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Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the Matter of )
)
KENERGY CORP. ) Acct. No. 200132080016
) File No. EB-00-IH-0384, GS
Licensee of Various )
Authorizations in Kentucky
MEMORANDUM OPINION AND ORDER
Adopted: January 26, 2001 Released: January 31,
2001
By the Chief, Enforcement Bureau:
1. By this Memorandum Opinion and Order we adopt the attached
Consent Decree in which Kenergy Corp. (``Kenergy'') agrees to
implement an internal compliance program and to make a voluntary
contribution to the United States Treasury. We find, for the
reasons discussed below, that the Consent Decree provides for a
just and reasonable resolution of the Bureau's investigation into
Kenergy's compliance with Section 310(d) of the Communications
Act of 1934, as amended,1 and conclude that adoption of the
Consent Decree is in the public interest.
2. Kenergy is an electric distribution cooperative with
headquarters in Henderson, Kentucky. It serves 50,000 customers
in all or portions of 14 western Kentucky counties. Kenergy was
established in July 1999 through the consolidation of Henderson
Union Electric Cooperative Corp. and Green River Electric
Corporation, both of which held licenses in the Private
Operational-Fixed Microwave and Industrial/Business Services. The
consolidation resulted in the substantial transfer of control of
a total of 56 stations and, thus, required prior Commission
consent, pursuant to Section 310(d) of the Communications Act of
1934, as amended, 47 U.S.C. § 310(d). Kenergy, however, did not
file applications for Commission consent to the assignment of
licenses for these stations until November 2000. The
applications have since been granted.
3. The Bureau has reached an agreement with Kenergy that will
resolve this investigation. The terms and conditions of the
agreement are contained in the attached executed Consent Decree.
Among other things, the Consent Decree contemplates that Kenergy
will implement a program to ensure its future compliance with the
Act and the Commission's rules and policies. In addition, the
Consent Decree contemplates that Kenergy will make a voluntary
contribution to the United States Treasury in the amount of
$7,500.2
4. We have reviewed the Consent Decree and evaluated the
circumstances underlying the investigation. We believe that the
public interest would be served by adopting the Consent Decree
and terminating this investigatory proceeding.
5. ACCORDINGLY, IT IS ORDERED that, pursuant to delegated
authority, the Consent Decree attached hereto IS ADOPTED.
6. IT IS FURTHER ORDERED, that the above-captioned
investigatory proceeding IS TERMINATED.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 U.S.C. § 310(d).
2 Payment may be made by mailing a check or similar instrument,
payable to the order of the Federal Communications Commission, to
the Forfeiture Collection Section, Finance Branch, Federal
Communications Commission, P.O. Box 73482, Chicago, Illinois
60673-7482. The payment should note the Acct. No. referenced
above.