*Pages 1--2 from Microsoft Word - 7737.doc* Federal Communications Commission DA 01- 730 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D. C. 20554 In the Matter of XCEL ENERGY INC. Licensee of Various Land Mobile and Microwave Stations ) ) ) ) ) ) Acct. No. 200132080024 File No. EB- 00- IH- 0397 MEMORANDUM OPINION AND ORDER Adopted: March 23, 2001 Released: March 26, 2001 By the Chief, Enforcement Bureau: 1. By this Memorandum Opinion and Order we adopt the attached Consent Decree entered into between the Enforcement Bureau and Xcel Energy Inc. (“ Xcel”). We find that the Consent Decree provides for an appropriate resolution of the Bureau’s investigation into Xcel’s compliance with Section 310( d) and of the Communications Act of 1934, as amended, 1 and conclude that adoption of the Consent Decree is in the public interest. 2. Among other things, the Consent Decree contemplates that Xcel 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 Xcel will make a voluntary contribution to the United States Treasury in the amount of $20,000.00. 2 3. 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. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 4( i) and 4( j) of the Communications Act of 1934, as amended, 3 and Section 0.111 of the Commission’s rules, 4 the Consent Decree attached hereto IS ADOPTED. 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 must note the Acct. No. referenced above. 3 47 U. S. C. §§ 4( i) and 4( j). 4 47 C. F. R. § 0.111 1 Federal Communications Commission DA 01- 730 2 5. IT IS FURTHER ORDERED, that the above- captioned investigatory proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 2