Click here for Adobe Acrobat version
Click here for Microsoft Word version
Click here for Consent Decree
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
)
EB-09-IH-0500
In the Matter of )
Facility ID No. 89401
WAY-FM MEDIA GROUP, INC. )
NAL Account No.
Licensee of Noncommercial Educational ) 201032080014
Station KXWA(FM), Loveland, Colorado
) FRN No. 0004995288
)
ORDER
Adopted: April 23, 2010 Released: April 27, 2010
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau ("Bureau") and WAY-FM Media Group, 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 KXWA(FM), Loveland, Colorado
(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 complaint 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 IS DISMISSED.
8. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
shall be sent to WAY-FM Media Group, Inc., P.O. Box 64500, Colorado
Springs, Colorado, 80962, and to its counsel, A. Wray Fitch, III, Gammon &
Grange, P.C., 8280 Greensboro Drive, 7th Floor, McLean, Virginia
22102-3807, by first-class, certified mail, return receipt requested.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
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.
Federal Communications Commission DA 10-581
2
Federal Communications Commission DA 10-581