CONSENT DECREE
1. The Media Bureau of the Federal Communications Commission and Aina’e Co., 
Ltd., licensee of Station KLEI(TV), Kailua-Kona, Hawaii, hereby enter into this Consent Decree 
for the purpose of resolving and terminating an Investigation relating to compliance by the 
Station with the Act and the Rules, as defined below.
2. For purposes of this Consent Decree the following definitions shall apply:
(a) “Act” means the Communications Act of 1934, as amended, 47 U.S.C. § 151 et 
seq.;
(b) “Adopting Order” means an order of the Bureau adopting this Consent Decree, 
without any modifications adverse to Aina’e Co. or the Station;
(c) “Aina’e Co.” means Aina’e Co., Ltd.;
(d) “Applications” means, collectively:
(i) the application (File No. BRCT-19990129KG) filed by Aina’e Co. on 
January 29, 1999, seeking renewal of the Station’s license (the “1999 
Renewal Application”);
(ii) the application (File No. BALCT-19980731KF) filed by Aina’e Co. on 
July 31, 1998, seeking consent to the assignment of the Station’s license 
to Newport Broadcasting Co., Inc. (“Newport”) (the “1998 Assignment 
Application”); and
(iii) the application (File No. BRCT-20061002BWS) filed by Aina’e Co. on 
October 2, 2006, seeking renewal of the Station’s license (the “2006 
Renewal Application);
(e) “Bureau” means the FCC’s Media Bureau;
(f) “Commission” or “FCC” means the Federal Communications Commission;
(g) “Effective Date” means the date on which the Bureau releases the Adopting 
Order;
(h) “Investigation” means any investigation by the Bureau of possible violations of 
the Act or the Rules by Aina’e Co. or the Station;
(i) “Parties” means Aina’e Co. and the Bureau; 
(j) “Rules” means the Commission’s regulations found in Title 47 of the Code of 
Federal Regulations; and 
(k) “Station” means Station KLEI(TV) (Facility ID No. 664), licensed to Kailua-
Kona, Hawaii.
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I. BACKGROUND
3. In the 1999 Renewal Application, Aina’e Co. represented that, in preparing that 
application, it was unable to locate files or records from which it could formulate responses to 
Section III, Items 1, 2, 5, and 6 of the then-current version of FCC Form 303-S.  Consequently, 
Aina’e Co. represented that it could not confirm that the documentation required by Section 
73.3526 of the Rules had been placed in the Station’s local public inspection file at the 
appropriate times, that Annual Employment Reports and Ownership Reports had been filed with 
the Commission in a timely manner, that it had complied with the children’s programming 
commercial limits set forth in Section 73.670 of the Rules, or that it had complied with the 
children’s programming requirements of Section 73.671 and 73.673 of the Rules.  Additionally, 
Aina’e Co. represented in the 1999 Renewal Application that the Station had been dependent on a 
number of different stations for its programming, and, as a result, the Station’s programming and 
operational history during the license term ending on January 31, 1999, had been sporadic.
4. Upon review of the 1999 Renewal Application, the Bureau was unable to 
determine that grant of that application as submitted would be in the public interest, convenience 
and necessity.  The 1999 Renewal Application remains pending before the Bureau.
5. In the 2006 Renewal Application, Aina’e Co. certified affirmatively to the 
compliance questions presented in Section IV of FCC Form 303-S relating to the Station’s 
operation during the preceding license term (i.e., since February 1, 1999).
6. The Station is the only local, full-power broadcast television station operating on 
the Kona Coast of Hawaii.  Its continued existence as a source of, inter alia, emergency 
information is vital to that area, whose population is constantly at risk from a range of dangerous 
natural conditions, which include volcanic activity (a problem which includes not only the 
destructive threat of violent eruption and/or lava flow, but also “vog,” a form of sustained, 
potentially hazardous, volcanic air pollution not necessarily associated with any particular 
eruption), earthquakes, tsunamis, hurricanes, and other potentially devastating events.
7. The 1998 Assignment Application, in which Aina’e Co. sought consent to assign 
the Station’s license to Newport, remains pending before the Bureau, which has deferred action
on that application because of its Investigation of the matters discussed in Paragraph 3.
8. The Bureau and Aina’e Co. acknowledge that any proceedings that might result 
from the Investigation will be time-consuming and will require substantial expenditure of public 
and private resources.
9. In order to conserve such resources, and to ensure the continued existence of a 
local, full-power broadcast television station serving the Kona Coast of Hawaii, the Bureau and 
Aina’e Co. are entering into this Consent Decree in consideration of the mutual commitments 
made herein.
II. AGREEMENT
10. The Parties agree that the provisions of this Consent Decree shall be subject to 
approval by the Bureau by incorporation of such provisions by reference in an Adopting Order.
11. The Parties agree that this Consent Decree shall become effective on the date on 
which the FCC releases the Adopting Order.  Upon release, the Adopting Order and this Consent 
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Decree shall have the same force and effect as any other orders of the Commission, and any 
violation of the terms of this Consent Decree shall constitute a violation of a Commission order, 
entitling the Commission to exercise any rights and remedies attendant to the enforcement of a 
Commission order.
12. Aina’e Co. agrees that the Bureau has jurisdiction over the matters contained in 
this Consent Decree and the authority to enter into and adopt this Consent Decree.
13. The Parties agree that this Consent Decree is for settlement purposes only, that it 
does not constitute either an adjudication on the merits or a factual or legal finding regarding 
compliance or noncompliance by Aina’e Co. with the requirements of the Act and the Rules in 
connection with the matters discussed in Paragraph 3, and that, by entering into this Consent 
Decree, Aina’e Co. makes no admission of liability or violation of any such requirements.
14. As part of the Adopting Order, the Bureau shall terminate the Investigation.  
From and after the Effective Date, the Bureau shall not, either on its own motion or in response to 
any petition to deny or other third-party complaint or objection, initiate any inquiries, 
investigations, forfeiture proceedings, hearings, or other sanctions or actions against Aina’e Co. 
based in whole or in part on the matters discussed in Paragraph 3.  Without limitation to the 
foregoing, the Bureau shall not use the facts of this Consent Decree or the Investigation for any 
purpose relating to Aina’e Co., and shall treat all such matters as null and void for all purposes.
15. Nothing in this Consent Decree shall prevent the Bureau from instituting, or 
recommending to the Commission, new investigations or enforcement proceedings against Aina’e 
Co., in the event of any alleged future misconduct for violation of the Act or the Rules, consistent 
with the provisions of this Consent Decree.
16. Aina’e Co. will make a voluntary contribution to the United States Treasury in 
the amount of Fifteen Thousand Dollars ($15,000) within thirty (30) days after the Effective Date.  
Aina’e Co. will make this contribution without further protest or recourse, by 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 No. 043000261, receiving bank Mellon Bank, and Account No. 911-6106.  The 
payment should reference the Acct. No. and FRN No. referenced in the caption of the attached 
Adopting Order.
17. The Bureau agrees to grant the Applications after the Effective Date, provided that:
(i) Aina’e Co. has fully and timely satisfied its obligation to make the 
voluntary contribution to the United States Treasury in the manner 
specified in Paragraph 16; and
(ii) there are no matters, other than those discussed in Paragraph 3, that could 
preclude grant of the Applications.
18. Aina’e Co. will take all steps necessary to consummate assignment of the 
Station’s license to Newport no later than ninety (90) days following grant of the 1998 
Assignment Application.
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19. Aina’e Co. waives any and all rights it may have to seek administrative or 
judicial reconsideration, review, appeal or stay, or to otherwise challenge or contest the validity 
of  this Consent Decree and the Adopting Order, provided no modifications are made to the 
Consent Decree adverse to Aina’e Co. or the Station.  If the Commission, or the United States 
acting on its behalf, brings a judicial action to enforce the terms of the Adopting Order or this 
Consent Decree, or both, Aina’e Co. will not contest the validity of this Consent Decree or of the 
Adopting Order, and will waive any statutory right to a trial de novo.  If Aina’e Co. brings a 
judicial action to enforce the terms of the Adopting Order or this Consent Decree, or both, the 
Commission will not contest the validity of this Consent Decree or the Adopting Order.
20. In the event that this Consent Decree is rendered invalid in any court of 
competent jurisdiction, it shall become null and void and may not be used in any manner in any 
legal proceeding.  
21. Aina’e Co. hereby agrees to waive any claims it may otherwise have under the 
Equal Access to Justice Act, 5 U.S.C. § 504 and 47 C.F.R. § 1.1501 et seq., relating to the matters 
addressed in this Consent Decree.
22. Each party represents and warrants to the other that it has full power and 
authority to enter into this Consent Decree.
23. This Consent Decree may be executed in any number of counterparts (including 
by facsimile), each of which, when so executed and delivered, shall be an original, and all of 
which counterparts together shall constitute one and the same fully executed instrument.   
FEDERAL COMMUNICATIONS COMMISSION
MEDIA BUREAU  
By:   ________________________________
Monica Desai, Chief
 Date: 
AINA’E CO., LTD.
By:   ________________________________
Christopher J. Racine, President
Date: