FCC Record, Volume 28, No. 4, Pages 2764 to 3699, March 18 - March 29, 2013 Page: 2,823
ix, 2764-3699 p. ; 28 cm.View a full description of this book.
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as defined in 31 U.S.C. 3701(b)(1).'5 The Debt may be fully satisfied by administrative offset initiated
by the Commission on the Effective Date.
18. Reimbursement to the TRS Fund. ANI agrees that it shall make a Refund Payment to
the TRS Fund within thirty (30) calendar days after the Effective Date totaling $124,443.40, which
includes accrued interest calculated from the Reimbursement Dates. ANI acknowledges and agrees that
upon execution of this Consent Decree, the amount of the Refund Payment is a "Claim" or "Debt" as
defined in 31 U.S.C. 3701(b)(1). The Debt may be fully satisfied by administrative offset initiated by
the Commission on the Effective Date.
19. Interest and Charges for Collection. In the event the Debt cannot be satisfied by
administrative offset, then as to any remaining unpaid balance of the Debt, ANI will have committed an
event of default under this Consent Decree. Thereafter, automatically, and without further notice, the then
entire unpaid amount of the Debt shall accrue interest at a rate of 15.75% per annum from the date of the
event of default until payment in full. An event of default on either payment of the Voluntary
Contribution or the Refund Payment will result in a cross default on both amounts. Upon an event of
default, the then unpaid amount of the Debt together with interest, as aforesaid, any penalties permitted
and/or required by the law, including but not limited to 31 U.S.C. 3717 and administrative charge(s),
plus the costs of collection, litigation, and attorneys' fees, is accelerated and shall become immediately
due and payable, without notice, presentment, demand, protest, or notice of protest of any kind, all of
which are waived by ANT. Upon an event of default by nonpayment of the Debt, all procedures for
collection permitted by the Debt Collection Improvement Act of 199616 and other provisions of law'7
may, at the Commission's discretion, be initiated.
20. Waivers. ANI waives any and all rights it may have to seek administrative or judicial
reconsideration, review, appeal, or stay, or to otherwise challenge or contest the validity of this Consent
Decree and the Adopting Order, provided the Bureau issues an Adopting Order as defined herein. If
either Party (or the United States on behalf of the Commission) brings a judicial action to enforce the
terms of the Adopting Order, neither ANI nor the Commission shall contest the validity of the Consent
Decree or of the Adopting Order, and ANI shall waive any statutory right to a trial de novo. ANI hereby
agrees to waive any claims it may have under the Equal Access to Justice Act"8 relating to the matters
addressed in this Consent Decree.
21. Invalidity. The Parties agree that if a court of competent jurisdiction renders any of the
provisions of the Adopting Order or the Consent Decree invalid or unenforceable, such invalidity or
unenforceability shall not invalidate or render unenforceable the entire Adopting Order or Consent
Decree, but rather the entire Adopting Order or Consent Decree shall be construed as if not containing the
particular invalid or unenforceable provision or provisions, and the rights and obligations of the Parties
shall be construed and enforced accordingly. 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.
'5Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996).
16 Id.
'7 See 31 C.F.R. Parts 900-904; 47 C.F.R. 1.1901, et seq.
'* Equal Access to Justice Act, Pub L. No 96-481, 94 Stat. 2325 (1980) (codified at 5 U.S.C. 504); see also
47 C.F.R. 1.1501-1.1530.2823
Federal Communications nmmission
DA 13-444t
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United States. Federal Communications Commission. FCC Record, Volume 28, No. 4, Pages 2764 to 3699, March 18 - March 29, 2013, book, March 2013; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc177414/m1/76/: accessed April 18, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.