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Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the Matter of )
)
COMMUNITY NEWS, LLC ) Acct. No. 200132080017
) File No. EB-00-IH-0433, GS
Licensee of Land Mobile Station )
WZW861
MEMORANDUM OPINION AND ORDER
Adopted: February 2, 2001 Released: February 5,
2001
By the Chief, Enforcement Bureau:
1. By this Memorandum Opinion and Order we adopt the attached
Consent Decree in which Community News, LLC agrees to make a
voluntary contribution to the United States Treasury. We find,
for the reasons discussed below, that the Consent Decree provides
for an appropriate resolution of the Bureau's investigation into
Community News, LLC'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. Community News, LLC is a Massachusetts-based communications
company. On March 31, 1995, Community Newspapers Company, Inc.
purchased 14 Boston-area newspapers, including the Metrowest
Daily News (formerly, the Middlesex News), from Harte-Hanks
Communications, Inc. As a result of the transaction, Community
Newspapers, Inc. acquired control of land mobile station WZW861
used by the Metrowest Daily News to communicate with newspaper
delivery trucks and delivery personnel. Pursuant to Section
310(d) of the Act, the parties were required to obtain Commission
consent to the substantial transfer of control of the station
prior to consummating the transaction. They failed to do so.
Thereafter, on December 31, 1999, Community Newspapers Company,
Inc. transferred all of its assets to Community News, LLC in
connection with a reorganization. Although the reorganization
effectuated a pro forma transfer of control of the WZW861
license, the parties did not request Commission consent prior to
consummating the transaction, contrary to the requirements of
Section 310(d) of the Act.
3. On or about November 15, 2000, Community News, LLC
discovered the two unauthorized transactions in connection with
its due diligence review in preparation for a sale of
substantially all of the assets of Community News, LLC to Herald
Media, Inc. Thereafter, Community News, LLC applied for and was
granted Special Temporary Authority to operate the station.
Community News, LLC also has filed appropriate applications
which, when granted, will result ultimately in the assignment of
the WZW861 license to Herald Media, Inc. Following the
assignment to Herald Media, Inc., Community News, LLC will no
longer hold any Commission authorizations.
4. The Bureau has reached an agreement with Community News, LLC
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
Community News, LLC will make a voluntary contribution to the
United States Treasury in the amount of $7,500.2
5. 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.
6. ACCORDINGLY, IT IS ORDERED that, pursuant to delegated
authority, the Consent Decree attached hereto IS ADOPTED.
7. 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.