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Before the
Federal Communications Commission
Washington, D.C. 20554
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In the Matter of
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RIO TINTO AMERICA INC. File No. EB-09-IH-1665
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and Acct. No. 201232080009
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ALCAN CORPORATION FRN No. 0019120237
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Parent Companies of Various Subsidiary FRN No. 0019227933
Companies Holding Various Authorizations )
in the Wireless Radio Services
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ORDER
Adopted: December 14, 2011 Released: December 14, 2011
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau ("Bureau"), Rio Tinto America Inc.
("Rio Tinto"), and Alcan Corporation ("Alcan"). The Consent Decree
terminates an investigation by the Bureau into possible violations by
Rio Tinto and Alcan of Section 310(d) of the Communications Act of
1934, as amended (the "Act"), and Section 1.948 of the Commission's
rules ("Rules"), relating to the requirement that Commission approval
be obtained prior to assignment or transfer of control of wireless
radio station licenses; and Section 301 of the Act, and Sections 1.903
and 1.949(a) of the Rules, relating to the authorized operation of
stations and equipment in the wireless radio services, and the timely
filing of renewal applications.
2. The Bureau, Rio Tinto, and Alcan have negotiated the terms of a
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 Rio Tinto and Alcan possess 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 Act,
and sections 0.111 and 0.311 of the 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 a copy of this Order and Consent Decree
shall be sent by first class mail and certified mail, return receipt
requested, to counsel for Rio Tinto and Alcan, Catherine C. Butcher,
Esq., Butcher Feigen, LLC, 9116 Cranford Drive, Potomac, MD 20854.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
47 U.S.C. S: 310(d).
47 C.F.R. S: 1.948.
47 U.S.C. S: 301.
47 C.F.R. S:S: 1.903, 1.949(a).
47 U.S.C. S: 154(i).
47 C.F.R. S:S: 0.111, 0.311.
Federal Communications Commission DA 11-2004
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Federal Communications Commission DA 11-2004