Federal Communications Commission DA 09-2011 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of DAYSTAR PUBLIC RADIO, INC. Licensee of Noncommercial Educational Station WKSG (FM), Cedar Creek, Florida ) ) ) ) ) ) EB-08-IH-1207 Facility ID No. 9714 NAL Account No. 200932080052 FRN No. 0005795976 ORDER Adopted: September 25, 2009 Released: September 25, 2009 By the Acting Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (“Bureau”) and Daystar Public Radio, Inc. (“Licensee”). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of Section 399B of the Communications Act of 1934, as amended,1 and Section 73.503(d) of the Commission’s Rules2 regarding the broadcast by the Licensee of underwriting acknowledgments over Station WKSG(FM), Cedar Creek (the “Station”). 2. The Bureau and the Licensee 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 the Licensee 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 Communications Act of 1934, as amended,3 and Sections 0.111 and 0.311 of the Commission’s Rules,4 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaints and allegations against the Station and/or the Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE 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 09-2011 2 8. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent to Daystar Public Radio, Inc., 788 Florencia Circle Titusville, Florida, by first-class, certified mail, return receipt requested. FEDERAL COMMUNICATIONS COMMISSION Suzanne M. Tetreault Acting Chief, Enforcement Bureau