Federal Communications Commission DA 09-1263 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Hiawatha Broadband Communications, Inc. ) ) ) ) ) File No. EB-08-IH-0976 Acct. No. 200932080048 FRN No. 0003785318 ORDER Adopted: June 10, 2009 Released: June 10, 2009 By the Investigations & Hearings Division, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (“Bureau”) and Hiawatha Broadband Communications, Inc. (“Hiawatha”). The Consent Decree terminates an investigation by the Bureau against Hiawatha for possible violations of section 214(a) of the Communications Act of 1934, as amended (the “Act”),1 relating to the construction, acquisition, and operation of transmission lines; sections 63.03 and 63.04 of the Commission’s rules,2 relating to procedures for the assignment or transfer of control of domestic transmission lines or section 214 authorizations; and section 63.24 of the Commission’s rules, relating to procedures for the assignment or transfer of control of international section 214 authorizations.3 2. The Bureau and Hiawatha have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree 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. 4. 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 Hiawatha possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act4 and sections 0.111 and 0.311 of the Commission’s rules,5 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 1 47 U.S.C. § 214(a). 2 47 C.F.R. §§ 63.03, 63.04. 3 47 C.F.R. § 63.24. 4 47 U.S.C. § 154(i). 5 47 C.F.R. §§ 0.111, 0.311. Federal Communications Commission DA 09-1263 2 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to David H. Solomon, Counsel for Hiawatha Broadband Communications, Inc., Wilkinson Barker Knauer, LLP, 2300 N Street, N.W., Suite 700, Washington, DC 20037-1128. FEDERAL COMMUNICATIONS COMMISSION Hillary S. DeNigro Chief, Investigations & Hearings Division Enforcement Bureau