Federal Communications Commission DA 08-446 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Long Pond Baptist Church Licensee of Noncommercial Educational Station WTBH(FM), Chiefland, Florida ) ) ) ) ) ) ) File No. EB-05-IH-2557 Acct. No. 200832080077 FRN 0006119168 Facility ID No. 38349 ORDER Adopted: February 21, 2008 Released: February 25, 2008 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the “Bureau”) and Long Pond Baptist Church (“Long Pond”), licensee of Noncommercial Educational Station WTBH(FM), Chiefland, Florida. The Consent Decree terminates an investigation by the Bureau into whether Long Pond violated Section 399B of the Communications Act of 1934, as amended,1 and Section 73.503(d) of the Commission’s rules,2 in connection with the broadcast by Long Pond of underwriting acknowledgments over its Station. 2. The Bureau and Long Pond 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 investigation. 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 Long Pond 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 “Complaint” received on or about December 13, 2005, alleging violation of the Underwriting Laws by Long Pond, IS DISMISSED. 1 See 47 U.S.C. § 399b. 2 See 47 C.F.R. § 73.503(d). 3 See 47 U.S.C. § 154(i). 4 See 47 C.F.R. §§ 0.111, 0.311. Federal Communications Commission DA 08-446 2 6. IT IS FURTHER ORDERED that the investigation by the Enforcement Bureau IS TERMINATED. 7. IT IS FURTHER ORDERED that Long Pond 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). 8. IT IS FURTHER ORDERED that copies of this Order shall be sent by regular first class mail and certified mail - return receipt requested, to Long Pond Baptist Church, Station WTBH, P.O. Box 1730, Chiefland, Florida 32644, and to its counsel, Harry Cole, Esq., Fletcher, Heald and Hildreth, P.L.C., 11th Floor, 1300 North 17th Street, Arlington, Virginia 22209. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau