*Pages 1--2 from  Microsoft Word - 6415.doc*
 Federal  Communications  Commission  DA  01-  181 
 Before  the 
 FEDERAL  COMMUNICATIONS  COMMISSION  Washington,  D.  C.  20554 


 In  the  Matter  of 
 KENERGY  CORP. 
 Licensee  of  Various  Authorizations  in  Kentucky 


 ) 
 ) 
 ) 
 ) 
 ) 


 Acct.  No.  200132080016 
 File  No.  EB-  00-  IH-  0384,  GS 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  January  26,  2001  Released:  January  31,  2001 
 By  the  Chief,  Enforcement  Bureau: 


 1.  By  this  Memorandum  Opinion  and  Order  we  adopt  the  attached  Consent  Decree  in  which 
 Kenergy  Corp.  (“  Kenergy”)  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  Kenergy’s 
 compliance  with  Section  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.  Kenergy  is  an  electric  distribution  cooperative  with  headquarters  in  Henderson,  Kentucky. 
 It  serves  50,000  customers  in  all  or  portions  of  14  western  Kentucky  counties.  Kenergy  was  established  in 
 July  1999  through  the  consolidation  of  Henderson  Union  Electric  Cooperative  Corp.  and  Green  River 
 Electric  Corporation,  both  of  which  held  licenses  in  the  Private  Operational-  Fixed  Microwave  and 
 Industrial/  Business  Services.  The  consolidation  resulted  in  the  substantial  transfer  of  control  of  a  total  of 
 56  stations  and,  thus,  required  prior  Commission  consent,  pursuant  to  Section  310(  d)  of  the 
 Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §  310(  d).  Kenergy,  however,  did  not  file 
 applications  for  Commission  consent  to  the  assignment  of  licenses  for  these  stations  until  November  2000. 
 The  applications  have  since  been  granted. 


 3.  The  Bureau  has  reached  an  agreement  with  Kenergy  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  Kenergy  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  Kenergy  will  make  a  voluntary  contribution  to  the  United  States  Treasury  in  the  amount 
 of  $7,500.  2 


 1  47  U.  S.  C.  §  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. 
1
 Federal  Communications  Commission  DA  01-  181 
 2 
 4.  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  this  investigatory  proceeding. 


 5.  ACCORDINGLY,  IT  IS  ORDERED  that,  pursuant  to  delegated  authority,  the  Consent 
 Decree  attached  hereto  IS  ADOPTED. 


 6.  IT  IS  FURTHER  ORDERED,  that  the  above-  captioned  investigatory  proceeding  IS 
 TERMINATED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 David  H.  Solomon 
 Chief,  Enforcement  Bureau 
2