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                         Before the
              Federal Communications Commission
                   Washington, D.C. 20554

In the Matter of                  )
                                 )
CAPITOL BROADCASTING COMPANY,     )    NAL/Acct. No. 200532080005
INC.                              )    File No.  EB-04-IH-0048
                                 )    FRN No. 1961713

                            ORDER

Adopted:  October 21, 2004                        Released:  
October 22, 2004

By the Chief, Enforcement Bureau:

     1.   The Enforcement Bureau has been investigating 
whether Capitol Broadcasting Company, Inc. (``Capitol''), 
licensee of various television broadcast stations, disclosed 
information about its bids or bidding strategies in advance 
of the Commission's auction of Multi-Channel Video 
Distribution and Data Service licenses, held between January 
14 and 27, 2004 (``Auction No. 53''), in violation of the 
Commission's auction anti-collusion rule, 47 C.F.R. § 
1.2105(c).

     2.   The Bureau and Capitol have negotiated the terms 
of a  Consent Decree, a copy of which is attached hereto and 
incorporated by reference.  After reviewing the terms of the 
Consent Decree, we find that the public interest would be 
served by approving the Consent Decree and terminating the 
captioned investigation involving Capitol's conduct in 
Auction No. 53.   

     3    Accordingly, IT IS ORDERED, pursuant to Section 
4(i) of the Communications Act of 1934, as amended,1 that 
the attached Consent Decree IS ADOPTED.

     4.   IT IS FURTHER ORDERED that the above-captioned 
investigation involving Capitol IS TERMINATED.

                         FEDERAL COMMUNICATIONS COMMISSION



                         David H. Solomon
                         Chief, Enforcement Bureau
                       CONSENT DECREE

   1.     The Enforcement Bureau of the Federal 
     Communications Commission and Capitol Broadcasting 
     Company, Inc. hereby enter into this Consent Decree for 
     the purpose of terminating the Bureau's investigation 
     of Capitol Broadcasting's compliance with the 
     Commission's auction anti-collusion rule, section 
     1.2105(c), 47.C.F.R. § 1.2105(c).

   2.     For the purposes of this Consent Decree, the 
     following definitions shall apply:

        1.a)   ``Commission'' means the Federal 
          Communications Commission.

        1.b)   ``Bureau'' means the Enforcement Bureau of 
          the Commission.

        1.c)   ``Capitol Broadcasting'' means Capitol 
          Broadcasting Company, Inc., any affiliate, d/b/a, 
          predecessor-in-interest, parent company, any 
          wholly or partially owned subsidiary or other 
          affiliated company or business, and their 
          respective successors and assigns.

        1.d)   ``Parties'' means Capitol Broadcasting and 
          the Bureau, collectively, and ``Party'' means 
          Capitol Broadcasting or the Bureau, individually.

        1.e)   ``Order'' or ``Adopting Order'' means an 
          Order of the Bureau adopting the terms of this 
          Consent Decree without change, addition, deletion, 
          or modification.

        1.f)   ``Effective Date'' means the date on which 
          the Bureau releases the Adopting Order.

        1.g)   ``Auction No. 53'' means the Commission's 
          auction of Multichannel Video Distribution and 
          Data Service licenses, conducted between January 
          14 and 27, 2004.  

        1.h)   ``Inquiry'' means the Bureau's investigation 
          of Capitol Broadcasting's compliance with Section 
          1.2105(c) of the Commission's rules in connection 
          with Auction No. 53.

I.     BACKGROUND

   3.     On November 12, 2003, Capitol Broadcasting filed 
     an application with the Commission on FCC Form 175 
     (Application to Participate in an FCC Auction) to 
     participate in Auction No. 53 and represented therein 
     that it intended to bid for all 214 licenses that were 
     to be the subject of the auction.  By Multichannel 
     Video Distribution and Data Service Spectrum Auction, 
     Public Notice, 18 FCC Rcd 26,068 (WTB 2003), at 
     Attachment A, the Commission's Wireless 
     Telecommunications Bureau certified Capitol 
     Broadcasting as a qualified bidder in Auction No. 53.

   4.     In January 2004, in his capacity as Vice 
     President, Special Projects of Capitol Broadcasting, 
     John L. Greene gave an interview to a reporter for 
     Broadcasting & Cable, a trade industry publication, 
     regarding Capitol Broadcasting's planned participation 
     in Auction No. 53.  In response to questions from the 
     reporter, Mr. Greene indicated that Capitol 
     Broadcasting's interest in the auction was principally 
     in geographic areas served by its television broadcast 
     facilities in North Carolina and South Carolina.  This 
     information was published in the January 5, 2004, 
     edition of Broadcasting & Cable.  

   5.     By letter dated January 12, 2004, filed pursuant 
     to Section 1.2105(c)(6) of the Commission's rules, 47 
     C.F.R. § 1.2105(c)(6), Capitol Broadcasting informed 
     the Commission of Mr. Greene's interview and the 
     resulting published article.  Following receipt of that 
     filing, upon referral by the Wireless 
     Telecommunications Bureau, the Bureau commenced the 
     Inquiry to determine whether, as a result of Mr. 
     Greene's published interview in Broadcasting and Cable, 
     Capitol had disclosed information about its bids or 
     bidding strategies, in violation of the Commission's 
     auction anti-collusion rule, 47 C.F.R. § 1.2105(c).

II.  AGREEMENT

   6.     The Parties agree that the provisions of this 
     Consent Decree shall be subject to approval by the 
     Bureau by incorporation of such provisions by reference 
     in an Adopting Order.

   7.     Capitol Broadcasting acknowledges that the 
     Commission has jurisdiction to enforce the provisions 
     of section 1.2105 of the Commission's rules, 47 C.F.R. 
     § 1.2105.

   8.     The Parties agree that this Consent Decree shall 
     become effective on the date on which the Bureau 
     releases the Adopting Order.  Upon release, the 
     Adopting Order and this Consent Decree shall have the 
     same force and effect as any other orders of the 
     Bureau, and any violation of the terms of this Consent 
     Decree shall constitute a violation of a Commission 
     order, entitling the Commission or the Bureau, pursuant 
     to delegated authority, to exercise any rights and 
     remedies attendant to the enforcement of a Commission 
     order.

   9.     The Parties agree that this Consent Decree and 
     Capitol Broadcasting's voluntary contribution pursuant 
     to Paragraph 12 hereto do not constitute either an 
     adjudication on the merits or a factual or legal 
     finding or determination regarding any compliance or 
     noncompliance by Capitol Broadcasting 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 agreeing to 
     this Consent Decree, Capitol Broadcasting does not 
     admit to or deny liability for violating any statute, 
     regulation, or administrative rule in connection with 
     matters that are the subject of this Consent Decree.  

   10.    As part of the Adopting Order, the Bureau will 
     terminate its Inquiry.  From and after the Effective 
     Date, in the absence of the discovery of material new 
     information not previously disclosed to the Bureau by 
     Capitol Broadcasting, the Bureau will not, either on 
     its own motion or in response to any petition, third-
     party objection, complaint or other information, 
     initiate any inquiries, investigations, forfeiture 
     proceedings, hearings or other actions, formal or 
     informal, against Capitol Broadcasting for the alleged 
     violation of the rules that was the subject of the 
     Inquiry or use the facts developed in the Inquiry 
     through the Effective Date or the existence of this 
     Consent Decree to institute, on its own motion, any new 
     proceeding, formal or informal, or take any action on 
     its own motion against Capitol Broadcasting concerning 
     the matters that were the subject of the Inquiry.  The 
     Bureau also will not use the underlying facts or 
     conduct relating to any of the foregoing for any 
     purpose relating to Capitol Broadcasting, and shall 
     treat all such matters as null and void for all 
     purposes.

   11.    In consideration for the termination by the Bureau 
     of its Inquiry in accordance with the terms of this 
     Consent Decree, Capitol Broadcasting agrees to the 
     terms, conditions and procedures contained herein.

   12.    Capitol Broadcasting agrees that it shall, within 
     thirty (30) calendar days after the Effective Date, 
     make a voluntary contribution to the United States 
     Treasury in the amount of ten thousand dollars 
     ($10,000).  The payment shall be made by check or 
     similar instrument, payable to the order of the Federal 
     Communications Commission.  The payment must include 
     the NAL Acct. No. and the FRN No. referenced in the 
     Adopting Order.  Payment by check or money order may be 
     mailed to Forfeiture Collection Section, Finance 
     Branch, Federal Communications Commission, P.O. Box 
     73482, Chicago, Illinois 60673-7482.  Payment by 
     overnight mail may be sent to Bank One/LB 73482, 525 
     West Monroe, 8th Floor Mailroom, Chicago, Illinois  
     60661.  Payment by wire transfer may be made to ABA 
     Number 071000013, receiving bank Bank One, and account 
     number 1165259.

   13.    Capitol Broadcasting agrees, to the extent it has 
     not already done so, to implement a Compliance Program, 
     a copy of which is appended hereto, within thirty (30) 
     calendar days of the Effective Date.  Capitol 
     Broadcasting further agrees that such Compliance Plan 
     shall continue in effect for a period of not less than 
     three (3) years thereafter.

   14.    Except as expressly provided in this Consent 
     Decree, this Consent Decree shall not prevent the 
     Commission from investigating material new evidence of 
     noncompliance by Capitol Broadcasting of the Act, the 
     rules, or this Order.

   15.    Capitol Broadcasting 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 Degree and the Order adopting this Consent 
     Decree, provided that the Bureau issues an Order 
     adopting the Consent Decree without change, addition, 
     modification, or deletion.  Capitol Broadcasting shall 
     retain the right to challenge Commission interpretation 
     of the Consent Decree or any terms contained herein.

   16.    Capitol Broadcasting's decision to enter into this 
     Consent Decree is expressly contingent upon the 
     Bureau's issuance of an Order that is consistent with 
     this Consent Decree, and which adopts the Consent 
     Decree without change, addition, modification, or 
     deletion.

   17.    In the event that this Consent Decree is rendered 
     invalid by any court of competent jurisdiction, it 
     shall become null and void and may not be used in any 
     manner in any legal proceeding.

   18.    If either Party (or the United States on behalf of 
     the Commission) brings a judicial action to enforce the 
     terms of the Adopting Order, neither Capitol 
     Broadcasting nor the Commission shall contest the 
     validity of the Consent Decree or the Adopting Order, 
     and Capitol Broadcasting shall waive any statutory 
     right to a trial de novo.  Capitol Broadcasting shall 
     retain the right to challenge Commission interpretation 
     of the Consent Decree or any terms contained herein.

   19.    Capitol Broadcasting agrees that any violation by 
     it of the Consent Decree or the Adopting Order shall 
     constitute a separate violation of a Commission order, 
     entitling the Commission to exercise any rights or 
     remedies authorized by law attendant to the enforcement 
     of a Commission order.

   20.    The Parties agree that, if any provision of the 
     Consent Decree conflicts with any subsequent rule or 
     order adopted by the Commission (except an order 
     specifically intended to revise the terms of this 
     Consent Decree to which Capitol Broadcasting does not 
     consent), that provision will be superseded by such 
     Commission rule or order.

   21.    Capitol Broadcasting hereby 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 addressed in this Consent 
     Decree.

   22.    Each Party represents and warrants to the other 
     that it has full power and authority to enter into this 
     Consent Decree.

   23.    This Consent Decree may be signed in counterparts.


ENFORCEMENT BUREAU



_____________________________-  ________________________
___                                                   Date
David H. Solomon
Chief, Enforcement Bureau
Federal Communications 
Commission




CAPITOL BROADCASTING COMPANY, 
INC.
                               ________________________
                                                    Date
_____________________________-
___
James F. Goodmon
President and CEO
Capitol Broadcasting Company, 
Inc.




                         ATTACHMENT


    COMPLIANCE PLAN OF CAPITOL BROADCASTING COMPANY, INC.


   1.     Capitol Broadcasting shall implement a formal, 
     comprehensive compliance program (the "Compliance 
     Program") for the education of all officers, employees, 
     contractors, consultants and any other persons or 
     entities who have or will have responsibilities for or 
     on behalf of Capitol Broadcasting relating to the 
     participation by Capitol Broadcasting in FCC-conducted 
     auctions (collectively, ``Auctions Personnel'').  The 
     purpose of the Compliance Program is to ensure 
     compliance by Capitol Broadcasting with all applicable 
     auction?related rules and regulations of the Federal 
     Communications Commission and the prompt reporting of 
     possible violations thereof, including, but not limited 
     to, the auction anti-collusion provisions of Section 
     1.2105(c) of the Commission's rules, 47 C.F.R. § 
     1.2105(c).  Capitol Broadcasting may at its own 
     discretion terminate the Compliance Program after three 
     (3) years from the date of its implementation.

   2.     The head of Capitol Broadcasting's corporate 
     compliance shall administer the Compliance Program (the 
     "Administrator").  The Administrator shall establish 
     and maintain a monitoring and evaluation scheme to 
     oversee mandatory participation in the Compliance 
     Program prior to the assumption of auction?related 
     duties by Auctions Personnel.  The Administrator shall 
     require written certification from Auctions Personnel 
     that each has read, understands and agrees to abide by 
     the terms of the Consent Decree and the Commission's 
     auction-related rules and regulations.  The 
     Administrator shall further maintain auditable records 
     and shall produce such records within ten (10) calendar 
     days upon written request of the Commission.  The 
     Administrator shall have primary responsibility for 
     compliance by Capitol Broadcasting with Section 
     1.2105(c) of the Commission's rules and will provide a 
     copy to the Bureau of any notification filed by Capitol 
     Broadcasting pursuant to Section 1.2105(c)(6) of the 
     Commission's rules at the time of such filing with the 
     Commission's Wireless Telecommunications Bureau. 




_________________________

1 47 U.S.C. § 154(i).