**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | File No. EB-03-IH-0481       |
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| **RADIO & INVESTMENTS, INC.**    | ) | FRN No. 0006638720           |
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| Licensee of Stations KFRA(AM)    | * | Facility ID No. 22307        |
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|                                  | * | Facility ID No. 22310        |
| KDDK(FM),                        | * |                              |
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| Franklin, Louisiana              | * |                              |
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**ORDER**

**Adopted: January 15, 2005 Released: January 18, 2005**

By the Chief, Enforcement Bureau:

1.  The Enforcement Bureau (the "Bureau") has been investigating whether
    Radio & Investments, Inc. ("RII"), licensee of Stations KFRA(AM) and
    KDDK(FM) (formerly KFMV(FM)), Franklin, Louisiana, has engaged in an
    unauthorized transfer of control of the stations and violated
    various technical requirements, contrary to the Communications Act
    of 1934, as amended, and the Commission's rules.

2.  By this *Order*, we adopt the attached Consent Decree entered into
    between the Bureau and RII, which is incorporated by reference
    herein.

3.  We have reviewed the Consent Decree and evaluated the circumstances
    underlying the Bureau's investigation. We believe that the public
    interest would be served by adopting the Consent Decree and
    terminating the investigation.

4.  ACCORDINGLY, IT IS ORDERED that, pursuant to section 4(i) of the
    Communications Act of 1934, as amended,[^1] and sections 0.111 and
    0.311 of the Commission's rules,[^2] the Consent Decree attached
    hereto IS ADOPTED.

5.  IT IS FURTHER ORDERED, that the investigation by the Enforcement
    Bureau IS TERMINATED.

6.  IT IS FURTHER ORDERED, that copies of this *Order* shall be sent by
    certified mail, return receipt requested to Kenneth R. Noble II,
    President, Radio & Investments, Inc., 308

Verdunville Road, Franklin, Louisiana 70538, and to its counsel, Aaron
Shainis, Esq., Shainis & Peltzman, Chartered, 1850 M Street, N.W., Suite
240, Washington, DC 20036.

**FEDERAL COMMUNICATIONS COMMISSION**

David H. Solomon

Chief, Enforcement Bureau

**[CONSENT DECREE]{.underline}**

# I. Introduction

1\. This Consent Decree is entered into by the Enforcement Bureau of the
Federal Communications Commission and Radio & Investments, Inc., the
licensee of Stations KFRA(AM) and KDDK(FM), Franklin, Louisiana.

**II. Definitions**

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

a)  "RII" refers to Radio & Investments, Inc., a Louisiana corporation,
    and its successors and assigns to the extent indicated in Paragraph
    14 below;

b)  "Bureau" means the Enforcement Bureau of the Federal Communications
    Commission;

c)  "Parties" means the Bureau and RII;

d)  "Non-Related Company" means a company or organization in which
    Kenneth R. Noble II, K. Ray Noble III or R. Joseph Noble,
    individually or collectively, is not an officer, director, partner,
    member, manager or holder (either directly or indirectly) of an
    ownership interest.

e)  "Commission" or "FCC" means the Federal Communications Commission;

f)  "Engineer" means a registered professional engineer who is
    experienced in broadcasting operations and regulations and who is
    retained by RII;

g)  "RII Stations" means Station KFRA(AM) (Facility ID No. 22307) and
    Station KDDK(FM) (formerly KFMV(FM)) (Facility ID No. 22310), both
    licensed to Franklin, Louisiana;

h)  "Licenses" means all authorizations, permits and licenses issued by
    the Commission in connection with the operation of the RII Stations;

i)  "Act" means the Communications Act of 1934, as amended, 47 U.S.C.
    Section 151 *et seq.*;

j)  "Rules" means the Commission's regulations set forth in Title 47 of
    the Code of Federal Regulations;

k)  "Order" means an order of the Bureau adopting this Consent Decree;

l)  "Effective Date" means the date on which the Bureau releases the
    Order;

m)  "Checklists" means the FCC's Broadcast Self-Inspection Checklists
    (http://www.fcc.gov/eb/bc-chklsts/) as of the Effective Date; and

n)  "Violations" means the violations of the Act and the Rules by RII,
    as set forth in Table I, attached, which is incorporated herein and
    forms a part of this Consent Decree.

# III. Background

3\. On June 21 and 22, 2001, the Bureau's New Orleans Field Office
attempted an inspection of the RII Stations. That effort resulted in the
commencement of an investigation by the Bureau which revealed various
Violations involving the RII Stations by RII and its
predecessor-in-interest, FM Radio, L.C., as described in Table I.[^3]

4\. RII has committed to complete the remedial measures and other
undertakings contemplated by this Consent Decree.

# 

# IV. Agreement

5\. RII and the Bureau agree to be legally bound by the terms and
conditions of this Consent Decree. RII and the Bureau each represent and
warrant that its signatory is duly authorized to enter into this Consent
Decree on its behalf. RII agrees that the Bureau has jurisdiction over
the matters contained in this Consent Decree.

6\. RII hereby admits to having committed the Violations.

7\. In express reliance upon the undertakings contained herein, the
Bureau agrees to terminate its investigation into the matters discussed
in paragraph 3 above. The Bureau agrees that it will not use the
Violations in any action against RII and/or Kenneth R. Noble II,
provided that RII satisfies all of its obligations under this Consent
Decree. In the event that RII fails to satisfy any of its obligations
under this Consent Decree, the Bureau may take any enforcement action
available pursuant to the Act and the Rules with respect to the
Violations, any further violations of the Act or the Rules by RII or
Kenneth R. Noble II, and/or the violation of this Consent Decree.

8\. RII will make a voluntary contribution to the United States Treasury
in the amount of Twenty Thousand Dollars (\$20,000), payable in
installments in accordance with the schedule set forth on Table II,
attached, which is incorporated herein and forms a part of this Consent
Decree. RII will make each installment of this contribution on a timely
basis without further protest or recourse, by check or similar
instrument, payable to the order of the Federal Communications
Commission. Each payment must include Acct. No. 200532080011 and FRN No.
0006638720. Any payment by check or money order may be mailed to
Forfeiture Collection Section, Finance Branch, Federal Communications
Commission, P.O. Box 73482, Chicago, Illinois 60673-7482. Any payment by
overnight mail may be sent to Bank One/LB 73482, 525 West Monroe, 8^th^
Floor Mailroon, Chicago, Illinois 60661. Any payment by wire transfer
may be made to ABA Number 071000013, receiving bank Bank One, and
account number 1165259.

9\. Within ninety (90) days from the Effective Date, RII will inspect
the RII Stations and certify, in writing (supported by a written
certification from the Engineer participating in the inspection with
respect to engineering matters), that (a) each Violation has been
remedied, and (b) each station is in compliance with all Rules and all
terms and conditions of its Licenses.[^4] The Checklists will be used as
a guide for conducting such inspection and making such certification.
For each RII Station that RII either fails or is unable to certify as
having remedied each Violation, RII must surrender for cancellation all
Licenses for that station at the time that such certification is due
pursuant to Paragraph 11 hereof. For each RII Station that RII either
fails or is unable to certify as being in compliance with all Rules and
all terms and conditions of its Licenses, for reasons unrelated to the
Violations, RII must certify in writing that such station will come into
compliance in no less than ninety (90) days, and must provide a written
certification of compliance from RII (supported by a written
certification of compliance from the Engineer with respect to any
engineering matters) within such period. For each RII Station that RII
either fails or is unable to certify as having come into compliance in
such time period, RII must surrender for cancellation all Licenses for
that station at the time that such certification is due pursuant to
Paragraph 11 hereof.

10\. On or before January 1, 2006 (but no earlier than December 1,
2005), and January 1, 2007 (but no earlier than December 1, 2006), RII
will inspect the RII Stations and certify in writing (supported by a
written certification of compliance from the Engineer participating in
the inspection with respect to engineering matters) that each station is
in compliance with all Rules and all terms and conditions of its
Licenses. The Checklists will be used as a guide for conducting each
inspection and making each certification. In the event that one or both
of the RII Stations has temporarily discontinued operation pursuant to
47 C.F.R. § 73.1740(a)(4), the inspection and certification will be
delayed until operation is resumed on both stations, provided that any
delay beyond sixty (60) days will be deemed a failure to certify. The
failure by or inability of RII to so certify in any instance will result
in enforcement action by the Bureau against RII, at the Bureau's
discretion.

11\. All certifications referenced in Paragraphs 9 and 10 above must be
delivered to the Chief of the Investigations and Hearings Division of
the Bureau within fourteen (14) days of the applicable inspection
deadline.

12\. RII will provide the Chief of the Investigations and Hearings
Division of the Bureau with a copy of any time brokerage agreement,
joint sales agreement or any agreement that contemplates another party
providing more than half of the programming or commercial advertising on
either of the RII Stations, within fourteen (14) days of execution of
such agreement, for a period of five (5) years from the Effective Date.
In addition, RII will simultaneously serve on the Chief of the
Investigations and Hearings Division of the Bureau a copy of any
agreement that it files with the Commission pursuant to section
73.3613(d) of the Rules. RII represents and warrants that no agreement
subject to this Paragraph 12 is currently in effect.

13\. RII agrees that any violation by it of this Consent Decree,
including but not limited to its failure to make any of the payments
required by Paragraph 8 hereof, will constitute a separate violation of
a Commission order and subject RII to appropriate administrative
sanctions.

14\. This Consent Decree will be binding on RII's successors and
assigns, provided that in the event of an assignment of the Licenses to
a Non-Related Company, only the obligations of Paragraph 8 will be
binding on the assignee.

15\. RII 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,
provided the Order adopts the Consent Decree without change, addition or
modification.

16\. RII agrees to waive any claims it may otherwise have under the
Equal Access to Justice Act, 5 U.S.C. Section 504 and 47 C.F.R. Section
1.1501 *et seq.*, relating to the matters discussed in this Consent
Decree.

17\. RII and the Bureau agree that the effectiveness of this Consent
Decree is expressly contingent upon issuance of the Order, provided the
Order adopts the Consent Decree without change, addition or
modification.

18\. RII and the Bureau agree that if RII, 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 RII nor the
Commission will contest the validity of the Consent Decree or Order, and
RII and the Commission will waive any statutory right to a trial *de
novo* with respect to any matter upon which the Order is based (provided
in each case that the Order is limited to adopting the Consent Decree
without change, addition, or modification), and will consent to a
judgment incorporating the terms of this Consent Decree.

19\. RII and the Bureau agree that, in the event that this Consent
Decree is rendered invalid by any court of competent jurisdiction, it
will become null and void and may not be used in any manner in any legal
proceeding.

20\. This Consent Decree may be signed in counterparts and/or by
telecopy and, when so executed, the counterparts, taken together, will
constitute a legally binding and enforceable instrument whether executed
by telecopy or by original signatures.

RADIO & INVESTMENTS, INC.

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

Kenneth R. Noble II, President

Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

> ENFORCEMENT BUREAU

FEDERAL COMMUNICATIONS COMMISSION

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

David H. Solomon, Chief

Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**TABLE I**

**VIOLATIONS**

  ---------------------- ------------------------ ------------------------
  **Violation**          **Citation**             **Station(s)**

  Unauthorized Transfer  47 U.S.C. § 310(d)       KFRA, KDDK
  of Control                                      

  Failure to             47 C.F.R. §§ 11.35,      KFRA, KDDK
  Install/Maintain EAS   73.1250, 73.1300,        
  Equipment              73.1350(h)               

  Failure to Register    47 C.F.R. § 17.4(a)(1),  KDDK
  Antenna Structure and  (g)                      
  Post Registration                               

  Failure to             47 C.F.R. § 73.1125      KFRA, KDDK
  Maintain/Staff Main                             
  Studio                                          

  Failure to Designate   47 C.F.R. §§             KFRA, KDDK
  Chief Operator         73.1350(a)-(c), 73.1870  

  Excess operating power 47 C.F.R. § 73.1560(b)   KDDK

  Failure to conduct     47 C.F.R. §              KFRA
  equipment performance  73.1590(a)(6)            
  measurements                                    

  Failure to maintain    47 C.F.R. §§ 73.1800,    KFRA, KDDK
  station logs           73.1820, 73.1840         

  Failure to maintain    47 C.F.R. § 73.3526      KFRA, KDDK
  public file and make                            
  public file available                           
  ---------------------- ------------------------ ------------------------

**TABLE II**

**PAYMENT SCHEDULE**

  ---------------------------------- ------------------------------------
  **Date**                           **Amount**

  January 17, 2005                   \$5007

  February 15, 2005                  \$1363

  March 15, 2005                     \$1363

  April 15, 2005                     \$1363

  May 16, 2005                       \$1363

  June 15, 2005                      \$1363

  July 15, 2005                      \$1363

  August 15, 2005                    \$1363

  September 15, 2005                 \$1363

  October 17, 2005                   \$1363

  November 15, 2005                  \$1363

  December 15, 2005                  \$1363
  ---------------------------------- ------------------------------------

[^1]: 47 U.S.C. § 154(i).

[^2]: ^?^ 47 C.F.R. §§ 0.111, 0.311.

[^3]: Both FM Radio, L.C. and RII are controlled by Kenneth R. Noble II,
    the President of RII. FM Radio, L.C. was the licensee of the RII
    Stations until March 4, 2004, when it consummated a *pro forma*
    assignment of the licenses of those stations to RII. *See* FCC File
    Nos. BAL-20031224AAB and BALH-20031224AAA.

[^4]: ^?^ The Parties agree that RII will establish its remediation of
    the violation of 47 U.S.C. § 310(d) by

    providing the Bureau with an affidavit or declaration from RII's
    President that RII is in sole control of the

    programming, personnel and finances of each RII Station. The Parties
    further agree that a certification of remediation and a
    certification of compliance may be made, notwithstanding any
    non-material violation(s) by RII of 47 C.F.R. § 73.3526. Any such
    violation(s) will be deemed non-material for purposes of this
    Consent Decree if the public inspection file is substantially
    complete. The Parties further agree that RII will establish its
    remediation of 47 C.F.R. §§ 73.1800, 73.1820 and 73.1840 by
    maintaining station logs in accordance with those rules from and
    after the Effective Date.