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                         Before the
              Federal Communications Commission
                   Washington, D.C. 20554


In the Matter of                  )
                                 )    File No. EB-03-IH-0333 
FORT WAYNE PUBLIC TELEVISION,     )    Acct. No. 200532080006
INC.                              )    FRN  0007158843
                                 )    Facility ID # 22108
Licensee of Noncommercial         )
Educational Television Station    )
WFWA(TV)/DT, Fort Wayne,          )
Indiana


                            ORDER

Adopted: October 21, 2004                  Released: October 
22, 2004

By the Chief, Enforcement Bureau:

      1.  In this Order, we adopt a Consent Decree 
 terminating an investigation by the Enforcement Bureau 
 (the ``Bureau'') into the possible violation by Fort Wayne 
 Public Television, Inc. (``Fort Wayne''), licensee of 
 noncommercial educational television Station WFWA(TV)/DT, 
 Fort Wayne, Indiana, of section 399B of the Communications 
 Act of 1934, as amended,1 and section 73.621(d) of the 
 Commission's rules,2 in connection with the broadcast by 
 Fort Wayne of underwriting acknowledgments over Station 
 WFWA(TV)/DT.  

      2.  The Bureau and Fort Wayne have negotiated the 
 terms of the Consent Decree, a copy of which is attached 
 hereto and incorporated by reference.  After reviewing the 
 terms of the Consent Decree and evaluating the facts 
 before us, we find that the public interest would be 
 served by approving the Consent Decree and terminating the 
 investigation.  In the absence of material new evidence 
 relating to this matter, we conclude that there are no 
 substantial or material questions of fact as to whether 
 Fort Wayne possesses the basic qualifications, including 
 character qualifications, to be or remain a Commission 
 licensee.

      3.  Accordingly, IT IS ORDERED that, pursuant to 
 section 4(i) of the Communications Act of 1934, as 
 amended,3 and the authority delegated by sections 0.111 
 and 0.311 of the Commission's rules,4 the attached Consent 
 Decree IS ADOPTED.

      4.  IT IS FURTHER ORDERED that the confidential 
 complaint dated June 23, 2003, IS DISMISSED.

      5.  IT IS FURTHER ORDERED that the referenced 
 investigation IS TERMINATED.

      6.  IT IS FURTHER ORDERED that copies of this Order 
 shall be sent by regular first class mail and certified 
 mail - return receipt requested, to Fort Wayne Public 
 Television, Inc., 2501 East Coliseum Boulevard, Fort 
 Wayne, Indiana 46805, and to its counsel, Richard Bodorff, 
 Esq., Wiley, Rein & Fielding, 1776 K Street, N.W., 
 Washington, D.C.  20006.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau                        CONSENT DECREE

      7.  The Enforcement Bureau of the Federal 
 Communications Commission, and Fort Wayne Public 
 Television, Inc., by their respective authorized 
 representatives, hereby enter into this Consent Decree for 
 the purpose of resolving and terminating the Enforcement 
 Bureau's investigation into possible violations of section 
 399B of the Communications Act of 1934, as amended, 47 
 U.S.C. 399b, in connection with Fort Wayne Public 
 Television, Inc.'s broadcast of underwriting 
 acknowledgments over noncommercial educational television 
 Station WFWA(TV)/DT, Fort Wayne, Indiana.

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

         a)    The ``Act'' means the Communications Act of 
           1934, as amended, 47 U.S.C.  151 et seq.;

         b)    ``Adopting Order'' or ``Order'' means an 
           order of the Enforcement Bureau adopting this 
           Consent Decree;

         c)    The ``Bureau'' means the Enforcement Bureau 
           of the Federal Communications Commission;

         d)    The ``Commission'' or ``FCC'' means the 
           Federal Communications  Commission;

         e)    ``Complaint'' means the confidential 
           complaint filed against Fort Wayne dated June 
           23, 2003;  

         f)       ``Effective Date'' means the date on which 
           the Bureau releases the Adopting Order;

         g)       ``Final Order'' means the status of the 
           Adopting Order after the period for 
           administrative and judicial review has lapsed;

         h)     ``Fort Wayne'' means Fort Wayne Public 
           Television, Inc., the licensee of noncommercial 
           educational television Station WFWA(TV)/DT, Fort 
           Wayne, Indiana, their parents, subsidiaries, 
           divisions and affiliates, and each of their 
           respective officers, directors, employees, 
           agents, representatives, or any other person 
           acting or purporting to act on behalf of Fort 
           Wayne or their successors or assigns; 

         i)       ``Investigation'' means the investigation 
           of the allegations contained in the Complaint, 
           including the letter of investigation issued by 
           the Bureau to Fort Wayne on May 21, 2004;

         j)         ``Parties'' means Fort Wayne and the 
           Bureau; 

         k)               ``Rules'' means the Commission's regulations set 
           forth in Title 47 of the Code of Federal 
           Regulations; and

         l)      ``Underwriting Laws'' means section 399B of 
           the Communications Act of 1934, 47 U.S.C.  
           399B, and section 73.621(d) of the Commission's 
           rules, 47 C.F.R.  73.621(d).

                        I.  Background

      9.  The Bureau received the Complaint alleging that 
 Fort Wayne has broadcast certain material in violation of 
 the Underwriting Laws over noncommercial educational 
 television Station WFWA(TV)/DT.  The Bureau thereafter 
 commenced an Investigation to determine whether Fort Wayne 
 may have violated section 399B of the Act and section 
 73.621(d) of the Commission's rules in connection with 
 such broadcasts. Both the Bureau and Fort Wayne 
 acknowledge that any proceeding that might result from the 
 Investigation will be time consuming and will require the 
 expenditure of public and private resources. 

                   II.  Terms of Settlement

      10.      In accordance with the terms of this Consent 
 Decree, the Parties agree to the following terms, 
 conditions, and procedures.

      11.      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 
 an Adopting Order.

      12.      The Parties agree that this Consent Decree 
 shall become effective on the Effective Date.  Upon the 
 Effective Date, the Adopting Order and this Consent Decree 
 shall have the same force and effect as any other order of 
 the Commission and any violation of the terms of this 
 Consent Decree shall constitute a separate violation of a 
 Commission order, entitling the Commission to exercise any 
 rights and remedies attendant to the enforcement of a 
 Commission order.

      13.      Fort Wayne agrees that the Bureau has 
 jurisdiction over the matters that are the subject of this 
 Consent Decree and the authority to enter into and adopt 
 this Consent Decree.

      14.      As part of the Adopting Order, the Bureau 
 shall terminate the Investigation and shall dismiss with 
 prejudice the Complaint.  From and after the Effective 
 Date, the Bureau shall not, either on its own motion or in 
 response to third-party objection, initiate any inquiries, 
 investigations, forfeiture proceedings, hearings, or other 
 sanctions or actions against Fort Wayne, or Station 
 WFWA(TV)/DT, based in whole or in part on (i) the 
 Investigation, (ii) the Complaint, (iii) any other similar 
 complaints alleging violation by Fort Wayne of the 
 Underwriting Laws, with respect to any broadcast of any of 
 the announcements specified in the Complaint occurring 
 prior to the Effective Date, or (iv) the allegations 
 contained in any of the foregoing.  The Bureau agrees 
 that, in the absence of material new evidence, it will 
 not, on its own motion, initiate or recommend to the 
 Commission, any new proceeding, formal or informal, 
 regarding the matters discussed in paragraph 3, above, 
 with regard to broadcasts prior to the Effective Date. The 
 Bureau further agrees that, in the absence of material new 
 evidence, it will not use the facts developed in this 
 Investigation prior to the Effective Date to initiate on 
 its own motion, or recommend to the Commission, any 
 proceeding, formal or informal, or take any action on its 
 own motion against Fort Wayne with respect to its basic 
 qualifications to be or remain a Commission licensee.  
 Nothing in this Consent Decree shall prevent the Bureau 
 from instituting, or recommending to the Commission, new 
 investigations or enforcement proceedings against Fort 
 Wayne, in the event of any alleged future misconduct for 
 violation of this Consent Decree or for violation of the 
 Act or the Commission's rules, consistent with the 
 provisions of this Consent Decree.

      15.      Fort Wayne admits, solely for the purpose of 
 this Consent Decree and for FCC civil enforcement 
 purposes, and in express reliance on the provisions of 
 Paragraph 8 hereof, that the underwriting announcements at 
 issue in the Investigation (other than the announcements 
 aired with respect to AquaTek and the not-for-profit 
 enterprises) are in violation of the Underwriting Laws.  
 Notwithstanding any other provision of this Consent 
 Decree, it is expressly agreed and understood that if this 
 Consent Decree is breached by the Bureau, or is 
 invalidated or modified to Fort Wayne's prejudice by the 
 Commission or by any court, then the provisions of the 
 immediately-preceding sentence shall be of no force or 
 effect whatever, and Fort Wayne shall not, by virtue of 
 that sentence or any other provision of this Consent 
 Decree, be deemed to have made any admission concerning 
 any announcements broadcast on Station WFWA(TV)/DT.

      16.      The Parties agree and acknowledge that this 
 Consent Decree shall constitute a final settlement between 
 them concerning the Bureau's Investigation of the matters 
 discussed in paragraph 3, above. 

      17.       In consideration of the Bureau's termination 
 of its Investigation into these matters, Fort Wayne agrees 
 to the terms set forth herein.

      18.       Fort Wayne agrees that it will make a 
 voluntary contribution to the United States Treasury in 
 the amount of  $1,000.00 within five (5) calendar days 
 after the Effective Date of the Adopting Order.  The 
 payment must be made by check or similar instrument, 
 payable to the order of the Federal Communications 
 Commission.  The payment must include the Acct. No. and 
 FRN referenced above.  Payment by check or money order may 
 be mailed to Forfeiture Collection Section, Finance 
 Branch, Federal Communications Commission, P.O. Box 73482, 
 Chicago, Illinois 60673-7482.  Payment by overnight mail 
 may be sent to Bank One/LB 73482, 525 West Monroe, 8th 
 Floor Mailroom, Chicago, IL 60661.  Payment by wire 
 transfer may be made to ABA Number 071000013, receiving 
 bank Bank One, and account number 1165259. 

      19.      As a further condition to this agreement, 
 Fort Wayne will institute and follow the terms of the 
 Compliance Plan identified in the Attachment to this 
 Consent Decree within thirty (30) days of the Effective 
 Date.

      20.       Fort Wayne agrees that it 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 
 Fort Wayne fails to satisfy any condition, in the absence 
 of Commission alteration of the condition, it 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, or forfeitures.

      21.       Fort Wayne 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 Adopting Order adopts the 
 Consent Decree without change, addition or modification 
 adverse to Fort Wayne.

      22.       Fort Wayne 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 discussed in this Consent Decree.

      23.       If any Party (or the United States on behalf 
 of the FCC) brings a judicial action to enforce the terms 
 of the Adopting Order, Fort Wayne and the FCC shall not 
 contest the continuing validity of the Consent Decree or 
 Adopting Order.  

      24.       In the event that this Consent Decree is 
 rendered invalid by any court of competent jurisdiction, 
 this Consent Decree shall become null and void and may not 
 be used in any manner in any legal proceeding.

      25.       This Consent Decree may be signed in 
 counterparts.


 For the Enforcement Bureau        



 ________________________________            _______________
 David H. Solomon                                 Date
 Chief, Enforcement Bureau


 For Fort Wayne Public Television, Inc.


 ___________________________________         _______________
 Roger Rhodes                                Date
 President and General Manager



                         Attachment


                       Compliance Plan


   1.     Fort Wayne has established and will maintain a 
     multi-level review procedure for underwriting content 
     to be aired on Station WFWA(TV)/DT.  All scripts of 
     announcements will be reviewed, prior to broadcast, for 
     compliance with FCC underwriting rules and regulations 
     by: (i) the Marketing/Underwriting Manager, (ii) 
     Operations Division Manager, (iii) the producer of the 
     announcement, and (iv) if there is uncertainty as to 
     the legality of such announcement, then the General 
     Manager and/or outside communications counsel.  

   2.     Fort Wayne has and will conduct training on 
     acceptable underwriting content for all station general 
     management and staff responsible for underwriting 
     content with PBS staff and communications attorneys.  
     To augment this training, outside counsel conducted an 
     on-site training session for the foregoing stations' 
     staff and management with respect to practical 
     application of the underwriting content standards and 
     guidelines.  Outside counsel, or other comparable 
     professionals, will conduct a second on-site workshop 
     in the fall of 2004 or early 2005.  The station will 
     videotape this workshop and use it as refresher 
     training for staff and management at least every twelve 
     (12) months, include it as a mandatory part of 
     underwriting sales executive training, and use it to 
     train any new station employees involved in 
     underwriting promptly after they commence their duties. 

   3.     Fort Wayne has also implemented and will maintain 
     a plan to proactively educate prospective underwriting 
     clients about appropriate underwriting content.  To 
     that end, underwriting account executives are and will 
     be required to provide an overview of underwriting 
     announcement guidelines to prospective clients before 
     contracts are accepted.













_________________________

1 47 U.S.C.  399b.

2 47 C.F.R.  73.621.

3 47 U.S.C.  154(i).

4 47 C.F.R.  0.111, 0.311.