*Pages 1--2 from  Microsoft Word - 52237.doc*
 Federal  Communications  Commission  DA  05-  2672 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 ART  LICENSING  CORP. 
 FIRST  AVENUE  NETWORKS,  INC. 
 Applicants  for  Spectrum  Manager  Leasing  Arrangements  in  the  Wireless  Radio  Services 


 )  ) 
 )  ) 
 )  ) 
 )  ) 
 ) 


 File  No.  EB-  04-  IH-  0326  Account  No.  200632080002 
 FRN  No.  0003865888 
 FRN  No.  0004237178 


 ORDER 
 Adopted:  October  6,  2005  Released:  October  7,  2005 
 By  the  Chief,  Enforcement  Bureau: 
 1.  In  this  Order,  we  adopt  a  Consent  Decree  terminating  an  investigation  by  the  Enforcement  Bureau  (the  “Bureau”)  into  possible  violations  by  commonly-  owned  licensees  ART 
 Licensing  Corp.  (“  ART”)  and  First  Avenue  Networks,  Inc.  (“  First  Avenue”)  of  section  1.9020  of  the  Commission’s  Rules,  1  relating  to  spectrum  manager  leasing  arrangements. 


 2.  The  Bureau,  ART  and  First  Avenue  have  negotiated  the  terms  of  a  Consent  Decree  that  would  terminate  the  Bureau’s  investigation.  A  copy  of  the  Consent  Decree  is 
 attached  hereto  and  incorporated  by  reference. 


 3.  We  have  reviewed  the  terms  of  the  Consent  Decree  and  evaluated  the  facts  before  us.  We  believe  that  the  public  interest  would  be  served  by  approving  the  Consent  Decree 
 and  terminating  the  investigation. 
 4.  Based  on  the  record  before  us,  we  conclude  that  there  are  no  substantial  or  material  questions  of  fact  with  respect  to  this  matter  as  to  whether  ART  or  First  Avenue  possess 
 the  basic  qualifications,  including  those  related  to  character,  to  hold  or  obtain  any  Commission  license  or  authorization. 


 5.  Accordingly,  IT  IS  ORDERED,  pursuant  to  section  4(  i)  of  the  Communications  Act  of  1934,  as  amended,  2  and  the  authority  delegated  by  section  0.111  and  0.311  of  the 
 Commission’s  Rules  3  ,  that  the  attached  Consent  Decree  IS  ADOPTED. 


 6.  IT  IS  FURTHER  ORDERED  that  the  above-  captioned  investigation  IS  TERMINATED. 


 1  47  C.  F.  R.  §1.  9020. 
 2  47  U.  S.  C.  §  154(  i). 
 3  47  C.  F.  R.  §§  0.111,  0.  311. 
1
 Federal  Communications  Commission  DA  05-  2672 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 Kris  Anne  Monteith  Chief,  Enforcement  Bureau 
2