FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012 Page: 5,695
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III. TERMS OF AGREEMENT
4. Adopting Order. The Parties agree that the provisions of this Consent Decree shall be
subject to final approval by the Bureau by incorporation of such provisions by reference in the Adopting
5. Jurisdiction. Fisher agrees that the Bureau has jurisdiction over it and the matters
contained in this Consent Decree and that the Bureau has the authority to enter into and adopt this
6. Effective Date; Violations. The Parties agree that this Consent Decree shall become
effective on the Effective Date as defined herein. As of the Effective Date, the Adopting Order and this
Consent Decree shall have the same force and effect as any other order of the Commission. Any violation
of the Adopting Order or of the terms of this Consent Decree shall constitute a separate violation of a
Commission order, entitling the Commission to exercise any rights and remedies attendant to the
enforcement of a Commission order.
7. 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 consideration for the termination of the Investigation, Fisher agrees to the
terms, conditions, and procedures contained herein. 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 any new proceeding, formal
or informal, or take any action on its own motion against Fisher 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 take any action on
its own motion against Fisher with respect to Fisher's basic qualifications, including its character
qualifications, to be a Commission licensee or to hold Commission licenses or authorizations.
8. Compliance Officer. Within thirty (30) calendar days after the Effective Date, Fisher
shall designate a senior corporate manager with the requisite corporate and organizational authority to
serve as Compliance Officer and to discharge the duties set forth below. The person designated as the
Compliance Officer shall be responsible for developing, implementing, and administering the Compliance
Plan and ensuring that Fisher complies with the terms and conditions of the Compliance Plan and this
Consent Decree. In addition to the general knowledge of the Communications Laws necessary to
discharge his/her duties under this Consent Decree, the Compliance Officer shall have specific knowledge
of Section 508 of the Act and the Licensee-Conducted Contest Rule prior to assuming his/her duties.
9. Compliance Plan. For purposes of settling the matters set forth herein, Fisher agrees
that it shall, within sixty (60) calendar days of the Effective Date, develop and implement a Compliance
Plan designed to ensure future compliance with the Communications Laws, including Section 508 of the
Act and Section 73.1216 of the Commission's rules, and with the terms and conditions of this Consent
Decree. The Compliance Plan shall include, without limitation, the following components:
a. Operating Procedures for Licensee-Conducted Contests. Within sixty (60) calendar
days after the Effective Date, Fisher shall establish Operating Procedures that all Covered
Employees must follow to help ensure Fisher's compliance with Section 508 of the Act and the
Licensee-Conducted Contest Rule. Fisher's Operating Procedures shall include internal
procedures and policies specifically designed to ensure that the outcomes of Fisher's Licensee-
Conducted contests are not predetermined or prearranged, in violation of Section 508 of the Act,
and that Fisher fully and accurately discloses the material terms of its contests, and conducts the
contests substantially as announced or advertised, consistent with Section 73.1216 of the
Commission's rules. Fisher also shall develop a Compliance Checklist that describes the steps
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012, book, June 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc111171/m1/38/: accessed October 23, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.