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CONSENT DECREE
1. The Enforcement Bureau of the Federal
Communications Commission (the ``Commission'') and Robert J.
Raide (``Raide'') and Radio Corporation hereby enter into
this Consent Decree for the purpose of terminating a
proceeding arising from questions as to Raide's and Radio
Corporation's control of Station WKRH(FM), Minetto, New
York.
Background
2. On November 5, 1996, Raide filed an application to
obtain the license to cover construction of Station
WKRH(FM), Minetto, New York. The Mass Media Bureau granted
that application on February 5, 1997. In December 1996,
Raide filed an application to assign the station's permit to
Radio Corporation (in which Raide holds one-third of the
voting shares). However, Mellon Bank apparently lost that
application, and the Commission thus never processed it.
Nevertheless, Raide and Radio Corporation acted as if the
Commission granted the application. In this regard, in
February 1998, Radio Corporation mistakenly sought and
received renewal of license for Station WKRH.1
Notwithstanding the erroneous grant to Radio Corporation, in
March 2000, Raide resubmitted his application to assign the
license for Station WKRH, which the Mass Media Bureau
ultimately granted.2 However, on May 5, 2000, Raide and
Radio Corporation submitted to the Mass Media Bureau a
statement titled ``Disclosure Concerning WKRH(FM)''
(``Disclosure''). Therein, they informed the Mass Media
Bureau that Radio Corporation had controlled the station
from early 1997 until March 2000 under the mistaken belief
that it was the licensee. Consequently, the Mass Media
Bureau rescinded the assignment grant. The application to
assign the WKRH license is pending.
Definitions
3. For purposes of this 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) Raide includes his immediate successors and
assigns.
(d) Radio Corporation includes its immediate
successors and assigns.
(e) ``Order'' means the Bureau's order adopting this
Consent Decree.
(f) The ``Act'' means the Communications Act of 1934,
as amended, 47 U.S.C. §§ 151 et seq.
Agreement
4. Raide and Radio Corporation acknowledge and agree
that the Commission 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.
5. Raide, Radio Corporation and the Bureau acknowledge
and agree that this Consent Decree does not constitute
either an adjudication on the merits or a factual or legal
finding or determination, regarding any violation of Section
310(d) of the Act, 47 U.S.C. § 310(d), that may have been
committed with respect to Radio Corporation's involvement in
the operation of Station WKRH(FM), Minetto, New York,
between February 1998 and March 2000. Raide, Radio
Corporation and the Bureau acknowledge and agree that this
Consent Decree is for settlement purposes only and that by
agreeing to this Consent Decree, Raide and Radio Corporation
do not admit any violation.
6. Raide, Radio Corporation and the Bureau acknowledge
and agree that this Consent Decree shall constitute a final
settlement between them.
7. In express reliance on the covenants and
representations contained herein, the Bureau shall not
initiate a forfeiture proceeding relative to the matters
noted in the Order adopting this Consent Decree.
8. Raide and Radio Corporation acknowledge and agree
that, in accordance with their May 2000 disclosure to the
Commission, Raide always has been the licensee of Station
WKRH. Raide and Radio Corporation further acknowledge and
agree that, to the extent the Commission's records ever
reflected that Radio Corporation was the licensee of Station
WKRH, such was erroneous and of no legal consequence. In
this regard, Raide and Radio Corporation acknowledge and
agree that the Commission's records now correctly reflect
that Raide is the licensee of Station WKRH.
9. Raide and Radio Corporation promise to comply with
the requirements of Section 310(d) of the Act with respect
to the operation of Station WKRH. In this regard, Raide
will continue to fulfill his obligations as licensee of WKRH
until such time as the application to assign that station's
license from Raide to Galaxy (File No. BALH-20000308AAB) is
granted by the Commission and consummated by the parties to
that application.
10. Raide and Radio Corporation, either individually
or collectively, shall make a voluntary contribution to the
United States Treasury in the total amount of eight thousand
dollars ($8,000). The contribution is to be made within
five (5) days after the Order adopting this Consent Decree
is no longer subject to reconsideration, appeal or review in
accordance with the Act and the Commission's rules.
11. Raide and Radio Corporation waive any and all
rights they 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. The effectiveness of this Consent Decree is
expressly contingent upon issuance of the Order, provided
the Order adopts the Consent Decree without modification.
13. 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.
14. 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
Raide, Radio Corporation, nor the Commission will contest
the validity of the Consent Decree or Order, and Raide and
Radio Corporation will waive any statutory right to a trial
de novo.
15. Raide and Radio Corporation agree to waive any
claims they may otherwise have under the Equal Access to
Justice Act, 5 U.S.C. § 504 and 47 C.F.R. §§ 1.1501 et seq.
16. 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 and remedies attendant to the
enforcement of a Commission order.
17. 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.
18. This Consent Decree may be signed in counterparts.
FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
By: __________________________ ____________
Jane E. Mago Date
Deputy Chief, Enforcement Bureau
By: _________________________ ____________
Robert J. Raide Date
RADIO CORPORATION
By: ________________________ ____________
Edward F. Levine Date
President
_________________________
1 See File No. BRH-19980202I3, granted May 20, 1998.
2 The initial proposed assignee was Radio Corporation. By
amendment filed March 31, 2000, Galaxy Communications, L.P.
(``Galaxy''), was substituted as the proposed assignee.
Raide holds a voting and equity interest in Galaxy's general
partner and is an officer and director of that entity.