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Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the Matter of )
)
CONSOLIDATED EDISON COMPANY OF ) Acct. No. X32080027
NEW YORK, INC. ) File No. EB-00-IH-0076/GS
)
Licensee of 93 Land Mobile )
Radio and 50 Microwave )
Authorizations in the New York )
City Metropolitan Area
MEMORANDUM OPINION AND ORDER
Adopted: August 22, 2000 Released: August 23,
2000
By the Chief, Enforcement Bureau:
1. By this Memorandum Opinion and Order we adopt the attached
Consent Decree in which Consolidated Edison Company of New York,
Inc. (``Con Edison'') agrees to implement an internal compliance
program and to make a voluntary contribution to the United States
Treasury. We find, for the reasons discussed below, that the
Consent Decree provides for a just and reasonable resolution of
the Bureau's investigation into Con Edison's compliance with
Section 310(d) of the Communications Act of 1934, as amended,1
and conclude that adoption of the Consent Decree is in the public
interest.
2. Con Edison is engaged in producing, transmitting, and
distributing electricity, natural gas, and steam to customers in
New York City and Westchester County (New York). In connection
with these activities, Con Edison is the licensee of 93 land
mobile radio authorizations and 50 microwave authorizations. Con
Edison uses these authorizations for a communications system to
safely and efficiently coordinate the control, monitoring, and
repair of its generation, transmission, and distribution
facilities, including communications with work crews responding
to service requests, power outages, and related troubles.
3. On January 1, 1998, Con Edison carried out a corporate
restructuring which resulted in the pro forma transfer of control
of Con Edison's land mobile and microwave stations. Con Edison
was required to obtain Commission consent to the transfer of
control prior to consummating the transaction, pursuant to
Section 310(d) of the Act. It did not obtain Commission consent,
however, until April 1999.
4. The Bureau has reached an agreement with Con Edison that
will resolve this investigation. The terms and conditions of the
agreement are contained in the attached executed Consent Decree.
Among other things, the Consent Decree contemplates that Con
Edison will implement a program to ensure its future compliance
with the Act and the Commission's rules and policies. In
addition, the Consent Decree contemplates that Con Edison will
make a voluntary contribution to the United States Treasury in
the amount of $5,000.00.2
5. We have reviewed the Consent Decree and evaluated the
circumstances underlying the investigation. We believe that the
public interest would be served by adopting the Consent Decree
and terminating the investigatory proceeding.
6. ACCORDINGLY, IT IS ORDERED that, pursuant to delegated
authority, the Consent Decree attached hereto IS ADOPTED.
7. IT IS FURTHER ORDERED, that the above-captioned
investigatory proceeding IS TERMINATED.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 U.S.C. § 310(d).
2 Payment may be made 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, Finance Branch, Federal Communications Commission, P.O.
Box 73482, Chicago, Illinois 60673-7482. The payment should note
the Acct. No. referenced above.