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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                             )                               
                                                                             
                                             )                               
                                                                             
     In the Matter of                        )   File No. EB-05-IH-1022      
                                                                             
     CAPSTAR TX LLC                          )   NAL/Acct. No. 201232080019  
                                                                             
     Licensee of FM Translator Station       )   FRN No. 0019362953          
     W300BQ, Vero Beach, Florida                                             
                                             )   Facility ID No. 139428      
                                                                             
                                             )                               
                                                                             
                                             )                               


                                     ORDER

   Adopted: April 19, 2012 Released: April 20, 2012

   By the Chief, Enforcement Bureau:

    1. In this Order, we adopt the attached Consent Decree entered into
       between the Enforcement Bureau (Bureau) and Capstar TX, LLC
       (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 (Act), and
       Sections 73.503(d) and 73.3540 of the Commission's rules (Rules), in
       connection with the broadcast of underwriting announcements concerning
       financial support over FM Translator Station W300BQ, Vero Beach,
       Florida, and the transfer of control of the same 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 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, 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 both First Class mail and Certified Mail, Return
       Receipt Requested, to Licensee's counsel, Marissa G. Repp, Esq., Repp
       Law Firm, 1629 K Street, N.W., Suite 300, Washington, D.C. 20006-1631

   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      
                                                                             
     CAPSTAR TX LLC                          )   NAL/Acct. No. 201232080019  
                                                                             
     Licensee of FM Translator Station       )   FRN No. 0019362953          
     W300BQ, Vero Beach, Florida                                             
                                             )   Facility ID No. 139428      
                                                                             
                                             )                               
                                                                             
                                             )                               


                                 CONSENT DECREE

   1. The Enforcement Bureau (Bureau) and Capstar TX LLC (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 (Act), and Sections 73.503(d) and 73.3540 of the Commission's
   rules (Rules), in connection with the transfer of control of FM Translator
   Station W300BQ, Vero Beach, Florida (Station W300BQ or Station), and the
   broadcast of underwriting announcements concerning financial support over
   Station W300BQ.

   I. DEFINITIONS

    2. For the purposes of this Consent Decree, the following definitions
       shall apply:

    a. "Ace of Hearts Disc Jockey Service, Inc." and "Ace of Hearts" mean the
       licensee of FM translator station W298AL, Wabasso, Florida (Facility
       ID No. 156914).

    b. "Act" means the Communications Act of 1934, as amended, 47 U.S.C.
       S: 151 et seq.

    c. "Adopting Order" means an Order of the Bureau adopting the terms of
       this Consent Decree without change, addition, deletion, or
       modification.

    d. "Brevard Youth Education Broadcasting Corporation" and "Brevard Youth"
       mean the licensee of low power FM station WGRV-LP, Melbourne, Florida
       (Facility ID No. 135636).

    e. "Bureau" means the Enforcement Bureau of the Federal Communications
       Commission.

    f. "Commission" and "FCC" mean the Federal Communications Commission and
       all of its bureaus and offices.

    g. "Capstar TX LLC" and "Capstar" mean the licensee of FM translator
       station W300BQ, Vero Beach, Florida (Facility ID No. 139428).

    h. "Compliance Plan" means the compliance obligations, program, and
       procedures described in this Consent Decree at Paragraph 9.

    i. "Compliance Officer" means the individual designated in Paragraph 9.a.
       of this Consent Decree as the person responsible for administration of
       the Compliance Plan.

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

    k. "Investigation" means the investigation commenced by the Bureau's June
       23, 2010, Letter of Inquiry regarding whether the Licensee violated
       the Underwriting Laws in connection with its operation of Station
       W300BQ on October 27, 2009, October 29, 2009, and February 24, 2010;
       and whether the Licensee violated the Unauthorized Transfer of Control
       Laws by transferring control of the Station without obtaining prior
       consent of the FCC.

    l. "Licensee" means Capstar TX LLC as licensee of the Station.

    m. "Market" means the radio stations licensed to the Licensee or its
       commonly-controlled affiliates licensed to locations within, or listed
       as home to, the Ft. Pierce-Stuart-Vero Beach, Florida Metro as defined
       by BIA/Kelsey.

    n. "Parties" means the Licensee and the Bureau, and each of which is a
       "Party."

    o. "Randy Bennett" means, inter alia, the Registered Agent of Brevard
       Youth Education Broadcasting Corporation and President of Ace of
       Hearts Disc Jockey Services.

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

    q. "Station" means FM Translator Station W300BQ, Vero Beach, Florida
       (Facility ID No. 139428).

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

    s. "Underwriting Laws" means 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 broadcast license without prior
       Commission authorization. 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.

   4. 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 July 29, 2010. In its
   Response, Capstar admits that it failed to exercise the requisite control
   as a permittee and licensee of Station W300BQ. The Licensee further admits
   that since early 2008, Mr. Randy Bennett and/or Brevard Youth Education
   Broadcasting Corporation (Brevard) constructed, operated, and controlled
   the Station without proper documentation of an interim relationship
   between the parties, and without Commission authorization, until February
   26, 2010. In its Response, the Licensee neither admits nor denies
   violating the Underwriting Laws; however, the evidence in this case also
   establishes that violations of the Underwriting Laws occurred on October
   27, 2009, October 29, 2009, and February 24, 2010.

   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. The Licensee agrees that the Bureau has jurisdiction
       over it and the matters contained in this Consent Decree and that the
       Bureau 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 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.

    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 with respect to the Licensee. 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 concerning
       the matters that were the subject of the Investigation. The Bureau
       also agrees that it will not, in the absence of new material evidence,
       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 with respect to
       the Licensee's basic qualifications, including its character
       qualifications, to be a Commission licensee.

    9. 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 or in-house
       counsel, shall consult with and be assisted by outside FCC regulatory
       counsel.

    b. Counsel Consultation. If the Compliance Officer is not an FCC
       regulatory counsel or in-house counsel, the Licensee shall consult
       with outside FCC regulatory counsel regarding the Licensee's overall
       compliance with the Unauthorized Transfer of Control Laws for the
       Station, and if the primary station being rebroadcast by the Station
       is required to operate on a noncommercial basis, the Licensee shall
       consult with outside FCC regulatory counsel regarding the Licensee's
       overall compliance with the Underwriting Laws as well. Such
       consultations shall occur at a minimum on an annual basis, if not more
       frequently.

    c. Review Procedure. If the primary station being rebroadcast by the
       Station is required to operate on a noncommercial basis, then the
       Licensee shall utilize a review procedure for any underwriting content
       to be aired on the Station. In such event, all scripts of
       announcements shall be reviewed by the Compliance Officer or an
       employee of Licensee directly supervised by the Compliance Officer,
       prior to broadcast, for compliance with the Underwriting Laws.

    d. Compliance Manual. Licensee shall prepare and distribute within thirty
       (30) days of the Effective Date a compliance manual regarding the
       Unauthorized Transfer of Control Laws and Underwriting Laws to any
       employee of the Market involved in the broadcast of programming. The
       Compliance Manual shall explain the Unauthorized Transfer of Control
       Laws and Underwriting Laws that employees shall follow to help ensure
       the Licensee's compliance with these laws. The Licensee shall
       periodically review and revise the Compliance Manual as necessary to
       ensure the information set forth therein remains current and complete.
       The Licensee shall distribute any revisions to the Compliance Manual
       promptly to all covered employees.

    e. Training. If the primary station being rebroadcast by the Station is
       required to operate on a noncommercial basis, then within thirty (30)
       days of such noncommercial operation, the Licensee shall train any
       employee of the Market with programming, advertising, or underwriting
       responsibilities for the Station on acceptable underwriting content
       that complies with the Underwriting Laws. If the primary station being
       rebroadcast by the Station is required to operate on a noncommercial
       basis, within thirty (30) days of being hired by the Licensee, any new
       Licensee employee of the Market with programming, advertising, or
       underwriting responsibilities for the Station shall be trained as to
       what constitutes acceptable underwriting content that complies with
       the Underwriting Laws. In addition, if the primary station being
       rebroadcast by the Station is required to operate on a noncommercial
       basis, the Licensee's employees with programming, advertising, or
       underwriting responsibilities for the Station shall receive refresher
       training, on an annual basis, regarding existing guidelines and, where
       applicable, pertinent changes to the Underwriting Laws.

    f. Education Program. If the primary station being rebroadcast by the
       Station is required to operate on a noncommercial basis, 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 over the
       Station. To that end, if the primary station being rebroadcast by the
       Station is required to operate on a noncommercial basis, the Licensee
       shall 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. If the primary station being
       rebroadcast by the Station is required to operate on a noncommercial
       basis, the Licensee shall not broadcast over the Station any
       announcement that does not comply with the Underwriting Laws.

    g. Employment; Control. The Licensee shall not allow Randy Bennett,
       Brevard Youth, Ace of Hearts, or any other entity in which, to
       Licensee's actual knowledge, Randy Bennett is an owner, officer,
       director, agent, or employee, to work for, contract for, or consult
       for the Licensee of the Station. So long as the Licensee is not
       publicly-traded, and excluding limited partnership interests in
       investors in the Licensee's parent entities, provided that such
       interest does not result in de jure or de facto control, the Licensee
       shall not allow Randy Bennett, Brevard Youth, Ace of Hearts, or any
       other entity in which, to Licensee's actual knowledge, Randy Bennett
       is an owner, officer, director, agent, or employee, to hold any
       ownership interest (outright or beneficial, through any mechanism,
       including de facto control) in the Licensee or the Station.

    h. Assignment. The Licensee shall not voluntarily assign the
       authorization of the Station to Randy Bennett, Brevard Youth, Ace of
       Hearts, or to any entity in which Randy Bennett holds a reported
       ownership or attributable 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 non-pro forma assignment of the Station made in
       compliance with the terms of the Agreement, whichever is earlier.

   10. Cooperation. The Licensee agrees to make its officers and employees
       available to cooperate with the Commission and the Bureau so as to
       provide written statements and/or serve as witnesses 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). Any such cooperation provided shall be limited to the
       facts and circumstances within the knowledge of such officer or
       employee as it pertains to matters subject to this investigation. This
       commitment shall extend throughout the duration of such proceedings
       regardless of whether the Licensee is still the licensee of the
       Station. Notwithstanding this provision, the Commission, Bureau, and
       officers and employees of the Licensee reserve any and all legal
       rights that they would otherwise have.

   11. 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 9.i. of the Compliance
       Plan. This compliance reporting requirement will expire three (3)
       years after the Effective Date or upon the Licensee's non-pro forma
       assignment of the Station, whichever is earlier. Each compliance
       report shall include a compliance certificate from the Compliance
       Officer, as defined in Paragraph 9.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 in the Market intended to ensure compliance with the terms
       and conditions of this Consent Decree, the Unauthorized Transfer of
       Control Laws, and, if applicable, the Underwriting 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 in the Market with this
       Consent Decree, the Unauthorized Transfer of Control Laws, and the
       Underwriting Laws. 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 in the Market with this Consent Decree, the
       Unauthorized Transfer of Control Laws, and, if applicable, the
       Underwriting 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
       Jeffrey Gee at Jeffrey.Gee@fcc.gov, Kenneth M. Scheibel, Jr. at
       Kenneth.Scheibel@fcc.gov, and to Jennifer Lewis Hershman at
       Jennifer.Lewis@fcc.gov.

   12. Voluntary Contribution. The Licensee agrees that it will make a
       voluntary contribution to the United States Treasury in the amount of
       eleven thousand five hundred dollars ($11,500). The payment will be
       made within thirty (30) calendar days after 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 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, Jeffrey.Gee@fcc.gov,
       Kenneth.Scheibel@fcc.gov, and Jennifer.Lewis@fcc.gov.

   13. 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.

   14. 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.

   15. 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.

   16. 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 8 herein, that its actions with respect to the ownership
       and control of the Station and the broadcast of underwriting
       announcements referenced in this Consent Decree violated the
       Commission's regulations and requirements in force at the time of such
       actions.

   17. 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.

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

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

   20. 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.

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

   22. 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

   ________________________________

   Christopher M. Cain

   Vice President, Associate General Counsel

   Capstar TX LLC

   ________________________________

   Date

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

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

   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.

   See Letter from Kenneth M. Scheibel, Jr., Assistant Division Chief,
   Investigations and Hearings Division, Enforcement Bureau, Federal
   Communications Commission, to Capstar TX LLC, 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 supra note 9.

   See Letter from Marissa G. Repp, Counsel to Capstar TX LLC, to Marlene H.
   Dortch, Secretary, Federal Communications Commission, filed July 29, 2010
   (Response).

   See id. at 2.

   See id. Capstar notes that Randy Bennett did not request that Station
   W300BQ stop retransmitting the signal of WGRV-LP, but that Capstar
   unilaterally decided on February 26, 2010, to terminate the operations of
   the Station after the Commission's Field Office Agents raised corporate
   policy and regulatory compliance questions.

   See id. at 1.

   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), recons.
   denied, 50 RR 2d 1346 (1982).

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

   The Consent Decree between the Bureau and Capstar and each of the terms
   thereof applies only to Capstar as a corporate entity. The Consent Decree
   therefore 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,
   and shall not prejudice 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.

   Federal Communications Commission DA 12-568

   2

   Federal Communications Commission DA 12-568