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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-02-IH-0238
MIDDLE GEORGIA COMMUNICATIONS, ) NAL/Acct. No. 200432080140
INC. ) FRN # 0009931361
) Facility ID # 41993
Licensee of Station WMGZ(FM), )
Eatonton, Georgia )
ORDER
Adopted: June 18, 2004 Released: June 21,
2004
By the Chief, Enforcement Bureau
1. In this Order, we adopt a Consent Decree
terminating an investigation by the Enforcement Bureau
(the ``Bureau'') into the possible violation by Middle
Georgia Communications, Inc. (``Middle Georgia''),
licensee of Station WMGZ(FM), Eatonton, Georgia, of
Section 310(d) of the Communications Act of 1934, as
amended,1 in connection with the possible unauthorized
transfer of control of Station WKGQ(AM), Milledgeville,
Georgia.
2. The Bureau and Middle Georgia have negotiated the
terms of the Consent Decree, a copy of which is attached
hereto and incorporated by reference herein. We have
reviewed the terms of the Consent Decree and evaluated the
facts before us. We believe that the public interest
would be served by approving the Consent Decree and
terminating the investigation. In the absence of material
new evidence relating to this matter, we conclude that
there are no substantial or material questions of fact as
to whether Middle Georgia possesses the basic
qualifications to be or remain a Commission licensee.
3. Accordingly, IT IS ORDERED that, pursuant to
Section 4(i) of the Communications Act of 1934, as
amended,2 and the authority delegated by Sections 0.111
and 0.311 of the Commission's Rules,3 the attached Consent
Decree IS ADOPTED.
4. IT IS FURTHER ORDERED that the referenced
investigation IS TERMINATED.
5. IT IS FURTHER ORDERED that copies of this Order
shall be sent by regular first class mail and certified
mail - return receipt requested, to Middle Georgia
Communications, Inc., P.O. Box 832, Milledgeville, Georgia
31059-0832, and to its counsel, Lauren A. Colby, Esq.,
P.O. Box 113, Frederick, Maryland 21705-0113.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau CONSENT DECREE
6. The Enforcement Bureau of the Federal
Communications Commission, and Middle Georgia
Communications, Inc., by their respective authorized
representatives, hereby enter into this Consent Decree for
the purpose of resolving and terminating the Enforcement
Bureau's investigation into possible violations of Section
310(d) of the Communications Act of 1934, as amended, 47
U.S.C. 310(d), in connection with Middle Georgia
Communications, Inc.'s possible unauthorized acquisition
of control of Station WKGQ(AM), Milledgeville, Georgia,
from the licensee of the station, Keystone Enterprises,
Inc.
7. For the purposes of this Consent Decree, the
following definitions apply:
a) The ``Act'' means the Communications Act of
1934, as amended, 47 U.S.C. §§ 151 et seq.;
b) ``Adopting Order'' or ``Order'' means an
order of the Enforcement Bureau adopting this
Consent Decree;
c) The ``Bureau'' means the Enforcement Bureau
of the Federal Communications Commission;
d) The ``Commission'' or ``FCC'' means the
Federal Communications Commission;
e) ``Effective Date'' means the date on which
the Bureau releases the Adopting Order;
f) ``Keystone Enterprises'' means Keystone
Enterprises, Inc., the licensee of Station
WKGQ(AM), Milledgeville, Georgia, and its
parent, subsidiaries, divisions and affiliates,
and each of their respective officers,
directors, employees, agents, representatives,
or any other person acting or purporting to act
on behalf of Keystone Enterprises, Inc. or their
successors or assigns;
g) ``Middle Georgia'' means Middle Georgia
Communications, Inc., the licensee of Station
WMGZ(FM), Eatonton, Georgia, and its parent,
subsidiaries, divisions and affiliates, and each
of their respective officers, directors,
employees, agents, representatives, or any other
person acting or purporting to act on behalf of
Middle Georgia Communications, Inc. or their
successors or assigns;
h) ``Parties'' means Middle Georgia and the
Bureau; and
i) ``Rules'' means the Commission's regulations set
forth in Title 47 of the Code of Federal
Regulations.
I. Background
8. On June 13, 1995, Middle Georgia, the then-
licensee of Station WKGQ(AM), Milledgeville, Georgia,
filed an application seeking Commission consent to the
proposed assignment of the license for Station WKGQ(AM) to
Keystone Enterprises. The Commission granted the
application on July 31, and the companies consummated the
transaction on September 5, 1995. Keystone Enterprises,
however, defaulted on its installment payments to Middle
Georgia for the purchase of the station. Middle Georgia
entered into a Local Management Agreement (``LMA'') with
Keystone Enterprises, dated January 26, 1996, pursuant to
which Middle Georgia was to operate Station WKGQ(AM)
station for 90 days. Keystone Enterprises abandoned the
station, and Middle Georgia continued to operate the
facility beyond the 90-day period covered by the LMA
without any Commission authority to do so. The
Enforcement Bureau commenced an investigation to determine
whether Middle Georgia may have violated Section 310(d) of
the Act.
II. Terms of Settlement
9. In accordance with the terms of this Consent
Decree, the Parties agree to the following terms,
conditions, and procedures.
10. The Parties agree that the provisions of this
Consent Decree shall be subject to final approval by the
Bureau by incorporation of such provisions by reference in
an Adopting Order.
11. The Parties agree that this Consent Decree
shall become effective on the Effective Date. Upon the
Effective Date, the Adopting Order and this Consent Decree
shall have the same force and effect as any other order of
the Commission and any violation of the terms of this
Consent Decree shall 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.
12. Middle Georgia agrees that the Bureau has
jurisdiction over the matters that are the subject of this
Consent Decree and the authority to enter into and adopt
this Consent Decree.
13. The Parties agree that this Consent Decree
does not constitute either an adjudication on the merits
or a factual or legal finding or determination regarding
compliance or noncompliance with the requirements of the
Act or the Commission's rules and orders. The Parties
agree that this Consent Decree is for settlement purposes
only and that, by entering into to this Consent Decree,
Middle Georgia does not admit or deny liability for
violating any statute, regulation, or rule in connection
with the matters that are the subject of this Consent
Decree.
14. The Parties agree and acknowledge that this
Consent Decree shall constitute a final settlement between
them concerning the Bureau's investigation of the matters
discussed in paragraph 3, above.
15. In express reliance upon the covenants and
representations in this Consent Decree, the Bureau agrees
to terminate its investigation of Middle Georgia relating
to the matters discussed in paragraph 3, above, without
any finding of liability on the part of Middle Georgia.
16. In consideration of the Bureau's termination
of its investigation into these matters, Middle Georgia
agrees to the terms set forth herein.
17. Within five (5) business days of the release
of the Adopting Order, Middle Georgia shall make a
voluntary contribution to the United States Treasury,
without protest or recourse, by wire or by mailing a check
or similar instrument drawn to the order of the Federal
Communications Commission, in the amount of Eight Thousand
Dollars ($8,000.00), to be sent to the attention of the
Federal Communications Commission, Forfeiture Collection
Section, Finance Branch, P.O. Box 73482, Chicago,
Illinois, 60673-7482. The check, wire transfer or money
order shall refer to Acct. No. 200432080140 and FRN #
0009931361. Any wire transfer must be made in accordance
with Commission procedures for wire transfers.
18. Middle Georgia agrees that it is required to
comply with each individual condition of this Consent
Decree. Each specific condition is a separate condition
of the Consent Decree as approved. To the extent that
Middle Georgia fails to satisfy any condition, in the
absence of Commission alteration of the condition, it will
be deemed noncompliant and may be subject to possible
enforcement action, including, but not limited to,
revocation of the relief, designation of the matter for
hearing, letters of admonishment, or forfeitures.
19. The Bureau agrees that, in the absence of
material new evidence, it will not, on its own motion,
initiate or recommend to the Commission, any new
proceeding, formal or informal, regarding the matters
discussed in paragraph 3, above. The Bureau further agrees
that, in the absence of material new evidence, it will not
use the facts developed in this investigative proceeding
through the Effective Date to initiate on its own motion,
or recommend to the Commission, any proceeding, formal or
informal, or take any action on its own motion against
Middle Georgia with respect to its basic qualifications to
be or remain a Commission licensee. Nothing in this
Consent Decree shall prevent the Bureau from instituting,
or recommending to the Commission, new investigations or
enforcement proceedings against Middle Georgia, in the
event of any alleged future misconduct for violation of
this Consent Decree or for violation of the Act or the
Commission's Rules, consistent with the provisions of this
Consent Decree.
20. Middle Georgia waives any and all rights it
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 Adopting Order, provided the Adopting Order adopts
the Consent Decree without change, addition or
modification.
21. Middle Georgia agrees to waive any claims it
may otherwise have under the Equal Access to Justice Act,
5 U.S.C. § 504 and 47 C.F.R. § 1.1501 et seq., relating to
the matters discussed in this Consent Decree.
22. If any Party (or the United States on behalf
of the FCC) brings a judicial action to enforce the terms
of the Adopting Order, Middle Georgia and the FCC shall
not contest the continuing validity of the Consent Decree
or Adopting Order.
23. In the event that this Consent Decree is
rendered invalid by any court of competent jurisdiction,
this Consent Decree shall become null and void and may not
be used in any manner in any legal proceeding.
24. This Consent Decree may be signed in
counterparts.
For the Enforcement Bureau
________________________________ _______________
David H. Solomon Date
Chief, Enforcement Bureau
For Middle Georgia Communications, Inc.
___________________________________ _______________
Thomas Ptak Date
President
MEMORANDUM
Date: May 13, 2004
To: Linda Blair
From: Gilberto de Jesus
Subject: Consent Decree - Middle Georgia Communications,
Inc.
After you reviewed and edited the attached Consent Decree
and returned it to me, Bill Freedman, who was on emergency
leave and thus unable to inspect the document before it went
up to your office, made some edits of his on when he
returned. I have incorporated Bill's edits and your edits
in the final document.
He asked me to share those changes with you.
Thank you for your input and if you need to reach me, please
call 418-7331.
_________________________
1 47 U.S.C. § 310(d).
2 47 U.S.C. §§ 154(i).
3 47 C.F.R. §§ 0.111, 0.311.