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Released: May 25, 2011
__________________________Federal Communications Commission

DA 11-951

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of



Licensee of FM Translator Stations W237CI,
Facility ID Nos. 139223, 139053,
Miami Beach, Florida, W237DK, Leisure City,
139054, 139051 and 141053
Florida, W258BQ, Homestead, Florida,
DW224BW, Key Largo, Florida and W296BP,
Coral Gables, Florida


Adopted: May 24, 2011

Released: May 25, 2011

By the Chief, Media Bureau:
In this Order, we adopt and incorporate by reference the attached Consent Decree entered
into by the Media Bureau and Broadcast Towers, Inc. ("BTI"), licensee of the above-captioned FM
translator stations ("Translators"). The Consent Decree resolves issues arising from the Bureau's
investigation into potential violations of the Communications Act of 1934, as amended, ("Act") and the
Commission's Rules ("Rules") by BTI in the course of its migration of the Translators from the Florida
Keys to the Miami, Florida area.
The Consent Decree provides, among other things, that BTI shall cease broadcast
operations in the State of Florida. Specifically, BTI consents to the cancellation of the Commission
authorizations for the Translators, and the dismissal of all pending applications related to the Translators.
In addition, BTI agrees to the dismissal of all applications filed by it, which are related to broadcast
stations, other than the Translators, and which propose communities of license located in the State of
Florida. Finally, BTI commits to divest itself of W285EH, Key West, Florida (Facility ID No. 139134),
by December 31, 2011, and consents to cancellation of the Commission authorization for W285EH and
dismissal of all pending applications related to W285EH if such divestiture has not occurred by this date.
BTI and its sole proprietor, William R. Lacy ("Lacy"), also make certain commitments
related to compliance with the Act and the Rules. Specifically, they commit to ensure that any transmitter
site specified in any application to which either BTI or Lacy is a party is available for continuous use and
commit to obtain reasonable assurance for the proposed use of any transmitter site specified in any
application to which either is a party. In addition, BTI and Lacy pledge to provide "dependable service"
on any FM translator station licensed to them or to any entity in which they hold an attributable interest
and pledge not to discontinue operation except for reasons beyond their control. BTI and Lacy further
commit to file only major change applications, rather than a series of minor change applications, to
accomplish any major change in facilities of any FM translator station permitted or licensed to them or to
any entity in which they hold an attributable interest, as contemplated by Section 74.1233(a) of the
Rules.1 Finally, BTI represents that all FM translators for which it holds an FCC authorization are in

1 47 C.F.R. 74.1233(a).

__________________________Federal Communications Commission

DA 11-951

compliance with Section 74.1265(b) of the Rules and pledges that it will ensure compliance with Section
74.1265(b) on a going forward basis.2
After reviewing the terms of the Consent Decree, we believe that the public interest will
by served by its adoption. We also conclude that the matters raised in our investigation do not raise any
substantial or material questions of fact regarding BTI's qualifications to remain a Commission licensee.
ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) and (j) of the Act,3 and
Sections 0.61 and 0.283 of the Rules,4 that the Consent Decree attached hereto IS ADOPTED.
IT IS FURTHER ORDERED that a copy of this Order shall be sent, by first class mail
and certified mail, return receipt requested, to Broadcast Towers, Inc., 6910 N.W. 2nd Terrace, Boca
Raton, Florida 33487.
William T. Lake
Chief, Media Bureau

2 47 C.F.R. 74.1265(b).
3 47 U.S.C. 4(i) and (j).
4 47 C.F.R. 0.61, 0.283.

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