__________________________Federal Communications Commission DA 07-4943 Before the Federal Communications Commission Washington, D.C. 20554 In re Application of ) ) Capitol Broadcasting Association, Inc. ) NAL/Acct. No. MB200641410132 ) FRN 0006533046 For Renewal of License for ) Station KMFA(FM) ) File No. BRED-20050331ABD Austin, Texas ) Facility ID No. 8685 ORDER Adopted: December 10, 2007 Released: December 11, 2007 By the Chief, Media Bureau: 1. In this Order, we adopt the attached Consent Decree entered into by the Media Bureau (the “Bureau”) and Capitol Broadcasting Association, Inc. (the “Licensee”), licensee of non-commercial educational Station KMFA(FM), Austin, Texas (the “Station”). The Consent Decree resolves issues arising from the Bureau’s review of the captioned license renewal application for the Station as to whether the Licensee violated Section 73.3527 of the Commission’s Rules (the “Rules”), which governs the maintenance of a noncommercial educational station’s public file.1 2. The Bureau and the Licensee have negotiated the terms of a Consent Decree, a copy of which is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree, we find that the public interest will by served by its approval and by terminating all pending proceedings relating to the Bureau’s consideration of whether the Licensee violated the Public File Rule. 4. Based on the record before us, we conclude that nothing in that record creates a substantial or material question of fact whether the Licensee possesses the basic qualifications to remain a Commission licensee. 5. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended,2 and by the authority delegated by Sections 0.61 and 0.283 of the Rules,3 the Consent Decree attached hereto IS ADOPTED. 6. IT IS FURTHER ORDERED that the investigation by the Media Bureau of the matters noted above IS TERMINATED. 7. IT IS FURTHER ORDERED that copies of this Order shall be sent, by first class mail 1 47 C.F.R. § 73.3527. 2 47 U.S.C. § 4(i). 3 47 C.F.R. §§ 0.61, 0.283. __________________________Federal Communications Commission DA 07-4943 2 and certified mail, return receipt requested, to Capitol Broadcasting Association, Inc., 3001 N. Lamar Blvd., Suite 100, Austin, Texas 78705-2094 and to its counsel, Melodie A. Virtue, Esq., Garvey Schubert Barer, 1000 Potomac Street, NW, Flour Mill Building, Fifth Floor, Washington, DC 20007-3501. FEDERAL COMMUNICATIONS COMMISSION Monica Shah Desai Chief, Media Bureau