Federal Communications Commission DA 09-225
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Tama Broadcasting, Inc.
Parent of 
Tama Radio Licenses of Tampa, Florida, 
Inc., Licensee of Stations:
WTMP(AM), Egypt Lake, Florida
WTMP-FM, Dade City, Florida
Tama Radio Licenses of Jacksonville, FL, 
Inc., Licensee of Stations:
WHJX(FM), Baldwin, Florida
WSJF(FM), St. Augustine Beach, Florida
WSJS(FM), Fernandina Beach, Florida
WFJO(FM), Folkston, Georgia
Tama Radio Licenses of Savannah, GA, Inc., 
Licensee of Stations:
WSSJ(FM), Rincon, Georgia
WSGA(FM), Hinesville, Georgia
WTHG(FM), Hinesville, Georgia 
and 
D.B. Zwirn & Co., L.P.
Parent of:
D.B. Zwirn Special Opportunities Fund, 
L.P., Bernard Radio LLC; and
Straight Way Radio  
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File No. EB-08-IH-0692
FRN No. 0006042295   
Acct. No.  200932080023
Facility ID No. 74108
Facility ID No. 15239
Facility ID No. 52032
Facility ID No. 53672
Facility ID No. 40483
Facility ID No. 22005
Facility ID No. 54805
Facility ID No. 64428
Facility ID No. 7816
FRN No. 0015502016
Acct. No.  200932080023
ORDER
Adopted:  February 17, 2009 Released: February 17, 2009
By the Enforcement Bureau: 
1. In this Order, we adopt the attached Consent Decree entered into by the following parties: 
the Enforcement Bureau (the “Bureau”); Tama Broadcasting, Inc., parent of the above-captioned 
licensees (“Tama,” or the “Licensee”); and D.B. Zwirn & Co., L.P., ultimate parent of Bernard Radio 
LLC and Straight Way Radio (“Zwirn”) (collectively, the “Parties”).  The Consent Decree terminates the 
Bureau’s investigation into whether the Licensee and Zwirn, either jointly or separately, violated Section 
310(d) of the Communications Act of 1934, as amended (the “Act”),1 and Section 73.3540 of the 
  
1 See  47 U.S.C. § 310(d).
Federal Communications Commission DA 09-225
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Commission’s Rules2 by engaging in conduct that exceeded the scope of a local marketing agreement 
between Tama and Zwirn, thereby effectuating a de facto unauthorized transfer of control.3
2. The Parties have negotiated the terms of the Consent Decree that resolve this matter.  A 
copy of the Consent Decree is attached hereto and incorporated herein 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 Tama and Zwirn possess the 
basic qualifications including, but not limited to, those related to character, to hold or obtain any 
Commission license or authorization.4  
5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act 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.
7. IT IS FURTHER ORDERED that all third-party complaints before the Enforcement 
Bureau filed against Tama Broadcasting, Inc., and D.B. Zwirn & Co., L.P., regarding the above-captioned 
investigation as of the date of this Consent Decree ARE DISMISSED.   
8. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be 
sent by first class mail, postage prepaid, and certified mail, return receipt requested, to Francisco R.
  
2 See 47 C.F.R. § 73.3540. 
3 Although the Bureau is terminating its investigation into whether Tama Broadcasting, Inc., and Zwirn engaged in 
conduct that constituted an unauthorized transfer of control, the Bureau retains its right to investigate the conduct of 
Dr. Glenn W. Cherry, Board of Directors member and former President/CEO of Tama, and his brother, Charles W. 
Cherry II, Board of Directors member and former Vice President/General Counsel and Secretary of Tama.
4 The Bureau’s assessment that Tama Broadcasting, Inc., possesses the basic qualifications to hold or obtain a 
Commission license or authorization applies to Tama’s qualifications as a corporate entity but does not foreclose the 
Bureau from making a separate assessment into whether the conduct of Glenn or Charles Cherry raises questions 
regarding their basic qualifications to hold or obtain a Commission license or authorization.
5 See 47 U.S.C. § 154(i); 47 C.F.R. §§ 0.111, 0.311.
Federal Communications Commission DA 09-225
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Montero, Esquire, Fletcher, Heald & Hildreth, P.L.C., 1300 North 17th Street, 11th Floor, Arlington, 
Virginia, 22209; Richard J. Bodorff, Esquire, and Gregory L. Masters, Esquire, Wiley Rein LLP, 1776 K 
Street NW, Washington, D.C. 20006; and Percy Squire, Esquire, 514 S. High Street, Columbus, Ohio, 
43215. 
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
Federal Communications Commission DA 09-225
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Tama Broadcasting, Inc.
Parent of 
Tama Radio Licenses of Tampa, Florida, 
Inc., Licensee of Stations:
WTMP(AM), Egypt Lake, Florida
WTMP-FM, Dade City, Florida
Tama Radio Licenses of Jacksonville, FL, 
Inc., Licensee of Stations:
WHJX(FM), Baldwin, Florida
WSJF(FM), St. Augustine Beach, Florida
WSJS(FM), Fernandina Beach, Florida
WFJO(FM), Folkston, Georgia
Tama Radio Licenses of Savannah, GA, Inc., 
Licensee of Stations:
WSSJ(FM), Rincon, Georgia
WSGA(FM), Hinesville, Georgia
WTHG(FM), Hinesville, Georgia 
and 
D.B. Zwirn & Co., L.P.
Parent of
D.B. Zwirn Special Opportunities Fund, 
L.P.; Bernard Radio LLC; and
Straight Way Radio  
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File No. EB-08-IH-0692
FRN No. 0006042295  
Acct. No.  200932080023
Facility ID No. 74108
Facility ID No. 15239
Facility ID No. 52032
Facility ID No. 53672
Facility ID No. 40483
Facility ID No. 22005
Facility ID No. 54805
Facility ID No. 64428
Facility ID No. 7816
FRN No. 0015502016
Acct. No.  200932080023
CONSENT DECREE
1. The Enforcement Bureau (“Bureau”), Tama Broadcasting, Inc., (“Tama” or the 
“Licensee”), and D.B. Zwirn & Co., L.P. (“Zwirn”), by their authorized representatives, hereby enter into 
this Consent Decree for the purpose of terminating the Bureau’s investigation into whether Tama and 
Zwirn violated Section 310(d) of the Communications Act of 1934, as amended,1 and Section 73.3540 of 
the Commission’s Rules.2
  
1 See 47 U.S.C. § 310(d).
2 See 47 C.F.R. § 73.3540. 
Federal Communications Commission DA 09-225
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I.         DEFINITIONS
2. For the purposes of this Consent Decree, the following definitions shall apply:
(a) “Act” means the Communications Act of 1934, as amended, 47 U.S.C. § 151 et seq.
(b) “Adopting Order” means an Order of the Commission adopting the terms of this Consent 
Decree without change, addition, deletion, or modification.
(c) “Bureau” means the Enforcement Bureau of the Federal Communications Commission.
(d) “Commission” and “FCC” mean the Federal Communications Commission and all of its 
bureaus and offices.  
(e) “Complaint” means any third-party complaint that may have been received by or is 
otherwise in the possession of the Commission or Bureau alleging that Tama 
Broadcasting, Inc., and D.B. Zwirn & Co., L.P., engaged in an unauthorized transfer of 
control.
(f) “Compliance Plan” means the program described in this Consent Decree at paragraph 9.
(g) “Effective Date” means the date on which the Commission releases the Adopting Order.
(h) “Investigation” means the investigation commenced by the Bureau’s Investigations and 
Hearings Division’s August 20, 2008, Letters of Inquiry3 regarding whether Tama 
Broadcasting, Inc., and D.B. Zwirn & Co., L.P., engaged in an unauthorized transfer of 
control with respect to the Stations.4  
(i) “Investigations and Hearings Division” means the Investigations and Hearings Division, 
Enforcement Bureau, Federal Communications Commission, acting on behalf of the 
Enforcement Bureau.
(j) “LMA” means the local marketing agreement entered into between Tama Broadcasting, 
Inc., and D.B. Zwirn’s subsidiary, Bernard Radio LLC, on September 10, 2007, and 
Bernard Radio LLC’s successor, Straight Way Radio.
  
3 See Letter from Kenneth M. Scheibel, Jr., Assistant Chief, Investigations and Hearings Division, Enforcement 
Bureau, Federal Communications Commission, to Glenn Cherry, President/CEO, Tama Broadcasting, Inc., dated 
August 20, 2008; and Letter from Kenneth M. Scheibel, Jr., to Tama Broadcasting, Inc., c/o Ted Bolton, dated  
October 10, 2008 (“Tama LOIs”); see also Letter from Kenneth M. Scheibel, Jr., Assistant Chief, Investigations and 
Hearings Division, Enforcement Bureau, Federal Communications Commission, to Straight Way Radio, Bernard 
Radio LLC, and D.B. Zwirn Special Opportunities Fund, L.P., c/o Daniel Zwirn, dated August 20, 2008 (“Zwirn 
LOI”).  
4 See 47 U.S.C. § 310(d); 47 C.F.R. § 73.3540.
Federal Communications Commission DA 09-225
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(k) “Parties” means Tama Broadcasting, Inc., D.B. Zwirn & Co., L.P, and the Bureau.
(l) “Rules” means the Commission’s regulations found in Title 47 of the Code of Federal 
Regulations.
(m) “Licensee” means Tama Broadcasting, Inc., parent of Tama Radio Licenses of 
Jacksonville, FL, Inc.; Tama Radio Licenses of Savannah, GA, Inc.; and Tama Radio 
Licenses of Tampa, Florida, Inc., licensees of the captioned stations.
(n) “Station” or “Stations” means the nine radio stations specified in the caption and that are 
licensed to subsidiaries of Tama Broadcasting, Inc.
II. BACKGROUND
3. Section 310(d) of the Act and Section 73.3540 of the Rules prohibit the transfer of 
control of a broadcast station without prior Commission consent.5 A licensee may, however, delegate 
day-to-day functions to an agent pursuant to a time brokerage agreement or local management agreement 
without engaging in an unauthorized transfer of control.6 Such delegation must be limited, however, such 
that the licensee retains ultimate control of basic station policies.7 The touchstone of control “is not 
divining who executes the station’s programming, personnel and finance responsibilities,” but rather who 
establishes policies governing these three areas and exercises ultimate control.8 To ensure the appropriate 
level of control, a licensee engaged in a time broker or local management agreement “should be ready and 
able to operate independently from the broker at anytime it believes the arrangement does not fulfill its 
public interest responsibilities.”9  
4. The Bureau received a Complaint alleging that Zwirn, a creditor of Tama’s, had exceeded 
the terms of a local marketing agreement and thereby assumed control of Tama’s Stations.  The Bureau 
began an investigation and issued letters of inquiry to Tama and Zwirn.10  
  
5 See 47 U.S.C. § 310(d); 47 C.F.R. § 73.3540(a).
6 See Salem Broadcasting, Inc., Notice of Apparent Liability for Forfeiture, 6 FCC Rcd 4172 (Mass Media Bur. 
1991).  See also WGPR, Inc., Memorandum Opinion & Order, 10 FCC Rcd 8140, 8142 (1995), vacated on other 
grounds, sub nom. Serafyn v. FCC, 149 F.3d 1213 (D.C. Cir. 1998).  Under certain circumstances, a licensee may be 
required to file with the Commission a copy of its local marketing agreement.  See 47 C.F.R. § 73.3613; see also 
David A. Davila, Memorandum Opinion and Order, 6 FCC Rcd 2897 (1991); Benito Rish, Memorandum Opinion 
and Order, 7 FCC Rcd 6036 (1992) (subsequent history omitted); and Black Television Workshop, Decision, 8 FCC 
Rcd 4192 (1993) (subsequent history omitted).    
7 See WGPR, Inc., 10 FCC Rcd at 8142.  
8 Id.  
9 Id. at 8145.  See Salem Broadcasting, Inc., 6 FCC Rcd at 4173; Bee Broadcasting Associates, Hearing Designation 
Order and Notice of Apparent Liability, 5 FCC Rcd 6584 (1990).  See generally WLOX Broadcasting Company, 260 
F.2d 712, 715-716 (D.C. Cir. 1958); Phoenix Broadcasting Co., 44 FCC 2d 838 (1973).
10  See Tama LOIs; Zwirn LOI.
Federal Communications Commission DA 09-225
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Tama and Zwirn responded to the respective LOIs, each denying that it had engaged in an unauthorized 
transfer of control.11  
III. TERMS OF AGREEMENT
5. Adopting Order.  The Parties agree that the provisions of this Consent Decree shall be 
subject to final approval by the Bureau by incorporation of such provisions by reference in the Adopting 
Order without change, addition, modification, or deletion.
6. Jurisdiction. Tama and Zwirn agree that the Bureau has jurisdiction over them and the 
matters contained in this Consent Decree and that it has the authority to enter into and adopt this Consent 
Decree.
7. Effective Date; Violation.  The Parties agree that this Consent Decree shall become 
effective on the date on which the FCC releases the Adopting Order.  Upon release, the Adopting Order 
and this Consent Decree shall have the same force and effect as any other Order of the Bureau.  Any 
violation of the Adopting Order or of the terms of this Consent Decree shall constitute a separate violation 
of a Bureau Order, entitling the Bureau to exercise any rights and remedies attendant to the enforcement 
of a Commission Order.
8. Termination of Investigation.  In express reliance on the covenants and representations 
in this Consent Decree and to avoid further expenditure of public resources, the Bureau agrees to 
terminate its Investigation and dismiss the Complaint.  The Parties agree that this Consent Decree does 
not constitute an adjudication of the merits of the matters alleged in the Complaint or any finding on the 
facts or law regarding any compliance or noncompliance by Tama and Zwirn with respect to Section 
310(d) of the Act or Sections 73.3540 and 73.3613 of the Rules.  In consideration for the termination of 
said Investigation and dismissal of the Complaint, Tama and Zwirn agree to the terms, conditions, and 
procedures contained herein, as such terms, conditions and procedures apply to them individually.  The 
Bureau agrees that in the absence of new material evidence, the Bureau will not use the facts developed in 
this Investigation through the Effective Date, or the existence of this Consent Decree, to institute any new 
proceeding, formal or informal, or take any action against Tama Broadcasting, Inc., D.B. Zwirn & Co. 
L.P., or their affiliates, concerning the matters that were the subject of the Investigation.12 The Bureau 
further agrees that, in the absence of new material evidence, it will not use the facts developed in  
  
11 See Letter from Francisco R. Montero, Esq., counsel for Tama Broadcasting, to Marlene H. Dortch, Secretary, 
Federal Communications Commission, dated November 21, 2008, at 2-10, 13 (Tama noted that on September 5, 
2008, the Supreme Court of the State of New York appointed a temporary receiver to assume control of the 
Licensee’s assets.  See id. at 2-3, 8-9, and Exhibit A.  Tama also noted that it apparently failed to file a copy of the 
LMA with the Commission, as required by Section 73.3613 of the Rules.  See id. at 11).  See also Letter from 
Gregory L. Masters, Esq., counsel for D.B. Zwirn & Co., L.P., D.B. Zwirn Special Opportunities Fund, L.P., 
Bernard Radio LLC, and Straight Way Radio, LLC, to Marlene H. Dortch, Secretary, Federal Communications 
Commission, dated October 6, 2008.  Citing Sections 0.457(d), 0.457(f), 0.457(g)(1)-(2), and 0.459(b) of the Rules, 
Zwirn requested confidential treatment of its LOI responses; the Bureau has not yet ruled on the request.
12 Notwithstanding the foregoing, the Bureau retains its authority to investigate the conduct of Dr. Glenn Cherry, 
Board of Directors member and former President/CEO of Tama, and of Charles W. Cherry II, Board of Directors 
member and former Vice President/General Counsel and Board Secretary of Tama.  The Bureau expressly reserves 
the right to use facts developed during the course of this Investigation in any subsequent investigation of Glenn and 
Charles Cherry.  See, e.g., Medford Broadcasters Inc., Decision, 34 FCC 2d 989, 992 (1972).
Federal Communications Commission DA 09-225
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this Investigation through the Effective Date, or the existence of this Consent Decree, to institute any 
proceeding, formal or informal, or take any action against Tama Broadcasting, Inc., D.B. Zwirn & Co., 
L.P., or their affiliates, with respect to their basic qualifications, including character qualifications, to be a 
Commission licensee.13 In addition, the Bureau agrees that it will not provide any documents within its 
possession in connection with the Investigation to any party or entity, except as may be necessary during 
the course of any future investigation into possible violations of the Act or the Rules or Commission 
orders by the Cherrys, or as otherwise expressly mandated by law or as required by an order of a court or 
other administrative body.
9. Compliance Plan. For purposes of settling the matters set forth herein, Tama and Zwirn 
each agree to maintain a Compliance Plan related to each entity’s respective future compliance with 
Section 310(d) of the Act, Section 73.3540 of the Commission’s Rules, and the Commission’s Orders 
related thereto.  Each Compliance Plan will include, at a minimum, the following components:  
a. The President of D.B. Zwirn & Co., L.P., and the President of Tama Broadcasting, Inc., will 
each conduct a compliance examination of their respective subsidiaries, companies, or 
affiliates that have negotiated local marketing or time brokerage agreements.  Such 
examination will be conducted, at a minimum, every six (6) months, beginning on the 
Effective Date.  
b. The President of Zwirn and the President of Tama shall also consult with their respective 
telecommunications counsel regarding their respective entity’s overall compliance with 
Section 310(d) of the Act and Section 73.3540 of the Commission’s Rules on an annual basis, 
if not more frequently.
c. The requirements of each Compliance Plan will expire three (3) years from the Effective Date 
or upon Tama’s or Zwirn’s complete assignment of all Commission licenses, whichever is 
earlier.
10. Compliance Reports. Tama and Zwirn will file their respective compliance reports with 
the Commission 12 months, 24 months, and 36 months following the Effective Date.  Each compliance 
report shall include a compliance certificate from an officer, as an agent of the reporting entity, stating 
that the officer has personal knowledge that the reporting entity has satisfied the terms of the respective 
compliance plan set forth herein, together with an accompanying statement explaining the basis for the 
officer’s compliance certification.  All compliance reports shall be submitted to the Chief, Investigations 
and Hearings Division, Enforcement Bureau, Federal Communications Commission, 445 12th Street, 
S.W., Room 4-C330, Washington, D.C. 20554.
11. Voluntary Contribution.  Tama and Zwirn agree that within five (5) calendar days after 
the Effective Date, they will make a voluntary contribution to the United States Treasury totalling 
eighteen thousand dollars ($18,000).  The payment must include the Account Number and the FRN 
Number of each respective payee referenced in the caption to the Adopting 
  
13 See note 12, supra.  The Bureau reserves its right to use facts developed during the course of this Investigation in 
any subsequent investigation regarding whether the conduct of Glenn and/or Charles Cherry violates any statute or 
rule administered by the Commission, or negatively affects their basic qualifications to hold or obtain a Commission 
license or authorization.
Federal Communications Commission DA 09-225
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Order.  Payment by check or money order may be mailed 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.  
Payments 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 Account Number in block number 23A (call 
sign/other ID), and enter the letters “FORF” in block number 24A (payment type code).  Tama and Zwirn 
will also send an electronic notification on the date each said payment is made to: Hillary S. DeNigro 
(Hillary.Denigro@fcc.gov), Kenneth M. Scheibel, Jr. (Kenneth.Scheibel@fcc.gov), and Dana E. Leavitt 
(Dana.Leavitt@fcc.gov). 
12. Waivers.  Tama and Zwirn waive any and all respective rights each may have to seek 
administrative or judicial reconsideration, review, appeal or stay, or to otherwise challenge or contest the 
validity of this Consent Decree and the Order adopting this Consent Decree, provided the Commission 
issues an Order adopting the Consent Decree without change, addition, modification, or deletion.  Tama 
and Zwirn shall retain their respective rights to challenge Commission interpretation of the Consent 
Decree or any terms contained herein.  If any Party (or the United States on behalf of the Commission) 
brings a judicial action to enforce the terms of the Adopting Order, neither Tama nor Zwirn nor the 
Commission shall contest the validity of the Consent Decree or the Adopting Order, and Tama and Zwirn 
each shall waive any statutory right to a trial de novo.  Tama and Zwirn each hereby agree to waive any 
claims they may otherwise have under the Equal Access to Justice Act, 5 U.S.C. § 504 and 47 C.F.R. § 
1.1501 et seq., relating to the matters addressed in this Consent Decree.  
13. Subsequent Rule or Order. The Parties agree that if any provision of the Consent 
Decree conflicts with any subsequent rule or Order adopted by the Commission (except an Order 
specifically intended to revise the terms of this Consent Decree to which Tama Broadcasting, Inc., or 
D.B. Zwirn & Co. L.P. do not expressly consent) that provision will be superseded by such Commission 
rule or Order.
14. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall 
constitute a final settlement between the Bureau and Tama Broadcasting, Inc., and the Bureau and D.B. 
Zwirn & Co., L.P.14 The Parties further agree that this Consent Decree does not constitute either an 
adjudication on the merits or a factual or legal finding or determination regarding any compliance or 
noncompliance with the requirements of the Act or the Commission’s Rules and Orders.  
15. Modifications. This Consent Decree cannot be modified without the advance written 
consent of all Parties.
16. Paragraph Headings. The headings of the Paragraphs in this Consent Decree are 
inserted for convenience only and are not intended to affect the meaning or interpretation of this Consent 
Decree.
17. Authorized Representative. Each party represents and warrants to the others that it has 
full power and authority to enter into this Consent Decree.
  
14 The Consent Decree between the Bureau and Tama Broadcasting, Inc., applies only to Tama as a corporate 
licensing entity and does not constitute a settlement between the Bureau and Glenn or Charles Cherry.  See note 12, 
supra.    
Federal Communications Commission DA 09-225
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18. Counterparts. This Consent Decree may be signed in any number of counterparts 
(including by facsimile), each of which, when executed and delivered, shall be an original, and all of 
which counterparts together shall constitute one and the same fully executed instrument
________________________________
Kris Anne Monteith
Chief, Enforcement Bureau
________________________________
Date
________________________________
Jeffrey Scott, Member, Board of Directors
Tama Broadcasting, Inc. 
________________________________
Date
________________________________
David C. Lee, President
D.B. Zwirn & Co., L.P. 
________________________________
Date