FCC 961-2 Federal Communications Commission Record 11 FCC Red No. 8 
Before the 
Federal Communications Comn:iission 
Washington, D.C. 20554 
MM Docket No. 90-84 
In re Applications of 
RADIO 
REPRESENTATIVES, INC. 
KASAMOKU 
KA PAWA 
BROADCASTING, INC. 
File No. BPH-870910MD 
File No. BPH-870910MZ 
For Construction Permit For A New 
FM Station on Channel 290C 
Honolulu, Hawaii 
ORDER 
Adopted: January 29, 1996; Released: January 30, 1996 
By the Assistant General Counsel, Administrative Law 
Division: 
1. This order grants the Joint Request for Approval of 
Settlement Agreement and for Dismissal of Application 
filed by Radio Representatives, Inc. (RRI) and Kasa Moku 
Ka Pawa Broadcasting, Inc. (KMKP) on December 14, 
1995. Comments in support of the Joint Request were filed 
by the Mass Media Bureau on January 25, 1996. 
2. By its Order, 8 FCC Red 8549 ( 1992), the Commis­
sion affirmed the Review Board's Decision. 7 FCC Red 
6052 (Rev. Bd. 1992), recon. denied; 8 FCC Red 3636 (Rev. 
Bd. 1993), granting KMKP's application. Thereafter, RRI 
filed a Petition for Reconsideration of the Commission's 
denial of its application on January 10. 1994. 1 
3. The parties have now entered into a settlement agree­
ment which they have attached to their Joint Request. 
Pursuant to that agreement, KMKP would pay RRI a total 
of $40,000.00, KMKP's application would be granted and 
RRI's application would be dismissed. 
4. The Joint Request complies in all respects with the 
provisions of 47 U.S.C. § 31 l(c) and pertinent require­
ments of 47 C.F.R. § 73.3525(a) governing settlement 
agreements. The applicants have provided sworn statements 
that there is no other consideration for the dismissal of this 
application, that these applications were not filed for the 
purpose of reaching or carrying out a settlement agree­
ment, and that approval of the agreement will serve the 
public interest by facilitating the institution of new FM 
service for Honolulu, Hawaii, and by terminating this liti-
1 KMKP filed a Motion to Accept Late Pleading and an Opposi­
tion to the Petition for Reconsideration on January 27, 1994. 
RR! filed both an Opposition to Motion to Accept Late Pleading 
and a Reply to Opposition to Petition for Reconsideration on 
February 2, 1994. 
4112 
gation. Finally, the payment to be made to RRI is of no 
consequence inasmuch as the Commission has waived the 
limitation on the amount that may be paid to a dismissing 
applicant in circumstances such as are presented here. 
Public Notice, 10 FCC Red 12182 (1995). 
5. ACCORDINGLY, IT IS ORDERED, That the Joint 
Request for Approval of Settlement Agreement and for 
Dismissal of Application filed by Radio Representatives, 
Inc. and Kasa Moku Ka Pawa Broadcasting, Inc. on De­
cember 14, 1995 IS GRANTED; that the attached settle­
ment agreement IS APPROVED; that the Petition for 
Reconsideration filed January 10, 1994 by Radio Repre­
sentatives, Inc. and the Motion for Leave to Accept Late 
Pleading filed January 27, 1994 by Kasa Moku Ka Pawa 
Broadcasting, Inc. ARE DISMISSED; that the application 
of Radio Representatives, Inc. (File No. BPH-870910MD) 
IS DISMISSED; that the application of Kasa Moku Ka 
Pawa Broadcasting, Inc. (File No. BPH-870910MZ) IS 
GRANTED; and that this proceeding IS TERMINATED. 
FEDERAL COMMUNICATIONS COMMISSION 
John I. Riffer 
Assistant General Counsel 
Administrative Law Division 
Office of General Counsel