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                         CONSENT DECREE

     1.   The Enforcement  Bureau of  the Federal  Communications 
Commission (``Commission or FCC'') and Fifth Avenue  Broadcasting 
Co., Inc.  (``Fifth  Avenue'')  hereby enter  into  this  Consent 
Decree for  the purpose  of terminating  a forfeiture  proceeding 
arising from  an  investigation  of  Fifth  Avenue,  for  alleged 
violations of Sections 73.1225(d)(1), 73.1350(a),  73.1690(b)(2), 
73.3526(e)(1),  and  73.3526(e)(12)  of  the  Commission's  Rules 
(``Rules'').1

                           BACKGROUND

     2.   On  September  14,  2000,  the  Federal  Communications 
Commission received a  complaint that Fifth  Avenue had  ``...re-
located its AM transmission site into another state without prior 
Commission   authorization...''.    The   complainant   requested 
``...immediate Commission action  to require  the termination  of 
the  unauthorized   and  potentially   dangerous  operations   of 
WCMI(AM).''  On September 25, 2000,  an FCC agent from the  FCC's 
Detroit,  Michigan  Field  Office  (``Field  Office'')  monitored 
Station WCMI(AM) for  transmissions.  The  station, however,  was 
not on the air at the time.  On September 26, 2000, the FCC agent 
conducted an inspection of  Station WCMI(AM), and Fifth  Avenue's 
Stations WDGG(FM), and  WRVC-FM.  The studios  of these  stations 
are co-located in Huntington, West Virginia.  As a result of  the 
inspection, it was  determined that WCMI(AM)  had been  operating 
from an unauthorized location from approximately August 18, 1999, 
until September 22, 2000.  During the inspection, the agent  also 
determined that Fifth Avenue had violated Sections 73.1225(d)(1), 
73.1350(a), 73.1690(b)(2), 73.3526(e)(1),  and 73.3526(e)(12)  of 
the Rules.

     3.   On November 20, 2000, the Field Office issued a  Notice 
of Violation (``NOV'')  to Fifth Avenue  regarding WCMI(AM).   On 
December 4, 2000, Fifth Avenue  filed a request for an  extension 
of time to  reply to the  NOV.  The request  was granted, and  on 
December 12, 2000, Fifth Avenue filed a reply.  On September  21, 
2001, the  Field  Office  issued  to Fifth  Avenue  a  Notice  of 
Apparent Liability for  Forfeiture in the  amount of $20,000  for 
willful  and  repeated  violations  of  Sections   73.1225(d)(1), 
73.1350(a), 73.1690(b)(2), 73.3526(e)(1),  and 73.3526(e)(12)  of 
the Rules.  The noted violations involved Fifth Avenue's  failure 
to maintain records, failure to operate WCMI(AM) according to the 
terms of the station authorization by constructing and  operating 
from an unauthorized  location, failure to  file required  forms, 
and failure to maintain a public inspection file.

                             DEFINITIONS

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

          a.   The    ``Commission''     means    the     Federal 
Communications Commission.
          b.   The ``Bureau'' means the Enforcement Bureau of the 
Commission.
          c.   ``Fifth Avenue'' means  Fifth Avenue  Broadcasting 
               Co., Inc., licensee of Stations
               WCMI(AM), Ashland,  Kentucky,  WDGG(FM),  Ashland, 
               Kentucky, and WRVC-FM, Catlettsburg, Kentucky.
          d.   The ``Order''  means the  Bureau's order  adopting 
               this Consent Decree.
          e.   ``Enforcement Proceeding'' means the investigation 
               of alleged rule violations by
               Fifth Avenue culminating in the Notice of Apparent 
          Liability for Forfeiture.
          f.   ``Notice of  Apparent Liability  For  Forfeiture'' 
               means Fifth Broadcasting Co.,  Inc., File No.  EB-
               00-DT-779, NAL/Acct. No. 200132360003 (Enf.  Bur., 
               Detroit Office, rel. September 21, 2001).
                            AGREEMENT

     5.   Fifth Avenue acknowledges  and agrees  that the  Bureau 
has jurisdiction  over the  matters  referenced in  this  Consent 
Decree and that the  Bureau has the authority  to enter into  and 
adopt this Consent Decree.

     6.   Fifth Avenue  and the  Bureau agree  that this  Consent 
Decree does not constitute an adjudication of the merits, or  any 
finding on the facts or law regarding any violations committed by 
Fifth Avenue arising out of the Enforcement Proceeding, and  that 
it is not  to be construed  as an admission  of any violation  by 
Fifth Avenue.

     7.   Fifth Avenue and the Bureau agree to the following:

          a.   Within thirty (30) days of the release date of the 
          Order, Fifth Avenue will make a voluntary  contribution 
          to the United States Treasury by paying five (5)  equal 
          payments of  Two  Thousand Dollars  ($2,000.00)  for  a 
          total of  Ten Thousand Dollars ($10,000.00).  The first 
          installment payment will be due thirty (30) days  after 
          the Order  is  released,  with each  of  the  four  (4) 
          subsequent payments  due in  thirty (30)-day  intervals 
          thereafter.

          b.   Fifth Avenue will continue to operate pursuant  to 
          its existing Compliance Plan which it had put in  place 
          upon learning  of  its  violations to  ensure  that  no 
          further  violations  of  the  Commission's  Rules  will 
          occur, with  particular attention  to those  violations 
          set forth  in  the  Notice of  Apparent  Liability  for 
          Forfeiture.  The  Compliance  Plan is  administered  by 
          Fifth Avenue's  President  and  General  Manager,  with 
          assistance from Fifth Avenue's Operations Director.  An 
          outline of  the  Plan  is set  forth  in  Attachment  A 
          hereto.

     8.   Fifth Avenue and the Bureau acknowledge and agree  that 
this Consent Decree  will constitute a  final settlement  between 
them of the Enforcement Proceeding.

     9.   In   express   reliance   upon   the   covenants    and 
representations contained herein, the Bureau agrees to  terminate 
the Enforcement Proceeding at such time as both parties sign this 
Consent Decree and the Bureau adopts this Consent Decree.

     10.  In consideration for the termination of the Enforcement 
Proceeding, Fifth  Avenue agrees  to the  terms, conditions,  and 
procedures detailed in this Consent Decree.

     11.  Fifth Avenue 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   Order   adopts   the   Consent   Decree   without 
modification.

     12.  In the  event  that  the Commission  or  its  delegated 
authority   finds   that    Fifth   Avenue   violates    Sections 
73.1225(d)(1),  73.1350(a),   73.1690(b)(2),   73.3526(e)(1)   or 
73.3526(e)(12)  of  the  Commission's  Rules  subsequent  to  the 
release of this  Consent Decree  and Order,  Fifth Avenue  agrees 
that the Commission or its  delegated authority may consider  the 
violations  documented   in  the   Enforcement  Proceeding   when 
determining an appropriate sanction.

     13.  Fifth  Avenue   and   the   Bureau   agree   that   the 
effectiveness of this Consent Decree is expressly contingent upon 
issuance of  the Order,  provided the  Order adopts  the  Consent 
Decree without modification.

     14.  Fifth Avenue and  the Bureau agree  that, in the  event 
any court of competent  jurisdiction renders this Consent  Decree 
invalid, the Consent Decree  shall become null  and void and  may 
not be used in any manner in any legal proceeding.

     15.  Fifth  Avenue  and  the  Bureau  agree  that,  if   the 
Commission, or the  United States  on behalf  of the  Commission, 
brings a  judicial  action to  enforce  the terms  of  the  Order 
adopting this  Consent  Decree,  neither  Fifth  Avenue  nor  the 
Commission will contest  the validity  of the  Consent Decree  or 
Order and Fifth Avenue will waive any statutory right to a  trial 
de novo with respect to the matter upon which the Order is based, 
and shall consent to a  judgment incorporating the terms of  this 
Consent Decree.

     16.  Fifth  Avenue  agrees  to  waive  any  claims  it   may 
otherwise have under the  Equal Access to  Justice Act, 5  U.S.C. 
Section 504 and 47 C.F.R. Sections 1.1501 et seq.

     17.  Fifth Avenue agrees that  any violation of the  Consent 
Decree or the Order adopting this Consent Decree will  constitute 
a  separate  violation  of  a  Commission  order,  entitling  the 
Commission to exercise  any rights or  remedies attendant to  the 
enforcement of a Commission order.

     18.  Any provision  of this  Consent Decree  affected by  or 
inconsistent with any  subsequent rule  or order  adopted by  the 
Commission will be superseded by such Commission rule or order.

     19.  Fifth Avenue and the  Bureau agree to  be bound by  the 
terms and conditions stated in this Consent Decree.

     20.  Fifth Avenue and  the Bureau agree  that the terms  and 
conditions of this Consent  Decree shall remain  in effect for  a 
period of  twenty-four  (24) months,  which  shall begin  on  the 
release date of the Order.

     21.  This Consent Decree may be signed in counterparts.


FEDERAL COMMUNICATIONS COMMISSION



By:_________________________________________      
Date:____________________________

     David H. Solomon

     Chief, Enforcement Bureau


FIFTH AVENUE BROADCASTING CO., INC.



By:________________________________________       
Date:____________________________

     Richard Michael Kirtner, President

                          Attachment A

                             OUTLINE
               FIFTH AVENUE BROADCASTING CO., INC.
                   TWO-YEAR COMPLIANCE PROGRAM


     The  primary  purpose  of   this  Compliance  Program   (the 
``Program'') is to ensure for Fifth Avenue Broadcasting Co., Inc. 
(``Fifth Avenue'') that an effective and meaningful procedure  is 
in place to detect  and prevent Fifth  Avenue's violation of  the 
FCC Rules  pertaining to  the operation  of its  radio  broadcast 
stations, with  particular  attention  directed  to  the  matters 
relating to the following specified FCC Rules:

         Operation  and  modification  of  station  transmission 
facilities in accordance with  station authorizations and  filing 
appropriate  applications  for  same  [Sections  73.1350(a)   and 
73.1690(b)(2)].

         Maintenance of station authorizations and contour  maps 
in appropriate station  local public  inspection files  [Sections 
73.3526(e)(1) and (4)].

         Organization and maintenance  of issues/programs  lists 
and placement in the appropriate station local public  inspection 
files [Section 73.3526(e)(12)].

         Maintenance of required records,  such as, the  logging 
of antenna  impedance measurements  and maintenance  of  separate 
binders in accessible locations at station transmitter sites  and 
main studio locations [Section 73.1225(d)(1)].

     Specifically,  in  order  to  effectuate  these  goals,  the 
following procedures will  be adopted:  During  each year of  the 
Program's  two   (2)-year  period,   the  Kentucky   Broadcasters 
Association (``KBA''),  under contract  with Fifth  Avenue,  will 
conduct an inspection of  station operations.  Fifth Avenue  will 
forward the  results of  such inspections  (including reports  of 
noncompliance) to the Director of  the FCC Detroit Field  Office.  
Fifth Avenue will also place copies of the inspection reports  in 
its local  public records  file and  copies will  be retained  by 
Fifth Avenue's President/General Manager, Director of  Operations 
and key station staff personnel familiar with the KBA inspections 
and the FCC Rules and procedures reviewed in those inspections.

                In addition to the KBA annual inspections, Fifth 
Avenue will conduct its own monthly compliance 
checks to ensure  that all appropriate  FCC Rules, including  but 
not limited to those  listed above, are  being met.  The  monthly 
checks will  end  when Fifth  Avenue  has completed  twelve  (12) 
consecutive monthly  checks  that indicate  complete  compliance.  
For the next twelve (12) months,  and also subsequent to the  two 
(2)-year Program, Fifth Avenue will  conduct its own checks on  a 
random basis.  Finally, Fifth Avenue will conduct both during and 
after the  Program period,  an annual  training program  for  its 
employees to review  Fifth Avenue's standards  and the FCC  Rules 
applicable to station operations.

     Fifth Avenue is  committed to full  and complete  compliance 
with FCC  Rules,  and in  order  to ensure  compliance,  it  will 
incorporate  this   Program  into   its  operational   practices.  
Ultimate responsibility for the administration of the Program  is 
to  be  held   by  Fifth   Avenue's  President/General   Manager.  
Responsibility for the day-to-day  supervision of the Program  is 
to be  held  by Fifth  Avenue's  recently-named  management-level 
Director  of  Operations,  and   by  Fifth  Avenue's   consulting 
engineer, both of whom are to report regularly to Fifth  Avenue's 
President/General Manager about the results of the Program.

_________________________

  1  47  C.F.R.    73.1225(d)(1),  73.1350(a),   73.1690(b)(2), 
73.3526(e)(1), and 73.3526(e)(12).