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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of ) File No. EB-00-IH-0395
)
ENRON CORP. ) NAL/Acct. No. 200232080003
) FRN 0001-6407-21
MEMORANDUM OPINION AND ORDER
Adopted: June 6, 2001 Released: June 11,
2002
By the Commission:
1. In this Memorandum Opinion and Order, we deny a ``Petition
for Special Relief, or in the Alternative, Application for
Review'' filed by the Office of Communications of the United
Church of Christ, Inc. (``UCC'') on February 15, 2002. UCC
challenges an Order issued on January 16, 2002, by the Chief,
Enforcement Bureau,1 which adopted a Consent Decree between the
Enforcement Bureau and Enron Corp. (``Enron''), and terminated
the Enforcement Bureau's investigation of Enron's compliance with
Section 310(d) of the Communications Act of 1934, as amended (the
``Act''), with respect to certain private radio licenses.2 Enron
had voluntarily brought the matter to the Commission staff's
attention. Under the Consent Decree, Enron agreed to make a
voluntary contribution to the United States Treasury of
$7,500.00, and to implement several affirmative remedial measures
to ensure future compliance.
2. We deny UCC's petition. The decision to adopt a consent
decree in these circumstances was a reasonable and appropriate
use of the Commission's enforcement and prosecutorial discretion.
We note in this regard that the Bureau resolved numerous similar
situations through similar consent decrees or through
admonishments.3
ORDERING CLAUSE
3. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j),
5(c)(4), and 503(b) of the Communications Act of 1934, as
amended, 47 U.S.C. §§ 154(i), 154(j), 155(c)(4) and 503(b), and
Sections 1.41, 1.43 and 1.115 of the Commission's Rules, 47
C.F.R. §§ 1.41, 1.43, 1.115, that the ``Petition for Special
Relief, or in the Alternative, Application for Review'' filed by
the Office of Communications of the United Church of Christ, Inc.
on February 15, 2002, IS DENIED, and that the ``Request for
Stay'' filed by the Office of Communications of the United Church
of Christ, Inc. on February 15, 2002, IS DISMISSED AS MOOT.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
_________________________
1 Enron Corp., DA 02-65 (Enf. Bur., rel. Jan. 16, 2002).
2 Section 310(d) provides in part as follows:
No construction permit or station license, or any
rights thereunder, shall be transferred, assigned, or
disposed of in any manner, voluntarily or
involuntarily, directly or indirectly, or by transfer
of control of any corporation holding such permit or
license, to any person except upon application to the
Commission and upon a finding by the Commission that
the public interest, convenience, and necessity will be
served thereby....
47 U.S.C. § 310(d).
3 See, e.g., Letter from Gary Schonman, Asst. Chief,
Investigations & Hearings Division, Enforcement Bureau, to Karen
Skovran, Equitable Gas Co., dated January 25, 2002
(admonishment); Letter from Gary Schonman, Asst. Chief,
Investigations & Hearings Division, Enforcement Bureau, to Randy
Albert, Consol Energy, dated January 25, 2002 (admonishment);
Letter from Gary Schonman, Asst. Chief, Investigations & Hearings
Division, Enforcement Bureau, to T. Frobase, Teppco Crude
Pipeline, L.P., dated January 25, 2002 (admonishment); Matter of
Anadarko Petroleum Corp., 16 FCC Rcd 9,378 (Enf. Bur., 2001)
(consent decree for $15,000); Matter of ONEOK, Inc., 16 FCC Rcd
7,827 (Enf. Bur., 2001) (consent decree for $15,000); Letter from
Charles W. Kelley, Chief, Investigations & Hearings Division,
Enforcement Bureau, to Bruce R. Worthington, Senior Vice
President and General Counsel, PG&E Corp., dated March 23, 2001
(admonishment); Matter of Kenergy Corp., 16 FCC Rcd 3,851 (Enf.
Bur., 2001) (consent decree for $7,500); Matter of LG&E Energy
Corp., 15 FCC Rcd 17,359 (Enf. Bur., 2000) (consent decree for
$15,000); Matter of Consolidated Edison Co. of New York, Inc., 15
FCC Rcd 18,844 (Enf. Bur., 2000) (consent decree for $5,000);
Letter from Charles W. Kelley, Chief, Investigations & Hearings
Division, Enforcement Bureau, to Carole C. Harris, McDermott,
Will & Emery, Counsel to Arizona Public Service Co., dated August
2, 2000 (admonishment); Letter from Charles W. Kelley, Chief,
Investigations & Hearings Division, Enforcement Bureau, to Carole
C. Harris, McDermott, Will & Emery, Counsel to Niagara Mohawk
Power Corp., dated June 1, 2000 (admonishment); Letter from
Charles W. Kelley, Chief, Investigations & Hearings Division,
Enforcement Bureau, to Christine M. Gill, McDermott, Will &
Emery, Counsel to New York State Electric & Gas Corp., dated May
25, 2000 (admonishment).