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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                                   )                         
                                                       EB-08-IH-1207         
     In the Matter of                              )                         
                                                       Facility ID No. 9714  
     Daystar public radio, inc.                    )                         
                                                       NAL Account No.       
     Licensee of Noncommercial Educational         )   200932080052          
     Station WKSG(FM), Cedar Creek, Florida                                  
                                                   )   FRN No. 0005795976    
                                                                             
                                                   )                         


                                 CONSENT DECREE

   1. The Enforcement Bureau ("Bureau") and Daystar Public Radio, 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 the 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 the
   Licensee of underwriting acknowledgments over its noncommercial
   educational Station WKSG(FM), Cedar Creek, Florida.

   I. DEFINITIONS

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

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

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

    e. "Complaint" means all third-party complaints alleging violations of
       the Commission's Underwriting Laws, including those dated April 25,
       2008 and an undated complaint referenced by the April 25, 2008
       complaint as the April 11, 2008 letter that may have been received by,
       or are in the possession of, the Commission, and all related
       information or allegations.

    f. "Compliance Plan" means the program described in this Consent Decree
       at paragraph 9.

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

    h. "Investigation" means the investigation concerning the Complaints
       commenced by the Bureau's October 20, 2008 Letter of Inquiry regarding
       whether the Licensee violated the Commission's Underwriting Laws in
       connection with its operation of the Station during the period March
       31, 2008 through April 4, 2008.

    i. "Licensee" means the Daystar Public Radio, Inc. and its
       predecessors-in-interest and successors-in-interest as licensee of the
       Station.

    j. "Parties" mean the 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 Station WKSG (FM), Cedar
       Creek, Florida (Facility ID No. 9714).

    m. "Underwriting Laws" mean Section 399B of the Communications Act of
       1934, 47 U.S.C. S: 399b, and Section 73.621 (e) of the Commission's
       Rules, 47 C.F.R. S: 73.621 (e).

   II. BACKGROUND

    3. 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.

    4. On October 20, 2008, the Bureau issued a letter of inquiry ("LOI") to
       the Licensee. This LOI directed the Licensee, among other things, to
       submit a sworn written statement in response to questions relating to
       allegations that the Licensee had aired announcements in violation of
       the Underwriting Laws. The Licensee responded on November 19, 2008.
       The announcements may have violated the Underwriting Laws because they
       appear to exceed the bounds of what is permissible and within licensee
       discretion under the Act and pertinent Commission precedent.

   III. TERMS OF AGREEMENT

    5. 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.

    6. Jurisdiction. The 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.

    7. 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.

    8. 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, the
       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 the Licensee 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 the Licensee with respect to
       the Licensee's basic qualifications, including its character
       qualifications, to be a Commission licensee or to hold Commission
       authorizations.

    9. Compliance Plan. For purposes of settling the matters set forth
       herein, the 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. All scripts of announcements will
   continue to be reviewed by the Licensee or its staff, prior to broadcast,
   for compliance with the Underwriting Laws.

   b. Licensee will train employees on acceptable underwriting content that
   complies with the Underwriting Laws. Within thirty days of being hired by
   the Licensee, any new Station employee will be trained as to acceptable
   underwriting content that complies with the Underwriting Laws. In
   addition, the Licensee's Station employees will receive refresher
   training, on an annual basis, regarding existing guidelines and, where
   applicable, pertinent changes to the Underwriting Laws.

   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.

   d. Licensee will also implement and maintain a plan to educate prospective
   underwriters about appropriate underwriting content and how the Licensee
   incorporates such underwriting content in the messages that it prepares
   for underwriter approval and eventual broadcast. To that end, the Licensee
   will summarize the Underwriting Laws for each client before it accepts any
   contract with the prospective underwriter to air underwriting messages
   over the Station and prepares the underwriting message for the
   underwriter's review. The Licensee will not broadcast any announcement
   that does not comply with the Underwriting Laws.

   10. 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 the Licensee, stating that the officer has
   personal knowledge that the 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 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, Room 4-C330, 445 12th Street,
   S.W., Washington, D.C. 20554.

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

   12. Voluntary Contribution. Licensee agrees that it will make a voluntary
   contribution to the United States Treasury in the amount of Three Thousand
   Five Hundred Dollars ($3,500). 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). The Licensee will also send electronic notification on the
   date said payment is made to Hillary.DeNigro@fcc.gov,
   Ben.Bartolome@fcc.gov, Kenneth.Scheibel@fcc.gov, and
   Anita.Patankar-Stoll@fcc.gov.

   13. Waivers. The 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. The 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 the
   Licensee nor the Commission shall contest the validity of the Consent
   Decree or the Adopting Order, and the Licensee shall waive any statutory
   right to a trial de novo. The 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.

   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 the Licensee does not expressly consent)
   that provision will be superseded by such Commission rule or Order.

   15. Successors and Assigns. The Licensee 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.

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

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

   See Letter from Kenneth M. Scheibel, Jr., Assistant Chief, Investigations
   and Hearings Division, Enforcement Bureau, Federal Communications
   Commission to Daystar Public Radio, Inc. dated October 20, 2008 ("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) ("Xavier").

   See Letter from Jason Linkous, Vice-President, Daystar Public Radio, Inc.
   to Kenneth M. Scheibel Jr., Assistant Chief, Investigations and Hearings
   Division, Enforcement Bureau, Federal Communications Commission, filed
   November 19, 2008.

   See Xavier, supra note 9.

   Federal Communications Commission DA 09-2011

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   Federal Communications Commission _____ DA 09-2011