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Enforcement Bureau Enters into Consent Decree with Rio Tinto and Alcan

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Released: December 14, 2011

Federal Communications Commission

DA 11-2004

Before the

Federal Communications Commission

Washington, D.C. 20554

)
In the Matter of
)
)

RIO TINTO AMERICA INC.

)
File No. EB-09-IH-1665
)
and
)
Acct. No. 201232080009
)

ALCAN CORPORATION

)
FRN No. 0019120237
)
Parent Companies of Various Subsidiary
)
FRN No. 0019227933
Companies Holding Various Authorizations in
)
the Wireless Radio Services
)
)

ORDER

Adopted: December 14, 2011

Released: December 14, 2011

By the Chief, Enforcement Bureau:
1.
In this Order, we adopt the attached Consent Decree entered into between the
Enforcement Bureau (“Bureau”), Rio Tinto America Inc. (“Rio Tinto”), and Alcan Corporation
(“Alcan”). The Consent Decree terminates an investigation by the Bureau into possible violations by Rio
Tinto and Alcan of Section 310(d) of the Communications Act of 1934, as amended (the “Act”),1 and
Section 1.948 of the Commission’s rules (“Rules”),2 relating to the requirement that Commission
approval be obtained prior to assignment or transfer of control of wireless radio station licenses; and
Section 301 of the Act,3 and Sections 1.903 and 1.949(a) of the Rules,4 relating to the authorized
operation of stations and equipment in the wireless radio services, and the timely filing of renewal
applications.
2.
The Bureau, Rio Tinto, and Alcan have negotiated the terms of a Consent Decree that
resolves 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 Rio Tinto and Alcan possess


1 47 U.S.C. § 310(d).
2 47 C.F.R. § 1.948.
3 47 U.S.C. § 301.
4 47 C.F.R. §§ 1.903, 1.949(a).

Federal Communications Commission

DA 11-2004

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,5 and sections
0.111 and 0.311 of the Rules,6 the Consent Decree attached to this Order

IS ADOPTED

.
6.

IT IS FURTHER ORDERED

that the above-captioned investigation

IS

TERMINATED

.
7.

IT IS FURTHER ORDERED

that a copy of this Order and Consent Decree shall be
sent by first class mail and certified mail, return receipt requested, to counsel for Rio Tinto and Alcan,
Catherine C. Butcher, Esq., Butcher Feigen, LLC, 9116 Cranford Drive, Potomac, MD 20854.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau


5 47 U.S.C. § 154(i).
6 47 C.F.R. §§ 0.111, 0.311.
2

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