FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012 Page: 5,698
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15. Waivers. Fisher 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. Fisher
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 Fisher nor the Commission shall contest the
validity of the Consent Decree or the Adopting Order, and Fisher shall waive any statutory right to a trial
de novo. Fisher hereby agrees to waive any claims it may have under the Equal Access to Justice Act, 5
U.S.C. 504 and 47 C.F.R. 1.1501 et seq., relating to the matters addressed in this Consent Decree.
16. Liability. Fisher admits, solely for the purpose of this Consent Decree and for
Commission civil enforcement purposes, and in express reliance on the provisions of paragraph 8 hereof,
that the broadcast material at issue in this Consent Decree is in violation of 47 U.S.C. 509 and 47 C.F.R.
73.1216, assuming construction of these terms as they are construed by the Bureau as of the date hereof.
Notwithstanding any other provision of this Consent Decree, it is expressly agreed and understood that if
this Consent Decree, or paragraph 8 hereof, or both, are breached by the Bureau, or are invalidated or
modified to Fisher's prejudice by the Commission, Bureau, or any court, then and in that event the
provisions of the immediately-preceding sentence shall be of no force or effect whatever, and Fisher shall
not, by virtue of that sentence or any other provision of this Consent Decree, be deemed to have made any
admission concerning violations of 47 U.S.C. 509 or 47 C.F.R. 73.1216.
17. 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
18. 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 Fisher does not expressly
consent) that provision will be superseded by such rule or Commission order.
19. Successors and Assiens. Fisher agrees that the provisions of this Consent Decree shall
be binding on its successors, assigns, and transferees.
20. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall
constitute a final settlement between the Parties with respect to the Investigation.
21. Modifications. This Consent Decree cannot be modified without the advance written
consent of both Parties.
22. Paraeraph 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
23. Authorized Representative. The individual signing this Consent Decree on behalf of
Fisher represents and warrants that he is authorized by Fisher to execute this Consent Decree and to bind
Fisher to the obligations set forth herein. The FCC signatory represents that she is signing this Consent
Decree in her official capacity and that she is authorized to execute this Consent Decree.
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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/m1/41/: accessed February 21, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.