensee possesses the basic qualifications to remain a Commission licensee.  
4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i). 
 and by the authority delegated by sections 0.61, 0.204, 0.283, and 1.93(b) of the Commission’s rules, 47 CFR §§ 0.61, 0.204, 0.283, and 1.93(b). 
 the Consent Decree attached hereto IS ADOPTED without change, addition, or modification, and incorporated by reference.
5. IT IS FURTHER ORDERED that the investigation by the Media Bureau of the matters noted above IS TERMINATED.
6. IT IS FURTHER ORDERED that pursuant to section 309(k) of the Communications Act of 1934, as amended, 47 U.S.C. § 309(k).
 the application for renewal of license of full power television station KJLA(TV), Ventura, California, LMS File No. 0000196229, IS GRANTED, subject to the terms and conditions of the attached Consent Decree.
7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent, by First Class and Certified Mail, Return Receipt Requested, to KJLA, LLC, 2323 Corinth Avenue, Los Angeles, CA 90064, and by e-mail to esafa@kjla.com.  A copy shall also be sent in the same manner to Licensee’s counsel, Ari Meltzer, Esq., Wiley Rein LLP, 2050 M St. N.W., Washington, DC 20036, and by e-mail to ameltzer@wiley.law. 
	 				FEDERAL COMMUNICATIONS COMMISSION



						Barbara A. Kreisman
Chief, Video Division
		Media Bureau

2
Before the
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554

In re Application of

KJLA, LLC
For Renewal of License of Station KJLA(TV), Ventura, California
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Acct. No. 202541420005
FRN:  0008195455
Facility ID No. 14000
LMS File No. 0000196229

CONSENT DECREE

1. The Media Bureau of the Federal Communications Commission (hereafter Bureau, as defined below) and KJLA, LLC (hereafter Licensee, as defined below), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau’s investigation into the Licensee’s compliance with sections 73.3526(e)(11)(i) and (ii) of the Commission’s rules (hereafter Rules, as defined below), relating to its untimely uploading of issues/programs lists and commercial limits certifications to the above captioned Station’s (as defined below) online public inspection file. 47 CFR §§ 73.3526(e)(11)(i), (ii).
  To resolve these matters, the Licensee agrees to pay a civil penalty payment to the United States Treasury in the amount of Thirty Two Thousand Five Hundred dollars ($32,500) and implement a comprehensive Compliance Plan to ensure its future compliance with sections 73.3526(e)(11)(i) and (ii) of the Rules. Id.
  The Bureau agrees to terminate its investigation and grant the Station’s pending license renewal application, subject to the terms and conditions set forth below.
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) “Bureau” means the Media Bureau of the Federal Communications Commission. 
(d) “Commercial Limits Certification Rule” means the requirements detailed in 47 CFR § 73.3526(e)(11)(ii).
(e) “Commission” or “FCC” means the Federal Communications Commission and all of its bureaus and offices.  
(f) “Communications Laws” means collectively, the Act, the Rules, and the published and promulgated orders and decisions of the Commission to which the Licensee is subject by virtue of it being a Commission licensee.
(g) “Compliance Plan” means the processes and procedures developed by the Licensee in an effort to ensure compliance with 47 CFR § 73.3526 generally, including 47 CFR §§ 73.3526(e)(11)(i) and (ii). 
(h) “Compliance Officer” means a responsible party employed by the Licensee to 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.
(i) “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 the Station’s OPIF, as required by the OPIF Rule.
(j) “Division” means the Video Division of the Media Bureau of the Commission.
(k) “Effective Date” means the date on which the Bureau releases the Adopting Order.
(l) “Investigation” means the Bureau’s decision to hold and not process the Renewal Application due to noncompliance with 47 CFR §§ 73.3526(e)(11)(i) and (ii).
(m) “Issues and Programs List Rule” means the requirements detailed in 47 CFR § 73.3526(e)(11)(i).
(n) “Licensee” means KJLA, LLC, and its affiliates, subsidiaries, predecessors-in-interest, and successors-in-interest.  
(o) “LMS” means the Commission’s Licensing and Management System, which allows licensees, permittees, applicants, and the public to submit, manage, and track television and radio broadcast applications, notifications and related pleadings.
(p) “OPIF” means the Station’s online public inspection file as defined by 47 CFR § 73.3526.
(q) “OPIF Rule” means the requirements detailed in 47 CFR § 73.3526 in its entirety.
(r) “Parties” means the Licensee and the Bureau, each of which is a “Party.”
(s) “Renewal Application” means the application of KJLA, LLC, for renewal of the television broadcast license for station KJLA(TV), Ventura, California (Facility ID No. 14000), LMS File No. 0000196229.
(t) “Rules” means the Commission’s regulations found in Title 47 of the Code of Federal Regulations. 
(u) “Station” means KJLA(TV), Ventura California (Facility ID No. 14000).
II. BACKGROUND
3. On July 29, 2022, the Licensee timely filed the Renewal Application.  In the Renewal Application, the Licensee responded “No” to the statement that “the documentation, required by 47 CFR Section 73.3526 . . . has been uploaded to the station's public inspection file when required.” Renewal Application.
  In an attachment to the Renewal Application, the Licensee disclosed late filed issues/programs lists and commercial limits certifications as a result of “administrative oversight and/or employee turnover.” Id. at Attach. KJLA Public File Statement.
  In order to prevent similar violations in the future, the Licensee stated that it provided staff training and expressed its intent to participate in the California Broadcasters Association’s Alternative Broadcast Inspection Program. Id.  The Alternative Broadcast Inspection Program (ABIP) is a voluntary compliance program in coordination with the Commission’s Enforcement Bureau.  See Alternative Broadcast Inspection Program (ABIP) Compliance Notification, OMB Control Number 3060-0713, ICR Ref. No. 202210-3060-003 (Nov. 16, 2022) available by searching at https://www.reginfo.gov/public/do/PRASearch.  Participation does not prevent targeted inspections and findings of liability by the Commission with regards to violations.
  Based on the Licensee’s failure to comply with the OPIF Rule, the Division commenced the Investigation and suspended processing the Renewal Application.  
4. Section 73.3526(e)(11)(i) of the Rules requires every full power commercial and Class A television licensee to place in its OPIF, on a quarterly basis, an issues/programs list that details programs that have provided the station’s most significant treatment of community issues during the preceding three month period and must include a brief narrative of the issues addressed, as well as the time, date, duration, and title of each program in which the issues were treated. 47 CFR § 73.3526(e)(11)(i).
  Issues/programs lists must be placed in the station’s OPIF by the tenth day of the succeeding calendar quarter and copies must be retained until final action on the station’s next license renewal application. Id.

5. Section 73.3526(e)(11)(ii) of the Rules requires every full power commercial and Class A television licensee to place in its OPIF “records sufficient to permit substantiation of the station’s certification, in its license renewal application, of compliance with the commercial limits on children’s programming established in 47 U.S.C. 303a and § 73.670.” 47 CFR § 73.3526(e)(11)(ii).
  Section 303a(b) requires that “each commercial television broadcast licensee shall limit the duration of advertising in children’s television programming to not more than 10.5 minutes per hour on weekends and not more than 12 minutes per hour on weekdays.” 47 U.S.C. § 303a(b).
  Section 73.670 of the Rules codifies those limits, and also limits the “display of Internet Web site addresses during program material or promotional material not counted as commercial time.” 47 CFR § 73.670.
  Until fourth quarter 2019, commercial limits certifications were required to be placed in a station’s OPIF by the tenth day of the succeeding calendar quarter. Children’s Television Programming Rules; Modernization of Media Regulation Initiative, MB Docket Nos. 18-202 and 17-105, Report and Order and Further Notice of Proposed Rulemaking, 34 FCC Rcd 5822 (2019) (Report and Order).  The revised filing rule for records of compliance with the commercial limits on children's programming took effect on January 21, 2020.  See 84 Fed. Reg. 70037 (Dec. 20, 2019).  Media Bureau Announces Effective Date of Remaining KidVid Rules, Availability and Extension of Time to File the Revised Children’s Television Programming Report in LMS, and Guidance Concerning the Filing of Final Quarterly Commercial Limits Certifications, MB Docket Nos. 18-202 and 17-105, Public Notice, 34 FCC Rcd 12517 (MB 2019) (KidVid Remaining Rules Transition PN).
  Beginning with the first quarter of 2020, commercial limits certifications were required to be filed on an annual rather than quarterly basis, within 30 days after the end of the calendar year. 47 CFR § 73.3526(e)(11)(ii); Report and Order, 34 FCC Rcd at 5863, para. 70; KidVid Remaining Rules Transition PN, 34 FCC Rcd at 12518, n.8.

6. Upon review of the Station’s OPIF, Division staff confirmed the late uploads disclosed by the Licensee and identified a total of 26 late uploaded issues/programs lists and 21 late uploaded commercial limits certifications.  The Station’s late issues/programs lists consisted of two that were filed under one month late, eight that were filed between one month and one year late, and 16 that were filed over one year late.  The Station’s late commercial limits certifications consisted of one that was filed less than one month late, two that were filed between one month and one year late, and 18 that were filed over one year late. These totals were comprised of 18 quarterly filings and three annual filings.  See supra. para. 5 and n.11 (discussing the change in commercial limits certifications from a quarterly to annual filing).
  As of the date of the Adopting Order, all required documents have been placed in the Station’s OPIF.
7. The Bureau and the Licensee have negotiated the terms of the Consent Decree, subject to specific terms and conditions, by which the Bureau will terminate the Investigation into the matters discussed above and grant the Renewal Application.  In consideration, the Licensee agrees to implement and maintain a Compliance Plan designed to ensure its future compliance with the OPIF Rule, and has agreed to pay a civil penalty in the amount of Thirty Two Thousand Five Hundred Dollars ($32,500) to the United States Treasury.
III.	TERMS OF AGREEMENT
8. Adopting Order.  The Parties agree that the provisions of this Consent Decree shall be incorporated by reference by the Bureau in an Adopting Order without change, addition, deletion, or modification. 
9. 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.
10. 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 Parties agree that this Consent Decree shall have the same force and effect as any other order of the Commission.
11. Violations. The Parties agree that any violation of the Adopting Order or the terms of this Consent Decree, in whole or in part, shall constitute a separate violation of a Commission order, entitling the Commission, or its delegated authority to exercise any rights and remedies attendant to the enforcement of a Commission order.
12. Admission of Liability.  The Licensee admits, for the purpose of this Consent Decree and for Commission civil enforcement purposes, that it violated sections 73.3526(e)(11)(i) and (ii) of the Rules as described in Paragraphs 3 to 6 of this Consent Decree. 47 CFR §§ 73.3526(e)(11)(i), (ii).
  By entering into this Consent Decree, the Licensee makes no other admission of liability of any Communications Law, and the Bureau makes no finding of any other liability or violation.  
13. 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 and to take the actions specified in Paragraph 18.  In consideration for the termination of the Investigation, the Licensee agrees to the terms, conditions, and procedures contained herein, including the actions specified in Paragraphs 16, 19, 20, and 22 of this Consent Decree. 
14. The Bureau further 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. See 47 CFR § 1.93(b). 

15. Subsequent Investigations.  This Consent Decree shall not prevent the Commission or its delegated authority from investigating new evidence of noncompliance by the Licensee with the Rules or Act or from adjudicating complaints or other adjudicatory pleadings filed by third parties against the Licensee for alleged violations of the Communications Laws or for any alleged misconduct, regardless of when such misconduct took place.  Further, except as expressly provided herein, the Licensee acknowledges that the Commission and its delegated authority (including the Bureau) retains the discretion and authority to propose sanctions against the Licensee, including the issuance of notices of apparent liability for forfeiture, for any apparent willful and/or repeated violation by the Licensee of the Rules or Act.  The Commission’s adjudication of any complaints or potential will be based solely on the record developed in subsequent proceedings.  The Licensee also 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 the 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 OPIF Rule or otherwise. 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.  47 U.S.C. § 503(b)(2)(E).  See Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and Order, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 CFR § 1.80(b)(11), Table 3.

16. Civil Penalty.  The Licensee agrees to make a civil penalty payment to the United States Treasury in the amount of Thirty Two Thousand Five Hundred dollars ($32,500) within thirty (30) calendar days after the Effective Date.  It also 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. Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996). 
  The Licensee shall send electronic notification of payment to VideoCompliance@fcc.gov on the date payment is made.  Payment of the civil penalty must be made by credit card, ACH (Automated Clearing House) debit from a bank account using CORES (the Commission’s online payment system), Payments made using CORES do not require the submission of an FCC Form 159.
 or by wire transfer.  Payments by check or money order are no longer accepted.  Questions regarding payment procedures should be directed to the Financial Operations Group Help Desk by phone, 1-877-480-3201 (option #6), or by e-mail at ARINQUIRIES@fcc.gov.  Below are instructions that the Licensee should follow based on the form of payment selected: 
· Payment by wire transfer must be made to ABA Number 021030004, receiving bank TREAS/NYC, and Account Number 27000001.  A completed FCC 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 FCC Form 159, enter the Account Number captioned above 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). Instructions for completing the form may be obtained at https://www.fcc.gov/Forms/Form159/159.pdf .
  For additional detail and wire transfer instructions, go to https://www.fcc.gov/licensing-databases/fees/wire-transfer. 
· Payment by credit card must be made by using the Commission’s Registration System (CORES) at https://apps.fcc.gov/cores/userLogin.do.  To pay by credit card, log-in using the FCC Username associated to the FRN captioned above.  If payment must be split across FRNs, complete this process for each FRN.  Next, select “Manage Existing FRNs | FRN Financial | Bills & Fees” from the CORES Menu, then select FRN Financial and the view/make payments option next to the FRN.  Select the “Open Bills” tab and find the bill number associated with the Consent Decree.  The bill number is the Acct. No. (e.g., Acct. No. 1912345678 would be associated with FCC Bill Number 1912345678) captioned above.  After selecting the bill for payment, choose the “Pay by Credit Card” option.  Please note that there is a $24,999.99 limit on credit card transactions.
· Payment by ACH must be made by using the Commission’s Registration System (CORES) at https://apps.fcc.gov/cores/paymentFrnLogin.do.  To pay by ACH, log-in using the FCC Username associated to the FRN captioned above.  If payment must be split across FRNs, complete this process for each FRN.  Next, select “Manage Existing FRNs | FRN Financial | Bills & Fees” on the CORES Menu, then select FRN Financial and the view/make payments option next to the FRN.  Select the “Open Bills” tab and find the bill number associated with the Consent Decree.  The bill number is the Acct. No. (e.g., Acct. No. 1912345678 would be associated with FCC Bill Number 1912345678) captioned above.  Finally, 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. 
17. Event of Default.  The Parties agree that an “Event of Default” shall occur upon the failure by the Licensee to pay the full amount of the Civil Penalty on or before the due date specified in Paragraph 16.  After an Event of Default has occurred under this Consent Decree, the unpaid amount of the Civil Penalty shall accrue interest, computed using the U.S. Prime Rate in effect on the date of the Event of Default plus 4.75%, from the date of the Event of Default until payment in full.  Upon an Event of Default, the then unpaid amount of the Civil Penalty, together with interest, any penalties permitted and/or required by the law, including but not limited to 31 U.S.C. § 3717 and administrative charges, plus the costs of collection, litigation, and attorneys’ fees, shall become immediately due and payable, without notice, presentment, demand, protest, or notice of protest of any kind, all of which are waived by the Licensee.
18. Grant of Renewal Application.  In the Adopting Order, the Bureau has determined that grant of the Renewal Application is in the public interest, convenience, and necessity, and consistent with 47 U.S.C. § 309(k).  The Bureau agrees to grant the Renewal Application for a full eight year term from the prior license expiration date.  The Renewal Application will be granted within two business days following the Effective Date.  Grant of the Renewal Application will be conditioned on compliance with the terms set forth in Paragraph 16.
19. Compliance Plan.  For purposes of settling the matters set forth herein, the Licensee agrees that it shall, within sixty (60) calendar days after the Effective Date, develop and implement a Compliance Plan designed to ensure future compliance with the OPIF Rule, including but not limited to the Issues and Programs List Rule and Commercial Limits Certification Rule, and with the terms and conditions of this Consent Decree.  The Compliance Plan shall solely apply to the Station.  The Compliance Plan shall contain, at a minimum, the following elements: 
(a) Compliance Officer.  Within thirty (30) calendar days after the Effective Date, the Licensee shall designate a responsible party employed (on a full, part-time, or contract basis) to serve as a Compliance Officer and to discharge the duties set forth below.  The Compliance Officer must be provided all necessary corporate and organizational authority to ensure they are able to discharge their duties.  The Compliance Officer shall report directly to the Licensee’s President (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 OPIF Rule, including but not limited to the Issues and Programs List Rule and Commercial Limits Certification Rule, prior to assuming their duties.
i. The name and contact information (mailing address, phone number, and electronic mail address) of the Compliance Officer must be submitted to the Bureau within thirty (30) calendar days after the Effective Date by electronic mail at VideoCompliance@fcc.gov.  A copy of the notification shall also be placed in the Station’s OPIF in the folder entitled “FCC Investigations or Complaints” which is located under the “More Public Inspection Files” tab.
ii. In the event of a change in the Compliance Officer, the Licensee shall designate a new Compliance Officer and inform the Bureau by electronic mail at VideoCompliance@fcc.gov within thirty (30) calendar days of the change.  The notification must include the name and contact information (physical mailing address, phone number, and electronic mail address) of the new Compliance Officer.  A copy of the notification shall also be placed in the Station’s OPIF under in the folder entitled “FCC Investigations or Complaints” which is located under the “More Public Inspection Files” tab.  
(b) Compliance Manual.  Within sixty (60) calendar days after the Effective Date, the Compliance Officer shall develop and distribute a Compliance Manual to all Covered Employees.  The Compliance Officer shall distribute a Compliance Manual that they have personally prepared or one that has been prepared by a third party, such as a trade association or a law firm.  The Compliance Manual shall:
i. thoroughly explain the requirements embodied in the OPIF Rule, including but not limited to the Issues and Programs List Rule and Commercial Limits Certification Rule;  
ii. establish Operating Procedures that Covered Employees must follow to help ensure the Licensee’s compliance with the OPIF Rule, including but not limited to the Issues and Programs List Rule and Commercial Limits Certification Rule.  The Operating Procedures shall include internal procedures and policies specifically designed to ensure that the Licensee’s Station uploads all required information to its OPIF in a timely manner and otherwise maintains full, complete, and up to date information therein; and
iii. be reviewed at least every six months by the Compliance Officer and revised as necessary to ensure that the information set forth therein remains current, complete, accurate, and effective.  The Compliance Officer shall distribute any revisions to the Compliance Manual within five (5) business days of any updates to all Covered Employees.  
(c) Compliance Training Program.  The Compliance Plan shall include a compliance training program to provide periodic training to Covered Employees on complying with the OPIF Rule.  As part of the compliance training program, Covered Employees shall be advised of the OPIF Rule, and shall be instructed on how to disclose noncompliance to the Compliance Officer.  To the extent any Covered Employees have not received similar training within the 12-month period prior to the Effective Date, such Covered Employees shall receive training under the compliance training program within 90 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.  Licensee shall provide training under the compliance training plan on at least an annual basis, and the Compliance Officer shall review and revise the compliance training program as necessary to ensure that it remains current, complete, and effective.
(d) Compliance Report.  The Licensee shall submit a Compliance Report to the Bureau one year after the Effective Date and within five business days following the Termination Date as defined in Paragraph 21.  The Compliance Report shall contain a certification by the Compliance Officer stating that:  (i) the Station has complied with the OPIF Rule, including but not limited to the Issues and Programs List Rule and Commercial Limits Certification Rule, during the previous year; and (ii) is not aware of any instances of noncompliance with the terms and conditions of this Consent Decree beyond those reported under Paragraph 20.  For any instance of noncompliance, including those already reported to the Bureau under Paragraph 20, the Compliance Officer must explain (i) the steps that Licensee has taken or will take to remedy such noncompliance, including the schedule on which proposed remedial actions will be taken, and (ii) the steps that have or will be taken to prevent the recurrence of any such noncompliance, including the schedule on which such preventative action will be taken.  The Compliance Officer’s certification must comply with section 1.16 of the Rules and be subscribed to as true under penalty of perjury. 47 CFR § 1.16.
  The Bureau may, within its sole discretion, require the Licensee to submit documentation or material that supports the certification being provided by the Compliance Officer.  The Compliance Report shall be submitted to VideoCompliance@fcc.gov.
20. Reporting Noncompliance.  The Licensee shall report any instance of noncompliance with the Rules, and any instance of noncompliance with any applicable terms and conditions of this Consent Decree within ten (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 VideoCompliance@fcc.gov. 
21. Termination Date.  The obligations to which the Licensee is subject pursuant to this Consent Decree shall terminate two years after the Effective Date (“Termination Date”), 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 sole discretion and authority, extend the Termination Date for up to an additional twenty-four (24) months.
22. Placement of Consent Decree in OPIF.  Within thirty (30) days of the Effective Date, the Licensee shall place in the Station’s OPIF a copy of this Consent Decree in the folder entitled “FCC Investigations or Complaints.”  The Consent Decree shall be retained in the Station’s OPIF until grant of the Station’s next license renewal application. See 47 CFR § 73.3526(e)(10) (requiring stations to place in their OPIF “[m]aterial relating to FCC investigation or complaint” and instructing that such material “be retained until the applicant, permittee, or licensee is notified in writing that the material may be discarded).

23. 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 OPIF Rule that occurs during the term of this Consent Decree.
24. 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 Act See 5 U.S.C. § 504; 47 CFR §§ 1.1501-1.1530.
 relating to the matters addressed in this Consent Decree.
25. 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.
26. 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.  
27. 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) or any federal law or regulation, that provision will be superseded by such Rule, Order, law, or regulation.  
28. Successors and Assigns.  The Licensee agrees that the provisions of this Consent Decree shall be binding on its successors, assigns, and transferees unless otherwise agreed to by the Commission or Bureau.
29. Final Settlement.  The Parties agree and acknowledge that this Consent Decree shall constitute a final settlement between the Parties with respect to the Investigation.
30. Modifications.  This Consent Decree cannot be modified without the advance written consent of both Parties.
31. 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.
32. 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.
33. Counterparts.  This Consent Decree may be signed in counterparts (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.
Federal Communications Commission

By:



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Barbara A. Kreisman
Chief, Video Division
Media Bureau 


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Date


KJLA, LLC

By:



_____________________________________
Bruno Seros-Ulloa
President


_____________________________________
Date