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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of
)
Farmworker Educational Radio
Network, Inc. ) File Number: EB-05-SD-072
Licensee of Station KCEC-FM ) NAL/Acct. No.: 200532940003
Wellton, Arizona ) FRN: 0010057685
Facility ID #21207 )
)
ORDER
Adopted: June 20, 2008 Released: June 24, 2008
By the Associate Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau (the "Bureau") and Farmworker
Educational Radio Network, Inc., ("Farmworker"), licensee of station
KCEC-FM, Wellton, Arizona. The Consent Decree terminates an
enforcement proceeding relating to whether Farmworker violated Section
11.35 of the Commission's Rules ("Rules") by failing to ensure the
operational readiness of the KCEC-FM Emergency Alert System ("EAS")
equipment.
1. The Bureau and Farmworker 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 enforcement
proceeding. 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 Farmworker 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 above captioned matter IS TERMINATED.
5. IT IS FURTHER ORDERED that Farmworker Educational Radio Network, Inc.,
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).
Farmworker Educational Radio Network, Inc., shall also send electronic
notification on the date said payment is made to WR-Response@fcc.gov.
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 Farmworker Educational Radio Network, Inc., at its
address of record, and Anne Thomas Paxson, Borsari and Paxson, its
counsel of record.
FEDERAL COMMUNICATIONS COMMISSION
George R. Dillon
Associate Chief, Enforcement Bureau
We note that the FCC authorization for KCEC-FM lists the licensee as
Farmworkers Educational Radio Network, Inc., however, the correct name of
the entity is Farmworker Educational Radio Network, Inc.
47 C.F.R. S: 11.35.
47 U.S.C. S: 154(i).
47 C.F.R. S:S: 0.111, 0.311.
Federal Communications Commission DA 08-1462
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Federal Communications Commission DA 08-1462