*Pages 1--2 from Microsoft Word - 50760.doc* Federal Communications Commission DA 05- 2247 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Uniradio Corp., Holder of Permit to Transmit or Deliver Programming to a Foreign Broadcast Station ) ) ) ) ) File No. EB- 04- SE- 016 NAL/ Acct. No. 200532100003 FRN 008982407 ORDER Adopted: August 3, 2005 Released: August 5, 2005 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: 1. On October 20, 2004, the Spectrum Enforcement Division of the Enforcement Bureau (“ Bureau”) released a Notice of Apparent Liability for Forfeiture (“ NAL”) against Uniradio Corp. (“ Uniradio”). 1 The NAL proposed a forfeiture in the amount of twenty- five thousand dollars against Uniradio for its apparent willful and repeated violation of the terms and conditions of its authorization under Section 325( c) of the Communications Act of 1934, as amended (“ Act”). The NAL also dismissed as moot a petition filed by New Inspiration Broadcasting Co., Inc. (“ NIBC”) seeking to revoke Uniradio’s Section 325( c) permit. On November 17, 2004, NIBC filed a petition for reconsideration of the NAL which requested that the Bureau set aside its dismissal of NIBC’s petition to revoke Uniradio’s Section 325( c) permit. In a Memorandum Opinion and Order (“ MO& O”), released January 14, 2005, the Bureau denied NIBC’s petition for reconsideration. 2 Subsequently, on February 14, 2005, NIBC filed an application for review of the MO& O. On March 7, 2005, Uniradio filed an opposition to the application for review. 2. On May 24, 2005, NIBC and Uniradio filed a joint request to defer action on NIBC’s application for review in order to perfect a settlement agreement terminating a lawsuit that NIBC filed against Uniradio and others. On June 30, 2005, NIBC filed a request to dismiss the application for review, noting that the parties have reached a settlement. 3. We are satisfied that granting this request to dismiss the application for review will serve the public interest by promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Therefore, we grant NIBC’s request and dismiss the application for review with prejudice. 4. Accordingly, IT IS ORDERED that, pursuant to Sections 1, 4( i) and 4( j) of the Act, 3 and the authority delegated in Sections 0.111 and 0.311 of the Commission’s Rules, 4 New Inspiration Broadcasting Co., Inc. ’s February 14, 2005, application for review IS DISMISSED WITH PREJUDICE. 1 Uniradio Corp., 19 FCC Rcd 19933 (Enf. Bur., Spectrum Enf. Div., 2004). 2 Uniradio Corp., 20 FCC Rcd 614 (Enf. Bur., Spectrum Enf. Div., 2005). 3 47 U. S. C. §§ 151, 154( i) and 154( j). 4 47 C. F. R. §§ 0. 111 and 0.311. 1 Federal Communications Commission DA 05- 2247 2 5. IT IS FURTHER ORDERED that a copy this Order shall be sent by regular mail and by certified mail, return receipt requested, to counsel for Uniradio Corp., Mark C. Del Bianco, Esq., 3929 Washington Street, Kensington, Maryland 20895, and to counsel for New Inspiration Broadcasting Co. Inc. James P. Riley, Esq., Fletcher, Heald & Hildreth, PLC 1300 North 17th Street, 11th Floor, Arlington, VA 22209. FEDERAL COMMUNICATIONS COMMISSION Joseph P. Casey Chief, Spectrum Enforcement Division Enforcement Bureau 2