FCC Record, Volume 25, No. 13, Pages 10521 to 11406, August 2 - August 20, 2010 Page: 10,535
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Commission from investigating new evidence of noncompliance by Hamilton of the Act, the rules, or the
Order.
12. Voluntary Contribution. Hamilton agrees that it will make a voluntary contribution to
the United States Treasury in the amount of $1,000. 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 Number 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). Hamilton will also send electronic
notification on the date said payment is made to johnny.drake@fcc.gov.
13. Waivers. Hamilton 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. Hamilton 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 Hamilton nor the Commission shall contest the validity of the Consent Decree or
the Adopting Order, and Hamilton shall waive any statutory right to a trial de novo. Hamilton 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. 1.1501 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 Hamilton does not expressly
consent) that provision will be superseded by such Commission rule or Order.
16. Successors and Assigns. Hamilton 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.10535
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United States. Federal Communications Commission. FCC Record, Volume 25, No. 13, Pages 10521 to 11406, August 2 - August 20, 2010, book, August 2010; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc39300/m1/29/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.