body> Click here for Microsoft Word Version
******************************************************** 
                      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.

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



                       CONSENT DECREE

     1.  The Enforcement Bureau of the Federal 
Communications Commission (the ``Commission'') and Robert J. 
Raide (``Raide'') and Radio Corporation hereby enter into 
this Consent Decree for the purpose of terminating a 
proceeding arising from questions as to Raide's and Radio 
Corporation's control of Station WKRH(FM), Minetto, New 
York. 

                         Background

     2.  On November 5, 1996, Raide filed an application to 
obtain the license to cover construction of Station 
WKRH(FM), Minetto, New York.  The Mass Media Bureau granted 
that application on February 5, 1997.  In December 1996, 
Raide filed an application to assign the station's permit to 
Radio Corporation (in which Raide holds one-third of the 
voting shares).  However, Mellon Bank apparently lost that 
application, and the Commission thus never processed it.  
Nevertheless, Raide and Radio Corporation acted as if the 
Commission granted the application.  In this regard, in 
February 1998, Radio Corporation mistakenly sought and 
received renewal of license for Station WKRH.1  
Notwithstanding the erroneous grant to Radio Corporation, in 
March 2000, Raide resubmitted his application to assign the 
license for Station WKRH, which the Mass Media Bureau 
ultimately granted.2  However, on May 5, 2000, Raide and 
Radio Corporation submitted to the Mass Media Bureau a 
statement titled ``Disclosure Concerning WKRH(FM)'' 
(``Disclosure'').  Therein, they informed the Mass Media 
Bureau that Radio Corporation had controlled the station 
from early 1997 until March 2000 under the mistaken belief 
that it was the licensee.  Consequently, the Mass Media 
Bureau rescinded the assignment grant.  The application to 
assign the WKRH license is pending. 

                         Definitions

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

     (a)  The ``Commission'' means the Federal 
        Communications Commission.
     (b)  The ``Bureau'' means the Enforcement Bureau of the 
        Commission.
     (c)  Raide includes his immediate successors and 
        assigns.
     (d)  Radio Corporation includes its immediate 
        successors and assigns.
     (e)  ``Order'' means the Bureau's order adopting this 
        Consent Decree.
     (f)  The ``Act'' means the Communications Act of 1934, 
        as amended, 47 U.S.C. §§ 151 et seq.

                          Agreement

     4.  Raide and Radio Corporation acknowledge and agree 
that the Commission has jurisdiction over the matters 
referenced in this Consent Decree and that the Bureau has 
the authority to enter into and adopt this Consent Decree.  

     5.  Raide, Radio Corporation and the Bureau acknowledge 
and agree that this Consent Decree does not constitute 
either an adjudication on the merits or a factual or legal 
finding or determination, regarding any violation of Section 
310(d) of the Act, 47 U.S.C. § 310(d), that may have been 
committed with respect to Radio Corporation's involvement in 
the operation of Station WKRH(FM), Minetto, New York, 
between February 1998 and March 2000.  Raide, Radio 
Corporation and the Bureau acknowledge and agree that this 
Consent Decree is for settlement purposes only and that by 
agreeing to this Consent Decree, Raide and Radio Corporation 
do not admit any violation.  

     6.  Raide, Radio Corporation and the Bureau acknowledge 
and agree that this Consent Decree shall constitute a final 
settlement between them. 
     
     7.  In express reliance on the covenants and 
representations contained herein, the Bureau shall not 
initiate a forfeiture proceeding relative to the matters 
noted in the Order adopting this Consent Decree.   

     8.  Raide and Radio Corporation acknowledge and agree 
that, in accordance with their May 2000 disclosure to the 
Commission, Raide always has been the licensee of Station 
WKRH.  Raide and Radio Corporation further acknowledge and 
agree that, to the extent the Commission's records ever 
reflected that Radio Corporation was the licensee of Station 
WKRH, such was erroneous and of no legal consequence.  In 
this regard, Raide and Radio Corporation acknowledge and 
agree that the Commission's records now correctly reflect 
that Raide is the licensee of Station WKRH. 

     9.  Raide and Radio Corporation promise to comply with 
the requirements of Section 310(d) of the Act with respect 
to the operation of Station WKRH.  In this regard, Raide 
will continue to fulfill his obligations as licensee of WKRH 
until such time as the application to assign that station's 
license from Raide to Galaxy (File No. BALH-20000308AAB) is 
granted by the Commission and consummated by the parties to 
that application.
     
     10.  Raide and Radio Corporation, either individually 
or collectively, shall make a voluntary contribution to the 
United States Treasury in the total amount of eight thousand 
dollars ($8,000).  The contribution is to be made within 
five (5) days after the Order adopting this Consent Decree 
is no longer subject to reconsideration, appeal or review in 
accordance with the Act and the Commission's rules.  

     11.  Raide and Radio Corporation waive any and all 
rights they 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 Order 
adopts the Consent Decree without modification.  

     12.  The effectiveness of this Consent Decree is 
expressly contingent upon issuance of the Order, provided 
the Order adopts the Consent Decree without modification.  

     13.  In the event any court of competent jurisdiction 
renders this Consent Decree invalid, the Consent Decree 
shall become null and void and may not be used in any manner 
in any legal proceeding.

     14.  If the Commission, or the United States on behalf 
of the Commission, brings a judicial action to enforce the 
terms of the Order adopting this Consent Decree, neither 
Raide, Radio Corporation, nor the Commission will contest 
the validity of the Consent Decree or Order, and Raide and 
Radio Corporation will waive any statutory right to a trial 
de novo.  

     15.  Raide and Radio Corporation agree to waive any 
claims they may otherwise have under the Equal Access to 
Justice Act, 5 U.S.C. § 504 and 47 C.F.R. §§ 1.1501 et seq.

     16. Any violation of the Consent Decree or the Order 
adopting this Consent Decree will constitute a separate 
violation of a Commission order, entitling the Commission to 
exercise any rights and remedies attendant to the 
enforcement of a Commission order.

     17.  Any provision of this Consent Decree affected by 
or inconsistent with any subsequent rule or order adopted by 
the Commission will be superseded by such Commission rule or 
order. 

     18.  This Consent Decree may be signed in counterparts.
      
FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU



By:  __________________________         ____________
     Jane E. Mago                       Date
     Deputy Chief, Enforcement Bureau






By:  _________________________               ____________
     Robert J. Raide                         Date
     



RADIO CORPORATION



By:  ________________________           ____________
     Edward F. Levine                   Date
     President
_________________________

1  See File No. BRH-19980202I3, granted May 20, 1998.
 
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.