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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                                )                            
                                                                             
                                                )                            
                                                                             
                                                )   File Nos. EB-07-IH-5331  
                                                                             
     In the Matter of                           )   EB-08-IH-1547            
                                                                             
     Pontifical Catholic University of puerto   )   NAL Account No.          
     rico Service Association, Inc.                 200932080050             
                                                )                            
     Licensee of Noncommercial Educational          Facility ID No. 9351     
     Station WPUC-FM, Ponce, Puerto Rico        )                            
                                                    FRN No. 0001731314       
                                                )                            
                                                                             
                                                )                            
                                                                             
                                                )                            


                                     ORDER

   Adopted: July 31, 2009 Released: August 3, 2009

   By the Chief, Enforcement Bureau:

    1. In this Order, we adopt the attached Consent Decree entered into
       between the Enforcement Bureau ("Bureau") and Pontifical Catholic
       University of Puerto Rico Service Association, Inc. ("Licensee"). The
       Consent Decree terminates an investigation by the  Bureau against the
       Licensee 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 the Licensee of underwriting
       acknowledgments over Station WPUC-FM, Ponce, Puerto Rico (the
       "Station").

    2. The Bureau and the Licensee 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 the Licensee 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 complaints and allegations
       against the Station and/or the Licensee before the Enforcement Bureau
       related to the above-captioned investigation as of the date of this
       Consent Decree ARE DISMISSED.

   8. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
   shall be sent to Pontifical Catholic University of Puerto Rico Service
   Association, Inc., by first-class, certified mail, return receipt
   requested, to Charles R. Naftalin, Esq., Rosalind Allen, Esq., Frances G.
   Faigenblat, Esq., and Leighton T. Brown, II, Esq. Holland & Knight LLP,
   2099 Pennsylvania Avenue, NW, Suite 100, Washington, DC 20006.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris Anne Monteith

   Chief, Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                                )                            
                                                                             
                                                )                            
                                                                             
                                                )   File Nos. EB-07-IH-5331  
                                                                             
     In the Matter of                           )   EB-08-IH-1547            
                                                                             
     Pontifical Catholic University of puerto   )   NAL Account No.          
     rico Service Association, Inc.                 200932080050             
                                                )                            
     Licensee of Noncommercial Educational          Facility ID No. 9351     
     Station WPUC-FM, Ponce, Puerto Rico        )                            
                                                    FRN No. 0001731314       
                                                )                            
                                                                             
                                                )                            
                                                                             
                                                )                            


                                 CONSENT DECREE

   The Enforcement Bureau ("Bureau") and Pontifical Catholic University of
   Puerto Rico Service Association, Inc. ("Licensee"), by their authorized
   representatives, hereby enter into this Consent Decree for the purpose of
   terminating the Enforcement Bureau's above-referred investigation into
   whether Licensee 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 Licensee of underwriting acknowledgments over its
   noncommercial educational FM radio station, WPUC-FM, Ponce, Puerto Rico.

   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. "Complaints" mean all third-party complaints alleging violations of
       the Commission's Underwriting Laws, including those dated May 16, 2008
       and an undated complaint forwarded through the Bureau's August 14,
       2008 Letter of Inquiry that may have been received by, or is in the
       possession of, the Commission, and all related information or
       allegations.

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

    f. "Effective Date" means the date on which the Bureau releases the
       Adopting Order.

    g. "Investigation" means the investigation concerning the Complaints
       commenced by the Bureau's October 22, 2007 and August 14, 2008 Letters
       of Inquiry regarding whether Licensee violated the Commission's
       Underwriting Laws in connection with its operation of the Station
       during May and July of 2007 as well as between October 27, 2007 and
       November 25, 2007.

    h. "Licensee" means the Pontifical Catholic University Service
       Association and its predecessors-in-interest and
       successors-in-interest as licensee of the Station.

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

    j. "Parties" mean Licensee and the Bureau.

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

    l. "Station" means noncommercial educational FM radio station WPUC-FM,
       Ponce, Puerto Rico (Facility ID No. 9351).

    m. "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).

   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 of their support, 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 and is consistent
       with the Commission's Rules and decisions establishing compliant
       underwriting announcements. Consequently, the Commission expects
       licensees to exercise reasonable, "good faith" judgment in this area,
       and affords some latitude to the judgments of licensees who do so.

    3. On October 22, 2007, the Bureau inquired about a complaint alleging
       that Licensee had aired advertisements in violation of the
       Underwriting Laws during sporting events on May 28, 2007, July 2, 2007
       and July 28, 2007. Licensee responded on November 21, 2007, informing
       the Bureau that the sporting events aired on May 28, 2007 and July 2,
       2007. Licensee also stated that it had advertisements that may have
       aired on those two dates. On August 14, 2008, the Bureau inquired
       about a complaint alleging that Licensee had aired advertisements in
       violation of the Underwriting Laws between October 27, 2007 and
       November 25, 2007. The Bureau directed Licensee to produce further
       information on October 27, 2008 and April 17, 2009. Licensee responded
       on September 29, 2008, November 26, 2008 and June 1, 2009, informing
       the Bureau that numerous announcements had aired between October 27,
       2007, and November 25, 2007.

   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. Licensee 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 Complaints. In consideration for the
       termination of said Investigation and dismissal of the Complaints,
       Licensee 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 Licensee concerning the matters that were the subject
       of the Investigation or the Complaints. 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 Licensee
       with respect to Licensee'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, Licensee 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. Licensee will use a multi-level review procedure for underwriting
   content to be broadcast on the Station. In working with prospective
   underwriters, Licensee staff will brief potential donors on the
   Underwriting Laws, provide them with the current Licensee Underwriting
   Guidelines, and work with them to fashion acceptable language.

   b. Licensee has prepared, with the assistance of legal counsel, an
   employee manual on allowed and prohibited announcements, will train
   employees and student interns on acceptable underwriting content that
   complies with the Underwriting Laws, and has placed a moratorium on
   accepting any new contracts with sports organizations for the broadcast of
   such organizations' games.

   c. Licensee will make good faith efforts, with respect to independently
   produced programming broadcast on the Station, 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. Licensee 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 Licensee, stating that the officer has personal
   knowledge that Licensee  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 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. Licensee agrees that it will make a voluntary
   contribution to the United States Treasury in the amount of Seventeen
   Thousand Dollars ($17,000.00). The payment will be made in three
   installments, with the first payment of $7,000 to made within five (5)
   calendar days after the Effective Date of the Adopting Order, the second
   payment of $5,000 to be made no later than ninety (90) calendar days of
   the Effective Date of the Adopting Order, and the third payment of $5,000
   to be made no later than one hundred eighty (180) calendar days of the
   Effective Date of the Adopting Order. Each payment must be made by check
   or similar instrument, payable to the order of the Federal Communications
   Commission. The payments 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). Licensee will also
   send electronic notification on the dates said payments are made to
   Hillary.DeNigro@fcc.gov, Ben.Bartolome@fcc.gov, Kenneth.Scheibel@fcc.gov,
   and to Anjali.Singh@fcc.gov.

   12.  Waivers. Licensee 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. Licensee 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
   Licensee nor the Commission shall contest the validity of the Consent
   Decree or the Adopting Order, and Licensee shall waive any statutory right
   to a trial de novo. Licensee 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.  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 Licensee does not expressly consent) that
   provision will be superseded by such Commission rule or Order.

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

   15.  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
   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. The Parties agree that this Consent
   Decree is for settlement purposes only and that by agreeing to this
   Consent Decree, Licensee does not admit or deny noncompliance, violation
   or liability for violating the Act, the Commission's Rules or Orders in
   connection with the matters that are the subject of this Consent Decree.

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

   17.  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.

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

   19.  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                                    
                                             
     ________________________________        
                                             
     Julio E. Feliu Ramirez                  
                                             
     Executive Director                      
                                             
     Pontifical Catholic University of       
                                             
     Puerto Rico Service Association, Inc.   
                                             
     ________________________________        
                                             
     Date                                    


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

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

   See 47 U.S.C. S: 154(i).

   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 Benigno E. Bartolome, Deputy Chief, Investigations and
   Hearings Division, Enforcement Bureau, to Licensee, dated October 22,
   2007("October 22th LOI"); Letter from Kenneth M. Scheibel, Jr., Assistant
   Chief, Investigations and Hearings Division, Enforcement Bureau, to
   Licensee, dated August 14, 2008 ("August 14th  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).

   Federal Communications Commission DA 09-1577

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