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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No. EB-04-IH-0326
) Account No. 200632080002
)
ART LICENSING CORP. ) FRN No. 0003865888
)
FIRST AVENUE NETWORKS, INC. ) FRN No. 0004237178
)
Applicants for Spectrum )
Manager Leasing Arrangements )
in the Wireless Radio
Services
ORDER
Adopted: October 6, 2005 Released:
October 7, 2005
By the Chief, Enforcement Bureau:
1. In this Order, we adopt a Consent Decree
terminating an investigation by the Enforcement Bureau
(the ``Bureau'') into possible violations by commonly-
owned licensees ART Licensing Corp. (``ART'') and First
Avenue Networks, Inc. (``First Avenue'') of section
1.9020 of the Commission's Rules,1 relating to spectrum
manager leasing arrangements.
2. The Bureau, ART and First Avenue have negotiated
the terms of a Consent Decree that would terminate the
Bureau's investigation. A copy of the Consent Decree
is attached hereto and incorporated by reference.
3. 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.
4. Based on the record before us, we conclude that
there are no substantial or material questions of fact
with respect to this matter as to whether ART or First
Avenue possess the basic qualifications, including
those related to character, to hold or obtain any
Commission license or authorization.
5. Accordingly, IT IS ORDERED, pursuant to section
4(i) of the Communications Act of 1934, as amended,2
and the authority delegated by section 0.111 and 0.311
of the Commission's Rules3, that the attached Consent
Decree IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned
investigation IS TERMINATED.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
_________________________
1 47 C.F. R. §1.9020.
2 47 U.S.C. § 154(i).
3 47 C.F.R. §§ 0.111, 0.311.