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******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the Word or WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** 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 Consequently, the Mass Media Bureau rescinded the assignment grant.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.