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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                               )                             
                                                                             
                                               )                             
     In the Matter of                              EB-10-IH-2083             
                                               )                             
     LONG ISLAND UNIVERSITY PUBLIC RADIO           FRN No. 0015679806        
     NETWORK                                   )                             
                                                   Account No. 201132080014
     Licensee of Noncommercial Educational     )                             
     Station WLIU(FM), Southampton, NY             Facility ID No. 38340     
                                               )                             
                                                                             
                                               )                             



                                     ORDER

   Adopted: October 1, 2010 Released: October 1, 2010

   By the Chief, Enforcement Bureau:

    1. In this Order, we adopt the attached Consent Decree entered into by
       the Enforcement Bureau ("Bureau") and Long Island University Public
       Radio Network, licensee of Station WLIU(FM), Southampton, New York
       ("Licensee"). The Consent Decree terminates the Bureau's investigation
       into whether the Licensee and Peconic Public Broadcasting ("Peconic")
       violated Section 310 of the Communications Act of 1934, as amended,
       and Section 73.3540 of the Commission's Rules, by engaging in conduct
       that exceeded the scope of a management agreement between the Licensee
       and Peconic, thereby effectuating a possible de facto unauthorized
       transfer of control.

    2. The Bureau and the Licensee have negotiated the terms of the Consent
       Decree that resolves 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 complaint pending before
       the Enforcement Bureau against the Licensee related to the
       above-captioned investigation as of the date of this Consent Decree IS
       DISMISSED.

   8. IT IS FURTHER ORDERED that a copy of this Order and the Consent Decree
   shall be sent by first-class, certified mail, return receipt requested to
   Long Island University Public Radio Network, c/o John Crigler, Esq.,
   Garvey Schubert Barer, Fifth Floor, 1000 Potomac Street N.W., Washington,
   D.C., 20007.

   FEDERAL COMMUNICATIONS COMMISSION

   P. Michele Ellison

   Chief, Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                                 )                           
                                                                             
                                                 )                           
     In the Matter of                                                        
                                                 )   File No. EB-10-IH-2083  
     Long Island University Public Radio                                     
     Network                                     )   FRN No. 0015679806      
                                                                             
     Licensee of Noncommercial Educational       )   Acct. No. 201032080037  
     Station                                                                 
                                                 )   Facility ID No. 38340   
     WLIU(FM), Southampton, New York                                         
                                                 )                           
                                                                             
                                                 )                           


                                 CONSENT DECREE

    1. The Enforcement Bureau ("Bureau") and Long Island University Public
       Radio Network ("Licensee"), by their authorized representatives,
       hereby enter into this Consent Decree for the purpose of terminating
       the Bureau's investigation into whether the Licensee violated Section
       310(d) of the Communications Act of 1934, as amended, and Section
       73.3540 of the Commission's rules.

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

    c. "Agreement" means the management agreement entered into between Long
       Island University Public Radio Network and Peconic Public Broadcasting
       on December 1, 2009.

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

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

    f. "Complaint" means the third-party complaint received by the Commission
       on February 20, 2010, alleging that Long Island University Public
       Radio Network and Peconic Public Broadcasting engaged in an
       unauthorized transfer of control.

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

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

    i. "Investigation" means the Bureau's investigation of the Complaint
       alleging, among other things, that LIU and Peconic violated Section
       310 of the Act and Section 73.3540 of the Rules.

    j. "Investigations and Hearings Division" means the Investigations and
       Hearings Division, Enforcement Bureau, Federal Communications
       Commission, acting on behalf of the Enforcement Bureau.

    k. "Licensee" or "LIU" mean Long Island University Public Radio Network,
       licensee of noncommercial educational Station WLIU(FM).

    l. "Parties" means Long Island University Public Radio Network and the
       Bureau.

    m. "Peconic" means Peconic Public Broadcasting.

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

    o. "Station" means noncommercial educational Station WLIU(FM),
       Southampton, New York (Facility ID No. 38340).

   II. BACKGROUND

    3. Section 310(d) of the Act and Section 73.3540 of the Rules prohibit
       the transfer of control of a broadcast station without prior
       Commission consent. A licensee may, however, delegate day-to-day
       functions to an agent pursuant to a time brokerage agreement or to a
       local marketing or management agreement without engaging in an
       unauthorized transfer of control. Such delegation must be limited,
       however, to ensure that the licensee retains ultimate control of basic
       station policies. The touchstone of control "is not divining who
       executes the station's programming, personnel and finance
       responsibilities," but rather who establishes policies governing these
       three areas and exercises ultimate control. To ensure the appropriate
       level of control, licensees engaged in a time broker or in a local
       marketing or management agreement "should be ready and able to operate
       independently from the broker at anytime it believes the arrangement
       does not fulfill its public interest responsibilities."

    4. The Bureau received a Complaint alleging that Peconic (a
       not-for-profit corporation established for the purpose of acquiring
       WLIU(FM), and which had entered into an Agreement with LIU) had
       assumed control of the Station without first obtaining Commission
       approval. The Bureau began an investigation and issued letters of
       inquiry to the Licensee and Peconic. The Licensee and Peconic timely
       responded to the respective LOIs, each denying that it had engaged in
       an unauthorized transfer of control. The Bureau and the Licensee
       acknowledge that any proceedings that might result from the
       Investigation and/or the Complaint would be time-consuming and require
       substantial expenditure of public and private resources. In order to
       conserve such resources and to ensure continued compliance by the
       Licensee with the Act and the Commission's Rules, the Bureau and the
       Licensee are entering into this Consent Decree in consideration of the
       mutual commitments made herein. The terms of the Consent Decree
       reflect consideration of the Licensee's current financial condition
       and of the short duration of the alleged violation, among other
       factors.

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

    7. Effective Date; Violation. 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 with prejudice. In
       consideration for the termination of said Investigation and dismissal
       of the Complaint, LIU 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, 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 LIU 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, 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 LIU with respect to its 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,  LIU agrees to maintain a Compliance Plan related to its
       future compliance with Section 310(d) of the Act, Section 73.3540 of
       the Commission's Rules, and the Commission's Orders related thereto.
       Such Compliance Plan will include, at a minimum, the following
       components:

    a. An officer of LIU ("Compliance Officer") will conduct a compliance
       examination of the Licensee's subsidiaries, companies, or affiliates
       that have negotiated local marketing or time brokerage/management
       agreements. Such examination will be conducted, at a minimum, every
       six months, beginning on the Effective Date.

    b. The Compliance Officer shall also consult with telecommunications
       counsel regarding the Licensee's overall compliance with Section
       310(d) of the Act and Section 73.3540 of the Commission's rules on an
       annual basis, if not more frequently.

    c. The requirements of the Compliance Plan will expire three years from
       the Effective Date or upon LIU's complete assignment of all Commission
       licenses, whichever is earlier.

   10. Compliance Reports. The Licensee will file compliance reports with the
       Commission 12 months, 24 months, and 36 months following the Effective
       Date. Each compliance report shall include a compliance certificate
       from the Compliance Officer, as an agent of and on behalf of LIU,
       stating that he/she has personal knowledge that LIU (i) has
       established operating procedures intended to ensure compliance with
       the terms and conditions of this Consent Decree and with Section 310
       of the Act and Section 73.3540 of the Commission's Rules, together
       with an accompanying statement explaining the basis for the
       certification; (ii) has been utilizing those procedures since the
       previous Compliance Report was submitted; and (iii) is not aware of
       any instances of non-compliance. The certification must comply with
       Section 1.16 of the Rules and be subscribed to as true under penalty
       of perjury in substantially the form set forth therein. If the
       Compliance Officer cannot provide the requisite certification, he/she
       shall provide the Commission with a detailed explanation of: (i) any
       instances of non-compliance with this Consent Decree and the Rules, 
       and (ii) the steps that LIU has taken or will take to remedy each
       instance of non-compliance and ensure future compliance, and the
       schedule on which proposed remedial actions will be taken. All
       compliance reports shall be submitted to the Chief, Investigations and
       Hearings Division, Enforcement Bureau, Federal Communications
       Commission, 445 12th Street, S.W., Room 4-C330, Washington, D.C.
       20554, with a copy submitted electronically to Kenneth Scheibel at
       Kenneth.Scheibel@fcc.gov and to Dana Leavitt at Dana.Leavitt@fcc.gov.

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

   12. Voluntary Contribution. The Licensee agrees that it will make a
       voluntary contribution to the United States Treasury in the amount of
       $5,000. The Licensee shall make such contribution within 30 calendar
       days of the Effective Date. Such payment must include the Account and
       Facility Identification Number and the FRN Number referenced in the
       caption of the Adopting Order. Payments by check or money order may be
       mailed to Federal Communications Commission, P.O. Box 979088, St.
       Louis, MO 63197-9000. Payments by overnight mail may be sent to U.S.
       Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza,
       St. Louis, MO 63101. Payments by wire transfer may be made to ABA
       Number 021030004, receiving bank TREAS/NYC, and account number
       27000001. For payments by credit card, an FCC Form 159 (Remittance
       Advice) must be submitted.  When completing the FCC Form 159, enter
       the 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 an electronic notification on the date each
       payment is made to: Hillary S. DeNigro (Hillary.Denigro@fcc.gov), Ben
       Bartolome (Ben.Bartolome@fcc.gov), Kenneth M. Scheibel, Jr.
       (Kenneth.Scheibel@fcc.gov), and Dana E. Leavitt
       (Dana.Leavitt@fcc.gov).

   13. Waivers. The Licensee waives any and all respective 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 any Party (or the United States on
       behalf of the Commission) brings a judicial action to enforce the
       terms of the Adopting Order, neither LIU nor the Commission shall
       contest the validity of the Consent Decree or the Adopting Order, and
       LIU 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 LIU 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 them. 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
       others 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.


                                        ________________________________     
     ________________________________                                        
                                        Robert N. Altholz                    
     P. Michele Ellison                                                      
                                        Vice President for Finance           
     Chief, Enforcement Bureau                                               
                                        Long Island University Public Radio  
     ________________________________   Network                              
                                                                             
     Date                               ________________________________     
                                                                             
                                        Date                                 


   See 47 U.S.C. S: 310.

   See 47 C.F.R. S: 73.3540.

   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: 310(d).

   See 47 C.F.R. S: 73.3540.

   See Letter from Kenneth M. Scheibel, Jr., Assistant Chief, Investigations
   and Hearings Division, Enforcement Bureau, Federal Communications
   Commission, to Long Island University Public Radio Network, dated April
   29, 2010 ("LIU LOI"); see also Letter from Kenneth M. Scheibel, Jr.,
   Assistant Chief, Investigations and Hearings Division, Enforcement Bureau,
   Federal Communications Commission, to Wallace A. Smith, General Manager,
   Peconic Public Broadcasting, dated April 29, 2010 ("Peconic LOI").

   See 47 U.S.C. S: 310(d); 47 C.F.R. S: 73.3540(a).

   See Salem Broadcasting, Inc., Notice of Apparent Liability for Forfeiture,
   6 FCC Rcd 4172 (Mass Media Bur. 1991). See also WGPR, Inc., Memorandum
   Opinion & Order, 10 FCC Rcd 8140, 8142 (1995), vacated on other grounds,
   sub nom. Serafyn v. FCC, 149 F.3d 1213 (D.C. Cir. 1998).

   See WGPR, Inc., 10 FCC Rcd at 8142.

   Id.

   Id. at 8145. See Salem Broadcasting, Inc., 6 FCC Rcd at 4173; Bee
   Broadcasting Associates, Hearing Designation Order and Notice of Apparent
   Liability, 5 FCC Rcd 6584 (1990). See generally WLOX Broadcasting Company,
   260 F.2d 712, 715-16 (D.C. Cir. 1958); Phoenix Broadcasting Co., 44 FCC 2d
   838 (1973).

   See Letter from Ernest T. Sanchez, Esq., counsel for Peconic Public
   Broadcasting, to Marlene H. Dortch, Secretary, Federal Communications
   Commission, dated June 7, 2010 ("Peconic LOI Response").

   See supra note 3.

   See Letter from Robert N. Altholz, Vice President for Finance, Long Island
   University Public Radio Network, to Marlene H. Dortch, Secretary, Federal
   Communications Commission, dated June 7, 2010; Peconic LOI Response, supra
   note 9.

   Federal Communications Commission DA 10-1861

   3

   Federal Communications Commission DA 10-1861