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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 WYZQ-LP)                  FRN No. 0007570310      
                                                 )                           
                                                                             
                                                 )                           


                                 CONSENT DECREE

   1. The Enforcement Bureau ("Bureau") and Hazard Community Broadcasting
   ("Licensee"), by their authorized representatives, hereby enter into this
   Consent Decree for the purpose of terminating the Enforcement Bureau's
   above-referenced 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, WLZD-LP, Hazard, Kentucky.

   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 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. "Complaints" mean the third-party complaints alleging violations of
       the Commission's Underwriting Laws, dated June 11, 2007, July 19,
       2007, and December 4, 2007, and all recordings provided by any
       complainant(s).

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

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

    h. "Investigation" means the investigation concerning the Complaints
       commenced by the Bureau's January 18, 2008, August 6, 2008, and
       September 16, 2009, Letters of Inquiry, regarding whether Licensee
       violated the Commission's Underwriting Laws in connection with its
       operation of the Station in July, August and December 2007.

    i. "Licensee" means Hazard Community Broadcasting and its
       predecessors-in-interest and successors-in-interest as licensee of the
       Station.

    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 low-power noncommercial educational FM radio station
       WLZD-LP, Hazard, Kentucky (Facility ID No. 135664).

    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

    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 January 18, 2008, the Bureau initiated an investigation regarding
       Licensee. Specifically, the Bureau investigated allegations that
       Licensee had aired advertisements in violation of the Underwriting
       Laws. The Licensee responded to the Bureau's inquiries, and provided
       certain transcripts of the inquired-of material. The announcements
       aired by the Station may have violated the Underwriting Laws because
       they appear to exceed the bounds of what is permissible and within
       Licensee's discretion under the Act and pertinent Commission
       precedent. With respect to calculating liability for any Commission
       rule violations that have occurred, Licensee has provided
       documentation, supported by affirmations, attempting to support its
       claim of financial hardship. The Bureau finds Licensee's financial
       showing credible in all respects. In arriving at the voluntary
       contribution amount, the Bureau, therefore, considers not only the
       nature of the misconduct in question, but also Licensee's limited
       ability to pay.

   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. 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 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.

    9. 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 utilize a multi-level review procedure for underwriting
   content to be aired on the Station. All scripts of announcements will
   continue to be reviewed by Station Management, 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
   Licensee, any new Station employee will be trained as to acceptable
   underwriting content that complies with the Underwriting Laws. In
   addition, Licensee 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 also implement and maintain a plan to educate prospective
   underwriters about appropriate underwriting content and how Licensee
   incorporates such underwriting content in the messages that it prepares
   for underwriter approval and eventual broadcast. To that end, 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. Licensee will not broadcast any announcement that
   does not comply with the Underwriting Laws.

   d. 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.

   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 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, 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 seven thousand
   dollars ($7,000.00). The payment is to be made within five (5) calendar
   days of the Effective Date. 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). 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 to
   Jennifer.Lewis@fcc.gov.

   13.  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.

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

   15.  Successors and Assigns. 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
   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.

   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.

   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.


     ________________________________              
                                                   
     Hillary S. DeNigro                            
                                                   
     Chief, Investigations and Hearings Division   
                                                   
     Enforcement Bureau                            
                                                   
     ________________________________              
                                                   
     Date                                          
                                                   
     ________________________________              
                                                   
     James L. Fields, President                    
                                                   
     Hazard Community Broadcasting                 
                                                   
     ________________________________              
                                                   
     Date                                          


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

   See 47 C.F.R. S: 73.503(d); see also 47 C.F.R. S: 73.801 (incorporating
   Underwriting Laws to LPFM stations).

   See Letter from Jennifer A. Lewis, Assistant Chief, Investigations and
   Hearings Division, Enforcement Bureau, to Licensee, dated January 18, 2008
   ("January 2008 LOI"); Letter from Kenneth M. Scheibel, Jr., Assistant
   Chief, Investigations and Hearings Division, Enforcement Bureau, to
   Licensee, dated August 6, 2008 ("August 2008  LOI"); Letter from Kenneth
   M. Scheibel, Jr., Assistant Chief, Investigations and Hearings Division,
   Enforcement Bureau, to Licensee, dated September 16, 2009 ("September 2009
   LOI").

   See 47 U.S.C. S: 399b(a); 47 C.F.R S: 73.503(d).

   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).

   See supra note 3.

   See Letter from Clifford R. Walters to Federal Communications Commission,
   dated February 20, 2008 ("First Response"); Letter from Rebecca Ritchie to
   Federal Communications Commission, dated August 20, 2008 ("Second
   Response"); Letter from Jody P. Ritchie to Federal Communications
   Commission, dated October 10, 2009 ("Third Response").

   See id.

   Federal Communications Commission ____ DA 10-685

   2

   Federal Communications Commission ___DA 10-685