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 Federal  Communications  Commission  DA  00-  2911 
 Before  the 
 FEDERAL  COMMUNICATIONS  COMMISSION  Washington,  D.  C.  20554 


 In  the  Matter  of 
 WISCONSIN  ENERGY  CORPORATION 
 Licensee  of  Various  Authorizations  in  Wisconsin 
 and  Michigan 


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 Acct.  No.  200132080013 
 File  No.  EB-  00-  IH-  0127,  GS 


 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 


 1  47  U.  S.  C.  §§  301  and  310(  d). 
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 Federal  Communications  Commission  DA  00-  2911 
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 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 


 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. 
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