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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                             
                                                                       
     In the Matter of                    )   EB-10-IH-2083             
                                                                       
     Peconic Public Broadcasting         )   FRN: 0003511110           
                                                                       
     Proposed Assignee for               )   Account No. 201132080015
                                                                       
     Station WLIU(FM), Southampton, NY   )   Facility ID No. 38340     
                                                                       
                                         )                             



                                     ORDER

   Adopted: October 1, 2010 Released: October 1, 2010

   By the Chief, Enforcement Bureau:

    1. In this Order, we adopt the attached Consent Decree entered into by
       the Enforcement Bureau ("Bureau") and Peconic Public Broadcasting
       ("Peconic"), proposed assignee of Station WLIU(FM), Southampton, New
       York. The Consent Decree terminates the Bureau's investigation into
       whether Peconic and Long Island University Public Radio Network,
       licensee of Station WLIU(FM) ("Licensee"), violated Section 310 of the
       Communications Act of 1934, as amended, and Section 73.3540 of the
       Commission's Rules, by engaging in conduct that exceeded the scope of
       a management agreement between Peconic and the Licensee, thereby
       effectuating a possible de facto unauthorized transfer of control.

    2. The Bureau and Peconic have negotiated the terms of the 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 Peconic possesses 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
       Communications Act of 1934, as amended, and Sections 0.111 and 0.311
       of the Commission's Rules, 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 the third-party complaint pending before
       the Enforcement Bureau against Peconic related to the above-captioned
       investigation as of the date of this Consent Decree IS DISMISSED.

   8. IT IS FURTHER ORDERED that a copy of this Order and the Consent Decree
   shall be sent by first-class, certified mail, return receipt requested to
   Peconic Public Broadcasting, c/o Ernest T. Sanchez, Esq., The Sanchez Law
   Firm, P.C., 2300 M Street N.W., Suite 800, Washington, D.C. 20037.

   FEDERAL COMMUNICATIONS COMMISSION

   P. Michele Ellison

   Chief, Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                           
                                                                     
                                         )                           
     In the Matter of                        File No. EB-10-IH-2083  
                                         )                           
     Peconic Public Broadcasting             FRN: 0003511110         
                                         )                           
     Proposed Assignee for                   Acct. No. 201032080038  
                                         )                           
     Station WLIU(FM), Southampton, NY       Facility ID No. 38340   
                                         )                           
                                                                     
                                         )                           


                                 CONSENT DECREE

    1. The Enforcement Bureau ("Bureau") and Peconic Public Broadcasting
       ("Peconic"), by their authorized representatives, hereby enter into
       this Consent Decree for the purpose of terminating the Bureau's
       investigation into whether Peconic violated Section 310(d) of the
       Communications Act of 1934, as amended, and Section 73.3540 of the
       Commission's rules.

   I. DEFINITIONS

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

    a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C.
       S: 151 et seq.

    b. "Adopting Order" means an Order of the Commission adopting the terms
       of this Consent Decree without change, addition, deletion, or
       modification.

    c. "Agreement" means the management agreement entered into between Long
       Island University Public Radio Network and Peconic Public Broadcasting
       on December 1, 2009.

    d. "Bureau" means the Enforcement Bureau of the Federal Communications
       Commission.

    e. "Commission" and "FCC" mean the Federal Communications Commission and
       all of its bureaus and offices.

    f. "Complaint" means the third-party complaint received by the Commission
       on February 20, 2010, alleging that Long Island University Public
       Radio Network and Peconic Public Broadcasting engaged in an
       unauthorized transfer of control.

    g. "Compliance Plan" means the program described in this Consent Decree
       at paragraph 9.

    h. "Effective Date" means the date on which the Bureau releases the
       Adopting Order.

    i. "Investigation" means the Bureau's investigation of the Complaint
       alleging, among other things, that Long Island University Public Radio
       Network and Peconic violated Section 310 of the Act and Section
       73.3540 of the Rules. 

    j. "Investigations and Hearings Division" means the Investigations and
       Hearings Division, Enforcement Bureau, Federal Communications
       Commission, acting on behalf of the Enforcement Bureau.

    k. "Licensee" or "LIU" mean Long Island University Public Radio Network,
       licensee of noncommercial educational Station WLIU(FM).

    l. "Parties" means Peconic Public Broadcasting and the Bureau.

    m. "Peconic" means Peconic Public Broadcasting.

    n. "Rules" means the Commission's regulations found in Title 47 of the
       Code Federal Regulations.

    o. "Station" means noncommercial educational Station WLIU(FM),
       Southampton, New York (Facility ID No. 38340).

   II. BACKGROUND

    3. Section 310(d) of the Act and Section 73.3540 of the Rules prohibit
       the transfer of control of a broadcast station without prior
       Commission consent. A licensee may, however, delegate day-to-day
       functions to an agent pursuant to a time brokerage agreement or to a
       local marketing or management agreement without engaging in an
       unauthorized transfer of control. Such delegation must be limited,
       however, to ensure that the licensee retains ultimate control of basic
       station policies. The touchstone of control "is not divining who
       executes the station's programming, personnel and finance
       responsibilities," but rather who establishes policies governing these
       three areas and exercises ultimate control. To ensure the appropriate
       level of control, licensees engaged in a time broker or in a local
       marketing or management agreement "should be ready and able to operate
       independently from the broker at anytime it believes the arrangement
       does not fulfill its public interest responsibilities."

    4. The Bureau received a Complaint alleging that Peconic (a
       not-for-profit corporation established for the purpose of acquiring
       WLIU(FM), and which had entered into an Agreement with LIU) had
       assumed control of the Station without first obtaining Commission
       approval. The Bureau began an investigation and issued letters of
       inquiry to Peconic and LIU. Peconic and LIU timely responded to the
       respective LOIs, each denying that it had engaged in an unauthorized
       transfer of control. The Bureau and Peconic acknowledge that any
       proceedings that might result from the Investigation and/or the
       Complaint would be time-consuming and require substantial expenditure
       of public and private resources. In order to conserve such resources
       and to ensure continued compliance by Peconic with the Act and the
       Commission's Rules, the Bureau and Peconic are entering into this
       Consent Decree in consideration of the mutual commitments made herein.
       The terms of the Consent Decree reflect consideration of Peconic's
       current financial condition and of the short duration of the alleged
       violation, among other factors.

   III. TERMS OF AGREEMENT

    5. Adopting Order. The Parties agree that the provisions of this Consent
       Decree shall be subject to final approval by the Bureau by
       incorporation of such provisions by reference in the Adopting Order
       without change, addition, modification, or deletion.

    6. Jurisdiction. Peconic agrees that the Bureau has jurisdiction over it
       and the matters contained in this Consent Decree, and that it has the
       authority to enter into and adopt this Consent Decree.

    7. Effective Date; Violation. The Parties agree that this Consent Decree
       shall become effective on the date on which the FCC releases the
       Adopting Order. Upon release, the Adopting Order and this Consent
       Decree shall have the same force and effect as any other Order of the
       Bureau. Any violation of the Adopting Order or of the terms of this
       Consent Decree shall constitute a separate violation of a Bureau
       Order, entitling the Bureau  to exercise any rights and remedies
       attendant to the enforcement of a Commission Order.

    8. Termination of Investigation. In express reliance on the covenants and
       representations in this Consent Decree and to avoid further
       expenditure of public resources, the Bureau agrees to terminate its
       Investigation and dismiss the Complaint with prejudice. In
       consideration for the termination of said Investigation and dismissal
       of the Complaint, Peconic agrees to the terms, conditions, and
       procedures contained herein. The Bureau further agrees that, in the
       absence of new material evidence, the Bureau will not use the facts
       developed in this Investigation through the Effective Date, or the
       existence of this Consent Decree, to institute, on its own motion, any
       new proceeding, formal or informal, or take any action on its own
       motion against Peconic concerning the matters that were the subject of
       the Investigation. The Bureau also agrees that it will not use the
       facts developed in this Investigation through the Effective Date, or
       the existence of this Consent Decree, to institute on its own motion
       any proceeding, formal or informal, or take any action on its own
       motion against Peconic with respect to its basic qualifications,
       including its character qualifications, to be a Commission licensee or
       to hold Commission authorizations.

    9. Compliance Plan. For purposes of settling the matters set forth
       herein,  Peconic agrees to maintain a Compliance Plan related to its
       future compliance with Section 310(d) of the Act, Section 73.3540 of
       the Commission's Rules, and the Commission's Orders related thereto.
       Such Compliance Plan will include, at a minimum, the following
       components:

    a. The President of Peconic will conduct a compliance examination of
       Peconic's subsidiaries, companies, or affiliates that have negotiated
       local marketing or time brokerage/management agreements. Such
       examination will be conducted, at a minimum, every six months,
       beginning on the Effective Date.

    b. The President of Peconic shall also consult with telecommunications
       counsel regarding Peconic's overall compliance with Section 310(d) of
       the Act and Section 73.3540 of the Commission's rules on an annual
       basis, if not more frequently.

    c. The requirements of the Compliance Plan will expire three years from
       the Effective Date or upon Peconic's complete assignment of all
       Commission licenses, whichever is earlier.

   10. Compliance Reports. Peconic will file compliance reports with the
       Commission 12 months, 24 months, and 36 months following the Effective
       Date. Each compliance report shall include a compliance certificate
       from the President of Peconic, as an agent of and on behalf of
       Peconic, stating that he/she has personal knowledge that Peconic has
       (i) established operating procedures intended to ensure compliance
       with the terms and conditions of this Consent Decree and with Section
       310 of the Act and Section 73.3540 of the Commission's Rules, together
       with an accompanying statement explaining the basis for the compliance
       certification; (ii) has been utilizing those procedures since the
       previous Compliance Report was submitted; and (iii) is not aware of
       any instances of non-compliance. The certifications shall comply with
       Section 1.16 of the Rules and be subscribed to as true under penalty
       of perjury in substantially the form set forth therein. If the
       President of Peconic cannot provide the requisite certification,
       he/she, as an agent of and on behalf of Peconic, shall provide the
       Commission with a detailed explanation of: (i) any instances of
       non-compliance with this Consent Decree and the Rules,  and (ii) the
       steps that Peconic has taken or will take to remedy each instance of
       non-compliance and ensure future compliance, and the schedule on which
       proposed remedial actions will be taken. All compliance reports shall
       be submitted to the Chief, Investigations and Hearings Division,
       Enforcement Bureau, Federal Communications Commission, 445 12th
       Street, S.W., Room 4-C330, Washington, D.C. 20554, with a copy
       submitted electronically to Kenneth Scheibel at
       Kenneth.Scheibel@fcc.gov and to Dana Leavitt at Dana.Leavitt@fcc.gov.

   11. Termination Date. Unless stated otherwise, the requirements of the
       Compliance Plan will expire three (3) years after the Effective Date.

   12. Voluntary Contribution. Peconic agrees that it will make a voluntary
       contribution to the United States Treasury in the amount of $5,000.
       The contribution will be paid in ten monthly installments of $500,
       payable as follows: $500 within 30 calendar days of the Effective Date
       and the remaining $500 payments on or before the twentieth day of each
       succeeding month. All payments must include the Account and Facility
       Identification Number and the FRN Number referenced in the caption of
       the Adopting Order. Payments by check or money order may be mailed to
       Federal Communications Commission, P.O. Box 979088, St. Louis, MO
       63197-9000. Payments by overnight mail may be sent to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101. Payments by wire transfer may be made to ABA Number
       021030004, receiving bank TREAS/NYC, and account number 27000001. For
       payments by credit card, an FCC Form 159 (Remittance Advice) must be
       submitted.  When completing the FCC Form 159, enter the Account Number
       in block number 23A (call sign/other ID), and enter the letters "FORF"
       in block number 24A (payment type code). Peconic will also send an
       electronic notification on the date each payment is made to: Hillary
       S. DeNigro (Hillary.Denigro@fcc.gov), Ben Bartolome
       (Ben.Bartolome@fcc.gov), Kenneth M. Scheibel, Jr.
       (Kenneth.Scheibel@fcc.gov), and Dana E. Leavitt
       (Dana.Leavitt@fcc.gov).

   13. Waivers. Peconic waives any and all respective rights it 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 Commission issues an Order adopting the Consent Decree without
       change, addition, modification, or deletion. Peconic shall retain the
       right to challenge Commission interpretation of the Consent Decree or
       any terms contained herein. If any Party (or the United States on
       behalf of the Commission) brings a judicial action to enforce the
       terms of the Adopting Order, neither Peconic nor the Commission shall
       contest the validity of the Consent Decree or the Adopting Order, and
       Peconic shall waive any statutory right to a trial de novo. Peconic
       hereby agrees to waive any claims it may otherwise have under the
       Equal Access to Justice Act, 5 U.S.C. S: 504 and 47 C.F.R. S: 1.1501
       et seq., relating to the matters addressed in this Consent Decree.

   14. Subsequent Rule or Order. The Parties agree that if any provision of
       the Consent Decree conflicts with any subsequent rule or Order adopted
       by the Commission (except an Order specifically intended to revise the
       terms of this Consent Decree to which Peconic does not expressly
       consent) that provision will be superseded by such Commission rule or
       Order. 

   15. Successors and Assigns. Peconic agrees that the provisions of this
       Consent Decree shall be binding on its successors, assigns, and
       transferees.

   16. Final Settlement. The Parties agree and acknowledge that this Consent
       Decree shall constitute a final settlement between them. The Parties
       further agree that this Consent Decree does not constitute either an
       adjudication on the merits or a factual or legal finding or
       determination regarding any compliance or noncompliance with the
       requirements of the Act or the Commission's Rules and Orders.

   17. Modifications. This Consent Decree cannot be modified without the
       advance written consent of both Parties.

   18. Paragraph Headings. The headings of the Paragraphs in this Consent
       Decree are inserted for convenience only and are not intended to
       affect the meaning or interpretation of this Consent Decree.

   19. Authorized Representative. Each Party represents and warrants to the
       others that it has full power and authority to enter into this Consent
       Decree.

   20. Counterparts. This Consent Decree may be signed in any number of
       counterparts (including by facsimile), each of which, when executed
       and delivered, shall be an original, and all of which counterparts
       together shall constitute one and the same fully executed instrument.


                                        ________________________________  
     ________________________________                                     
                                        Wallace A. Smith                  
     P. Michele Ellison                                                   
                                        President                         
     Chief, Enforcement Bureau                                            
                                        Peconic Public Broadcasting       
     ________________________________                                     
                                        ________________________________  
     Date                                                                 
                                        Date                              


   See Application for Consent to Assignment of Broadcast Station
   Construction Permit or License, File Number BALED-20100316ABB, filed March
   16, 2010.

   See 47 U.S.C. S: 310.

   See 47 C.F.R. S: 73.3540.

   See 47 U.S.C. S: 154(i).

   See 47 C.F.R. S:S: 0.111, 0.311.

   See 47 U.S.C. S: 310(d).

   See 47 C.F.R. S: 73.3540.

   See Letter from Kenneth M. Scheibel, Jr., Assistant Chief, Investigations
   and Hearings Division, Enforcement Bureau, Federal Communications
   Commission, to Long Island University Public Radio Network, dated April
   29, 2010 ("LIU LOI"); see also Letter from Kenneth M. Scheibel, Jr.,
   Assistant Chief, Investigations and Hearings Division, Enforcement Bureau,
   Federal Communications Commission, to Wallace A. Smith, General Manager,
   Peconic Public Broadcasting, dated April 29, 2010 ("Peconic LOI").

   See 47 U.S.C. S: 310(d); 47 C.F.R. S: 73.3540(a).

   See Salem Broadcasting, Inc., Notice of Apparent Liability for Forfeiture,
   6 FCC Rcd 4172 (Mass Media Bur. 1991). See also WGPR, Inc., Memorandum
   Opinion & Order, 10 FCC Rcd 8140, 8142 (1995), vacated on other grounds,
   sub nom. Serafyn v. FCC, 149 F.3d 1213 (D.C. Cir. 1998).

   See WGPR, Inc., 10 FCC Rcd at 8142.

   Id.

   Id. at 8145. See Salem Broadcasting, Inc., 6 FCC Rcd at 4173; Bee
   Broadcasting Associates, Hearing Designation Order and Notice of Apparent
   Liability, 5 FCC Rcd 6584 (1990). See generally WLOX Broadcasting Company,
   260 F.2d 712, 715-16 (D.C. Cir. 1958); Phoenix Broadcasting Co., 44 FCC 2d
   838 (1973).

   See Letter from Ernest T. Sanchez, Esq., counsel for Peconic Public
   Broadcasting, to Marlene H. Dortch, Secretary, Federal Communications
   Commission, dated June 7, 2010 ("Peconic LOI Response").

   See supra note 3.

   See Peconic LOI Response, supra note 9; see also Letter from Robert N.
   Altholz, Vice President for Finance, Long Island University Public Radio
   Network, to Marlene H. Dortch, Secretary, Federal Communications
   Commission, dated June 7, 2010.

   [Author ID1: at Fri Dec 13 15:45:52 1901 ]

   Federal Communications Commission DA 10-1862

   3

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   Federal Communications Commission DA 10-1862