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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                             )                               
                                                                             
                                             )                               
     In the Matter of                                                        
                                             )                               
     WNYC Radio                                  File No. EB-04-IH-0041      
                                             )                               
     Licensee of Noncommercial Educational       NAL/Acct. No. 200832080088  
     Stations WNYC(AM) and                   )                               
                                                 FRN No. 0004015020          
     WNYC-FM, New York, New York             )                               
                                                                             
                                             )                               
                                                                             
                                             )                               


                                     ORDER

   Adopted: June 11, 2008 Released: June 11, 2008

   By the Chief, Enforcement Bureau:

    1. In this Order, we adopt the attached Consent Decree entered into
       between the Enforcement Bureau ("Bureau") and WNYC Radio ("WNYC"). The
       Consent Decree terminates an investigation by the  Bureau against WNYC
       for possible violations of section 399B of the Communications Act of
       1934, as amended, and section 73.503(d) of the Commission's rules
       regarding the broadcast by WNYC of underwriting acknowledgments over
       Stations WNYC(AM) and WNYC-FM, New York, New York.

    2. The Bureau and WNYC have negotiated the terms of the Consent Decree
       that resolve this matter. A copy of the Consent Decree 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
       adopting the Consent Decree and terminating the investigation.

    4. 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 WNYC possesses the basic
       qualifications, including those related to character, to hold or
       obtain any Commission license or authorization.

    5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the
       Communications Act of 1934, as amended, and sections 0.111 and 0.311
       of the Commission's Rules, the Consent Decree attached to this Order
       IS ADOPTED.

    6. IT IS FURTHER ORDERED that the above-captioned investigation IS
       TERMINATED.

    7. IT IS FURTHER ORDERED that the third-party complaint against WNYC
       Radio before the Enforcement Bureau related to the above-captioned
       investigation as of the date of this Consent Decree IS DISMISSED.

    8. IT IS FURTHER ORDERED that WNYC Radio shall make its voluntary
       contribution to the United States Treasury, as specified in the
       Consent Decree, by mailing a check or similar instrument payable to
       the order of the Federal Communications Commission, to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment by wire transfer may be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and account number 27000001. For payment by
       credit card, an FCC Form 159 (Remittance Advice) must be submitted.
        When completing the FCC Form 159, enter the NAL/Account number in
       block number 23A (call sign/other ID), and enter the letters "FORF" in
       block number 24A (payment type code). WNYC Radio will also send
       electronic notification on the date said payment is made to
       Hillary.DeNigro@fcc.gov, Ben.Bartolome@fcc.gov and to
       Kenneth.Scheibel@fcc.gov.

    9. IT IS FURTHER ORDERED that WNYC Radio will file reports with the
       Commission ninety days after the Effective Date, twelve months after
       the Effective Date, and upon expiration of the attached Consent
       Decree, three years after the Effective Date. Each report shall
       include a compliance certificate from an officer, as an agent of WNYC
       Radio, stating that the officer has personal knowledge that WNYC Radio
       has established operating procedures intended to ensure compliance
       with this Consent Decree, together with an accompanying statement
       explaining the basis for the officer's compliance certification. All
       reports shall be submitted to the Chief, Investigations and Hearings
       Division, Enforcement Bureau, Federal Communications Commission, 445
       12th Street, S.W., Washington, D.C. 20554.

   10. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
       shall be sent to WNYC Radio, by first-class, certified mail, return
       receipt requested, to WNYC Radio, One Centre Street, 26th Floor, New
       York, New York 10007, and by certified mail, return receipt requested,
       to its counsel, Richard D. Bodorff, Esq., Wiley Rein, 1776 K Street,
       N.W., Washington, D.C. 20006.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris Anne Monteith

   Chief, Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                             )                               
                                                                             
                                             )                               
     In the Matter of                                                        
                                             )                               
     WNYC Radio                                  File No. EB-04-IH-0041      
                                             )                               
     Licensee of Noncommercial Educational       NAL/Acct. No. 200832080088  
     Stations WNYC(AM) and                   )                               
                                                 FRN No. 0004015020          
     WNYC-FM, New York, New York             )                               
                                                                             
                                             )                               
                                                                             
                                             )                               


                                 CONSENT DECREE

   The Enforcement Bureau ("Bureau") and WNYC Radio ("WNYC" or the
   "Company"), by their authorized representatives, hereby enter into this
   Consent Decree for the purpose of terminating the Enforcement Bureau's
   investigation into whether WNYC 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 WNYC of
   underwriting acknowledgments over its noncommercial educational stations
   WNYC(AM) and WNYC-FM, New York, New York.

   I. DEFINITIONS

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

    a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C.
       S: 151 et seq.

    b. "Bureau" means the Enforcement Bureau of the Federal Communications
       Commission.

    c. "Commission" and "FCC" mean the Federal Communications Commission and
       all of its bureaus and offices.

    d. "Underwriting Laws" mean section 399B of the Communications Act of
       1934, 47 U.S.C. S: 399b, and Section 73.503(d) of the Commission's
       Rules, 47 C.F.R. S: 73.503(d).

    e. "Stations" mean Stations WNYC(AM) (Facility ID No. 73357) and WNYC-FM
       (Facility ID No. 73355).

    f. "Complaint" means a third-party complaint alleging violations of the
       Commission's Underwriting Laws, dated December 16, 2003, that may have
       been received by, or is in the possession of, the Commission or
       Bureau.

    g. "Compliance Plan" means the program described in this Consent Decree
       at paragraph 8.

    h. "Effective Date" means the date on which the Commission releases the
       Adopting Order.

    i. "Investigation" means the investigation commenced by the Bureau's
       October 7, 2004, Letter of Inquiry regarding whether WNYC violated the
       Commission's Underwriting Laws in connection with its operation of the
       Stations during the period March 2003 and February 2004.

    j. "WNYC" means WNYC Radio and its predecessors-in-interest and
       successors-in-interest.

    k. "Order" or "Adopting Order" means an Order of the Commission adopting
       the terms of this Consent Decree without change, addition, deletion,
       or modification.

    l. "Parties" mean WNYC and the Bureau.

    m. "Rules" mean the Commission's regulations found in Title 47 of the
       Code of Federal Regulations.

   II. BACKGROUND

    2. Pursuant to section 399b(a) of the Act and section 73.503(d) of the
       Rules, advertisements are defined as program material broadcast "in
       exchange for any remuneration" and intended to "promote any service,
       facility, or product" of for-profit entities. Section 399b(b)(2)
       specifically provides that noncommercial educational stations may not
       broadcast advertisements. Although contributors of funds to such
       stations may receive on-air acknowledgements, the Commission has held
       that such acknowledgements may be made for identification purposes
       only, and should not promote the contributors' products, services, or
       businesses. Specifically, such announcements may not contain
       comparative or qualitative descriptions, price information, calls to
       action, or inducements to buy, sell, rent or lease. At the same time,
       however, the Commission has acknowledged that it is at times difficult
       to distinguish between language that promotes versus that which merely
       identifies the underwriter. Consequently, it expects that licensees
       exercise reasonable, "good faith" judgment in this area, and affords
       some latitude to the judgments of licensees who do so.

    3. On October 7, 2004, the Bureau initiated an investigation.
       Specifically, the Bureau investigated a complaint alleging that WNYC
       had aired advertisements in violation of the Underwriting Laws. WNYC
       responded on November 17, 2004, and July 1, 2005, informing the Bureau
       that it aired, among others complained about, an underwriting
       announcement on behalf of the executive search recruiter Korn/Ferry
       International on the Stations during the period March 31, 2003,
       through February 14, 2004. This announcement appears to have violated
       the Underwriting Laws because they have exceeded the bounds of what is
       permissible and within licensee discretion under the Act and pertinent
       Commission precedent.

   III. TERMS OF AGREEMENT

    4. Adopting Order. The Parties agree that the provisions of this Consent
       Decree shall be subject to final approval by the Bureau by
       incorporation of such provisions by reference in the Adopting Order
       without change, addition, modification, or deletion.

    5. Jurisdiction. WNYC agrees that the Bureau has jurisdiction over it and
       the matters contained in this Consent Decree and has the authority to
       enter into and adopt this Consent Decree.

    6. Effective Date: Violations. The Parties agree that this Consent Decree
       shall become effective on the date on which the FCC releases the
       Adopting Order. Upon release, the Adopting Order and this Consent
       Decree shall have the same force and effect as any other Order of the
       Bureau. Any violation of the Adopting Order or of the terms of this
       Consent Decree shall constitute a separate violation of a Bureau
       Order, entitling the Bureau to exercise any rights and remedies
       attendant to the enforcement of a Commission Order.

    7. Termination of Investigation. In express reliance on the covenants and
       representations in this Consent Decree and to avoid further
       expenditure of public resources, the Bureau agrees to terminate its
       Investigation and dismiss the Complaint. In consideration for the
       termination of said Investigation and dismissal of the Complaint, WNYC
       agrees to the terms, conditions, and procedures contained herein. The
       Bureau further agrees that in the absence of new material evidence,
       the Bureau will not use the facts developed in this Investigation
       through the Effective Date of the Consent Decree, 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 WNYC concerning the matters that were the subject of the
       Investigation. The Bureau also agrees that it will not use the facts
       developed in this Investigation through the Effective Date of this
       Consent Decree, or the existence of this Consent Decree, to institute
       on its own motion any proceeding, formal or informal, or take any
       action on its own motion against WNYC with respect to WNYC's basic
       qualifications, including its character qualifications, to be a
       Commission licensee or to hold Commission authorizations.

    8. Compliance Plan. For purposes of settling the matters set forth
       herein, WNYC agrees to maintain a Compliance Plan related to future
       compliance with the Act, the Commission's Rules, and the Commission's
       Orders. The Plan will include, at a minimum, the following components:

   a. WNYC will continue to utilize a multi-level review procedure for
   underwriting content to be aired on the Stations. In working with
   prospective underwriters, the WNYC staff will continue to brief potential
   donors on the Underwriting Laws, provide them with the current WNYC Copy
   Guidelines, and work with them to fashion acceptable language.

   b. WNYC will continue to train employees on acceptable underwriting
   content that complies with the Underwriting Laws, as it has done in the
   past, as described in its response to the Bureau's letter of inquiry in
   connection with the Investigation, which response is incorporated herein
   by reference.

   c. WNYC will make good faith efforts, with respect to nationally
   distributed programming aired on the Stations, to obtain from the
   distributors of such programming the copy for underwriting announcements
   contained in such programming in advance of such programming's broadcast,
   for the purposes of independently reviewing such copy for compliance with
   the Underwriting Laws.

   9.  Compliance Reports. WNYC will file compliance reports with the
   Commission ninety days after the Effective Date, twelve months after the
   Effective Date, twenty-four months after the Effective Date, and upon
   expiration of this Consent Decree, three years after the Effective Date.
   Each compliance report shall include a compliance certificate from an
   officer, as an agent of WNYC, stating that the officer has personal
   knowledge that WNYC  has established and maintained on an ongoing basis
   operating procedures intended to ensure compliance with this Consent
   Decree, together with an accompanying statement explaining the basis for
   the officer's compliance certification. Each compliance report will
   describe any significant difficulties the Licensee has encountered during
   the reporting period in ensuring compliance with the Underwriting Laws,
   what steps it has taken to resolve those difficulties, and the success of
   those steps in doing so. All compliance reports shall be submitted to the
   Chief, Investigations and Hearings Division, Enforcement Bureau, Federal
   Communications Commission, 445 12th Street, S.W., Washington, D.C. 20554.

   10.  Termination Date. Unless stated otherwise,  the requirements of this
   Consent Decree will expire three (3) years after the Effective Date.

   11. Voluntary Contribution. WNYC agrees that it will make a voluntary
       contribution to the United States Treasury in the amount of Five
       Thousand Dollars ($5,000.00). The payment in full will be made within
       five (5) calendar days after the Effective Date of the Adopting Order.
       The payment must be made by check or similar instrument, payable to
       the order of the Federal Communications Commission. The payment must
       include the NAL/Account Number and FRN Number referenced in the
       caption to the Adopting Order. Payment by check or money order may be
       mailed to Federal Communications Commission, P.O. Box 979088, St.
       Louis, MO 63197-9000. Payment by overnight mail may be sent to U.S.
       Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza,
       St. Louis, MO 63101. Payment by wire transfer may be made to ABA
       Number 021030004, receiving bank TREAS/NYC, and account number
       27000001. For payment by credit card, an FCC Form 159 (Remittance
       Advice) must be submitted.  When completing the FCC Form 159, enter
       the NAL/Account number in block number 23A (call sign/other ID), and
       enter the letters "FORF" in block number 24A (payment type code). WNYC
       Radio will also send electronic notification on the date said payment
       is made to Hillary.DeNigro@fcc.gov, Ben.Bartolome@fcc.gov and to
       Kenneth.Scheibel@fcc.gov.

   12. Waivers. WNYC 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 Decree
       and the Order adopting this Consent Decree, provided the Commission
       issues an Order adopting the Consent Decree without change, addition,
       modification, or deletion. WNYC shall retain the right to challenge
       Commission interpretation of the Consent Decree or any terms contained
       herein. 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 WNYC nor the Commission shall contest the
       validity of the Consent Decree or the Adopting Order, and WNYC shall
       waive any statutory right to a trial de novo. WNYC hereby agrees to
       waive any claims it may otherwise have under the Equal Access to
       Justice Act, 5 U.S.C. S: 504 and 47 C.F.R. S: 1.1501 et seq., relating
       to the matters addressed in this Consent Decree.

   13. Severability. The Parties agree that if any of the provisions of the
       Adopting Order or the Consent Decree shall be invalid or
       unenforceable, such invalidity or unenforceability shall not
       invalidate or render unenforceable the entire Adopting Order or
       Consent Decree, but rather the entire Adopting Order or Consent Decree
       shall be construed as if not containing the particular invalid or
       unenforceable provision or provisions, and the rights and obligations
       of the Parties shall be construed and enforced accordingly. In the
       event that this Consent Decree in its entirety 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.

   14. Subsequent Rule or Order. 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 WNYC does not expressly consent)
       that provision will be superseded by such Commission rule or Order.

   15. Successors and Assigns. WNYC agrees that the provisions of this
       Consent Decree shall be binding on its successors, assigns, and
       transferees.

   16. Final Settlement. The Parties agree and acknowledge that this Consent
       Decree shall constitute a final settlement between the Parties. The
       Parties further agree that this Consent Decree does not constitute
       either an adjudication on the merits or a factual or legal finding or
       determination regarding any compliance or noncompliance with the
       requirements of the Act or the Commission's Rules and Orders.

   17. Modifications. This Consent Decree cannot be modified without the
       advance written consent of both Parties.

   18. Paragraph Headings. The headings of the Paragraphs in this Consent
       Decree are inserted for convenience only and are not intended to
       affect the meaning or interpretation of this Consent Decree.

   19. Authorized Representative. Each party represents and warrants to the
       other that it has full power and authority to enter into this Consent
       Decree.

   20. Counterparts. This Consent Decree may be signed in any number of
       counterparts (including by facsimile), each of which, when executed
       and delivered, shall be an original, and all of which counterparts
       together shall constitute one and the same fully executed instrument.


     ________________________________        
                                             
     Kris Anne Monteith                      
                                             
     Chief                                   
                                             
     Enforcement Bureau                      
                                             
     ________________________________        
                                             
     Date                                    
                                             
     ________________________________        
                                             
     Laura R. Walker                         
                                             
     President and Chief Executive Officer   
                                             
     WNYC Radio                              
                                             
     ________________________________        
                                             
     Date                                    


   See 47 U.S.C. S: 399b.

   See 47 C.F.R. S: 73.503.

   See 47 U.S.C. S: 154(i), 503(b).

   See 47 C.F.R. S:S: 0.111, 0.311.

   See 47 U.S.C. S: 399b.

   See 47 C.F.R. S: 73.503(d).

   See Letter from William D. Freedman, Deputy Chief, Investigations and
   Hearings Division, Enforcement Bureau, to WNYC, dated October 7, 2004
   ("October 7th LOI"); Letter from William D. Freedman, Deputy Chief,
   Investigations and Hearings Division, Enforcement Bureau, to WNYC, dated
   June 21, 2005 ("June 21st LOI").

   See 47 U.S.C. S: 399b.

   See 47 U.S.C. S: 399b(a).

   See 47 U.S.C. S: 399b(b)(2).

   See Commission Policy Concerning the Noncommercial Nature of Educational
   Broadcasting Stations, Public Notice (1986), republished, 7 FCC Rcd 827
   (1992) ("Public Notice").

   See id.

   See Xavier University, Letter of Admonition, issued November 14, 1989
   (Mass Med. Bur.), recons. granted, Memorandum Opinion and Order, 5 FCC Rcd
   4920 (1990).

   See  Letter from Ivan Zimmerman, Esq., to Kenneth M. Scheibel, Jr.,
   Attorney, Investigations and Hearings Division, Enforcement Bureau, dated
   November 17, 2004 ("November 17th Response") at 3.

   See Xavier University, supra, note 9.

   Federal Communications Commission DA 08-1350

                                       2

   Federal Communications Commission DA 08-1350