Click here for Adobe Acrobat version
Click here for Microsoft Word 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 )

   )

   OP LLC, Licensee, Station WPYQ831 ) File No.: EB-08-SE-647

   ) Acct. No. 200832100067

   and ) FRN # 0008617136

   )

   TVCC One Six Holdings LLC, ) File No.: EB-08-SE-648

   Lessee, Station WPYQ831 ) Acct. No. 200832100068

   ) FRN # 0016700031

   )

   ORDER

   Adopted: August 14, 2008 Released: August 14, 2008

   By the Chief, Enforcement Bureau:

    1. In this Order, we adopt the attached Consent Decree entered into
       between the Enforcement Bureau ("Bureau"), OP LLC ("OP"), and TVCC One
       Six Holdings LLC ("TVCC") for possible violation of sections 301 and
       310(d) of the Communications Act of 1934, as amended, and section
       1.9030 of the Commission's Rules regarding long-term de facto transfer
       leasing arrangements.

    2. The Bureau, OP, and TVCC have negotiated the terms of the Consent
       Decree that resolves this matter. A copy of the Consent Decree is
       attached hereto and incorporated by reference.

    3. After reviewing the terms of the Consent Decree and evaluating the
       facts before us, we find that the public interest would be served by
       adopting the Consent Decree and terminating the investigation.

    4. In the absence of material new evidence relating to this matter, we
       conclude that our investigation raises no substantial or material
       questions of fact as to whether OP or TVCC possess the basic
       qualifications, including those related to character, to hold or
       obtain any Commission license or authorization.

    5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the
       Communications Act of 1934, as amended, and sections 0.111 and 0.311
       of the Commission's Rules, the Consent Decree attached to this Order
       IS ADOPTED.

    6. IT IS FURTHER ORDERED that the above-captioned investigation IS
       TERMINATED.

    7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
       shall be sent by first class mail and certified mail, return receipt
       requested, to Bruce Olcott, Esq., Squire Sanders & Dempsey, LLP, 1201
       Pennsylvania Avenue, NW, P.O. Box 407, Washington, DC 20044-0407.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris Anne Monteith

   Chief, Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   )

   In the Matter of )

   )

   OP LLC, Licensee, Station WPYQ831 ) File No.: EB-08-SE-647

   ) Acct. No. 200832100067

   and ) FRN # 0008617136

   )

   TVCC One Six Holdings LLC, ) File No.: EB-08-SE-648

   Lessee, Station WPYQ831 ) Acct. No. 200832100068

   ) FRN # 0016700031

   )

                                 CONSENT DECREE

   The Enforcement Bureau ("Bureau"), OP LLC ("OP"), and TVCC One Six
   Holdings LLC

   ("TVCC"), by their authorized representatives, hereby enter into this
   Consent Decree for the purpose of terminating the investigation into
   whether OP and TVCC violated sections 301 and 310(d) of the Communications
   Act of 1934, as amended, ("Act") and section 1.9030 of the Commission's
   Rules ("Rules") regarding long-term de facto transfer leasing
   arrangements.

   I. DEFINITIONS

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

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

    b. "Adopting Order" means an Order of the Bureau adopting the terms of
       this Consent Decree without change, addition, deletion, or
       modification.

    c. "Bureau" means the Enforcement Bureau of the Federal Communications
       Commission.

    d. "Commission" and "FCC" mean the Federal Communications Commission and
       all of its bureaus and offices.

    e. "Compliance Plan" means the program described in this Consent Decree
       at paragraph 10.

    f. "Effective Date" means the date on which the Bureau releases the
       Adopting Order.

    g. "Investigation" means the investigation commenced by FCC staff's
       January 8, 2008 Letter of Inquiry.

    h. "OP" means OP LLC and its predecessors-in-interest and
       successors-in-interest.

    i. "Parties" means OP, TVCC, and the Bureau.

    j. "Rules" means the Commission's regulations found in Title 47 of the
       Code of Federal Regulations.

    k. "TVCC" means TVCC One Six Holdings LLC and its
       predecessors-in-interest and successors-in-interest.

   II. BACKGROUND

    2. OP is the licensee of an exclusive nationwide license in the 1670-1675
       MHz Band, Station WPYQ831. On July 17, 2007, OP filed an application
       to lease its spectrum, by a long-term de facto transfer leasing
       arrangement, to TVCC. The Wireless Telecommunications Bureau granted
       that application on July 18, 2007.

    3. On August 31, 2007, OP filed a "Tribal Land Construction Certification
       and Demonstration" for Station WPYQ831, which provided that a "network
       and service offering has been launched and is operating that covers
       86% of the population of the" White Mountain Apache Reservation
       ("Reservation").

    4. On January 10, 2008, FCC staff issued a letter of inquiry (LOI) to OP
       regarding the provision of service to the Reservation. OP responded to
       the January 10, 2008 LOI on January 25, 2008. That response included
       the Declaration of E. Blake Hawk, Executive Vice President of OP,
       executed January 25, 2008 ("Hawk Declaration"). The Hawk Declaration
       provides, in part, "OP currently is providing DVB-H service free of
       charge to 86% of the population of the [Reservation] ... and was
       providing this service to 86% of the Reservation population prior to
       August 31, 2007."

    5. On March 14, 2008, FCC staff issued a second LOI to OP requesting
       additional information regarding the provision of service to the
       Reservation. OP and TVCC jointly responded to the March 14, 2008 LOI
       on March 21, 2008. On August 14, 2008, OP and TVCC jointly filed an
       application requesting Commission approval of a long-term de facto
       transfer sublease agreement from TVCC to OP regarding the White
       Mountain Apache Reservation area.

   III. TERMS OF AGREEMENT

    6. Adopting Order. 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 the Adopting Order
       without change, addition, modification, or deletion.

    7. Jurisdiction. OP agrees that the Bureau has jurisdiction over it and
       the matters contained in this Consent Decree and has the authority to
       enter into and adopt this Consent Decree. TVCC agrees that the Bureau
       has jurisdiction over it and the matters contained in this Consent
       Decree and has the authority to enter into and adopt this Consent
       Decree.

    8. Effective Date; Violations. The Parties agree that this Consent Decree
       shall become effective on the date on which the Bureau releases the
       Adopting Order. Upon release, the Adopting Order and this Consent
       Decree shall have the same force and effect as any other Order of the
       Bureau. Any violation of the Adopting Order or of the terms of this
       Consent Decree shall constitute a separate violation of a Bureau
       Order, entitling the Bureau to exercise any rights and remedies
       attendant to the enforcement of a Commission Order.

    9. Termination of Investigation. In express reliance on the covenants and
       representations in this Consent Decree and to avoid further
       expenditure of public resources, the Bureau agrees to terminate the
       investigation. In consideration for the termination of said
       investigation, OP and TVCC agree to the terms, conditions, and
       procedures contained herein. The Bureau further agrees that in the
       absence of new material evidence, the Bureau will not use the facts
       developed in this investigation through the Effective Date of the
       Consent Decree, or the existence of this Consent Decree, to institute,
       on its own motion, any new proceeding, formal or informal, or take any
       action on its own motion against OP or TVCC concerning the matters
       that were the subject of the investigation. The Bureau also agrees
       that it will not use the facts developed in this investigation through
       the Effective Date of this Consent Decree, or the existence of this
       Consent Decree, to institute on its own motion any proceeding, formal
       or informal, or take any action on its own motion against OP or TVCC
       with respect to their basic qualifications, including their character
       qualifications, to be Commission licensees.

   10. Compliance Plan. For purposes of settling the matters set forth
       herein, OP and TVCC agree to maintain a Compliance Plan related to
       future compliance with the Act, the Commission's Rules, and the
       Commission's Orders. The Plan will include, at a minimum, the
       following components:

     a. Compliance Officers. OP and TVCC will each designate an employee
        familiar with the Commission's rules, regulations and associated
        policies relating to spectrum leasing arrangements and agreements
        ("Compliance Officer"). OP has designated its Vice President,
        Internal Audits, as its spectrum leasing Compliance Officer. TVCC has
        designated its Executive Vice President as its spectrum leasing
        Compliance Officer. The designated spectrum leasing compliance
        officers will also review the FCC's leasing regulations on a
        quarterly basis to stay abreast of any new requirements, and will
        review all spectrum leasing arrangements and agreements before they
        are entered into by the parties and ensure that such arrangements and
        agreements comply with FCC rules and policies.

     b. Training. Within ninety (90) days of the Effective Date, OP and TVCC
        shall conduct training sessions for all OP and TVCC personnel engaged
        in spectrum leasing ("Covered Employees") to inform them about the
        FCC rules and policies regarding spectrum leasing arrangements and
        agreements. In addition, all new Covered Employees of OP and TVCC
        will undergo such training within sixty (60) days of the commencement
        of their employment. OP and TVCC will also provide refresher training
        for all Covered Employees on at least an annual basis. In addition,
        OP and TVCC will each prepare and distribute a written compliance
        guide that sets forth company and Commission policies for spectrum
        leasing arrangements and agreements. OP and TVCC will update the
        guide, as necessary.

     c. Compliance Reports. OP and TVCC shall file joint compliance reports
        with the Commission ninety (90) days after the Effective Date, twelve
        (12) months after the Effective Date, and twenty-four (24) months
        after the Effective Date. Each report shall include a compliance
        certificate from an officer, as an agent of OP, and an officer, as an
        agent of TVCC, stating that the officer has personal knowledge that
        the company has established operating procedures intended to ensure
        compliance with this Consent Decree, together with an accompanying
        statement explaining the basis for the officer's compliance
        certification. All reports shall be submitted to Kathryn S. Berthot,
        Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal
        Communications Commission, 445 12th Street, S.W., Washington, D.C.
        20554. All reports shall also be submitted electronically to Kathryn
        Berthot at kathy.berthot@fcc.gov.

     d. Termination Date. Unless stated otherwise, the requirements of this
        Compliance Plan will expire thirty-six (36) months from the Effective
        Date.

   11. Voluntary Contributions. OP agrees that it will make a voluntary
       contribution to the United States Treasury in the amount of forty
       thousand dollars ($40,000.00). TVCC agrees that it will make a
       voluntary contribution to the United States Treasury in the amount of
       forty thousand dollars ($40,000.00). The payments will be made within
       thirty (30) days after the Effective Date of the Adopting Order. The
       payments must be made by check or similar instrument, payable to the
       order of the Federal Communications Commission. The payment must
       include the Account Number and applicable FRN number referenced in the
       caption to the Adopting Order. Payment by check or money order may be
       mailed to Federal Communications Commission, P.O. Box 979088, St.
       Louis, MO 63197-9000. Payment by overnight mail may be sent to U.S.
       Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza,
       St. Louis, MO 63101. Payment by wire transfer may be made to ABA
       Number 021030004, receiving bank TREAS/NYC, and account number
       27000001. For payment by credit card, an FCC Form 159 (Remittance
       Advice) must be submitted. When completing the FCC Form 159, enter the
       Account number in block number 23A (call sign/other ID), and enter the
       letters "FORF" in block number 24A (payment type code). OP and TVCC
       will also send electronic notification on the date said payment is
       made to Kathryn Berthot at kathy.berthot@fcc.gov.

   12. Waivers. OP and TVCC 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 Adopting Order, provided the Bureau Adopting Order adopts the
       Consent Decree without change, addition, modification, or deletion. OP
       and TVCC shall retain the right to challenge Commission interpretation
       of the Consent Decree or any terms contained herein. If either Party
       (or the United States on behalf of the Commission) brings a judicial
       action to enforce the terms of the Adopting Order, neither OP, TVCC,
       nor the Commission shall contest the validity of the Consent Decree or
       the Adopting Order, and OP and TVCC shall waive any statutory right to
       a trial de novo. OP and TVCC hereby agree to waive any claims they may
       otherwise have 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 Consent Decree.

   13. Severability. The Parties agree that if any of the provisions of the
       Adopting Order or the Consent Decree shall be invalid or
       unenforceable, such invalidity or unenforceability shall not
       invalidate or render unenforceable the entire Adopting Order or
       Consent Decree, but rather the entire Adopting Order or Consent Decree
       shall be construed as if not containing the particular invalid or
       unenforceable provision or provisions, and the rights and obligations
       of the Parties shall be construed and enforced accordingly. In the
       event that this Consent Decree in its entirety is rendered invalid by
       any court of competent jurisdiction, it shall become null and void and
       may not be used in any manner in any legal proceeding.

   14. Subsequent Rule or Order. The Parties agree that if any provision of
       the Consent Decree conflicts with any subsequent rule or Order adopted
       by the Commission (except an Order specifically intended to revise the
       terms of this Consent Decree to which OP or TVCC does not expressly
       consent) that provision will be superseded by such Commission rule or
       Order.

   15. Successors and Assigns. OP and TVCC agree that the provisions of this
       Consent Decree shall be binding on their successors, assigns, and
       transferees.

   16. Final Settlement. The Parties agree and acknowledge that this Consent
       Decree shall constitute a final settlement between the Parties. The
       Parties further agree that this Consent Decree does not constitute
       either an adjudication on the merits or a factual or legal finding or
       determination regarding any compliance or noncompliance with the
       requirements of the Act or the Commission's Rules and Orders.

   17. Modifications. This Consent Decree cannot be modified without the
       advance written consent of the Parties.

   18. Paragraph Headings. The headings of the Paragraphs in this Consent
       Decree are inserted for convenience only and are not intended to
       affect the meaning or interpretation of this Consent Decree.

   19. Authorized Representative. Each party represents and warrants to the
       others that it has full power and authority to enter into this Consent
       Decree.

   20. Counterparts. This Consent Decree may be signed in any number of
       counterparts (including by facsimile), each of which, when executed
       and delivered, shall be an original, and all of which counterparts
       together shall constitute one and the same fully executed instrument.


         _______________________________    
                                            
         Kris Anne Monteith                 
                                            
         Chief                              
                                            
         Enforcement Bureau                 
                                            
         ________________________________   
                                            
         Date                               
                                            
         ________________________________   
                                            
         E. Blake Hawk                      
                                            
         Executive Vice President           
                                            
         OP LLC                             
                                            
         ______________________________     
                                            
         Date                               
                                            
         ________________________________   
                                            
         Serge G. Martin                    
                                            
         Executive Vice President           
                                            
         TVCC One Six Holdings LLC          
                                            
         ________________________________   


       Date

       47 U.S.C. S:S: 301, 310(d).

       47 C.F.R. S: 1.9030.

       47 U.S.C. S: 154(i).

       47 C.F.R. S:S: 0.111, 0.311.

       47 U.S.C. S:S: 301, 310(d).

       47 C.F.R. S: 1.9030.

       Letter from Roger S. Noel, Chief, Mobility Division, Wireless
       Telecommunications Bureau, to Ari Q. Fitzgerald, Counsel for OP LLC
       (January 10, 2008), File No. 0003160142.

       See 47 C.F.R. S: 1.9030.

       File No 0003108073, lease ID L000002305 (filed July 17, 2007).

       Report No. 3328 at 20 (July 25, 2007).

       File No. 0003160142.

       Letter from Roger S. Noel, Chief, Mobility Division, Wireless
       Telecommunications Bureau, to Ari Q. Fitzgerald, Counsel for OP
       (January 10, 2008), File No. 0003160142.

       Letter from Ari Q. Fitzgerald, Counsel for OP, to Roger S. Noel,
       Chief, Mobility Division, Wireless Telecommunications Bureau (January
       25, 2008), File No. 0003160142.

       Hawk Declaration at 1.

       Letter from Roger S. Noel, Chief, Mobility Division, Wireless
       Telecommunications Bureau, to Ari Q. Fitzgerald, Counsel for OP (March
       14, 2008), File No. 0003160142.

       Letter from Ari Q. Fitzgerald, Counsel for OP, and Bruce A. Olcott,
       Counsel for TVCC, to Roger S. Noel, Chief, Mobility Division, Wireless
       Telecommunications Bureau (March 21, 2008). On July 17, 2008, OP and
       TVCC jointly filed a supplement to the March 21, 2008 response. See
       Letter from Ari Q. Fitzgerald, Counsel for OP, and Bruce A. Olcott,
       Counsel for TVCC, to James Schlichting, Chief, Wireless
       Telecommunications Bureau (July 17, 2008).

       Federal Communications Commission DA 08-1906

       6

       Federal Communications Commission DA 08-1906