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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of File No. EB-06-IH-0851
)
Navajo Missions, Inc. Acct. No. 200732080017
)
Licensee of Noncommercial Educational FRN 0009053224
Station KNMI(FM), Farmington, New Mexico )
Facility ID No. 47890
)
)
ORDER
Adopted: March 6, 2007 Released: March 6, 2007
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau (the "Bureau") and Navajo Missions,
Inc. ("NMI"), licensee of Noncommercial Educational Station KNMI(FM),
Farmington, New Mexico. The Consent Decree terminates an investigation
by the Bureau into whether NMI violated Section 399B of the
Communications Act of 1934, as amended, and Section 73.503(d) of the
Commission's rules, in connection with the broadcast by NMI of
underwriting acknowledgments over the stations.
1. The Bureau and NMI have negotiated the terms of the Consent Decree, a
copy of which is attached hereto and incorporated by reference.
2. After reviewing the terms of the Consent Decree and evaluating the
facts before us, we find that the public interest would be served by
adopting the Consent Decree and terminating the investigation. In the
absence of material new evidence relating to this matter, we conclude
that our investigation raises no substantial or material questions of
fact as to whether NMI possesses the basic qualifications, including
character 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, and the authority delegated by
Sections 0.111 and 0.311 of the Commission's rules, the attached
Consent Decree IS ADOPTED.
4. IT IS FURTHER ORDERED that the "Complaint" dated December 9, 2005,
alleging violation of the Underwriting Laws by NMI, IS DISMISSED.
5. IT IS FURTHER ORDERED that the investigation by the Enforcement Bureau
IS TERMINATED.
6. IT IS FURTHER ORDERED that copies of this Order shall be sent by
regular first class mail and certified mail - return receipt
requested, to Navajo Missions, Inc., P.O. Box 1230, Farmington, New
Mexico 87499, and to its counsel, Barry S. Persh, Esq., Dow Lohnes,
PLLC, 1200 New Hampshire Avenue, N.W., #800, Washington, D.C.
20036-6802, and by regular mail to John S. Neely, Esq., Miller and
Neely, P.C., Suite 704, 6900 Wisconsin Avenue, Bethesda, Maryland
20815.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
47 U.S.C. S 399b.
47 C.F.R. S 73.503(d).
47 U.S.C. S 154(i).
47 C.F.R. SS 0.111, 0.311.
Federal Communications Commission DA 07-916
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Federal Communications Commission DA 07-916