# Before the

# Federal Communications Commission

# Washington, D.C. 20554

+--------------------------------+-------+-----------------------------+
| In the Matter of               | **)** | EB-07-IH-4917               |
|                                |       |                             |
| **AMERICAN INSTITUTE FOR       | **)** | Facility ID No. 134469      |
| JEWISH EDUCATION**             |       |                             |
|                                | **)** | NAL/Account No.             |
| Licensee of Noncommercial      |       | 200932080018                |
| Educational Station WMDI-LP,   | **)** |                             |
| Lakewood, New Jersey           |       | FRN 0008568065              |
|                                | **)** |                             |
|                                |       |                             |
|                                | **)** |                             |
|                                |       |                             |
|                                | **)** |                             |
+--------------------------------+-------+-----------------------------+

**CONSENT DECREE**

1\. The Enforcement Bureau ("Bureau") and American Institute for Jewish
Education ("AIJE"), by their authorized representatives, hereby enter
into this Consent Decree for the purpose of terminating the Enforcement
Bureau's investigation into whether AIJE violated Section 399B of the
Communications Act of 1934, as amended,[^1] and Section 73.503(d) of the
Commission's Rules,[^2] in connection with the broadcast by AIJE of
underwriting acknowledgments over its noncommercial educational Station
WMDI-LP, Lakewood, New Jersey.

**I. DEFINITIONS**

2.  For the purposes of this Consent Decree, the following definitions
    shall apply:

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(a) "Act" means the Communications Act of 1934, as amended, 47 U.S.C.
    § 151 *et seq.*

(b) "Adopting Order" means an Order by the Bureau adopting the terms of
    this Consent Decree without change, addition, deletion, or
    modification.

(c) "AIJE" means American Institute for Jewish Education and its
    predecessors-in-interest and successors-in-interest.

(d) "Bureau" means the Enforcement Bureau of the Federal Communications
    Commission.

(e) "Commission" and "FCC" mean the Federal Communications Commission
    and all of its bureaus and offices.

(f) "Complaint" means a third-party telephonic complaint that the
    Station broadcast advertisements that may have been received by, or
    is in the possession of, the Commission or Bureau on or about
    December 1, 2006.

(g) "Compliance Plan" means the program described in this Consent Decree
    at paragraph 9.

(h) "Effective Date" means the date on which the Commission releases the
    Adopting Order.

(i) "Investigation" means the investigation commenced by the Bureau's
    monitoring of the Station's broadcast transmissions during the
    period consisting of December 2006 and January 2007 and a Letter of
    Inquiry dated September 18, 2007, regarding whether AIJE violated
    the Commission's Underwriting Laws in connection with its operation
    of the Station during the period December 2006 and January 2007.[^3]

(j) "Parties" mean AIJE and the Bureau.

(k) "Rules" mean the Commission's regulations found in Title 47 of the
    Code of Federal Regulations.

(l) "Station" means Station WMDI-LP, Lakewood, New Jersey (Facility ID
    No. 134469).

(m) "Underwriting Laws" mean Section 399B of the Communications Act of
    1934, 47 U.S.C. § 399b, and Sections 73.801 and 73.503(d) of the
    Commission's Rules, 47 C.F.R. §§ 73.801 and 73.503(d).[^4]

**II. BACKGROUND**

3.  Pursuant to Section 399B(a) of the Act[^5] and Section 73.503 of the
    Commission's Rules, advertisements are defined as program material
    broadcast "in exchange for any remuneration" and intended to
    "promote any service, facility, or product" of for-profit
    entities.[^6] Section 399B(b)(2) specifically provides that
    noncommercial educational stations may not broadcast
    advertisements.[^7] Although contributors of funds to such stations
    may receive on-air acknowledgements, the Commission has held that
    such acknowledgements may be made for identification purposes only,
    and should not promote the contributors' products, services, or
    businesses.[^8] Specifically, such announcements may not contain
    comparative or qualitative descriptions, price information, calls to
    action, or inducements to buy, sell, rent or lease.[^9] At the same
    time, however, the Commission has acknowledged that it is at times
    difficult to distinguish between language that promotes versus that
    which merely identifies the underwriter. Consequently, it expects
    that licensees exercise reasonable, "good faith" judgment in this
    area, and affords some latitude to the judgments of licensees who do
    so.[^10]

4.  On September 18, 2007, the Bureau issued a *LOI* to AIJE. This *LOI*
    directed AIJE, among other things, to submit sworn written
    statements in response to questions relating to allegations or
    information suggesting that AIJE had aired announcements that
    violated the Underwriting Laws. AIJE responded on November 19,
    2007.[^11] In the *LOI Response*, AIJE admitted to airing the
    complained-of announcements on the dates specified in the *LOI*
    (*i.e.*, December 13, 2006 and January 5, 2007), as well as during
    various other periods between February 2006 and May 2007.[^12] By
    its counsel, AIJE clarified responses in its *LOI Response*.[^13]
    The announcements may have violated the Underwriting Laws because
    they appear to exceed the bounds of what is permissible and within
    licensee discretion under the Act and pertinent Commission
    precedent.[^14]

**III. TERMS OF AGREEMENT**

5.  [Adopting Order]{.underline}. 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.

6.  [Jurisdiction]{.underline}. AIJE 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.

7.  [Effective Date; Violations]{.underline}. 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.

8.  [Termination of Investigation]{.underline}. 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, AIJE 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 AIJE
    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 AIJE with respect to AIJE's basic
    qualifications, including its character qualifications, to be a
    Commission licensee or to hold Commission authorizations.

9.  [Compliance Plan]{.underline}. For purposes of settling the matters
    set forth herein, AIJE agrees to maintain a Compliance Plan related
    to future compliance with the Underwriting Laws and the Commission's
    Orders. The Plan will include, at a minimum, the following
    components:

> a\. AIJE will utilize a multi‑level review procedure for underwriting
> content to be aired on the Station. All scripts of announcements will
> continue to be reviewed by AIJE or its staff, prior to broadcast, for
> compliance with the Underwriting Laws.
>
> b\. AIJE will train employees on acceptable underwriting content that
> complies with the Underwriting Laws. Within thirty days of being hired
> by AIJE, any new Station employee will be trained as to acceptable
> underwriting content that complies with the Underwriting Laws. In
> addition, AIJE Station employees will receive refresher training, on
> an annual basis, regarding existing guidelines and, where applicable,
> pertinent changes to the Underwriting Laws.

c\. AIJE will make good faith efforts, with respect to any nationally
distributed programming aired on the Station, to obtain from the
distributors of such programming the copy for underwriting announcements
contained in such programming in advance of such programming's
broadcast, for the purposes of independently reviewing such copy for
compliance with the Underwriting Laws.

d\. AIJE will also implement and maintain a plan to educate prospective
underwriters about appropriate underwriting content and how AIJE
incorporates such underwriting content in the messages that it prepares
for underwriter approval and eventual broadcast. To that end, AIJE will
summarize the Underwriting Laws for each client before it accepts any
contract with the prospective underwriter to air underwriting messages
over the Station and prepares the underwriting message for the
underwriter's review. AIJE will not broadcast any announcement that does
not comply with the Underwriting Laws.

e\. [Termination Date]{.underline}. Unless stated otherwise, the
requirements of the Compliance Plan will expire three (3) years after
the Effective Date.

10\. [Compliance Reports]{.underline}. AIJE will file compliance reports
with the Commission ninety days after the Effective Date, twelve months
after the Effective Date, twenty-four months after the Effective Date,
and upon expiration of this Consent Decree, three years after the
Effective Date. Each compliance report shall include a compliance
certificate from an officer, as an agent of AIJE, stating that the
officer has personal knowledge that AIJE has established and maintained
on an ongoing basis operating procedures intended to ensure compliance
with this Consent Decree, together with an accompanying statement
explaining the basis for the officer's compliance certification. Each
compliance report will describe any significant difficulties the
Licensee has encountered during the reporting period in ensuring
compliance with the Underwriting Laws, what steps it has taken to
resolve those difficulties, and the success of those steps in doing so.
All compliance reports shall be submitted to the Chief, Investigations
and Hearings Division, Enforcement Bureau, Federal Communications
Commission, 445 12th Street, S.W., Room 4-C330, Washington, D.C. 20554.

11\. [Voluntary Contribution]{.underline}. AIJE agrees that it will make
a voluntary contribution to the United States Treasury in the amount of
seven thousand dollars (\$7,000.00). Such contribution shall be made in
seven (7) monthly payments of one thousand dollars (\$1,000.00) each.
The first payment is to be made within thirty (30) calendar days of the
Effective Date, and the balance paid in subsequent consecutive monthly
installments as set forth above. The payments must be made by check or
similar instrument, payable to the order of the Federal Communications
Commission. The payments must include the NAL/Account Number and FRN
Number referenced in the caption to the Adopting Order. Payments by
check or money order may be mailed to Federal Communications Commission,
P.O. Box 979088, St. Louis, MO 63197-9000. Payments by overnight mail
may be sent to U.S. Bank -- Government Lockbox #979088, SL-MO-C2-GL,
1005 Convention Plaza, St. Louis, MO 63101. Payments by wire transfer
may be made to ABA Number 021030004, receiving bank TREAS/NYC, and
account number 27000001. For payments 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). AIJE will also send electronic notification on the dates said
payments are made to Hillary.DeNigro@fcc.gov, Ben.Bartolome@fcc.gov,
Kenneth.Scheibel@fcc.gov, and Melissa.Marshall@fcc.gov.

12\. [Waivers]{.underline}. AIJE 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 Order adopting this Consent Decree, provided the
Commission issues an Order adopting the Consent Decree without change,
addition, modification, or deletion. AIJE 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 AIJE nor the Commission shall contest the
validity of the Consent Decree or the Adopting Order, and AIJE shall
waive any statutory right to a trial *de novo*. AIJE 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.

13\. [Subsequent Rule or Order]{.underline}. 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 AIJE does
not expressly consent) that provision will be superseded by such
Commission rule or Order.

14\. [Successors and Assigns]{.underline}. AIJE agrees that the
provisions of this Consent Decree shall be binding on its successors,
assigns, and transferees.

15\. [Final Settlement]{.underline}. 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. The
Parties agree that this Consent Decree is for settlement purposes only
and that by agreeing to this Consent Decree, AIJE does not admit or deny
noncompliance, violation or liability for violating the Act, the
Commission's Rules or Orders in connection with the matters that are the
subject of this Consent Decree.

16\. [Modifications]{.underline}. This Consent Decree cannot be modified
without the advance written consent of both Parties.

17\. [Paragraph Headings]{.underline}. 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 Decree.

18\. [Authorized Representative]{.underline}. Each party represents and
warrants to the other that it has full power and authority to enter into
this Consent Decree.

19\. [Counterparts]{.underline}. This Consent Decree may be signed in
any number of counterparts (including by facsimile), each of which, when
executed and delivered, shall be an original, and all of which
counterparts together shall constitute one and the same fully executed
instrument.

+-----------------------------------+-----------------------------------+
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\   |                                   |
| _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ |                                   |
|                                   |                                   |
| Kris Anne Monteith                |                                   |
|                                   |                                   |
| Chief                             |                                   |
|                                   |                                   |
| Enforcement Bureau                |                                   |
|                                   |                                   |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\   |                                   |
| _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ |                                   |
|                                   |                                   |
| Date                              |                                   |
|                                   |                                   |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\   |                                   |
| _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ |                                   |
|                                   |                                   |
| Yitzhok Sokol                     |                                   |
|                                   |                                   |
| President                         |                                   |
|                                   |                                   |
| American Institute for Jewish     |                                   |
| Education                         |                                   |
|                                   |                                   |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\   |                                   |
| _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ |                                   |
|                                   |                                   |
| Date                              |                                   |
+-----------------------------------+-----------------------------------+

[^1]: *See* 47 U.S.C. § 399b.

[^2]: 47 C.F.R. § 73.801 makes certain rules, including 47 C.F.R. §
    73.503, applicable to low power FM stations, such as Station
    WMDI-LP. *See* 47 C.F.R. §§ 73.801 and 73.503(d).

[^3]: *See* Letter from Benigno E. Bartolome, Deputy Chief,
    Investigations and Hearings Division, Enforcement Bureau, to
    American Institute for Jewish Education, dated September 18, 2007
    ("*LOI*").

[^4]: *See supra,* note 2.

[^5]: *See* 47 U.S.C. § 399b.

[^6]: *See* 47 U.S.C. § 399b(a).

[^7]: *See* 47 U.S.C. § 399b(b)(2).

[^8]: *See Commission Policy Concerning the Noncommercial Nature of
    Educational Broadcasting Stations*, Public Notice (1986),
    *republished*, 7 FCC Rcd 827 (1992).

[^9]: *See id*.

[^10]: *See Xavier University*, Letter of Admonition, issued November
    14, 1989 (Mass Med. Bur.), *recons. granted*, Memorandum Opinion and
    Order, 5 FCC Rcd 4920 (1990).

[^11]: *See* Letter from Barry A. Friedman, Esq., to Marlene H. Dortch,
    Secretary, Federal Communications Commission, dated November 19,
    2007, and filed on behalf of AIJE ("*LOI Response*"). The *LOI
    Response* was filed pursuant to extensions of time for filing a
    response.

[^12]: *See id.* at Declaration 1-3, contained with *LOI Response*.

[^13]: *See* Email from Barry A. Friedman, Esq., to Melissa Marshall,
    dated August 15, 2008; Emails from Barry A. Friedman, Esq., to
    Melissa Marshall, dated August 18, 2008; Email from Barry A.
    Friedman, Esq., to Melissa Marshall, dated September 11, 2008.

[^14]: *See Xavier University,* *supra,* note 10.