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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File Nos. EB-03-IH-0391 and
BREVARD YOUTH EDUCATION ) EB-03-IH-0688
BROADCASTING CORPORATION ) Acct. No. 200532080123
) FRN 0008667271
Licensee of Noncommercial ) Facility ID No. 13563
Educational FM Station WCEE-LP, )
Melbourne, Florida
ORDER
Adopted: February 24, 2005 Released: February
25, 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 the possible violation by Brevard
Youth Education Broadcasting Corporation (``Brevard''),
licensee of noncommercial educational FM Station WCEE-LP,
Melbourne, Florida, of section 399B of the Communications
Act of 1934, as amended (the ``Act''),1 and section
73.503(d) of the Commission's rules,2 in connection with
the broadcast of underwriting acknowledgments over the
station by Brevard.
2. The Bureau and Brevard have negotiated the terms
of the Consent Decree, a copy of which is attached hereto
and incorporated by reference.
3. After reviewing the terms of the Consent Decree
and evaluating the facts before us, we find that the
public interest would be served by approving the Consent
Decree and terminating the investigation. Based on the
record before us, we conclude that our investigation
raises no substantial or material questions of fact as to
whether Brevard possesses the basic qualifications,
including character qualifications, to be or remain a
Commission licensee.
4. ACCORDINGLY, IT IS ORDERED that, pursuant to
section 4(i) of the Communications Act of 1934, as
amended,3 and the authority delegated by sections 0.111
and 0.311 of the Commission's rules,4 the attached Consent
Decree IS ADOPTED.
5. IT IS FURTHER ORDERED that the complaints against
Brevard dated September 10 and December 12, 2003, ARE
DISMISSED.
6. IT IS FURTHER ORDERED that the investigation by
the Enforcement Bureau IS TERMINATED.
7. IT IS FURTHER ORDERED that copies of this Order
shall be sent by regular first class mail and certified
mail, return receipt requested, to Brevard Youth Education
Broadcasting Corporation, 325 Valencia Road, Melbourne,
Florida 32604, and to its counsel, Lauren A. Colby, Esq.,
at 10 E. 4th Street, Frederick, Maryland 21701.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 U.S.C. § 399b.
2 47 C.F.R. § 73.503(d).
3 47 U.S.C. § 154(i).
4 47 C.F.R. §§ 0.111, 0.311.