Federal Communications Commission                    DA 10-1862
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
PECONIC PUBLIC BROADCASTING
Proposed Assignee for 
Station WLIU(FM), Southampton, NY
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EB-10-IH-2083
FRN: 0003511110
Account No. 201132080015
Facility ID No. 38340
ORDER
Adopted:  October 1, 2010 Released:  October 1, 2010
By the Chief, Enforcement Bureau: 
1. In this Order, we adopt the attached Consent Decree entered into by the Enforcement 
Bureau (“Bureau”) and Peconic Public Broadcasting (“Peconic”), proposed assignee of Station 
WLIU(FM), Southampton, New York.1 The Consent Decree terminates the Bureau’s investigation into 
whether Peconic and Long Island University Public Radio Network, licensee of Station WLIU(FM) 
(“Licensee”), violated Section 310 of the Communications Act of 1934, as amended,2 and Section 
73.3540 of the Commission’s Rules,3 by engaging in conduct that exceeded the scope of a management 
agreement between Peconic and the Licensee, thereby effectuating a possible de facto unauthorized 
transfer of control.    
2. The Bureau and Peconic have negotiated the terms of the Consent Decree that resolves 
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 Peconic 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,4 and Sections 0.111 and 0.311 of the Commission’s Rules,5 the Consent Decree 
attached to this Order IS ADOPTED.
  
1 See Application for Consent to Assignment of Broadcast Station Construction Permit or License, File Number 
BALED-20100316ABB, filed March 16, 2010.
2 See 47 U.S.C. § 310.
3 See 47 C.F.R. § 73.3540.  
4 See 47 U.S.C. § 154(i).
5 See 47 C.F.R. §§ 0.111, 0.311.
  Federal Communications Commission                  DA 10-1862
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6. IT IS FURTHER ORDERED that the above-captioned investigation IS 
TERMINATED.
7. IT IS FURTHER ORDERED that the third-party complaint pending before the 
Enforcement Bureau against Peconic related to the above-captioned investigation as of the date of this 
Consent Decree IS DISMISSED.
8. IT IS FURTHER ORDERED that a copy of this Order and the Consent Decree shall be 
sent by first-class, certified mail, return receipt requested to Peconic Public Broadcasting, c/o Ernest T. 
Sanchez, Esq., The Sanchez Law Firm, P.C., 2300 M Street N.W., Suite 800, Washington, D.C. 20037.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
  Federal Communications Commission                  DA 10-1862
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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
PECONIC PUBLIC BROADCASTING
Proposed Assignee for  
Station WLIU(FM), Southampton, NY
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File No. EB-10-IH-2083
FRN: 0003511110
Acct. No.  201132080015
Facility ID No. 38340
CONSENT DECREE
1. The Enforcement Bureau (“Bureau”) and Peconic Public Broadcasting (“Peconic”), by their 
authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the 
Bureau’s investigation into whether Peconic violated Section 310(d) of the Communications Act of 1934, 
as amended,6 and Section 73.3540 of the Commission’s rules.7
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) “Agreement” means the management agreement entered into between Long Island 
University Public Radio Network and Peconic Public Broadcasting on December 1, 2009.
(d) “Bureau” means the Enforcement Bureau of the Federal Communications Commission.
(e) “Commission” and “FCC” mean the Federal Communications Commission and all of its 
bureaus and offices.  
(f) “Complaint” means the third-party complaint received by the Commission on February 
20, 2010, alleging that Long Island University Public Radio Network and Peconic Public 
Broadcasting engaged in an unauthorized transfer of control.
(g) “Compliance Plan” means the program described in this Consent Decree at paragraph 9.
(h) “Effective Date” means the date on which the Bureau releases the Adopting Order.
  
6 See 47 U.S.C. § 310(d).
7 See 47 C.F.R. § 73.3540. 
  Federal Communications Commission                  DA 10-1862
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(i) “Investigation” means the Bureau’s investigation of the Complaint alleging, among other 
things, that Long Island University Public Radio Network and Peconic violated Section 
310 of the Act and Section 73.3540 of the Rules. 8  
(j) “Investigations and Hearings Division” means the Investigations and Hearings Division, 
Enforcement Bureau, Federal Communications Commission, acting on behalf of the 
Enforcement Bureau.
(k) “Licensee” or “LIU” mean Long Island University Public Radio Network, licensee of 
noncommercial educational Station WLIU(FM). 
(l) “Parties” means Peconic Public Broadcasting and the Bureau.
(m) “Peconic” means Peconic Public Broadcasting.
(n) “Rules” means the Commission’s regulations found in Title 47 of the Code Federal 
Regulations.
(o) “Station” means noncommercial educational Station WLIU(FM), Southampton, New 
York (Facility ID No. 38340).
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.9 A licensee may, however, delegate day-to-day 
functions to an agent pursuant to a time brokerage agreement or to a local marketing or management 
agreement without engaging in an unauthorized transfer of control.10 Such delegation must be limited, 
however, to ensure that the licensee retains ultimate control of basic station policies.11 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.12 To ensure 
the appropriate level of control, licensees engaged in a time broker or in a local marketing or 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.”13  
  
8 See Letter from Kenneth M. Scheibel, Jr., Assistant Chief, Investigations and Hearings Division, Enforcement 
Bureau, Federal Communications Commission, to Long Island University Public Radio Network, dated April 29, 
2010 (“LIU LOI”); see also Letter from Kenneth M. Scheibel, Jr., Assistant Chief, Investigations and Hearings 
Division, Enforcement Bureau, Federal Communications Commission, to Wallace A. Smith, General Manager, 
Peconic Public Broadcasting, dated April 29, 2010 (“Peconic LOI”).  
9 See 47 U.S.C. § 310(d); 47 C.F.R. § 73.3540(a).
10 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).      
11 See WGPR, Inc., 10 FCC Rcd at 8142.  
12 Id.  
13 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, 715-16 (D.C. Cir. 1958); Phoenix Broadcasting Co., 44 FCC 2d 838 (1973).
  Federal Communications Commission                  DA 10-1862
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4. The Bureau received a Complaint alleging that Peconic (a not-for-profit corporation 
established for the purpose of acquiring WLIU(FM), and which had entered into an Agreement with 
LIU)14 had assumed control of the Station without first obtaining Commission approval.  The Bureau 
began an investigation and issued letters of inquiry to Peconic and LIU.15 Peconic and LIU timely 
responded to the respective LOIs, each denying that it had engaged in an unauthorized transfer of 
control.16 The Bureau and Peconic acknowledge that any proceedings that might result from the 
Investigation and/or the Complaint would be time-consuming and require substantial expenditure of 
public and private resources.  In order to conserve such resources and to ensure continued compliance by 
Peconic with the Act and the Commission’s Rules, the Bureau and Peconic are entering into this Consent 
Decree in consideration of the mutual commitments made herein.  The terms of the Consent Decree 
reflect consideration of Peconic’s current financial condition and of the short duration of the alleged 
violation, among other factors.  
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. Peconic agrees that the Bureau has jurisdiction over it 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 with prejudice.  In consideration for the termination of said 
Investigation and dismissal of the Complaint, Peconic agrees to the terms, conditions, and procedures 
contained herein.  The Bureau further 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, on its own motion, any new proceeding, formal or informal, or take any 
action on its own motion against Peconic concerning the matters that were the subject of the 
Investigation.  The Bureau also agrees that it will not use the facts developed in this Investigation through 
the Effective Date, or the existence of this Consent Decree, to institute on its own motion any proceeding, 
formal or informal, or take any action on its own motion against Peconic with respect to its basic 
qualifications, including its character qualifications, to be a Commission licensee or to hold Commission 
authorizations.    
  
14 See Letter from Ernest T. Sanchez, Esq., counsel for Peconic Public Broadcasting, to Marlene H. Dortch, 
Secretary, Federal Communications Commission, dated June 7, 2010 (“Peconic LOI Response”). 
15 See supra note 3.
16 See Peconic LOI Response, supra note 9; see also Letter from Robert N. Altholz, Vice President for Finance, 
Long Island University Public Radio Network, to Marlene H. Dortch, Secretary, Federal Communications 
Commission, dated June 7, 2010. 
  Federal Communications Commission                  DA 10-1862
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9. Compliance Plan. For purposes of settling the matters set forth herein, Peconic agrees to 
maintain a Compliance Plan related to its future compliance with Section 310(d) of the Act, Section 
73.3540 of the Commission’s Rules, and the Commission’s Orders related thereto.  Such Compliance 
Plan will include, at a minimum, the following components:  
a. The President of Peconic will conduct a compliance examination of Peconic’s subsidiaries, 
companies, or affiliates that have negotiated local marketing or time brokerage/management 
agreements.  Such examination will be conducted, at a minimum, every six months, 
beginning on the Effective Date.  
b. The President of Peconic shall also consult with telecommunications counsel regarding 
Peconic’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 the Compliance Plan will expire three years from the Effective Date or 
upon Peconic’s complete assignment of all Commission licenses, whichever is earlier.
10. Compliance Reports. Peconic will file 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 the President of Peconic, as an agent of and on behalf of Peconic, stating that 
he/she has personal knowledge that Peconic has (i) established operating procedures intended to ensure 
compliance with the terms and conditions of this Consent Decree and with Section 310 of the Act and 
Section 73.3540 of the Commission’s Rules, together with an accompanying statement explaining the 
basis for the compliance certification; (ii) has been utilizing those procedures since the previous 
Compliance Report was submitted; and (iii) is not aware of any instances of non-compliance. The 
certifications shall comply with Section 1.16 of the Rules17 and be subscribed to as true under penalty of 
perjury in substantially the form set forth therein.  If the President of Peconic cannot provide the requisite 
certification, he/she, as an agent of and on behalf of Peconic, shall provide the Commission with a 
detailed explanation of: (i) any instances of non-compliance with this Consent Decree and the Rules, and 
(ii) the steps that Peconic has taken or will take to remedy each instance of non-compliance and ensure 
future compliance, and the schedule on which proposed remedial actions will be taken.  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, 
with a copy submitted electronically to Kenneth Scheibel at Kenneth.Scheibel@fcc.gov and to Dana 
Leavitt at Dana.Leavitt@fcc.gov.
11. Termination Date.  Unless stated otherwise, the requirements of the Compliance Plan will 
expire three (3) years after the Effective Date.
12. Voluntary Contribution.  Peconic agrees that it will make a voluntary contribution to the 
United States Treasury in the amount of $5,000.  The contribution will be paid in ten monthly 
installments of $500, payable as follows:  $500 within 30 calendar days of the Effective Date and the 
remaining $500 payments on or before the twentieth day of each succeeding month.  All payments must 
include the Account and Facility Identification Number and the FRN Number referenced in the caption of 
the Adopting Order.  Payments by check or money order may be mailed to Federal Communications 
Commission, P.O. Box 979088, St. Louis, MO 63197-9000.  Payments 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 payments 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 
  
  Federal Communications Commission                  DA 10-1862
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(payment type code).  Peconic will also send an electronic notification on the date each payment is made 
to:  Hillary S. DeNigro (Hillary.Denigro@fcc.gov), Ben Bartolome (Ben.Bartolome@fcc.gov), Kenneth 
M. Scheibel, Jr. (Kenneth.Scheibel@fcc.gov), and Dana E. Leavitt (Dana.Leavitt@fcc.gov). 
13. Waivers.  Peconic waives any and all respective rights it 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.  Peconic shall retain the 
right 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 Peconic nor the Commission shall contest the validity of the Consent Decree 
or the Adopting Order, and Peconic shall waive any statutory right to a trial de novo.  Peconic hereby 
agrees to waive any claims it 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.  
14. 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 Peconic does not expressly consent) that 
provision will be superseded by such Commission rule or Order.
15. Successors and Assigns. Peconic agrees that the provisions of this Consent Decree shall be 
binding on its successors, assigns, and transferees.
16. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall 
constitute a final settlement between them.  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.  
17. Modifications. This Consent Decree cannot be modified without the advance written 
consent of both Parties.
18. 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.
19. Authorized Representative.  Each Party represents and warrants to the others that it has full 
power and authority to enter into this Consent Decree.
  Federal Communications Commission                  DA 10-1862
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20. 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.
________________________________
P. Michele Ellison
Chief, Enforcement Bureau
________________________________
Date
________________________________
Wallace A. Smith
President
Peconic Public Broadcasting
________________________________
Date