Federal Communications Commission ___ DA 10-685 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of HAZARD COMMUNITY BROADCASTING Licensee of Noncommercial Educational Station WLZD-LP, Hazard, Kentucky (formerly WRZD-LP and WZYQ-LP) ) ) ) ) ) ) ) ) File No. EB-07-IH-9198 NAL Account No. 201032080023 Facility ID No. 135664 FRN No. 0007570310 ORDER Adopted: April 28, 2010 Released: April 28, 2010 By Investigations and Hearings Division, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (“Bureau”) and Hazard Community Broadcasting (“Licensee”). The Consent Decree terminates an investigation by the Bureau against 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 Rules,2 in connection with the broadcast by Licensee of underwriting acknowledgments over its noncommercial educational FM radio station, WLZD-LP, Hazard, Kentucky (the “Station”). 2. The Bureau and 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 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 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 10-685 2 8. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent to Hazard Community Broadcasting, by first-class, certified mail, return receipt requested, to Hazard Community Broadcasting, P.O. Box 1851, Hazard, Kentucky 41702. FEDERAL COMMUNICATIONS COMMISSION Hillary S. DeNigro Chief, Investigations and Hearings Division Enforcement Bureau