Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      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


                                                )                            
                                                                             
                                                )                            
                                                                             
     In the Matter of                           )   File No. EB-05-IH-1022   
                                                                             
     DAVID CARUS & ASSOCIATES                   )   NAL/Acct. No.            
                                                    201132080027             
     Licensee of FM Translator Stations         )                            
     W264AS, Rockledge, Florida, W272BA,            FRN No. 0008605503       
     Cocoa Beach, Florida, and Aural Studio     )                            
     Transmitter Link WQEQ835, Indialantic,         Facility ID Nos. 144128  
     Florida                                    )   and 144133               
                                                                             
                                                )                            
                                                                             
                                                )                            


                                     ORDER

   Adopted: June 2, 2011 Released: June 3, 2011

   By the Chief, Enforcement Bureau:

    1. In this Order, we adopt the attached Consent Decree entered into
       between the Enforcement Bureau ("Bureau") and David Carus & Associates
       (the "Licensee"). The Consent Decree terminates an investigation by
       the Bureau against the Licensee for possible violations of sections
       399B and 310(d) of the Communications Act of 1934, as amended, and
       sections 73.503(d), 73.3540, and 74.1231(g) of the Commission's Rules,
       in connection with the transfer of control of FM Translator Station
       W264AS, Rockledge, Florida ("Station W264AS"), FM Translator Station
       W272BA, Cocoa Beach, Florida, and Aural Studio Transmitter Link
       WQEQ835 (collectively, the "Stations"); and the broadcast of
       underwriting announcements and originations concerning financial
       support over Station W264AS.

    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, as to
       the Station and/or the Licensee, IS TERMINATED.

    7. IT IS FURTHER ORDERED that any third-party complaints and allegations
       against the Stations and/or the 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 by first class certified mail, return receipt requested,
       to David S. Carus, President, David Carus & Associates, P.O. Box
       780037, Orlando, Florida 32878.

   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-05-IH-1022   
                                                                             
     DAVID CARUS & ASSOCIATES                   )   NAL/Acct. No.            
                                                    201132080027             
     Licensee of FM Translator Stations         )                            
     W264AS, Rockledge, Florida, W272BA,            FRN No. 0008605503       
     Cocoa Beach, Florida, and Aural Studio     )                            
     Transmitter Link WQEQ835, Indialantic,         Facility ID Nos. 144128  
     Florida                                    )   and 144133               
                                                                             
                                                )                            
                                                                             
                                                )                            


                                 CONSENT DECREE

   1. The Enforcement Bureau (the "Bureau") and David Carus & Associates
   ("Licensee"), by their authorized representatives, enter into this Consent
   Decree for the purpose of terminating the Bureau's investigation into
   whether the Licensee violated sections 399B and 310(d) of the
   Communications Act of 1934, as amended, and sections 73.503(d), 73.3540,
   and 74.1231(g) of the Commission's Rules, in connection with the transfer
   of control of FM Translator Station W264AS, Rockledge, Florida ("Station
   W264AS"), FM Translator Station W272BA, Cocoa Beach, Florida ("Station
   W272BA"), and Aural Studio Transmitter Link WQEQ835 (collectively, the
   "Stations"); and the broadcast of underwriting announcements and
   originations concerning financial support over Station W264AS.

   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 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. "Community Radio Foundation of Florida, Inc." and "Community Radio"
       mean the permittee of FM translator station W277BO, Malabar, Florida
       (Facility ID 158421) and new FM station in Marietta, Ohio (Facility ID
       176826).

    f. "Compliance Plan" means the program described in this Consent Decree
       at Paragraph 13.

    g. "Compliance Officer" means the individual designated in Paragraph
       13.a. of this Consent Decree as the person responsible for
       administration of the Compliance Plan.

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

    i. "Investigation" means the investigation commenced by the Bureau's June
       23, 2010, Letter of Inquiry regarding whether the Licensee violated
       the Underwriting Laws and Origination Laws in connection with its
       operation of Station W264AS on October 27, 2009, October 29, 2009, and
       February 26, 2010; and whether the Licensee violated the Unauthorized
       Transfer of Control Laws by transferring control of the Stations
       without obtaining prior consent of the FCC.

    j. "Licensee" means David Carus & Associates as licensee of the Stations.

    k. "Origination Laws" mean 47 C.F.R. S: 74.1231(g).

    l. "Parties" mean the Licensee and the Bureau, and each is a "Party."

    m. "Principal" means David S. Carus, President of David Carus &
       Associates.

    n. "Public Radio Information Services of Central Florida, Inc." means the
       permittee of low power FM station WNRG-LP, Palm Bay, Florida (Facility
       ID 135652).

    o. "Randy Bennett" means the Director of Public Radio Information
       Services of Central Florida, Inc.

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

    q. "Stations" mean FM Translator Stations W264AS, Rockledge, Florida
       (Facility ID No. 144128) and W272BA, Cocoa Beach, Florida (Facility ID
       No. 144133), and Aural Studio Transmitter Link WQEQ835, Indialantic,
       Florida.

    r. "Station W264AS" means FM Translator Station W264AS, Rockledge,
       Florida (Facility ID No. 144128).

    s. "Station W272BA" means FM Translator Station W272BA, Cocoa Beach,
       Florida (Facility ID No. 144133).

    t. "Unauthorized Transfer of Control Laws" mean 47 U.S.C. S: 310(d) and
       47 C.F.R. S: 73.3540.

    u. "Underwriting Laws" mean 47 U.S.C. S: 399b and 47 C.F.R. S: 73.503(d).

   II. BACKGROUND

    3. The Unauthorized Transfer of Control Laws prohibit a licensee from
       transferring control of a Commission license without prior Commission
       authorization.

    4. The Underwriting Laws define advertisements 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 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.

    5. The Origination Laws impose restrictions on the content, length, and
       frequency of licensee-originated program material broadcast over
       translator stations. Specifically, such originations shall be limited
       to emergency warnings of imminent danger and to seeking or
       acknowledging support deemed necessary to the continued operation of
       the translator. Originations concerning financial support are limited
       to a total of thirty (30) seconds per hour. Acknowledgments of support
       may identify the contributors and the size or nature of the
       contributions and may contain their advertising messages. The same
       restrictions that apply to messages aired by noncommercial FM stations
       apply to noncommercial FM translator facilities, however.

    6. On June 23, 2010, based on information gathered by the Bureau's Tampa
       Field Office, the Bureau issued a Letter of Inquiry to the Licensee,
       directing the Licensee, among other things, to submit sworn written
       statements in response to questions relating to possible violations of
       the above-described laws. The Licensee responded on August 23, 2010
       and September 2, 2010, and provided a recording of some of the
       inquired-of material.

    7. In its Response, the Licensee admits that it, through an agreement
       with Community Radio Foundation of Florida, Inc., permittee of FM
       translator station W277BO, Malabar, Florida (Facility ID 158421) and
       new FM station in Marietta, Ohio (Facility ID 176826) ("Community
       Radio"), transferred full ownership in the Stations to Community Radio
       on November 19, 2004 without prior Commission approval, and that Randy
       Bennett, Director of Public Radio Information Services of Central
       Florida, Inc., and/or Community Radio has maintained control of the
       Stations' facilities ever since. In its Response, the Licensee neither
       admits nor denies violating the Underwriting Laws. The evidence in
       this case also establishes that the Licensee may have violated the
       Origination Laws by airing underwriting messages in excess of the
       thirty-second per hour limitation set forth in the Rules, which the
       Licensee does not dispute.

    8. With respect to the issue of its ability to pay any forfeiture amount
       assessed, the Licensee also provided documentation to support its
       claim of significant financial hardship. Commission records indicate
       that Station W272BA has suspended operations and has authority to
       remain silent. Commission records also indicate that Station W264AS
       has suspended operations and has authority to remain silent. The terms
       of the Consent Decree reflect the Bureau's consideration of the
       Licensee's limited ability to pay and the fact that Station W272BA and
       Station W264AS have suspended operations under authority granted by
       the Commission.

   III. TERMS OF AGREEMENT

    9. 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.

   10. Jurisdiction. The 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.

   11. Effective Date; Violations. The Parties agree that this Consent Decree
       shall become effective on the date on which the Bureau 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.

   12. 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 with respect to the Licensee and its Principal. In
       consideration for the termination of said Investigation, the 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 the Licensee and its Principal 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 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 the Licensee
       and its Principal with respect to the Licensee's basic qualifications,
       including its character qualifications, to be a Commission licensee.

   13. Compliance Plan. For purposes of settling the matters set forth
       herein,  the Licensee agrees to create and implement within thirty
       (30) days of the Effective Date a Compliance Plan related to future
       compliance with the Act, the Rules, and the Commission's Orders. The
       Compliance Plan shall include, at a minimum, the following components:

     a. Compliance Officer. The Licensee shall designate an individual to
        serve as its Compliance Officer, who shall be responsible for
        administering the Compliance Plan. In discharging such duties, the
        Compliance Officer, if not an FCC regulatory counsel, shall consult
        with and be assisted by outside FCC regulatory counsel.

     b. Counsel Consultation. The Licensee shall consult with outside FCC
        regulatory counsel regarding the Licensee's overall compliance with
        the Unauthorized Transfer of Control Laws, the Underwriting Laws, and
        the Origination Laws on an annual basis, if not more frequently.

     c. Review Procedure. The Licensee shall utilize a review procedure for
        underwriting content to be aired on Station W264AS and Station
        W272BA. All scripts of announcements shall be reviewed by the
        Licensee or its Compliance Officer, prior to broadcast, for
        compliance with the Underwriting Laws.

     d. Training. The Licensee shall train any and all employees on
        acceptable underwriting content that complies with the Underwriting
        Laws. Within thirty (30) days of being hired by the Licensee, any new
        Licensee employee shall be trained as to acceptable underwriting
        content that complies with the Underwriting Laws. In addition, the
        Licensee's employees shall receive refresher training, on an annual
        basis, regarding existing guidelines and, where applicable, pertinent
        changes to the Underwriting Laws.

     e. Education Program. The Licensee shall implement and maintain a plan
        to educate prospective underwriters about appropriate underwriting
        content and how the Licensee incorporates such underwriting content
        in the messages that it prepares for underwriter approval and
        eventual broadcast. To that end, the Licensee shall summarize the
        Underwriting Laws for each client before it accepts any contract with
        the prospective underwriter to air underwriting messages over Station
        W264AS and Station W272BA and prepares the underwriting message for
        the underwriter's review. The Licensee shall not broadcast any
        announcement that does not comply with the Underwriting Laws.

     f. Origination. Station W264AS and Station W272BA shall not air
        underwriting messages in excess of the thirty-second per hour
        limitation pursuant to the Origination Laws.

     g. Employment; Control. The Licensee shall not allow Randy Bennett
        and/or Community Radio Foundation of Florida, Inc. to work for,
        contract for, consult for, or hold any ownership interest (outright
        or beneficial, through any mechanism, including de facto control) in
        the Licensee and the Stations.

     h. Assignment. The Licensee shall not assign any of the authorizations
        of the Stations to Randy Bennett and/or Community Radio Foundation of
        Florida, Inc. or to any entity in which Randy Bennett and/or
        Community Radio Foundation of Florida, Inc. holds any ownership
        interest (outright or beneficial, though any mechanism, including de
        facto control).

     i. Termination Date. Unless stated otherwise,  the requirements of this
        Compliance Plan will expire three (3) years after the Effective Date
        or upon the Licensee's complete assignment of all Commission
        licenses, whichever is earlier.

   14. Cooperation. The Principal agrees to make his best efforts to
       cooperate with the

   Commission and the Bureau and provide written statements and/or serve as a
   witness as requested in any other investigations conducted by the
   Commission or the Bureau and/or hearings involving the Commission as part
   of this proceeding (EB-05-IH-1022). As part of such cooperation, the
   Principal, as an officer of the court, commits to telling the truth. Any
   such cooperation provided shall be limited to the facts and circumstances
   within the knowledge of the Licensee and its Principal as it pertains to
   matters subject to this investigation. This commitment shall extend
   throughout the duration of such proceedings regardless of whether David
   Carus & Associates is still the licensee of any of the Stations.
   Notwithstanding this provision, the Commission, Bureau, and the Principal
   reserve any and all legal rights that they would otherwise have.

   15. Updated Contact Information. The Principal agrees to provide to the
       Commission any updated contact information (phone number and/or
       mailing address) for him for the next three (3) years after the
       Effective Date. This information should be submitted to Chief,
       Investigations and Hearings Division, Enforcement Bureau, Federal
       Communications Commission, Room 4-C330, 445 12th Street, S.W.,
       Washington, D.C. 20554.

   16. Compliance Reports. The Licensee shall file compliance reports with
       the Commission ninety (90) days after the Effective Date, twelve (12)
       months after the Effective Date, twenty-four (24) months after the
       Effective Date, and upon expiration of the Compliance Plan in this
       Consent Decree, as defined above in Paragraph 13.i. of the Compliance
       Plan. This compliance reporting requirement will expire three (3)
       years after the Effective Date or upon the Licensee's complete
       assignment of all Commission licenses, whichever is earlier. Each
       compliance report shall include a compliance certificate from the
       Compliance Officer, as defined in Paragraph 13.a. of the Compliance
       Plan, as an agent of the Licensee, stating that the Compliance Officer
       has personal knowledge that the Licensee: (i) has established
       operating procedures intended to ensure compliance with the terms and
       conditions of this Consent Decree, the Unauthorized Transfer of
       Control Laws, the Underwriting Laws, and the Origination Laws,
       together with an accompanying statement explaining the basis for the
       Compliance Officer's 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, the Compliance Officer, as an agent of and on
       behalf of the Licensee, shall provide the Commission with a detailed
       explanation of: (i) any instances of non-compliance with this Consent
       Decree, the Unauthorized Transfer of Control Laws, the Underwriting
       Laws, or the Origination Laws; and (ii) the steps that the Licensee
       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, Room 4-C330, 445 12th Street, S.W.,
       Washington, D.C. 20554, with a copy submitted electronically to Anjali
       Singh at Anjali.Singh@fcc.gov, and to Melissa Marshall at
       Melissa.Marshall@fcc.gov.

   17. Voluntary Contribution. The Licensee agrees that it will make a
       voluntary contribution to the United States Treasury in the amount of
       six thousand five hundred dollars ($6,500). The payment will be made
       within thirty (30) calendar  days after the Effective Date of the
       Adopting Order. 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). The Licensee will also send electronic
       notification on the date said payment is made to
       Terry.Cavanaugh@fcc.gov, Anjali.Singh@fcc.gov, and
       Melissa.Marshall@fcc.gov.

   18. Waivers. The 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. The 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 the Licensee nor the Commission shall contest
       the validity of the Consent Decree or the Adopting Order, and the
       Licensee 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.

   19. Invalidity. In the event that this Consent Decree in its entirety is
       rendered invalid by any court of competent jurisdiction, it shall
       become null and void and may not be used in any manner in any legal
       proceeding.

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

   21. Admission of Liability. Notwithstanding any of the Licensee's prior
       submissions in this proceeding, the Licensee admits, for Commission
       civil enforcement purposes and in express reliance on the provisions
       of Paragraph 12 herein, that its actions with respect to the ownership
       and control of the Stations and the broadcast of underwriting
       announcements and originations referenced in Paragraph 7 herein
       violated the Commission regulations and requirements in force at the
       time of such actions.

   22. Investigation of Other Individuals and/or Entities in Proceeding. The
       Commission and the Bureau retain their authority to investigate the
       conduct of other individuals and/or entities in this proceeding
       (EB-05-IH-1022) or any investigation or matter related to this
       proceeding. The Commission and the Bureau reserve the right to use
       facts developed during the course of this Investigation in any
       investigation of other individuals and/or entities in this proceeding
       (EB-05-IH-1022) or any investigation or matter related to this
       proceeding.

   23. Final Settlement. The Parties agree and acknowledge that this Consent
       Decree shall constitute a final settlement between the Parties.

   24. Modifications. This Consent Decree cannot be modified without the
       advance written consent of both Parties.

   25. 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.

   26. Authorized Representative. Each party represents and warrants to the
       other that it has full power and authority to enter into this Consent
       Decree.

   27. 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.


     ________________________________   
                                        
     P. Michele Ellison                 
                                        
     Chief                              
                                        
     Enforcement Bureau                 
                                        
     ________________________________   
                                        
     Date                               
                                        
     ________________________________   
                                        
     David S. Carus                     
                                        
     President                          
                                        
     David Carus & Associates           
                                        
     ________________________________   
                                        
     Date                               


   See 47 U.S.C. S:S: 399b, 310(d).

   See 47 C.F.R. S:S: 73.503(d), 73.3540, 74.1231(g).

   Although the Bureau is terminating its investigation into whether the
   Licensee engaged in conduct that violated these laws, the Commission and
   the Bureau retain their right to investigate the conduct of other targets
   in the above-captioned proceeding against which investigations under this
   same file number (EB-05-IH-1022) remain pending.

   The Bureau's assessment that the Licensee possesses the basic
   qualifications to hold or obtain a Commission license or authorization
   applies to the Licensee's qualifications as a corporate entity. This
   finding, however, does not foreclose the Commission and the Bureau from
   making a separate assessment into whether the conduct of other targets in
   the above-captioned proceeding, against which investigations under this
   same file number (EB-05-IH-1022) remain pending, raises questions
   regarding their basic qualifications to hold or obtain a Commission
   permit, license, or authorization.

   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:S: 399b, 310(d).

   See 47 C.F.R. S:S: 73.503(d), 73.3540, 74.1231(g).

   See Letter from Anjali K. Singh, Acting Assistant Chief, Investigations
   and Hearings Division, Enforcement Bureau, Federal Communications
   Commission, to David Carus & Associates, dated June 23, 2010.

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

   See 47 U.S.C. S: 399b(a).

   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).

   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 47 C.F.R. S: 74.1231(g).

   See id.

   See Great Lakes Community Broadcasting, Inc., Memorandum Opinion and
   Order, 18 FCC Rcd 25101, 25103-04 (Enf. Bur., Investigations & Hearings
   Div. 2003) (citing Amendment of Part 74 of the Commission's Rules
   Concerning FM Translator Stations, Report and Order, 5 FCC Rcd 7212, 7217
   (1990)). See also 47 C.F.R. S: 74.1201 (referring to a noncommercial FM
   translator as an FM broadcast translator station which rebroadcasts the
   signals of a noncommercial educational AM or FM radio broadcast station).

   See supra note 3.

   See Letter from David S. Carus, President of David Carus & Associates,
   LLC, to Anjali K. Singh, Acting Assistant Chief, Investigations and
   Hearings Division, Enforcement Bureau, Federal Communications Commission,
   filed August 23, 2010 ("Response"); E-mail from David Carus, President of
   David Carus & Associates, LLC, to Melissa Marshall, Attorney Advisor,
   Investigations and Hearings Division, Enforcement Bureau, Federal
   Communications Commission, submitted September 2, 2010.

   Public Radio Information Services of Central Florida, Inc. is the
   permittee of low power FM station WNRG-LP, Palm Bay, Florida (Facility ID
   135652).

   See Response at 3-6.

   See id. at 1-2.

   See 47 C.F.R. S: 74.1231(g).

   See E-mail from David S. Carus, President of David Carus & Associates,
   LLC, to Melissa Marshall, Attorney Advisor, Investigations and Hearings
   Division, Enforcement Bureau, Federal Communications Commission, submitted
   November 9, 2010.

   See FCC File No. BLSTA-20101026AAX.

   See FCC File No. BLSTA-20110103AAM.

   This termination is without prejudice to the Commission's and/or the
   Bureau's prosecution of other individuals and/or entities in this
   proceeding (EB-05-IH-1022) or any investigation or matter related to this
   proceeding.

   See infra Paragraph 22.

   See id.

   While Station W272BA and Station W264AS have suspended operations under
   authority granted by the Commission, the obligations set forth in
   Paragraphs 13.c., 13.d., 13.e., and 13.f. of this Consent Decree will not
   apply with respect to those stations; such provisions, however, must be
   complied with immediately upon resumption of operations or expiration of
   the authority.

   In determining de facto control, the Commission traditionally looks beyond
   the legal title to whether an entity or individual has obtained the right
   to determine the basic operating policies of the station. See WHDH, Inc.,
   Memorandum Opinion and Order, 17 FCC 2d 856 (1969), aff'd sub nom.,
   Greater Boston Television Corp. v. FCC, 444 F.2d 841 (D.C. Cir. 1970),
   cert. denied, 403 U.S. 923 (1971). While such an analysis transcends
   formulas, the Commission generally looks to policies concerning
   programming, personnel, and finances to make this determination. See,
   e.g., Stereo Broadcasters, Inc., Decision, 87 FCC 2d 87 (1981), recon.
   denied, 50 RR 2d 1346 (1982).

   See supra note 26.

   There is a pending application to assign the authorizations for Station
   W272BA and Station W264AS to National Christian Network, Inc. See FCC File
   No. BALFT-20110107AER.

   See 47 C.F.R. S: 1.16.

   The Consent Decree between the Bureau and David Carus & Associates applies
   only to David Carus & Associates as a corporate licensing entity and its
   Principal and does not constitute a settlement between the Commission or
   the Bureau and any other individuals and/or entities in this proceeding
   (EB-05-IH-1022) or any investigation or matter related to this proceeding.

   Federal Communications Commission DA 11-862

   2

   Federal Communications Commission DA 11-862