******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word to ASCII Text format. 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 Word or WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) NAL/Acct No. x32080018 ) File No. EB-00-IH-0129 Robert J. Raide and ) Ref. Facility ID #56996 Radio Corporation ) WKRH(FM), Minetto, NY ORDER Adopted: June 26, 2000 Released: June 28, 2000 By the Chief, Enforcement Bureau: 1. In this Order, we adopt a Consent Decree addressing the apparent noncompliance by Robert J. Raide (``Raide'') and Radio Corporation with Section 310(d) of the Communications Act of 1934, as amended (the ``Act''), 47 U.S.C. § 310(d).1 Under the terms of the Consent Decree, Raide and Radio Corporation agree to make a voluntary contribution to the United States Treasury in the total amount of eight thousand dollars ($8,000). Raide and Radio Corporation further agree, inter alia, that, in accordance with 47 U.S.C. § 310(d), Raide shall operate Station WKRH as licensee until such time as Raide's application to assign the license for Station WKRH (File No. BALH-20000308AAB) is granted and consummated.2 2. The Enforcement Bureau, Raide and Radio Corporation have negotiated the terms of a Consent Decree that would terminate this inquiry. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating this inquiry. 4. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C §§ 154(i) and 154(j), and the authority delegated in Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree is hereby ADOPTED. 5. Raide and Radio Corporation may, collectively or individually, make the voluntary contribution referenced in the Consent Decree to the United States Treasury by credit card through the Commission's Credit and Debt Management Center at (202) 418-1995 or by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture Collection Section, P.O. Box 73482, Chicago, Illinois 60673-7482. The payment should note the NAL/Acct. No. referenced above. 6. IT IS FURTHER ORDERED that the investigation in this proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail, Return Receipt Requested to counsel for Raide and Radio Corporation, James L. Oyster, Esquire, 108 Oyster Lane, Castleton, Virginia 22716-2839. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 See also 47 C.F.R. § 73.3540. 2 The initial proposed assignee was Radio Corporation. By amendment filed March 31, 2000, Galaxy Communications, L.P. (``Galaxy''), was substituted as the proposed assignee. Raide holds a voting and equity interest in Galaxy's general partner and is an officer and director of that entity.