Federal Communications Commission DA 12-16 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of BASF SE and BASF CORPORATION Licensee of Various Authorizations in the Wireless Radio Services ) ) ) ) ) ) ) ) ) ) ) ) ) File No. EB-10-IH-4121 Acct. No. 201232080010 FRN No. 0020448510 FRN No. 0019696137 ORDER Adopted: January 13, 2012 Released: January 13, 2012 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (“Bureau”) of the Federal Communications Commission (“Commission”), BASF SE, and BASF Corporation (collectively, the “Companies”). The Consent Decree terminates an investigation by the Bureau into possible violations by the Companies of Section 310(d) of the Communications Act of 1934, as amended (the “Act”),1 and Section 1.948 of the Commission’s rules (“Rules”),2 which require that Commission approval be obtained prior to assignment or transfer of control of wireless radio station licenses. 2. A copy of the Consent Decree negotiated by the Bureau and the Companies 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 adopting the Consent Decree and terminating the investigation would serve the public interest. 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 Companies possess 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 Act,3 and Sections 0.111 and 0.311 of the Rules,4 the Consent Decree attached to this Order IS ADOPTED. 1 47 U.S.C. § 310(d). 2 47 C.F.R. § 1.948. 3 47 U.S.C. § 154(i). 4 47 C.F.R. §§ 0.111, 0.311. Federal Communications Commission DA 12-16 2 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by certified mail, return receipt requested, to counsel for the Companies, Brian W. Murray, Esq., Latham & Watkins LLP, 555 Eleventh Street, NW, Washington, DC 20004-1304. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau