**[CONSENT DECREE]{.underline}**

## I. Introduction

1\. This Consent Decree is entered into by and between the Media Bureau
of the Federal Communications Commission, and Ruth Pollack, Executrix of
the Estate of Chester P. Coleman, for the purpose of resolving certain
issues regarding compliance with the Public File Rule, as defined below,
that have arisen during the Media Bureau's review of the pending
applications for the renewal of the licenses for Stations KAXX(AM),
Eagle River, Alaska, and KZND-FM, Houston, Alaska.

**II. Definitions**

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

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

(b) "Applications" or, any one, an "Application" means the pending
    applications for the renewal of the licenses for Station KAXX(AM),
    Eagle River, Alaska (File Nos. BR-19980706WA and BR-20050930AJJ) and
    for Station KZND-FM, Houston, Alaska (File No. BRH-20050930AJR);

(c) "Bureau" means the Media Bureau of the Federal Communications
    Commission;

\(d\) "Commission" or "FCC" means the Federal Communications Commission;

\(e\) "Compliance Plan" means the processes and procedures developed by
the Licensee

in an effort to ensure compliance with the Public File Rule at the
Stations, as summarized in the Appendix hereto;

\(f\) "Effective Date" means the date on which the Bureau releases the
Order;

\(g\) "Execution Date" means the date on which this Consent Decree is
executed by the

last of the Parties to do so;

\(h\) "Licensee" refers to Ruth Pollack, Executrix of the Estate of
Chester P. Coleman;

\(i\) "Order" means the order of the Bureau adopting this Consent
Decree;

\(j\) "Parties" means the Bureau and the Licensee;

\(k\) "Public File Rule" means Section 73.3526 of the Commission's
Rules, 47 C.F.R.

§ 73.3526;

\(l\) "Rules" means the Commission's Rules, found in Title 47 of the
Code of Federal Regulations;

\(m\) "Stations" or, either, a "Station," means Stations KAXX(AM), Eagle
River, Alaska, Facility ID No. 53491, and KZND-FM, Houston, Alaska,
Facility ID No. 10770; and

(n) "Violations" means the violations of the Public File Rule at the
    Stations.

**III. Background**

3\. On July 6, 1998, the then-licensee of the Stations, Chester P.
Coleman ("Coleman"), filed an application for renewal of his license for
Station KAXX(AM) more than 9 months after the application was due to be
filed under the Rules. That application remains pending before the
Bureau. On September 30, 2005, Coleman filed a second application for
renewal of his license for Station KAXX(AM) and an application for
renewal of his license for Station KZND-FM (collectively, the "2005
Applications"). The 2005 Applications disclosed to the Commission that
each of the Stations had not fully complied with the Commission's Public
File Rule. In March 2006, Coleman passed away. In response to inquiries
from the Bureau's staff relating to the compliance issues raised by the
disclosures in the 2005 Applications, the Licensee, as Executrix for the
Coleman estate, attempted to provide the requested information
concerning the Stations' Public File Rule compliance, but the materials
that she was able to gather from the Stations' files were insufficient
to resolve the issues raised by the disclosures in the 2005
Applications.

4\. Additionally, there are three *Forfeiture Orders* issued to Coleman
or to American Radio Brokers, Inc. ("ARB"), a company that he solely
owned, by the Commission's Enforcement Bureau that are unpaid
(collectively, the "Forfeiture Orders"): (a) an October 13, 2000,
Forfeiture Order*,* to ARB, in the amount of \$4,000 for violation of
Section 1.89(b) of the Rules by failing to respond to a written Notice
of Violation concerning Station KAXX(AM) (File No. EB-00-AN-033,
NAL/Acct No. X3278001);[^1] (b) a March 11, 2005, Forfeiture Order*,* to
Coleman with regard to the Stations, in the amount of \$24,000 for
failure to maintain main studios and a local or toll free number and to
adhere to minimum operating schedules and unauthorized discontinuance of
authorized operations (File Nos. EB-03-AN-091 and EB-03-AN-092,
NAL/Acct. No. 200532780003);[^2] and (c) a March 11, 2005, Forfeiture
Order, to ARB, as the registrant of the antenna structure used by the
Stations, in the amount of \$13,000 for failure to comply with lighting
requirements and to notify an office or flight service station of the
Federal Aviation Administration regarding light outages (File No.
EB-04-AN-028, NAL/Acct. No. 200532780002).[^3] As Executrix of Coleman's
estate, the Licensee has agreed to satisfy the forfeiture obligations
imposed by the Forfeiture Orders as a component of this Consent Decree.

5\. Because of the compliance issues raised by the representations
concerning the Stations' compliance with the Public File Rule in the
2005 Applications, and the above-noted outstanding forfeitures, the
Parties have agreed to enter into this Consent Decree, to which both the
Licensee and the Bureau intend to be legally bound.

**IV. Agreement**

6\. The Parties acknowledge that any proceedings that might result from
the Public File Rule compliance issues referred to in Paragraph 3 above
and the outstanding forfeitures referred to in Paragraph 4 above would
be time consuming and require a substantial expenditure of public and
private resources. In order to conserve such resources, to resolve these
matters and to promote the Licensee's compliance with the Public File
Rule, the Parties are entering into this Consent Decree, in
consideration of the mutual commitments made herein.

7\. The Licensee and the Bureau agree to be legally bound by the terms
and conditions of this Consent Decree. Each represents and warrants to
the other that its signatory is duly authorized to enter into this
Consent Decree on its behalf. The Licensee agrees that the Bureau has
jurisdiction over the matters contained in this Consent Decree and the
authority to enter into and adopt this Consent Decree.

8\. The Parties agree and acknowledge that this Consent Decree shall
constitute a final settlement between the Licensee and the Bureau
concerning the Licensee's Violations at the Stations, as discussed
herein.

9\. In express reliance on the covenants and representations in this
Consent Decree, the Bureau agrees that it will not use the Violations in
any action against the Licensee, provided that the Licensee satisfies
all of her obligations under this Consent Decree. In the event that the
Licensee fails to satisfy any of her obligations under this Consent
Decree, the Bureau may take any enforcement action available pursuant to
the Act and the Rules with respect to each of the Violations, and/or the
violation of this Consent Decree.

10\. The Licensee hereby stipulates that the Stations each violated the
Public File Rule in the maintenance of the Stations' public files during
their current license terms.

11\. The Licensee agrees to make a voluntary contribution to the United
States Treasury in the amount of Twenty Thousand Dollars (\$20,000.00)
within thirty (30) days of the Effective Date. Such contribution will be
made, without further protest or recourse to a *trial de novo*, by a
check or similar instrument, wire transfer or money order drawn to the
order of the Federal Communications Commission. The payment must include
FRN No. 0006533046 and NAL Account No. MB200741410023. Any payment by
check or money order may be mailed to the Federal Communications
Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340. Payment by
overnight mail may be sent to Mellon Bank/LB 358340, 500 Ross Street,
Room 1540670, Pittsburgh, PA 15251. Any payment by wire transfer may be
made to ABA Number 043000261, receiving bank Mellon Bank, and Account
Number 911-6106, pursuant to Commission procedures for wire transfers.

12\. The Licensee also agrees to pay in full the forfeiture amounts
specified in the three outstanding Forfeiture Orders described in
Paragraph 4, above within thirty (30) days of the Effective Date. Such
payment will be made, without further protest or recourse to a *trial de
novo*, by three separate checks or similar instrument, wire transfers or
money orders drawn to the order of the Federal Communications
Commission. Each payment must reference the respective FRN No. and NAL
Account No. and be in the amount as follows: (a) FRN No. 0010287019, NAL
Account No. X3278001, in the amount of \$4,000.00; (b) FRN No.
0005037585, NAL Account No. 200532780003, in the amount of \$24,000.00;
and (c) FRN No. 0010287019, NAL Account No. 200532780002, in the amount
of \$13,000.00. Any payment by check or money order may be mailed to the
Federal Communications Commission, P.O. Box 358340, Pittsburgh, PA
15251-8340. Payment by overnight mail may be sent to Mellon Bank/LB
358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Any payment
by wire transfer may be made to ABA Number 043000261, receiving bank
Mellon Bank, and Account Number 911-6106, pursuant to Commission
procedures for wire transfers.

13\. The Bureau agrees to grant the Applications after the Effective
Date, provided that the following conditions have been met: (1) the
Licensee has fully and timely satisfied her obligation to make the
voluntary contribution in the manner specified in Paragraph 11 above;
(2) the Licensee has fully and timely paid the forfeitures imposed by
the Forfeiture Orders in the manner specified in Paragraph 12 above; and
(3) there are no issues other than the Violations that would preclude
grant of the Applications. In the event that there are issues that would
preclude the grant of any of the Applications regarding a Station, such
application(s) will remain pending, but such a state of affairs will not
preclude the grant of the application(s) for the other Station, provided
that it has no such outstanding issues, and the above conditions have
been satisfied with regard to that Station.

14\. The Licensee represents that, in addition to the existing policies
and procedures, she has adopted, is currently in the process of
implementing, and agrees to abide by the Compliance Plan for the purpose
of ensuring compliance with the Public File Rule. The Licensee agrees,
to the extent that she has not already done so, to implement this
Compliance Plan at each of the Stations no later than thirty (30) days
after the Effective Date and to keep such Compliance Plan in effect for
three (3) years thereafter.

15\. The Licensee represents that, as of the Execution Date of this
Consent Decree, the Stations' public files fully comply with the Public
File Rule.

16\. The Licensee agrees that she is required to comply with each
individual condition of this Consent Decree. Each specific condition is
a separate condition of the Consent Decree, as approved. To the extent
that the Licensee fails to satisfy any condition, provision of the Act,
or Commission Rule, in the absence of Commission alteration of the
condition or Rule, the Licensee will be deemed noncompliant and may be
subject to possible enforcement action, including, but not limited to,
revocation of the relief, designation of the matter for hearing, letters
of admonishment and/or forfeitures.

17\. The Consent Decree will be binding on the Licensee's
successors-in-interest and assigns. To this end, any application for
consent to assign either or both of the Stations' licenses shall include
a statement executed by an authorized officer of the proposed assignee
consenting to assumption by the assignee of the responsibilities and
duties regarding the Stations(s) subject to the application set forth in
this Consent Decree, including, but not limited to, the continued
operation of the Compliance Plan with regard to such Station(s).

18\. The Licensee waives any and all rights she may have to seek
administrative or judicial reconsideration, review, appeal, or stay, or
to otherwise challenge the validity of this Consent Decree and the
Order, provided that the Order adopts the Consent Decree without change,
addition or modification.

19\. The Licensee agrees to waive any claims she may otherwise have
under the Equal Access to Justice Act, 5 U.S.C. Section 504 and 47
C.F.R. Section 1.1501 *et seq.*, relating to the matters discussed in
this Consent Decree. If the Commission, or the United States on its
behalf, brings a judicial action to enforce the terms of the Order or
this Consent Decree, or both, the Licensee will not contest the validity
of this Consent Decree or Order, and will waive any statutory right to a
*trial* *de novo.* If the Licensee brings a judicial action to enforce
the terms of the Order or this Consent Decree, or both, the Commission
will not contest the validity of this Consent Decree or the Order.

20\. The Parties agree that the provisions of this Consent Decree shall
be subject to approval by the Bureau by incorporation of such provisions
by reference in the Order adopting this Consent Decree without change,
addition or modification.

21\. The Parties agree that this Consent decree shall become effective
on the date on which the Bureau releases the Order. Upon release, the
Order and this Consent Decree shall have the same force and effect as
any other orders of the Commission and any violation of the terms of
this Consent Decree shall constitute a violation of a Commission order,
entitling the Commission to exercise any rights and remedies attendant
to the enforcement of a Commission order.

22\. The Licensee and the Bureau agree that, in the event that this
Consent Decree is rendered invalid by any court of competent
jurisdiction, it will become null and void and may not be used in any
manner in any legal proceeding.

23\. This Consent Decree may be signed in counterparts and/or by
telecopy and, when so executed and delivered, the counterparts, taken
together, will constitute one and the same legally binding and
enforceable instrument.

**MEDIA BUREAU**

**FEDERAL COMMUNICATIONS COMMISSION**

By:
[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

Monica Shah Desai, Chief

Date:
[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

**RUTH POLLACK, EXECUTRIX OF THE ESTATE OF CHESTER P. COLEMAN**

[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

Date:
[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

**[APPENDIX]{.underline}**

**COMPLIANCE PLAN FOR STATIONS KAXX(AM) AND KZND-FM**

Ruth Pollack, Executrix of the Estate of Chester P. Coleman, or her
successors-in-interest as licensee of either or both of the Stations, as
appropriate, will institute the following procedures to ensure
compliance with the Commission's Public File Rule. Unless otherwise
provided, all terms defined in the Consent Decree apply to this
Compliance Plan.

I. A. The Station Manager and other appropriate staff of each Station
will log all broadcasts of public affairs and public service programming
broadcast by the Station. Additionally, the Licensee shall require Tati
Broadcasting, LLC ("Tati"), which currently presents programming over
the Stations pursuant to a Time Brokerage Agreement on file with the
Commission (the "TBA"), strictly to comply with its obligations under
the TBA to timely provide the Licensee "with information concerning
public affairs programming and public service announcements included in
\[Tati's\] programming for inclusion, as \[Licensee\] sees fit, in
Licensee's quarterly public file issues and programs lists." The logs of
public affairs and other public service programming produced by the
Licensee's staff and the information provided to the Licensee concerning
public affairs programming and public service announcements included in
programming presented on the Stations by Tati during the term of the TBA
will be compiled into quarterly issues/programs lists and will be timely
placed in the public file of each of the Stations.

B. All such quarterly issues/programs lists will be signed and dated by
their preparer before they are placed in their respective public files.

C. Any late-filed list will be reviewed and signed by the Stations'
management and accompanied in the Station public file with a statement
indicating the nature of the document, the date placed in the file, and
the reason for the late filing.

D. The Stations' management will train all employees concerning the
absolute requirement to follow all Commission rules, regulations, and
policies, specifically fully explaining the obligations imposed by the
Public File Rule to each employee charged with maintenance of the
Stations' public files. Should the Licensee or the Stations' or
management learn that the Public File Rule has been violated, any
employee responsible will be subject to appropriate disciplinary action,
including suspension without pay and termination.

II\. For a period of three years from the Effective Date, the Licensee
and any successor licensee, as appropriate, will conduct in-house audits
of the Stations' public files as detailed below. The three-year period
will terminate on the successful completion of the third annual audit
pursuant to Item II(C). The second and third audits pursuant to Item
II(C) will be due on the anniversary of the first audit. The audits of
the public files shall be performed as follows:

A. quarterly audits of the Stations' public files, by telephone or
facsimile, will be conducted by FCC counsel or an authorized
representative of the Alaska Broadcasters Association under the
Alternative Broadcast Inspection Program;

B. a semi-annual review of the Stations' public files will be conducted
by the Stations' management; and

C. annual, in-person, audits of the Stations' public files will be
conducted by an authorized representative of the Alaska Broadcasters
Association under the Alternative Broadcast Inspection Program. The
first annual audit shall be completed not less than six (6) months and
not more than nine (9) months following the Effective Date.

III\. The Licensee shall annually submit a sworn certification to the
Commission, signed by the Licensee, that the Stations' public inspection
files fully comply with the Public File Rule. If the Licensee cannot
truthfully make this certification, the Licensee shall set forth in
detail any public file deficiencies, and describe any corrective
measures taken. This report shall be filed within ten (10) days of the
completion of the first annual public file audit pursuant to Item II(C)
above, and on that date yearly thereafter during each year of the each
Station license term. A copy will be served on Peter H. Doyle, Chief,
Audio Division, Media Bureau, Federal Communications Commission and
e-mailed to him at peter.doyle@fcc.gov.

IV\. The Compliance Plan, set forth above, will be under the direct
supervision of Ruth Pollack, Executrix of the Estate of Chester P.
Coleman, as the Licensee or, in the event Ms. Pollack is no longer the
Licensee or the license has been assigned, by her successor licensee(s)
or its designee.

[^1]: *American Radio Brokers, Inc.*, Forfeiture Order, 15 FCC Rcd 19712
    (EB 2000), *recon. denied,* Memorandum Opinion and Order, 16 FCC Rcd
    7543 (EB 2001), *rev. denied*, Memorandum Opinion and Order, 16 FCC
    Rcd 15024 (2001).

[^2]: *Chester P. Coleman c/o American Radio Brokers, Inc.*, Forfeiture
    Order, 20 FCC Rcd 5147 (EB 2005).

[^3]: *American Radio Brokers, Inc.*, Forfeiture Order, 20 FCC Rcd 5165
    (EB 2005).