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CONSENT DECREE
I. Introduction
1. The Enforcement Bureau of the Federal Communications
Commission and Ralph H. Tyler hereby enter into a Consent Decree
resolving conduct by Tyler regarding Station KTSH(FM),
Tishomingo, Oklahoma, in violation of Sections 1.17 and/or
73.1015 of the Commission's rules.1
2. For purposes of this Consent Decree, the following
definitions shall apply:
(a) ``Act'' means the Communications Act of 1934, as
amended, 47 U.S.C. § 151 et seq.;
(b) ``Adopting Order'' means an Order of the Bureau
adopting the terms and conditions of this Consent
Decree;
(c) ``Bureau'' means the FCC's Enforcement Bureau;
(d) ``Commission'' or ``FCC'' means the Federal
Communications Commission;
(e) ``Effective Date'' means the date on which the
FCC releases the Adopting Order;
(f) ``Execution Date'' means the date on which this
Consent Agreement is executed by the Parties;
(g) ``Final Order'' means the status of the Adopting
Order after the period for administrative and
judicial review has lapsed;
(h) ``MMB'' means the FCC's Mass Media Bureau, the
predecessor bureau to the Media Bureau;
(i) ``Parties'' means Ralph H. Tyler and the Bureau,
each being a separate ``Party;''
(j) ``Rules'' means the Commission's rules, found in
Title 47 of the Code of Federal Regulations;
(k) ``SCOCBI'' means South Central Oklahoma Christian
Broadcasters, Inc., former permittee of Station
KTSH(FM), Tishomingo, Oklahoma;
(l) ``TEL'' means Tyler Enterprises, L.L.C., licensee
of Stations KOCY(AM) and KWCO(FM), Chickasha,
Oklahoma; and
(m) ``Tyler'' means Ralph H. Tyler, licensee of
Station KTSH(FM), Tishomingo, Oklahoma, and the sole
member and Operating Manager of TEL;
II. Background
3. As the result of allegations made to the MMB regarding
Tyler's activities in connection with Station KTSH(FM),
Tishomingo, Oklahoma, the Bureau conducted an investigation of
misconduct by Tyler involving, inter alia, misrepresentations
and/or lack of candor with the Commission concerning the
operational status of Station KTSH(FM) and the amount of
consideration that Tyler had agreed to pay to SCOCBI for the
construction permit for Station KTSH(FM).2
III. Terms of Settlement
4. The Parties agree that the provisions of this Consent
Decree shall be subject to final approval by the Bureau by
incorporation of such provisions by reference in an Adopting
Order.
5. The Parties agree that this Consent Decree shall become
effective on the date on which the Bureau releases the Adopting
Order. Upon such release, the Adopting Order and this Consent
Decree shall have the same force and effect as any other orders
of the Commission and any violation of the terms of this Consent
Decree shall constitute a violation of a Commission order,
entitling the Commission to exercise any rights and remedies
attendant to the enforcement of a Commission order.
6. Tyler agrees that the Bureau has jurisdiction over the
matters contained in this Consent Decree and the authority to
enter into and adopt this Consent Decree.
7. The parties agree and acknowledge that this Consent
Decree shall constitute a final settlement between Tyler and the
Bureau concerning Tyler's violations of the Commission's rules
discussed herein.
8. In express reliance on the covenants and
representations in this Consent Decree, the Bureau agrees to
terminate its current investigation.
9. In consideration of the Bureau's termination of its
investigation into these matters, Tyler agrees to the terms set
forth herein.
10. Tyler hereby stipulates that he has violated sections
1.17 and 73.1015 of the Commission's rules in his written filings
and oral representations and in response to Commission inquiries
regarding the operational status of Station KTSH(FM) and the
nature of his agreement to obtain the station's permit from
SCOCBI.
11. Tyler agrees to surrender for cancellation the license
for Station KTSH(FM), Tishomingo, Oklahoma (FCC Facility ID No.
58348), and to request the dismissal, with prejudice, of all of
his applications and pleadings currently pending before the
Commission regarding the station, including his application to
modify the KTSH(FM) authorization to specify Tuttle as the
community of license,3 on or before the Execution Date and to
cease broadcast operations of KTSH(FM) at or before 12:00
midnight on the Effective Date.
12. Tyler further agrees to divest his other broadcast
interests in Stations KOCY(AM) (FCC Facility ID No. 6747) and
KWCO-FM (FCC Facility ID No. 6750), Chickasa, Oklahoma, arising
from his ownership of TEL. To that end, not more than thirty
(30) days after the Execution Date, Tyler, on behalf of TEL,
shall file with the Commission the requisite application(s) for
approval of the assignment of the licenses for the aforementioned
Chickasa stations or of the transfer of control of TEL by which
Tyler shall fully and completely divest his interest in such
stations and/or in TEL. Upon Commission approval, Tyler will
consummate such assignment or transfer of control. Upon his
divestment of such interests and his surrender of the license for
Station KTSH(FM), Tyler will have no further involvement, de
facto or de jure, in the ownership, business, management or
operation of those or any other broadcast stations.
13. Tyler agrees that he is required to comply with each
individual condition of this Consent Decree. Each specific
condition is a separate condition of the Consent Decree as
approved. To the extent that Tyler fails to satisfy any
condition or Commission rule, in the absence of Commission
alteration of the condition or rule, he will be deemed
noncompliant and may be subject to possible enforcement action,
including, but not limited to, revocation of the relief,
designation of the matter for hearing, letters of admonishment or
forfeitures.
14. 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,
regarding Tyler's conduct that is the subject of this Consent
Decree. The Bureau further agrees that, in the absence of
material new evidence, it will not, on its own motion, take any
further enforcement action against Tyler for any alleged
violation of the Commission's rules in connection with such
conduct which occurred prior to the effective date of this
Consent Decree, including any action to revoke the broadcast
licenses held by TEL based upon such conduct, except as
consistent with the provisions of this Consent Decree. The
Bureau also agrees that, in the absence of material new evidence
related to this matter, it will not use the facts developed in
this proceeding through the execution date of this Consent Decree
or the existence of this Consent Decree to initiate on its own
motion, or recommend to the Commission, any proceeding, formal or
informal, or take any action on its own motion against Tyler or
TEL with respect to Tyler's basic qualifications, including his
character qualifications, to be or continue to be a Commission
licensee. Nothing in this Consent Decree shall prevent the
Bureau from instituting, or recommending to the Commission, new
investigations or enforcement proceedings against Tyler or any
entity in which he holds an interest, including, but not limited
to TEL, in the event of any alleged future misconduct for
violation of this Consent Decree or for violation of the Act or
the Commission's Rules as consistent with the provisions of this
Consent Decree.
15. Tyler waives any and all rights he 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 Adopting Order, provided the Adopting
Order adopts the Consent Decree without change, addition or
modification.
16. Any violation of this Consent Decree or the Adopting
Order 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. If either Party (or the United States on behalf of the
FCC) brings a judicial action to enforce the terms of the
Adopting Order, neither Tyler nor the FCC shall contest the
continuing validity of the Consent Decree or Adopting Order.
Tyler retains the right to challenge the Bureau interpretation of
the Consent Decree or any terms contained therein.
18. Tyler hereby agrees to waive any claims he may
otherwise have under the Equal Access to Justice Act, 5 U.S.C. §
504 and 47 C.F.R. § 1.1501 et seq., relating to the matters
discussed in this Consent Decree.
19. In the event that this Consent Decree is rendered
invalid by any court of competent jurisdiction, this Consent
Decree shall become null and void and may not be used in any
manner in any legal proceeding.
20. The Parties agree that the terms and conditions of this
Consent Decree shall remain in effect for twenty-four (24) months
from the Effective Date of this Consent Decree. The Parties
further agree that any provision of this Consent Decree that
would require Tyler to act in violation of a future rule or order
adopted by the Commission will be superseded by such Commission
rule or order.
21. This Consent Decree may be signed in counterparts.
For the Enforcement Bureau:
______________________________
______________________________
David H. Solomon Ralph H. Tyler
Chief, Enforcement Bureau
______________________________
______________________________
Date Date
_________________________
1 47 C.F.R. §§ 1.17, 73.1015.
2 See generally MM Docket No. 98-155; Letter of Inquiry from
Norman Goldstein, Chief, Complaints and Political Programming
Branch, Enforcement Division, Mass Media Bureau to Ralph Tyler
and South Central Oklahoma Christian Broadcasting, Inc., dated
May 7, 1999, and responses thereto; File Nos. BLED-981002KA,
BMPED-20010126ABC and BPH-20021002ADB.
3 File No. BPH-20021002ADB.