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 Federal  Communications  Commission  DA  05-  444 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 BREVARD  YOUTH  EDUCATION  BROADCASTING  CORPORATION 


 Licensee  of  Noncommercial  Educational  FM  Station  WCEE-  LP,  Melbourne,  Florida 


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 File  Nos.  EB-  03-  IH-  0391  and  EB-  03-  IH-  0688 
 Acct.  No.  200532080123  FRN  0008667271 
 Facility  ID  No.  13563 


 ORDER 
 Adopted:  February  24,  2005  Released:  February  25,  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  the  possible  violation  by  Brevard  Youth 
 Education  Broadcasting  Corporation  (“  Brevard”),  licensee  of  noncommercial  educational  FM  Station  WCEE-  LP,  Melbourne,  Florida,  of  section  399B  of  the  Communications  Act 
 of  1934,  as  amended  (the  “Act”),  1  and  section  73.503(  d)  of  the  Commission’s  rules,  2  in  connection  with  the  broadcast  of  underwriting  acknowledgments  over  the  station  by 
 Brevard. 
 2.  The  Bureau  and  Brevard  have  negotiated  the  terms  of  the  Consent  Decree,  a  copy  of  which  is  attached  hereto  and  incorporated  by  reference. 


 3.  After  reviewing  the  terms  of  the  Consent  Decree  and  evaluating  the  facts  before  us,  we  find  that  the  public  interest  would  be  served  by  approving  the  Consent 
 Decree  and  terminating  the  investigation.  Based  on  the  record  before  us,  we  conclude  that  our  investigation  raises  no  substantial  or  material  questions  of  fact  as  to  whether 
 Brevard  possesses  the  basic  qualifications,  including  character  qualifications,  to  be  or  remain  a  Commission  licensee. 


 4.  ACCORDINGLY,  IT  IS  ORDERED  that,  pursuant  to  section  4(  i)  of  the  Communications  Act  of  1934,  as  amended,  3  and  the  authority  delegated  by  sections  0.111 


 1  47  U.  S.  C.  §  399b. 
 2  47  C.  F.  R.  §  73.503(  d). 
 3  47  U.  S.  C.  §  154(  i). 
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 Federal  Communications  Commission  DA  05-  444 
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 and  0.311  of  the  Commission’s  rules,  4  the  attached  Consent  Decree  IS  ADOPTED. 
 5.  IT  IS  FURTHER  ORDERED  that  the  complaints  against  Brevard  dated  September  10  and  December  12,  2003,  ARE  DISMISSED. 


 6.  IT  IS  FURTHER  ORDERED  that  the  investigation  by  the  Enforcement  Bureau  IS  TERMINATED. 
 7.  IT  IS  FURTHER  ORDERED  that  copies  of  this  Order  shall  be  sent  by  regular  first  class  mail  and  certified  mail,  return  receipt  requested,  to  Brevard  Youth 
 Education  Broadcasting  Corporation,  325  Valencia  Road,  Melbourne,  Florida  32604,  and  to  its  counsel,  Lauren  A.  Colby,  Esq.,  at  10  E.  4  th  Street,  Frederick,  Maryland  21701. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 David  H.  Solomon  Chief,  Enforcement  Bureau 


 4  47  C.  F.  R.  §§  0.111,  0.  311. 
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