Federal Communications Commission DA 10-581 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of WAY-FM MEDIA GROUP, INC. Licensee of Noncommercial Educational Station KXWA(FM), Loveland, Colorado ) ) ) ) ) ) EB-09-IH-0500 Facility ID No. 89401 NAL Account No. 201032080014 FRN No. 0004995288 ORDER Adopted: April 23, 2010 Released: April 27, 2010 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (“Bureau”) and WAY-FM Media Group, 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 KXWA(FM), Loveland, Colorado (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 complaint 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 IS 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 10-581 2 8. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent to WAY-FM Media Group, Inc., P.O. Box 64500, Colorado Springs, Colorado, 80962, and to its counsel, A. Wray Fitch, III, Gammon & Grange, P.C., 8280 Greensboro Drive, 7th Floor, McLean, Virginia 22102-3807, by first-class, certified mail, return receipt requested. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau