FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 4,855
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from financial distress. The Licensee submitted appropriate financial documentation supporting its
explanation of these circumstances. Additionally, the Licensee represented it has a history of compliance
with the Rules, but noted that its present ability to comply with applicable regulations has been greatly
hindered by its principal's language difficulties and financial constraints in hiring and retaining counsel."
The Licensee requested that the Bureau consider the foregoing circumstances.
5. The Bureau and Hanmi acknowledge that any proceedings that might result from the
Investigation and/or the Complaint would be time-consuming and would require substantial expenditure
of public and private resources. In order to conserve such resources, and to ensure continued compliance
by the Licensee with the above described laws, the Bureau and Hanmi are entering into this Consent
Decree in consideration of the mutual commitments made herein.
IlI. TERMS OF AGREEMENT
6. AdoDting 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
Order without change, addition, modification, or deletion.
7. Jurisdiction. Hanmi agrees that the Bureau has jurisdiction over it and the matters
contained in this Consent Decree and has the authority to enter into and adopt this Consent Decree.
8. Effective Date: Violations. The Parties agree that this Consent Decree shall become
effective on the date on which the FCC releases the Adopting Order. Upon release, the Adopting Order
and this Consent Decree shall have the same force and effect as any other Order of the Bureau. Any
violation of the Adopting Order or of the terms of this Consent Decree shall constitute a separate violation
of a Bureau Order, entitling the Bureau to exercise any rights and remedies attendant to the enforcement
of a Commission Order.
9. 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 its Investigation and dismiss the Complaint. In consideration for the termination of said
Investigation and dismissal of the Complaint, Hanmi 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 of the Consent Decree, 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 Hanmi concerning the matters that were the subject of the
Investigation. The Bureau also agrees that it will not use the facts developed in this Investigation through
the Effective Date of this Consent Decree, 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 Hanmi with
respect to Hanmi's basic qualifications, including its character qualifications, to be a Commission
licensee or hold Commission authorizations.
10. Compliance Plan. For purposes of settling the matters set forth herein, Hanmi agrees to
maintain a Compliance Plan related to future compliance with the above described sections of the Act and
the Rules, as well as Commission Orders. The Compliance Plan shall include, at a minimum, the
a. Compliance Officer. Within thirty (30) days of the Effective Date, Hanmi shall
designate an individual to serve as its Compliance Officer, who shall be responsible for
" The Licensee's counsel represents that the Licensee's President, Chang Soo Kim, is a native Korean speaker, with
limited English-speaking capability.
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/27/ocr/: accessed November 21, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.