######### CONSENT DECREE

1\. The Enforcement Bureau of the Federal Communications Commission (the
"Commission") and Robert J. Raide ("Raide") and Radio Corporation hereby
enter into this Consent Decree for the purpose of terminating a
proceeding arising from questions as to Raide's and Radio Corporation's
control of Station WKRH(FM), Minetto, New York.

**Background**

2\. On November 5, 1996, Raide filed an application to obtain the
license to cover construction of Station WKRH(FM), Minetto, New York.
The Mass Media Bureau granted that application on February 5, 1997. In
December 1996, Raide filed an application to assign the station's permit
to Radio Corporation (in which Raide holds one-third of the voting
shares). However, Mellon Bank apparently lost that application, and the
Commission thus never processed it. Nevertheless, Raide and Radio
Corporation acted as if the Commission granted the application. In this
regard, in February 1998, Radio Corporation mistakenly sought and
received renewal of license for Station WKRH.[^1] Notwithstanding the
erroneous grant to Radio Corporation, in March 2000, Raide resubmitted
his application to assign the license for Station WKRH, which the Mass
Media Bureau ultimately granted.[^2] However, on May 5, 2000, Raide and
Radio Corporation submitted to the Mass Media Bureau a statement titled
"Disclosure Concerning WKRH(FM)" ("Disclosure"). Therein, they informed
the Mass Media Bureau that Radio Corporation had controlled the station
from early 1997 until March 2000 under the mistaken belief that it was
the licensee. Consequently, the Mass Media Bureau rescinded the
assignment grant. The application to assign the WKRH license is pending.

**Definitions**

3\. For purposes of this Consent Decree, the following definitions shall
apply:

(a) The "Commission" means the Federal Communications Commission.

(b) The "Bureau" means the Enforcement Bureau of the Commission.

(c) Raide includes his immediate successors and assigns.

(d) Radio Corporation includes its immediate successors and assigns.

(e) "Order" means the Bureau's order adopting this Consent Decree.

(f) The "Act" means the Communications Act of 1934, as amended, 47
    U.S.C. §§ 151 *et seq.*

**Agreement**

4\. Raide and Radio Corporation acknowledge and agree that the
Commission has jurisdiction over the matters referenced in this Consent
Decree and that the Bureau has the authority to enter into and adopt
this Consent Decree.

5\. Raide, Radio Corporation and the Bureau acknowledge and agree that
this Consent Decree does not constitute either an adjudication on the
merits or a factual or legal finding or determination, regarding any
violation of Section 310(d) of the Act, 47 U.S.C. § 310(d), that may
have been committed with respect to Radio Corporation's involvement in
the operation of Station WKRH(FM), Minetto, New York, between February
1998 and March 2000. Raide, Radio Corporation and the Bureau acknowledge
and agree that this Consent Decree is for settlement purposes only and
that by agreeing to this Consent Decree, Raide and Radio Corporation do
not admit any violation.

6\. Raide, Radio Corporation and the Bureau acknowledge and agree that
this Consent Decree shall constitute a final settlement between them.

7\. In express reliance on the covenants and representations contained
herein, the Bureau shall not initiate a forfeiture proceeding relative
to the matters noted in the Order adopting this Consent Decree.

8\. Raide and Radio Corporation acknowledge and agree that, in
accordance with their May 2000 disclosure to the Commission, Raide
always has been the licensee of Station WKRH. Raide and Radio
Corporation further acknowledge and agree that, to the extent the
Commission's records ever reflected that Radio Corporation was the
licensee of Station WKRH, such was erroneous and of no legal
consequence. In this regard, Raide and Radio Corporation acknowledge and
agree that the Commission's records now correctly reflect that Raide is
the licensee of Station WKRH.

9\. Raide and Radio Corporation promise to comply with the requirements
of Section 310(d) of the Act with respect to the operation of Station
WKRH. In this regard, Raide will continue to fulfill his obligations as
licensee of WKRH until such time as the application to assign that
station's license from Raide to Galaxy (File No. BALH-20000308AAB) is
granted by the Commission and consummated by the parties to that
application.

10\. Raide and Radio Corporation, either individually or collectively,
shall make a voluntary contribution to the United States Treasury in the
total amount of eight thousand dollars (\$8,000). The contribution is to
be made within five (5) days after the Order adopting this Consent
Decree is no longer subject to reconsideration, appeal or review in
accordance with the Act and the Commission's rules.

11\. Raide and Radio Corporation waive any and all rights they 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 Order
adopts the Consent Decree without modification.

12\. The effectiveness of this Consent Decree is expressly contingent
upon issuance of the Order, provided the Order adopts the Consent Decree
without modification.

13\. In the event any court of competent jurisdiction renders this
Consent Decree invalid, the Consent Decree shall become null and void
and may not be used in any manner in any legal proceeding.

14\. If the Commission, or the United States on behalf of the
Commission, brings a judicial action to enforce the terms of the Order
adopting this Consent Decree, neither Raide, Radio Corporation, nor the
Commission will contest the validity of the Consent Decree or Order, and
Raide and Radio Corporation will waive any statutory right to a trial
*de novo*.

15\. Raide and Radio Corporation agree to waive any claims they may
otherwise have under the Equal Access to Justice Act, 5 U.S.C. § 504 and
47 C.F.R. §§ 1.1501 *et seq*.

16\. Any violation of the Consent Decree or the Order adopting this
Consent Decree will constitute a separate violation of a Commission
order, entitling the Commission to exercise any rights and remedies
attendant to the enforcement of a Commission order.

17\. Any provision of this Consent Decree affected by or inconsistent
with any subsequent rule or order adopted by the Commission will be
superseded by such Commission rule or order.

18\. This Consent Decree may be signed in counterparts.

FEDERAL COMMUNICATIONS COMMISSION

ENFORCEMENT BUREAU

By: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_

Jane E. Mago Date

Deputy Chief, Enforcement Bureau

By: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_

Robert J. Raide Date

RADIO CORPORATION

By: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_

Edward F. Levine Date

President

[^1]: *See* File No. BRH-19980202I3, granted May 20, 1998.

[^2]: The initial proposed assignee was Radio Corporation. By amendment
    filed March 31, 2000, Galaxy Communications, L.P. ("Galaxy"), was
    substituted as the proposed assignee. Raide holds a voting and
    equity interest in Galaxy's general partner and is an officer and
    director of that entity.