FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28-April 08, 2011

DA 11546

e era5 IIU ncUaUIII. IU VIUIUZU3EIu -A -V

12. Voluntary Contribution. Westgate Communications agrees that it will make a voluntary
contribution to the United States Treasury in the amount of $600. The contribution will be made within
thirty (30) calendar days after the Effective Date of the Adopting Order. Payment must be made by check
or similar instrument, payable to the order of the Federal Communications Commission. The payment
must include the NAL/Account Number and FRN referenced in the caption to the Adopting Order.
Payment by check or money order may be mailed to Federal Communications Commission, P.O. Box
979088, St. Louis, MO 63197-9000. Payment by overnight mail may be sent to U.S. Bank - Government
Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. Payment by wire
transfer may be made to ABA Number 021030004, receiving bank TREAS/NYC, and account number
27000001. For payment by credit card, an FCC Form 159 (Remittance Advice) must be submitted.
When completing the FCC Form 159, enter the NAL/Account number in block number 23A (call
sign/other ID), and enter the letters "FORF" in block number 24A (payment type code). Westgate
Communications will also send electronic notification on the date said payment is made to
johnny.drake@fcc.gov.
13. Waivers. Westgate Communications 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 Commission issues an Adopting
Order adopting the Consent Decree without change, addition, modification, or deletion. Westgate
Communications 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 Adopting Order, neither Westgate Communications nor the
Commission shall contest the validity of the Consent Decree or the Adopting Order, and Westgate
Communications shall waive any statutory right to a trial de novo. Westgate Communications hereby
agrees to waive any claims it may otherwise have under the Equal Access to Justice Act, 5 U.S.C. 504
and 47 C.F.R. 1.150 1 et seq., relating to the matters addressed in this Consent Decree.
14. Severability. The Parties agree that if any of the provisions of the Adopting Order or the
Consent Decree shall be 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.
15. Subsequent Rule or Order. The Parties agree that if any provision of the Consent
Decree conflicts with any subsequent rule or Order adopted by the Commission (except an Order
specifically intended to revise the terms of this Consent Decree to which Westgate Communications does
not expressly consent) that provision will be superseded by such Commission rule or Order.
16. Successors and Assiens. Westgate Communications agrees that the provisions of this
Consent Decree shall be binding on its successors, assigns, and transferees.
17. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall
constitute a final settlement between the Parties. The Parties further agree that this Consent Decree does
not constitute either an adjudication on the merits or a factual or legal finding or determination regarding
any compliance or noncompliance with the requirements of the Act or the Commission's rules and
Orders.

4890

Fd~ l C nm , I nati c mi , iJ --

I

United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28-April 08, 2011. Washington D.C.. UNT Digital Library. http://digital.library.unt.edu/ark:/67531/metadc52169/. Accessed August 27, 2014.