Click here for Adobe Acrobat version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                                   Before the

                       FEDERAL COMMUNICATIONS COMMISSION

                             Washington, D.C. 20554


                                                 )                           
                                                                             
                                                 )                           
                                                                             
                                                 )                           
                                                                             
                                                 )                           
                                                                             
     In the Matter of                            )                           
                                                                             
     COMMERCIAL RADIO SERVICE, INC.              )                           
                                                                             
     Licensee of Private Land Mobile Stations    )                           
     WNDS861, Reelsville, Indiana; WNIL729,                                  
     Paxton, Indiana; WPCJ772, West Terre        )                           
     Haute, Indiana; and WPNU312 Greencastle,        EB DOCKET NO. 06-168    
     Indiana/West Terre Haute, Indiana           )                           
                                                     File No. EB-06-IH-1362  
     Licensee of Commercial Land Mobile          )                           
     Station WNGE348, West Terre Haute,              NAL Acct. No.           
     Indiana                                     )   200632080166            
                                                                             
     TIMOTHY M. DOTY                             )                           
                                                                             
     Licensee of General Radiotelephone          )                           
     Operator License PG1814366; and Amateur                                 
     Radio Operator and Licensee of Amateur      )                           
     Radio Station WB9MDC, West Terre Haute,                                 
     Indiana                                     )                           
                                                                             
                                                 )                           
                                                                             
                                                 )                           
                                                                             
                                                 )                           
                                                                             
                                                 )                           


                              SETTLEMENT AGREEMENT

    1. The Enforcement Bureau of the Federal Communications Commission,
       Commercial Radio Service, Inc., Timothy M. Doty, and Gary C. Doty
       hereby enter into this Settlement Agreement for the purpose of
       resolving and terminating the above-captioned proceeding initiated by
       an Order to Show Cause issued by the Commission on August 30, 2006.

    2. For purposes of this Settlement Agreement, the following definitions
       shall apply:

      a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S
         151 et seq.

      b. "Approving Order" means an order of the Presiding Administrative Law
         Judge or the Chief Administrative Law Judge approving this
         Settlement Agreement and terminating the proceeding in EB Docket No.
         06-168.

      c. "Any" shall be construed to include the word "all," and the word
         "all" shall be construed to include the word "any." Additionally,
         the word "or" shall be construed to include the word "and," and the
         word "and" shall be construed to include the word "or." The word
         "each" shall be construed to include the word "every," and the word
         "every" shall be construed to include the word "each."

      d. "Attributable Principal" means the following:

       1. in the case of a corporation, a party holding 10 percent or more of
          stock, whether voting or nonvoting, common or preferred;

       2. in the case of a limited partnership, a limited partner whose
          interest is 10 percent or greater (as calculated according to the
          percentage of equity paid in or the percentage of distribution of
          profits and losses);

       3. in the case of a general partnership, a general partner;

       4. in the case of a limited liability company, a member whose interest
          is 10 percent or greater;

      e. "Bureau" means the FCC's Enforcement Bureau.

      f. "Commission's Rules" means Part 47 of the Code of Federal
         Regulations.

      g. "CRS" means Commercial Radio Service, Inc., licensee of Private Land
         Mobile Stations WNDS861, Reelsville, Indiana; WNIL729, Paxton,
         Indiana; WPCJ772, West Terre Haute, Indiana; and WPNU312
         Greencastle, Indiana/West Terre Haute, Indiana; and licensee of
         Commercial Land Mobile Station WNGE348, West Terre Haute, Indiana.

      h. "Effective Date" means the date on which the Presiding
         Administrative Law Judge or the Chief Administrative Law Judge
         releases the Approving Order.

      i. "FCC" or "Commission" means Federal Communications Commission.

      j. "Final Order" means that, with respect to the Approving Order: (1)
         no administrative appeal of any kind has been filed or is pending
         before the FCC, and the time for filing any such appeal has lapsed;
         (b) no request to stay, vacate, annul, reverse, or set aside has
         been filed, and the time for filing any such request has lapsed; (c)
         no order staying, vacating, reversing, setting aside, annulling or
         suspending the Approving Order has been released; (d) the
         Commission, on its own motion, has not proposed or taken any action
         inconsistent with or adverse to the Approving Order, and the time
         for doing so has lapsed; (e) no judicial appeal of any kind has been
         filed or is pending, and, if permitted, the time for filing any such
         appeal has lapsed.

      k. "Gary C. Doty" means Gary C. Doty, one of two principals in CRS.

      l. "Order to Show Cause" means Commercial Radio Service, Inc., Order to
         Show Cause, FCC 06-128 (rel. August 30, 2006).

      m. "Parties" means the CRS, Timothy M. Doty, Gary C. Doty, and the
         Bureau, collectively; and "Party" refers to CRS, Timothy M. Doty,
         Gary C. Doty and the Bureau, individually.

      n. "Proceeding" means the evidentiary hearing initiated by the Order to
         Show Cause.

   o) "STA" means Special Temporary Authority.

   p) "Timothy M. Doty" means Timothy M. Doty, one of two principals in CRS
   and the licensee of General Radiotelephone Operator License PG1814366; and
   Amateur Radio Operator and Licensee of Amateur Radio Station WB9MDC, West
   Terre Haute, Indiana.

   I. BACKGROUND

    3. CRS is engaged in the sales and service of two-way radio
       communications equipment in the Terre Haute, Indiana, area. CRS is the
       licensee of the FCC licenses identified in paragraph 2(g), above.

    4. Since at least January 1, 1990, Timothy M. Doty has been a Director
       and 50 percent voting shareholder of CRS. Timothy M. Doty also was
       President of CRS from January 1, 1990, through May 9, 2006. Timothy M.
       Doty, in his individual capacity, holds the licenses identified in
       paragraph 2(p), above.

    5. Since at least January 1, 1990, Gary C. Doty has been Secretary and
       Treasurer, a Director, and 50 percent voting shareholder of CRS.
       Effective May 9, 2006, Gary C. Doty also became President of CRS.

    6. On May 31, 1991, Timothy M. Doty was found guilty in the U.S. District
       Court for the Southern District of Indiana, Terre Haute Division, of
       violating 18 U.S.C. S 2512(1)(b), involving the manufacture and
       possession of unauthorized satellite TV signal descrambling devices, a
       felony. He was sentenced to three years probation and a $2,000 fine.

    7. On November 15, 2001, Timothy M. Doty was found guilty in State of
       Indiana Vigo Superior Court, Division 5, of felony possession of a
       controlled substance. He was sentenced to 18 months in the Indiana
       Department of Corrections, which sentence was suspended except for 30
       days.

    8. In late 2005, the Commission received information indicating that CRS
       may not have properly disclosed information about felony convictions
       of Timothy M. Doty in applications filed with the Commission.
       Thereafter, the Bureau commenced an investigation into CRS' compliance
       with the Commission's Rules and the Act.

    9. The investigation revealed that, subsequent to the first of Timothy M.
       Doty's felony convictions, CRS filed two license applications with the
       Commission in which CRS answered "No" to the question inquiring
       whether the applicant or any party directly or indirectly controlling
       the applicant had ever been convicted of a felony in state or federal
       court. In each of the referenced applications, CRS certified that all
       of the statements therein were true, complete, correct, and made in
       good faith.

   10. In its Order to Show Cause, the Commission commenced a license
       revocation hearing against CRS and Timothy M. Doty in EB Docket No.
       06-168 on the following issues:

    a. to determine the effect of Timothy M. Doty's felony convictions on his
       qualifications to be and to remain a Commission licensee;

    b. to determine the effect of Timothy M. Doty's felony convictions on the
       qualifications of CRS to be and to remain a Commission licensee;

    c. to determine whether CRS made misrepresentations and/or lacked candor
       and/or violated Section 1.17 of the Commission's rules regarding the
       felony convictions of Timothy M. Doty in any applications filed with
       the Commission;

    d. to determine whether CRS failed to timely amend Commission
       applications to disclose Timothy M. Doty's felony convictions, in
       violation of Section 1.65 of the Commission's rules;

    e. to determine whether CRS made false certifications in any applications
       filed with the Commission;

    f. to determine, in light of the evidence adduced pursuant to the
       foregoing issues, whether Timothy M. Doty is qualified to be and to
       remain a Commission licensee;

    g. to determine, in light of the evidence adduced pursuant to the
       foregoing issues, whether CRS is qualified to be and to remain a
       Commission licensee;

    h. to determine, in light of the evidence adduced pursuant to the
       foregoing issues, whether the above-captioned licenses of Timothy M.
       Doty should be revoked;

    i. to determine, in light of the evidence adduced pursuant to the
       foregoing issues (a) through (h), whether the above-captioned licenses
       of CRS should be revoked.

   The Order to Show Cause also ordered, irrespective of the resolution of
   the foregoing issues, that a determination be made whether to issue an
   Order of Forfeiture against CRS for having failed to disclose the felony
   convictions of Timothy M. Doty in one or more of its applications.

   11. The Parties acknowledge that a settlement agreement would serve the
       public interest by avoiding a protracted hearing proceeding that would
       involve the expenditure of substantial public and private resources.
       To conserve such resources, the Parties hereby enter into this
       Settlement Agreement, subject to approval by the Presiding
       Administrative Law Judge or the Chief Administrative Law Judge , in
       consideration of the mutual commitments made herein.

   II. AGREEMENT

   12. The Parties agree and acknowledge that this Settlement Agreement shall
       constitute a final settlement between them of the Proceeding and the
       Order to Show Cause. In consideration for the mutual representations,
       acknowledgements, and commitments made herein, the Parties agree as
       follows:

   13. The Parties agree that this Settlement Agreement is for settlement
   purposes only and that signing does not constitute an admission by CRS,
   Gary C. Doty or Timothy M. Doty of any violation of the Act or the
   Commission's Rules arising from their actions or admissions as described
   in the Order to Show Cause.

   14. The Parties agree that the provisions of this Settlement Agreement
   shall be subject to approval by the Presiding Administrative Law Judge or
   the Chief Administrative Law Judge.

   15. The Parties agree that this Settlement Agreement shall become
   effective on the Effective Date.

   16. The Parties agree that they shall, within 14 business days of the
   execution by all signatories to this Settlement Agreement, jointly file a
   written request to the Presiding Administrative Law Judge seeking approval
   of this Settlement Agreement and termination of the proceeding in EB
   Docket No. 06-168. The Settlement Agreement shall be filed under separate
   cover with a joint motion requesting that the Settlement Agreement be kept
   under seal until the Effective Date.

   17. The Bureau agrees that, in the absence of material new evidence, it
   will not, on its own motion, initiate or recommend to the Commission, any
   new proceeding, formal or informal, against CRS, Timothy M. Doty or Gary
   C. Doty for alleged violations relating to the matters which formed the
   basis for the Order to Show Cause. Nothing in this Settlement Agreement
   shall prevent the Bureau from instituting or recommending to the
   Commission, investigations or enforcement proceedings against CRS, Timothy
   M. Doty or Gary C. Doty in the event of any alleged future misconduct or
   for violation of this Settlement Agreement or for violation of the Act or
   the Commission's Rules, consistent with the provisions of this Settlement
   Agreement. In addition, nothing in this Settlement Agreement shall prevent
   the Bureau from considering any information which formed the basis for the
   Order to Show Cause in determining appropriate sanctions for any future
   misconduct on the part of CRS, Timothy M. Doty or Gary C. Doty.

   18. CRS represents that the FCC licenses identified in paragraph 2(g),
   above, constitute all the FCC licenses and instruments of authorization
   held by it or in which it has an interest of any kind.

   19. Timothy M. Doty represents that the FCC licenses identified in
   paragraph 2(g) and (p), above, constitute all the FCC licenses and
   instruments of authorization held by him or in which he has an interest of
   any kind.

   20. Gary C. Doty represents that he holds no FCC licenses in his
   individual capacity, and the licenses identified in paragraph 2(g), above,
   constitute all the licenses and instruments of authorization in which he
   has an interest of any kind.

   21. Timothy M. Doty agrees that, upon the Effective Date, the FCC licenses
   identified in paragraph 2(p), above, shall be deemed to have been
   surrendered by him to the Commission for unconditional and immediate
   cancellation, and further that such licenses at such time shall be deemed
   to be cancelled.

   22. CRS agrees that it shall, within 2 business days of the Effective
   Date, file a written request to the Commission for an STA to continue
   operating pursuant to the terms and conditions of the licenses referenced
   in paragraph 2(g), above, for a period not to exceed 90 days, during which
   time CRS further agrees that it shall use all reasonable means to assist
   its customers in transitioning, relocating, and otherwise moving to other
   communications service providers without interruption or disruption of or
   to their service. CRS further agrees that upon grant of such STA, the FCC
   licenses identified in paragraph 2(g), above, shall be deemed to have been
   surrendered by CRS to the Commission for unconditional and immediate
   cancellation, and further that such licenses at such time shall be deemed
   to be cancelled.

   23. CRS acknowledges that no extensions of the STA referenced herein shall
   be granted and no requests for such shall be entertained.

   24. Timothy M. Doty agrees that, for a period of 5 years from the
   Effective Date, he shall refrain from applying to the Commission in his
   individual capacity for any FCC license or instrument of authorization.
   Timothy M. Doty further agrees that, henceforth from the Effective Date,
   he shall refrain from serving as an Attributable Principal in any entity
   that applies for any FCC license or instrument of authorization and, with
   the exception of CRS and the STA authority contemplated in paragraph 22,
   above, serving as an Attributable Principal in any entity that holds an
   FCC license or instrument of authorization. Timothy M. Doty further agrees
   that, after a period of 5 years from the Effective Date, he may apply to
   the Commission, if at all, in his individual capacity and only for an FCC
   license or instrument of authorization in the Amateur Radio Service.

   25. Gary C. Doty agrees that, for a period of 5 years from the Effective
   Date, he shall refrain from: (a) applying to the Commission in his
   individual capacity for any FCC license or instrument of authorization;
   (b) serving as an Attributable Principal in any entity that applies for
   any FCC license or instrument of authorization; and, with the exception of
   CRS and the STA authority contemplated in paragraph 22 above, (c) serving
   as an Attributable Principal in any entity that holds an FCC license or
   instrument of authorization.

   26. Timothy M. Doty and Gary C. Doty each agrees, that if, after a period
   of 5 years from the Effective Date, he applies to the Commission for any
   FCC license or instrument of authorization in his individual capacity, or,
   in the case of Gary C. Doty, as a principal in an applicant, the applicant
   shall, in the interest of full disclosure, provide information about the
   Order to Show Cause and the disposition of the proceeding in EB Docket No.
   06-168 in response to any question which inquires whether the applicant or
   any party thereto has ever had an FCC authorization revoked or been
   involved in a license revocation proceeding before the FCC. Timothy M.
   Doty and Gary C. Doty each acknowledges that the Commission shall process
   each such application and evaluate the applicant's basic and other
   qualifications to be a Commission licensee in the ordinary course. The
   Bureau agrees, in the absence of any intervening felony convictions or
   Commission-related misconduct by Timothy M. Doty and/or Gary C. Doty, to
   recommend to the Commission that it not designate for hearing any of the
   issues in, or consider the conduct which gave rise to, the Order to Show
   Cause in evaluating such qualifications.

   27. CRS, Gary C. Doty, and Timothy M. Doty, individually and collectively,
   agree to make, within 5 business days of the Effective Date, a voluntary
   contribution to the United States Treasury in the total amount of $10,000.
   The payment must be made by check or similar instrument, payable to the
   order of the Federal Communications Commission. The payment must include
   NAL/Acct.No. 200632080166 and CRS' FRN No. 0003936358. Payment by check or
   money order may be mailed to Federal Communications Commission, P.O. Box
   358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may be sent
   to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
   15251. Payment by wire transfer may be made to ABA Number 043000261,
   receiving bank Mellon Bank, and account number 9116229.

   28. CRS, Timothy M. Doty, Gary C. Doty, and the Bureau each agrees to
   waive any and all rights they may have, collectively and individually, to
   seek administrative or judicial reconsideration, review, appeal or stay,
   or to otherwise challenge or contest the validity of this Settlement
   Agreement and the Approving Order. If the Bureau, the Commission, or the
   United States acting on its behalf, brings a judicial action to enforce
   the terms of the Approving Order or this Settlement Agreement or both,
   neither CRS, Timothy M. Doty nor Gary C. Doty, collectively or
   individually, will contest the validity of this Settlement Agreement or
   the Approving Order. CRS, Timothy M. Doty and Gary C. Doty do not waive
   any statutory right to a trial de novo to determine whether they violated
   this Settlement Agreement.

   29. The decision of CRS, Timothy M. Doty, Gary C. Doty, and the Bureau to
   enter into this Settlement Agreement is expressly contingent upon the
   approval of the agreement and the issuance of the Approval Order by the
   Presiding Administrative Law Judge or the Chief Administrative Law Judge.
   The Parties agree that CRS, Timothy M. Doty, Gary C. Doty, or the Bureau
   may withdraw from this Settlement Agreement if any revision, change,
   addition, or modification is made to its terms.

   30. In the event that this Settlement Agreement is rendered invalid in any
   court of competent jurisdiction, it shall become null and void and may not
   be used in any manner in any legal proceeding.

   31. CRS, Timothy M. Doty and Gary C. Doty agree to waive any claims they
   may otherwise have, collectively and individually, under the Equal Access
   to Justice Act, 5 U.S.C. S 504 and 47 C.F.R. S 1.1501 et seq., relating to
   the matters addressed in this Settlement Agreement.

   32. Each Party represents and warrants to the other that it has full power
   and authority to enter into this Settlement Agreement.

   33. CRS, Timothy M. Doty and Gary C. Doty, individually and collectively,
   agree to comply with each individual term and condition of this Settlement
   Agreement. Each specific term and condition is a separate term and
   condition of the Settlement Agreement, as approved. To the extent that
   CRS, Timothy M. Doty or Gary C. Doty fails to satisfy any term or
   condition, in the absence of Commission alteration of the term or
   condition, CRS, Timothy M. Doty or Gary C. Doty will be in breach of the
   provisions of the Settlement Agreement, and may be subject to enforcement
   action, and such breach shall be considered by the Commission in any
   future application or other proceeding before the Commission.

   34. This Settlement Agreement may be executed in counterparts.

   FEDERAL COMMUNICATIONS COMMISSION

   ENFORCEMENT BUREAU

   By: _______________________________ Date: __________________

   Kris Anne Monteith, Chief

   COMMERCIAL RADIO SERVICE, INC.

   By: ________________________________ Date: _________________

   Gary C. Doty

   GARY C. DOTY

   By: ________________________________ Date: __________________

   Gary C. Doty

   TIMOTHY M. DOTY

   By: ________________________________ Date: __________________

   Timothy M. Doty

   9

   6

                                 Federal Communications Commission DA 04-3259