Federal Communications Commission DA 11-862
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
DAVID CARUS & ASSOCIATES
Licensee of FM Translator Stations 
W264AS, Rockledge, Florida, W272BA, 
Cocoa Beach, Florida, and Aural Studio 
Transmitter Link WQEQ835, Indialantic, 
Florida
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File No. EB-05-IH-1022
NAL/Acct. No. 201132080027
FRN No. 0008605503
Facility ID Nos. 144128 and 144133
ORDER
Adopted: June 2, 2011 Released: June 3, 2011
By the Chief, Enforcement Bureau: 
1. In this Order, we adopt the attached Consent Decree entered into between the 
Enforcement Bureau (“Bureau”) and David Carus & Associates (the “Licensee”).  The Consent Decree 
terminates an investigation by the Bureau against the Licensee for possible violations of sections 399B 
and 310(d) of the Communications Act of 1934, as amended,1 and sections 73.503(d), 73.3540, and 
74.1231(g) of the Commission’s Rules,2 in connection with the transfer of control of FM Translator 
Station W264AS, Rockledge, Florida (“Station W264AS”), FM Translator Station W272BA, Cocoa 
Beach, Florida, and Aural Studio Transmitter Link WQEQ835 (collectively, the “Stations”); and the 
broadcast of underwriting announcements and originations concerning financial support over Station 
W264AS.3  
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 
  
1 See 47 U.S.C. §§ 399b, 310(d).
2 See 47 C.F.R. §§ 73.503(d), 73.3540, 74.1231(g).
3 Although the Bureau is terminating its investigation into whether the Licensee engaged in conduct that violated 
these laws, the Commission and the Bureau retain their right to investigate the conduct of other targets in the above-
captioned proceeding against which investigations under this same file number (EB-05-IH-1022) remain pending. 
Federal Communications Commission DA 11-862
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basic qualifications, including 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 Communications Act 
of 1934, as amended,5 and sections 0.111 and 0.311 of the Commission’s Rules,6 the Consent Decree 
attached to this Order IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned investigation, as to the Station 
and/or the Licensee, IS TERMINATED.
7. IT IS FURTHER ORDERED that any third-party complaints and allegations against 
the Stations and/or the Licensee before the Enforcement Bureau related to 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 certified mail, return receipt requested, to David S. Carus, President, David Carus & 
Associates, P.O. Box 780037, Orlando, Florida  32878. 
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
  
4 The Bureau’s assessment that the Licensee possesses the basic qualifications to hold or obtain a Commission 
license or authorization applies to the Licensee’s qualifications as a corporate entity.  This finding, however, does 
not foreclose the Commission and the Bureau from making a separate assessment into whether the conduct of other 
targets in the above-captioned proceeding, against which investigations under this same file number (EB-05-IH-
1022) remain pending, raises questions regarding their basic qualifications to hold or obtain a Commission permit, 
license, or authorization.
5 See 47 U.S.C. § 154(i).
6 See 47 C.F.R. §§ 0.111, 0.311.
Federal Communications Commission DA 11-862
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
DAVID CARUS & ASSOCIATES
Licensee of FM Translator Stations W264AS, 
Rockledge, Florida, W272BA, Cocoa Beach, 
Florida, and Aural Studio Transmitter Link 
WQEQ835, Indialantic, Florida
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File No. EB-05-IH-1022
NAL/Acct. No. 201132080027
FRN No. 0008605503
Facility ID Nos. 144128 and 144133
CONSENT DECREE
1. The Enforcement Bureau (the “Bureau”) and David Carus & Associates (“Licensee”), by 
their authorized representatives, enter into this Consent Decree for the purpose of terminating the 
Bureau’s investigation into whether the Licensee violated sections 399B and 310(d) of the 
Communications Act of 1934, as amended,7 and sections 73.503(d), 73.3540, and 74.1231(g) of the 
Commission’s Rules,8 in connection with the transfer of control of FM Translator Station W264AS, 
Rockledge, Florida (“Station W264AS”), FM Translator Station W272BA, Cocoa Beach, Florida 
(“Station W272BA”), and Aural Studio Transmitter Link WQEQ835 (collectively, the “Stations”); and 
the broadcast of underwriting announcements and originations concerning financial support over Station 
W264AS.  
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 Bureau 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) “Community Radio Foundation of Florida, Inc.” and “Community Radio” mean the 
permittee of FM translator station W277BO, Malabar, Florida (Facility ID 158421) and 
new FM station in Marietta, Ohio (Facility ID 176826).
(f) “Compliance Plan” means the program described in this Consent Decree at Paragraph 13.
  
7 See 47 U.S.C. §§ 399b, 310(d).
8 See 47 C.F.R. §§ 73.503(d), 73.3540, 74.1231(g).
Federal Communications Commission DA 11-862
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(g) “Compliance Officer” means the individual designated in Paragraph 13.a. of this Consent 
Decree as the person responsible for administration of the Compliance Plan.
(h) “Effective Date” means the date on which the Commission releases the Adopting Order.
(i) “Investigation” means the investigation commenced by the Bureau’s June 23, 2010, 
Letter of Inquiry9 regarding whether the Licensee violated the Underwriting Laws and 
Origination Laws in connection with its operation of Station W264AS on October 27, 
2009, October 29, 2009, and February 26, 2010; and whether the Licensee violated the 
Unauthorized Transfer of Control Laws by transferring control of the Stations without 
obtaining prior consent of the FCC.
(j) “Licensee” means David Carus & Associates as licensee of the Stations.
(k) “Origination Laws” mean 47 C.F.R. § 74.1231(g).
(l) “Parties” mean the Licensee and the Bureau, and each is a “Party.”
(m) “Principal” means David S. Carus, President of David Carus & Associates.
(n) “Public Radio Information Services of Central Florida, Inc.” means the permittee of low 
power FM station WNRG-LP, Palm Bay, Florida (Facility ID 135652).
(o) “Randy Bennett” means the Director of Public Radio Information Services of Central 
Florida, Inc.
(p) “Rules” mean the Commission’s regulations found in Title 47 of the Code of Federal 
Regulations.
(q) “Stations” mean FM Translator Stations W264AS, Rockledge, Florida (Facility ID No. 
144128) and W272BA, Cocoa Beach, Florida (Facility ID No. 144133), and Aural Studio 
Transmitter Link WQEQ835, Indialantic, Florida.
(r) “Station W264AS” means FM Translator Station W264AS, Rockledge, Florida (Facility 
ID No. 144128).
(s) “Station W272BA” means FM Translator Station W272BA, Cocoa Beach, Florida 
(Facility ID No. 144133).
(t) “Unauthorized Transfer of Control Laws” mean 47 U.S.C. § 310(d) and 47 C.F.R. § 
73.3540. 
(u) “Underwriting Laws” mean 47 U.S.C. § 399b and 47 C.F.R. § 73.503(d).
  
9 See Letter from Anjali K. Singh, Acting Assistant Chief, Investigations and Hearings Division, Enforcement 
Bureau, Federal Communications Commission, to David Carus & Associates, dated June 23, 2010.
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II. BACKGROUND
3. The Unauthorized Transfer of Control Laws prohibit a licensee from transferring control 
of a Commission license without prior Commission authorization.10  
4. The Underwriting Laws define advertisements as program material broadcast “in 
exchange for any remuneration” and intended to “promote any service, facility, or product” of for-profit 
entities.11 Section 399B(b)(2) specifically provides that noncommercial educational stations may not 
broadcast advertisements.12 Although contributors of funds to such stations may receive on-air 
acknowledgements of their support, the Commission has held that such acknowledgements may be made 
for identification purposes only, and should not promote the contributors’ products, services, or 
businesses.13 Specifically, such announcements may not contain comparative or qualitative descriptions, 
price information, calls to action, or inducements to buy, sell, rent or lease.14 At the same time, however, 
the Commission has acknowledged that it is at times difficult to distinguish between language that 
promotes versus that which merely identifies the underwriter and is consistent with the Rules and 
decisions establishing compliant underwriting announcements.  Consequently, the Commission expects 
licensees to exercise reasonable, “good faith” judgment in this area, and affords some latitude to the 
judgments of licensees who do so.15  
5. The Origination Laws impose restrictions on the content, length, and frequency of 
licensee-originated program material broadcast over translator stations.  Specifically, such originations 
shall be limited to emergency warnings of imminent danger and to seeking or acknowledging support 
deemed necessary to the continued operation of the translator.  Originations concerning financial support 
are limited to a total of thirty (30) seconds per hour.16 Acknowledgments of support may identify the 
contributors and the size or nature of the contributions and may contain their advertising messages.17 The 
same restrictions that apply to messages aired by noncommercial FM stations apply to noncommercial 
FM translator facilities, however.18  
6. On June 23, 2010, based on information gathered by the Bureau’s Tampa Field Office, 
the Bureau issued a Letter of Inquiry to the Licensee, directing the Licensee, among other things, to 
submit sworn written statements in response to questions relating to possible violations of the above-
  
10 See 47 U.S.C. § 310(d); 47 C.F.R. § 73.3540.
11 See 47 U.S.C. § 399b(a).
12 See 47 U.S.C. § 399b(b)(2).
13 See Commission Policy Concerning the Noncommercial Nature of Educational Broadcasting Stations, Public 
Notice (1986), republished, 7 FCC Rcd 827 (1992).
14 See id.
15 See Xavier University, Letter of Admonition, issued November 14, 1989 (Mass Med. Bur.), recons. granted, 
Memorandum Opinion and Order, 5 FCC Rcd 4920 (1990).
16 See 47 C.F.R. § 74.1231(g). 
17 See id.
18 See Great Lakes Community Broadcasting, Inc., Memorandum Opinion and Order, 18 FCC Rcd 25101, 25103-04 
(Enf. Bur., Investigations & Hearings Div. 2003) (citing Amendment of Part 74 of the Commission's Rules 
Concerning FM Translator Stations, Report and Order, 5 FCC Rcd 7212, 7217 (1990)).  See also 47 C.F.R. § 
74.1201 (referring to a noncommercial FM translator as an FM broadcast translator station which rebroadcasts the 
signals of a noncommercial educational AM or FM radio broadcast station).
Federal Communications Commission DA 11-862
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described laws.19 The Licensee responded on August 23, 2010 and September 2, 2010, and provided a 
recording of some of the inquired-of material.20  
7. In its Response, the Licensee admits that it, through an agreement with Community 
Radio Foundation of Florida, Inc., permittee of FM translator station W277BO, Malabar, Florida (Facility 
ID 158421) and new FM station in Marietta, Ohio (Facility ID 176826) (“Community Radio”), 
transferred full ownership in the Stations to Community Radio on November 19, 2004 without prior 
Commission approval, and that Randy Bennett, Director of Public Radio Information Services of Central 
Florida, Inc.,21 and/or Community Radio has maintained control of the Stations’ facilities ever since.22 In 
its Response, the Licensee neither admits nor denies violating the Underwriting Laws.23 The evidence in 
this case also establishes that the Licensee may have violated the Origination Laws by airing underwriting 
messages in excess of the thirty-second per hour limitation set forth in the Rules, which the Licensee does 
not dispute.24  
8. With respect to the issue of its ability to pay any forfeiture amount assessed, the Licensee 
also provided documentation to support its claim of significant financial hardship.25 Commission records 
indicate that Station W272BA has suspended operations and has authority to remain silent.26 Commission 
records also indicate that Station W264AS has suspended operations and has authority to remain silent.27  
The terms of the Consent Decree reflect the Bureau’s consideration of the Licensee’s limited ability to 
pay and the fact that Station W272BA and Station W264AS have suspended operations under authority 
granted by the Commission.   
III. TERMS OF AGREEMENT
9. 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.
10. Jurisdiction.  The Licensee agrees that the Bureau has jurisdiction over it and the matters 
contained in this Consent Decree and has the authority to enter into and adopt this Consent Decree.  
  
19 See supra note 3.
20 See Letter from David S. Carus, President of David Carus & Associates, LLC, to Anjali K. Singh, Acting 
Assistant Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, 
filed August 23, 2010 (“Response”); E-mail from David Carus, President of David Carus & Associates, LLC, to 
Melissa Marshall, Attorney Advisor, Investigations and Hearings Division, Enforcement Bureau, Federal 
Communications Commission, submitted September 2, 2010.  
21 Public Radio Information Services of Central Florida, Inc. is the permittee of low power FM station WNRG-LP, 
Palm Bay, Florida (Facility ID 135652).
22 See Response at 3-6. 
23 See id. at 1-2.
24 See 47 C.F.R. § 74.1231(g). 
25 See E-mail from David S. Carus, President of David Carus & Associates, LLC, to Melissa Marshall, Attorney 
Advisor, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, 
submitted November 9, 2010.  
26 See FCC File No. BLSTA-20101026AAX.  
27 See FCC File No. BLSTA-20110103AAM.
Federal Communications Commission DA 11-862
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11. Effective Date; Violations.  The Parties agree that this Consent Decree shall become 
effective on the date on which the Bureau 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.
12. 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 with respect to the Licensee and its Principal.28 In consideration for the 
termination of said Investigation, the Licensee 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 of the Consent Decree, 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 the Licensee and its Principal concerning the matters that 
were the subject of the Investigation.29 The Bureau also agrees that it will not use the facts developed in 
this Investigation through the Effective Date of this Consent Decree, 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 the Licensee and its Principal with respect to the Licensee’s basic qualifications, including 
its character qualifications, to be a Commission licensee.30  
13. Compliance Plan.  For purposes of settling the matters set forth herein, the Licensee 
agrees to create and implement within thirty (30) days of the Effective Date a Compliance Plan related to 
future compliance with the Act, the Rules, and the Commission’s Orders.  The Compliance Plan shall 
include, at a minimum, the following components:31
a. Compliance Officer.  The Licensee shall designate an individual to serve as its 
Compliance Officer, who shall be responsible for administering the Compliance Plan.  In 
discharging such duties, the Compliance Officer, if not an FCC regulatory counsel, shall 
consult with and be assisted by outside FCC regulatory counsel.
b. Counsel Consultation.  The Licensee shall consult with outside FCC regulatory counsel 
regarding the Licensee’s overall compliance with the Unauthorized Transfer of Control 
Laws, the Underwriting Laws, and the Origination Laws on an annual basis, if not more 
frequently.
c. Review Procedure.  The Licensee shall utilize a review procedure for underwriting 
content to be aired on Station W264AS and Station W272BA.  All scripts of 
  
28 This termination is without prejudice to the Commission’s and/or the Bureau’s prosecution of other individuals 
and/or entities in this proceeding (EB-05-IH-1022) or any investigation or matter related to this proceeding. 
29 See infra Paragraph 22.  
30 See id.  
31 While Station W272BA and Station W264AS have suspended operations under authority granted by the 
Commission, the obligations set forth in Paragraphs 13.c., 13.d., 13.e., and 13.f. of this Consent Decree will not 
apply with respect to those stations; such provisions, however, must be complied with immediately upon resumption 
of operations or expiration of the authority.  
Federal Communications Commission DA 11-862
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announcements shall be reviewed by the Licensee or its Compliance Officer, prior to 
broadcast, for compliance with the Underwriting Laws.
d. Training.  The Licensee shall train any and all employees on acceptable underwriting 
content that complies with the Underwriting Laws.  Within thirty (30) days of being hired 
by the Licensee, any new Licensee employee shall be trained as to acceptable 
underwriting content that complies with the Underwriting Laws.  In addition, the 
Licensee’s employees shall receive refresher training, on an annual basis, regarding 
existing guidelines and, where applicable, pertinent changes to the Underwriting Laws.   
e. Education Program.  The Licensee shall implement and maintain a plan to educate 
prospective underwriters about appropriate underwriting content and how the Licensee 
incorporates such underwriting content in the messages that it prepares for underwriter 
approval and eventual broadcast.  To that end, the Licensee shall summarize the 
Underwriting Laws for each client before it accepts any contract with the prospective 
underwriter to air underwriting messages over Station W264AS and Station W272BA 
and prepares the underwriting message for the underwriter’s review.  The Licensee shall 
not broadcast any announcement that does not comply with the Underwriting Laws.
f. Origination.  Station W264AS and Station W272BA shall not air underwriting messages 
in excess of the thirty-second per hour limitation pursuant to the Origination Laws.
g. Employment; Control.  The Licensee shall not allow Randy Bennett and/or Community 
Radio Foundation of Florida, Inc. to work for, contract for, consult for, or hold any 
ownership interest (outright or beneficial, through any mechanism, including de facto
control)32 in the Licensee and the Stations.
h. Assignment.  The Licensee shall not assign any of the authorizations of the Stations to 
Randy Bennett and/or Community Radio Foundation of Florida, Inc. or to any entity in 
which Randy Bennett and/or Community Radio Foundation of Florida, Inc. holds any 
ownership interest (outright or beneficial, though any mechanism, including de facto
control).33
i. Termination Date.  Unless stated otherwise, the requirements of this Compliance Plan 
will expire three (3) years after the Effective Date or upon the Licensee’s complete 
assignment of all Commission licenses, whichever is earlier.34
14. Cooperation.  The Principal agrees to make his best efforts to cooperate with the
  
32 In determining de facto control, the Commission traditionally looks beyond the legal title to whether an entity or 
individual has obtained the right to determine the basic operating policies of the station.  See WHDH, Inc., 
Memorandum Opinion and Order, 17 FCC 2d 856 (1969), aff'd sub nom., Greater Boston Television Corp. v. FCC, 
444 F.2d 841 (D.C. Cir. 1970), cert. denied, 403 U.S. 923 (1971).  While such an analysis transcends formulas, the 
Commission generally looks to policies concerning programming, personnel, and finances to make this 
determination.  See, e.g., Stereo Broadcasters, Inc., Decision, 87 FCC 2d 87 (1981), recon. denied, 50 RR 2d 1346 
(1982).
33 See supra note 26.
34 There is a pending application to assign the authorizations for Station W272BA and Station W264AS to National 
Christian Network, Inc.  See FCC File No. BALFT-20110107AER.
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Commission and the Bureau and provide written statements and/or serve as a witness as requested in any 
other investigations conducted by the Commission or the Bureau and/or hearings involving the 
Commission as part of this proceeding (EB-05-IH-1022).  As part of such cooperation, the Principal, as 
an officer of the court, commits to telling the truth.  Any such cooperation provided shall be limited to the 
facts and circumstances within the knowledge of the Licensee and its Principal as it pertains to matters 
subject to this investigation.  This commitment shall extend throughout the duration of such proceedings 
regardless of whether David Carus & Associates is still the licensee of any of the Stations.  
Notwithstanding this provision, the Commission, Bureau, and the Principal reserve any and all legal 
rights that they would otherwise have.  
15. Updated Contact Information.  The Principal agrees to provide to the Commission any 
updated contact information (phone number and/or mailing address) for him for the next three (3) years 
after the Effective Date.  This information should be submitted to Chief, Investigations and Hearings 
Division, Enforcement Bureau, Federal Communications Commission, Room 4-C330, 445 12th Street, 
S.W., Washington, D.C.  20554.
16. Compliance Reports.  The Licensee shall file compliance reports with the Commission 
ninety (90) days after the Effective Date, twelve (12) months after the Effective Date, twenty-four (24) 
months after the Effective Date, and upon expiration of the Compliance Plan in this Consent Decree, as 
defined above in Paragraph 13.i. of the Compliance Plan.  This compliance reporting requirement will 
expire three (3) years after the Effective Date or upon the Licensee’s complete assignment of all 
Commission licenses, whichever is earlier.  Each compliance report shall include a compliance certificate 
from the Compliance Officer, as defined in Paragraph 13.a. of the Compliance Plan, as an agent of the 
Licensee, stating that the Compliance Officer has personal knowledge that the Licensee:  (i) has 
established operating procedures intended to ensure compliance with the terms and conditions of this 
Consent Decree, the Unauthorized Transfer of Control Laws, the Underwriting Laws, and the Origination 
Laws, together with an accompanying statement explaining the basis for the Compliance Officer’s 
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 certification must comply with 
section 1.16 of the Rules35 and be subscribed to as true under penalty of perjury in substantially the form 
set forth therein.  If the Compliance Officer cannot provide the requisite certification, the Compliance 
Officer, as an agent of and on behalf of the Licensee, shall provide the Commission with a detailed 
explanation of:  (i) any instances of non-compliance with this Consent Decree, the Unauthorized Transfer 
of Control Laws, the Underwriting Laws, or the Origination Laws; and (ii) the steps that the Licensee 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, Room 4-C330, 445 12th Street, S.W., Washington, D.C. 20554, with a copy submitted 
electronically to Anjali Singh at Anjali.Singh@fcc.gov, and to Melissa Marshall at 
Melissa.Marshall@fcc.gov.  
17. Voluntary Contribution.  The Licensee agrees that it will make a voluntary contribution 
to the United States Treasury in the amount of six thousand five hundred dollars ($6,500).  The payment 
will be made within thirty (30) calendar days after the Effective Date of the Adopting Order.  The 
payment must be made by check or similar instrument, payable to the order of the Federal 
Communications Commission.  The payment must include the NAL/Account Number and FRN Number 
referenced in the caption to the Adopting 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 
  
35 See 47 C.F.R. § 1.16.
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overnight mail may be sent to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005 
Convention Plaza, St. Louis, MO 63101.  Payment 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 NAL/Account number in block number 23A (call sign/other ID), and enter the letters “FORF” in 
block number 24A (payment type code).  The Licensee will also send electronic notification on the date 
said payment is made to Terry.Cavanaugh@fcc.gov, Anjali.Singh@fcc.gov, and 
Melissa.Marshall@fcc.gov.
18. Waivers.  The Licensee waives any and all 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.  The Licensee shall 
retain the right to challenge Commission interpretation of the Consent Decree or any terms contained 
herein.  If either Party (or the United States on behalf of the Commission) brings a judicial action to 
enforce the terms of the Adopting Order, neither the Licensee nor the Commission shall contest the 
validity of the Consent Decree or the Adopting Order, and the Licensee shall waive any statutory right to 
a trial de novo.  The Licensee 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.
19. Invalidity.  In the event that this Consent Decree in its entirety is rendered invalid by any 
court of competent jurisdiction, it shall become null and void and may not be used in any manner in any 
legal proceeding.
20. 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 the Licensee does not expressly 
consent) that provision will be superseded by such Commission rule or Order.
21. Admission of Liability. Notwithstanding any of the Licensee's prior submissions in this 
proceeding, the Licensee admits, for Commission civil enforcement purposes and in express reliance on 
the provisions of Paragraph 12 herein, that its actions with respect to the ownership and control of the 
Stations and the broadcast of underwriting announcements and originations referenced in Paragraph 7 
herein violated the Commission regulations and requirements in force at the time of such actions.
22. Investigation of Other Individuals and/or Entities in Proceeding.  The Commission 
and the Bureau retain their authority to investigate the conduct of other individuals and/or entities in this 
proceeding (EB-05-IH-1022) or any investigation or matter related to this proceeding.  The Commission 
and the Bureau reserve the right to use facts developed during the course of this Investigation in any 
investigation of other individuals and/or entities in this proceeding (EB-05-IH-1022) or any investigation 
or matter related to this proceeding.  
23. Final Settlement.  The Parties agree and acknowledge that this Consent Decree shall 
constitute a final settlement between the Parties.36
  
36 The Consent Decree between the Bureau and David Carus & Associates applies only to David Carus & Associates 
as a corporate licensing entity and its Principal and does not constitute a settlement between the Commission or the 
Bureau and any other individuals and/or entities in this proceeding (EB-05-IH-1022) or any investigation or matter 
related to this proceeding. 
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24. Modifications.  This Consent Decree cannot be modified without the advance written 
consent of both Parties.
25. 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.
26. Authorized Representative.  Each party represents and warrants to the other that it has 
full power and authority to enter into this Consent Decree.
27. 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
________________________________
David S. Carus
President
David Carus & Associates
________________________________
Date