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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Uniradio Corp., ) File No. EB-04-SE-016
Holder of Permit to Transmit or ) NAL/Acct. No. 200532100003
Deliver ) FRN 008982407
Programming to a Foreign
Broadcast Station
ORDER
Adopted: August 3, 2005 Released: August 5, 2005
By the Chief, Spectrum Enforcement Division, Enforcement Bureau:
1. On October 20, 2004, the Spectrum Enforcement Division
of the Enforcement Bureau (``Bureau'') released a Notice of
Apparent Liability for Forfeiture (``NAL'') against Uniradio
Corp. (``Uniradio'').1 The NAL proposed a forfeiture in the
amount of twenty-five thousand dollars against Uniradio for its
apparent willful and repeated violation of the terms and
conditions of its authorization under Section 325(c) of the
Communications Act of 1934, as amended (``Act''). The NAL also
dismissed as moot a petition filed by New Inspiration
Broadcasting Co., Inc. (``NIBC'') seeking to revoke Uniradio's
Section 325(c) permit. On November 17, 2004, NIBC filed a
petition for reconsideration of the NAL which requested that the
Bureau set aside its dismissal of NIBC's petition to revoke
Uniradio's Section 325(c) permit. In a Memorandum Opinion and
Order (``MO&O''), released January 14, 2005, the Bureau denied
NIBC's petition for reconsideration.2 Subsequently, on February
14, 2005, NIBC filed an application for review of the MO&O. On
March 7, 2005, Uniradio filed an opposition to the application
for review.
2. On May 24, 2005, NIBC and Uniradio filed a joint
request to defer action on NIBC's application for review in order
to perfect a settlement agreement terminating a lawsuit that NIBC
filed against Uniradio and others. On June 30, 2005, NIBC filed
a request to dismiss the application for review, noting that the
parties have reached a settlement.
3. We are satisfied that granting this request to dismiss
the application for review will serve the public interest by
promoting the private resolution of disputes and by eliminating
the need for further litigation and the expenditure of further
time and resources of the parties and of this Commission.
Therefore, we grant NIBC's request and dismiss the application
for review with prejudice.
4. Accordingly, IT IS ORDERED that, pursuant to Sections
1, 4(i) and 4(j) of the Act,3 and the authority delegated in
Sections 0.111 and 0.311 of the Commission's Rules,4 New
Inspiration Broadcasting Co., Inc.'s February 14, 2005,
application for review IS DISMISSED WITH PREJUDICE.
5. IT IS FURTHER ORDERED that a copy this Order shall be
sent by regular mail and by certified mail, return receipt
requested, to counsel for Uniradio Corp., Mark C. Del Bianco,
Esq., 3929 Washington Street, Kensington, Maryland 20895, and to
counsel for New Inspiration Broadcasting Co. Inc. James P. Riley,
Esq., Fletcher, Heald & Hildreth, PLC 1300 North 17th Street,
11th Floor, Arlington, VA 22209.
FEDERAL COMMUNICATIONS COMMISSION
Joseph P. Casey
Chief, Spectrum Enforcement Division
Enforcement Bureau
_________________________
1Uniradio Corp., 19 FCC Rcd 19933 (Enf. Bur., Spectrum Enf. Div.,
2004).
2Uniradio Corp., 20 FCC Rcd 614 (Enf. Bur., Spectrum Enf. Div.,
2005).
347 U.S.C. §§ 151, 154(i) and 154(j).
447 C.F.R. §§ 0.111 and 0.311.