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Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the Matter of )
)
WISCONSIN ENERGY CORPORATION ) Acct. No. 200132080013
) File No. EB-00-IH-0127, GS
Licensee of Various )
Authorizations in Wisconsin and )
Michigan )
)
MEMORANDUM OPINION AND ORDER
Adopted: December 28, 2000 Released: December 29,
2000
By the Chief, Enforcement Bureau:
1. By this Memorandum Opinion and Order we adopt the attached
Consent Decree in which Wisconsin Energy Corporation (``WEC'')
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 WEC's compliance with Sections 301 and 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. WEC is a Milwaukee-based holding company with subsidiaries
in utility and non-utility businesses. The company serves more
than one million electric and 921,000 natural gas customers in
Wisconsin and Michigan's Upper Peninsula through its utility
subsidiaries -- Wisconsin Electric Power Company, Wisconsin Gas
Company, and Edison Sault Electric Company. In connection with
its public utility activities, WEC maintains vital communications
systems utilizing licenses issued by the Commission. Its non-
utility subsidiaries include energy services and development,
pump manufacturing, waste-to-energy and real estate businesses.
3. In March 2000, WEC's counsel informed the Enforcement
Bureau's Investigations & Hearings Division that the company had
discovered a number of instances in which it acquired control of
radio facilities through a succession of mergers and corporate
reorganizations without prior Commission consent. Section 310(d)
of the Act requires Commission consent prior to assigning or
transferring control of a station license. In addition WEC
revealed several instances in which it had operated radio
facilities without proper authorizations, contrary to Section 301
of the Act.
4. The Bureau has reached an agreement with WEC 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 WEC 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 WEC will make a voluntary
contribution to the United States Treasury in the amount of
$25,000.00.2
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. §§ 301 and 310(d).
2 Payment may be made 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.