Federal Communications Commission DA 08-754 Before the Federal Communications Commission Washington, D.C. 20554 In re Application of ) ) NAL/Acct. No. MB- 200841410018 BILBAT RADIO, INC. ) FRN: 0005015813 ) For Renewal of License for ) File No. BRH-20060201AMY Station WKPQ(FM) ) Facility ID No. 5309 Hornell, New York ) ORDER Adopted: March 27, 2008 Released: March 28, 2008 By the Chief, Media Bureau: 1. In this Order, we adopt the attached Consent Decree entered into by the Media Bureau and Bilbat Radio, Inc. (the “Licensee”), licensee of commercial Station WKPQ(FM), Hornell, New York (the “Station”). The Consent Decree resolves issues arising from the Bureau’s review of the captioned renewal application for the license for the Station as to whether the Licensee violated Section 73.3526 of the Commission’s Rules (the “Rules”), which governs the maintenance of a commercial station’s public file.1 2. The Consent Decree provides, among other things, that the Licensee and, if applicable, its successors and assigns, will institute and maintain, for three years, a Compliance Plan for the Station and make a $10,000 voluntary contribution to the United States Treasury. A copy of the Consent Decree is attached hereto and incorporated herein by reference. 3. After reviewing the terms of the Consent Decree, we believe that the public interest will be served by its adoption and by terminating all pending proceedings related to the Bureau’s consideration of whether the Licensee violated the Public File Rule. We also conclude that nothing in the record in this case raises a substantial or material question of fact regarding the Licensee’s qualifications to remain a Commission licensee. 4. ACCORDINGLY, IT IS ORDERED, that pursuant to Sections 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 Commission’s rules,3 the Consent Decree attached hereto IS ADOPTED. 1 47 C.F.R. § 73.3526 (the “Public File Rule”). 2 47 U.S.C. § 4(i). 3 47 C.F.R. §§ 0.61, 0.283. Federal Communications Commission DA 08-754 - 2 - 5. IT IS FURTHER ORDERED, that copies of this Order and Consent Decree shall be sent by First Class Mail-Return Receipt Requested, to William H. Berry, Bilbat Radio, Inc., P. O. Box 726, 1484 Beech Street, Hornell, New York, 85004. FEDERAL COMMUNICATIONS COMMISSION Monica Shah Desai Chief, Media Bureau