Federal Communications Commission DA 08-1462 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Farmworker Educational Radio Network, Inc. Licensee of Station KCEC-FM Wellton, Arizona Facility ID #21207 ) ) ) ) ) ) ) File Number: EB-05-SD-072 NAL/Acct. No.: 200532940003 FRN: 0010057685 ORDER Adopted: June 20, 2008 Released: June 24, 2008 By the Associate Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the “Bureau”) and Farmworker Educational Radio Network, Inc., (“Farmworker”),1 licensee of station KCEC-FM, Wellton, Arizona. The Consent Decree terminates an enforcement proceeding relating to whether Farmworker violated Section 11.35 of the Commission’s Rules (“Rules”)2 by failing to ensure the operational readiness of the KCEC- FM Emergency Alert System (“EAS”) equipment. 2. The Bureau and Farmworker 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 adopting the Consent Decree and terminating the enforcement proceeding. In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Farmworker 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 and 0.311 of the Commission’s rules,4 the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above captioned matter IS TERMINATED. 1 We note that the FCC authorization for KCEC-FM lists the licensee as Farmworkers Educational Radio Network, Inc., however, the correct name of the entity is Farmworker Educational Radio Network, Inc. 2 47 C.F.R. § 11.35. 3 47 U.S.C. § 154(i). 4 47 C.F.R. §§ 0.111, 0.311. Federal Communications Commission DA 08-1462 2 6. IT IS FURTHER ORDERED that Farmworker Educational Radio Network, Inc., shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of the Federal Communications Commission, to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000. Payment by overnight mail may be sent to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. Payment by wire transfer may be made to ABA Number 021030004, receiving bank TREAS/NYC, and account number 27000001. For payment by credit card, an FCC Form 159 (Remittance Advice) must be submitted. When completing the FCC Form 159, enter the NAL/Account number in block number 23A (call sign/other ID), and enter the letters “FORF” in block number 24A (payment type code). Farmworker Educational Radio Network, Inc., shall also send electronic notification on the date said payment is made to WR-Response@fcc.gov. 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 Farmworker Educational Radio Network, Inc., at its address of record, and Anne Thomas Paxson, Borsari and Paxson, its counsel of record. FEDERAL COMMUNICATIONS COMMISSION George R. Dillon Associate Chief, Enforcement Bureau