*Pages 1--2 from Microsoft Word - 53925.doc* __________________________ Federal Communications Commission DA 05- 3272 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D. C. 20554 In the Matter of ) ) KEVIN BEAMISH and ALANA BEAMISH, ) File No. BRH- 20040603ACE RECEIVERS ) Facility ID No. 51080 ) Licensee of Station WJSZ( FM) ) Ashley, Michigan ) ORDER Adopted: December 20, 2005 Released: December 22, 2005 By the Chief, Media Bureau: 1. In this Order, we adopt the attached Consent Decree entered into by and between Kevin Beamish and Alana Beamish, Receivers (“ Receivers”), and the Media Bureau. The Consent Decree resolves issues regarding whether WJSZ( FM) violated Section 73.3526 which governs the maintenance of the station’s public file. 1 2. The Consent Decree provides among other things, that the Receivers will institute a Compliance Plan for Station WJSZ( FM) and make a $6,000 voluntary contribution to the United States Treasury. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree, which is incorporated herein by reference, we believe that the public interest will by served by adopting the Consent Decree. We also conclude that the matters raised in the investigation do not raise any substantial or material questions of fact regarding the Receivers’ qualifications to remain a Commission licensee. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4( i) and (j) of the Communications Act of 1934, as amended, 2 and Sections 0.111 and 0.311 of the Commission’s rules, 3 that the Consent Decree attached hereto IS ADOPTED. 5. IT IS FURTHER ORDERED that the Receivers shall make their voluntary contribution to the United States Treasury by mailing a check or similar instrument payable to the order of the Federal Communications Commission, P. O. Box 358340, Pittsburgh, PA 15251- 8340. Payment by overnight mail may be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, Receiving Bank Mellon Bank, and Account Number 911- 6106. The payment must include FRN No. 0011611555. 1 47 C. F. R. § 73.3526. 2 47 U. S. C. § 4( i) and (j). 3 47 C. F. R. §§ 0.111, 0. 311. 1 __________________________ Federal Communications Commission DA 05- 3272 2 6. IT IS FURTHER ORDERED that copies of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Kevin Beamish and Alana Beamish, Receivers, 103 North Washington, Owosso, Michigan, 48867, and to their counsel, James A. Koerner, Esq., Koerner & Olender, PC, 5809 Nicholson Lane, Suite 124, North Bethesda, M. D. 20852. 7. IT IS FURTHER ORDERED that pursuant to Section 309( k) of the Communications Act of 1934, as amended, 4 the application (File No. BR- 20040603ACE) for renewal of license for station WJSZ( FM), Ashley, Michigan IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION Donna C. Gregg Chief, Media Bureau 4 47 U. S. C. § 309( k). 2