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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
File No. EB-07-IH-9198
In the Matter of )
NAL Account No.
Hazard Community broadcasting ) 201032080023
Licensee of Noncommercial Educational ) Facility ID No. 135664
Station WLZD-LP, Hazard, Kentucky
(formerly WRZD-LP and WZYQ-LP) ) FRN No. 0007570310
)
)
ORDER
Adopted: April 28, 2010 Released: April 28, 2010
By Investigations and Hearings Division, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau ("Bureau") and Hazard Community
Broadcasting ("Licensee"). The Consent Decree terminates an
investigation by the Bureau against 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, in connection with the
broadcast by Licensee of underwriting acknowledgments over its
noncommercial educational FM radio station, WLZD-LP, Hazard, Kentucky
(the "Station").
2. The Bureau and 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 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 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 Hazard Community Broadcasting, by first-class, certified
mail, return receipt requested, to Hazard Community Broadcasting, P.O. Box
1851, Hazard, Kentucky 41702.
FEDERAL COMMUNICATIONS COMMISSION
Hillary S. DeNigro
Chief, Investigations and Hearings Division
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 10-685
2
Federal Communications Commission ___ DA 10-685