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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                            )                           
                                                        
                            )   File No. EB-07-SE-373   
     In the Matter of                                   
                            )   Acct. No. 200832100077  
     NOVA Chemicals, Inc.                               
                            )   FRN No. 0002848208      
                                                        
                            )                           


                                     ORDER

   Adopted: September 3, 2008 Released: September 5, 2008

   By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

    1. In this Order, we adopt the attached Consent Decree entered into
       between the Enforcement Bureau ("Bureau") and NOVA Chemicals, Inc.
       ("NOVA"). The Consent Decree terminates an investigation by the Bureau
       against NOVA for possible violations of section 301 of the
       Communications Act of 1934, as amended, ("Act") and sections 1.903(a)
       and 1.949(a) of the Commission's Rules ("Rules") regarding the
       operation of its Private Land Mobile Radio Service ("PLMRS") station
       WPLH775 without Commission authority and its failure to file a timely
       renewal application for the station.

    2. The Bureau and NOVA have negotiated the terms of the Consent Decree
       that resolve 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 NOVA possesses 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
       CANCELLED.

    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 Jeffrey E. Rummel, Esq., Counsel for NOVA Chemicals
       Inc., Arent Fox LLP, 1050 Connecticut Avenue, NW, Washington, DC
       20036-5339 and Jack S. Mustoe, Senior Vice President, Chief Legal
       Officer and Corporate Secretary, NOVA Chemicals Inc., US Operating
       Center, 1550 Corapolis Heights Road, Moon Township, PA 15108.

   FEDERAL COMMUNICATIONS COMMISSION

   Kathryn S. Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                            )                           
                                                        
                            )   File No. EB-07-SE-373   
     In the Matter of                                   
                            )   Acct. No. 200832100077  
     NOVA Chemicals, Inc.                               
                            )   FRN No. 0002848208      
                                                        
                            )                           




                                 CONSENT DECREE

   The Enforcement Bureau ("Bureau") and NOVA Chemicals, Inc. ("NOVA"), by
   their authorized representatives, hereby enter into this Consent Decree
   for the purpose of terminating the Bureau's investigation into whether
   NOVA violated section 301 of the Communications Act of 1934, as amended,
   ("Act") and sections 1.903(a) and 1.949(a) of the Commission's Rules
   ("Rules") regarding the operation of its Private Land Mobile Radio Service
   ("PLMRS") station without Commission authority and its failure to file a
   timely renewal application for the station.

   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 8.

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

    g. "Investigation" means the investigation commenced by the Bureau's
       March 28, 2008 Letter of Inquiry  ("LOI") regarding whether NOVA
       violated section 301 of Act and sections 1.903(a) and 1.949(a) of the
       Rules by operating its PLMRS station without Commission authority and
       by failing to file a timely renewal application for the station.

    h. "NOVA" means NOVA Chemicals, Inc. and its predecessors-in-interest and
       successors-in-interest.

    i. "Parties" means NOVA and the Bureau.

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

   II. BACKGROUND

     1. Pursuant to section 301 of the Act and section 1.903(a) of the Rules,
        the use or operation of any apparatus for the transmission of energy
        or communications or signals by a wireless radio station is
        prohibited except under, and in accordance with, a Commission
        authorization. Additionally, section 1.949(a) of the Rules requires
        that licensees file renewal applications for wireless radio stations,
        "no later than the expiration date of the authorization for which
        renewal is sought, and no sooner than 90 days prior to expiration."
        Absent a timely filed renewal application, a wireless radio station
        license automatically terminates.

     2. On March 28, 2008, the Bureau issued a LOI to NOVA. The March 28,
        2008 LOI directed NOVA, among other things, to submit a sworn written
        response to a series of questions relating to the unauthorized
        operation of its PLMRS station WPLH775 without Commission authority
        and for failing to file a timely renewal application for the station.
        NOVA responded to the March 28, 2008 LOI on April 25, 2008.

   III. TERMS OF AGREEMENT

     3. 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.

     4. Jurisdiction. NOVA 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.

     5. 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.

     6. 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 its
        investigation. In consideration for the termination of said
        investigation, NOVA agrees 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 NOVA 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 NOVA with respect to NOVA's
        basic qualifications, including its character qualifications, to be a
        Commission licensee.

     7. Compliance Plan. For purposes of settling the matters set forth
        herein,  NOVA agrees to create within 30 days of the Effective Date a
        Compliance Plan related to future compliance with the Act, the
        Commission's Rules, and the Commission's Orders. The Plan will
        include the following components:

      a. Database. Within thirty (30) days of the Effective Date, NOVA shall
         generate information about the Company's telecommunications licenses
         and practices. This information shall be maintained and periodically
         updated in the form of an electronic database or a facilities
         listing. This information shall be made available to the Company's
         personnel who are responsible for maintaining the telecommunications
         licenses. The Company, either directly or through its outside
         telecommunications counsel, shall maintain a tickler listing to
         prompt the timely filing of license renewal applications.

      b. Training. Within ninety (90) days of the Effective Date, parties
         responsible for the purchase, acquisition, and sale of NOVA's radio
         equipment and/or entities or properties which may include
         telecommunications assets shall be trained about the timely filing
         of radio station applications, modifications to existing radio
         facilities, renewal of radio licenses, and applications for prior
         consent to changes in ownership or control of telecommunications
         licenses. Outside telecommunications counsel will supplement this
         training by memoranda and other updates on a periodic basis and when
         necessary to keep the Company informed of Commission policy and
         regulatory compliance requirements.

      c. Compliance Officer. NOVA will appoint a Compliance Officer who will
         be responsible for overseeing NOVA's compliance with this Compliance
         Plan and applicable FCC requirements.

      d. Compliance Reports. NOVA will file compliance reports with the
         Commission ninety (90) days after the Effective Date, six months
         after the Effective Date, and twelve months after the Effective
         Date. Each compliance report shall include a compliance certificate
         from an officer, as an agent of NOVA, stating that the officer has
         personal knowledge that NOVA 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 compliance reports shall be
         submitted to the 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 Ricardo M. Durham, Senior Deputy Chief,
         Enforcement Bureau, Spectrum Enforcement Division, Ricardo.Durham
         @fcc.gov, and Nissa Laughner, Attorney Advisor, Enforcement Bureau,
         Spectrum Enforcement Division, Nissa.Laughner@fcc.gov.

      e. Termination Date. Unless stated otherwise,  the requirements of this
         Consent Decree will expire twelve months after the Effective Date.

     8. Voluntary Contribution. NOVA agrees that it will make a voluntary
        contribution to the United States Treasury in the amount of seven
        thousand five hundred dollars ($7, 500). The payment will be made
        within thirty days after the Effective Date of the Adopting Order.
        The payment 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 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). NOVA will also send
        electronic notification on the date said payment is made to
        Ricardo.Durham @fcc.gov and Nissa.Laughner@fcc.gov.

     9. Waivers. NOVA 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 Adopting Order, provided the Bureau issues the
        Adopting Order without change, addition, modification, or deletion.
        NOVA 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 NOVA nor
        the Commission shall contest the validity of the Consent Decree or
        the Adopting Order, and NOVA shall waive any statutory right to a
        trial de novo. NOVA hereby agrees to waive any claims it 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.

    10. 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.

    11. 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 NOVA does not
        expressly consent) that provision will be superseded by such
        Commission rule or Order.

    12. Successors and Assigns. NOVA agrees that the provisions of this
        Consent Decree shall be binding on its successors, assigns, and
        transferees.

    13. 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.

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

    15. 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.

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

    17. 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.


     _______________________________        
                                            
     Kathryn S. Berthot                     
                                            
     Chief, Spectrum Enforcement Division   
                                            
     Enforcement Bureau                     
                                            
     ________________________________       
                                            
     Date                                   
                                            
     ________________________________       
                                            
     William C. Mitchell                    
                                            
     Vice President, Legal                  
                                            
     NOVA Chemicals, Inc.                   
                                            
     ________________________________       
                                            
     Date                                   


   ________________________________

   J. Alan Crittenden

   Vice President, Legal

   NOVA Chemicals, Inc.

   ________________________________

   Date

   47 U.S.C. S: 301.

   47 C.F.R. S:S: 1.903(a) and 1.949(a).

   47 U.S.C. S: 154(i), 503(b).

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

   47 U.S.C. S: 301.

   47 C.F.R. S:S: 1.903(a) and 1.949(a).

   Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to Jack S. Mustoe,
   Senior Vice President, Chief Legal Officer and Corporate Secretary, Nova
   Chemicals Inc. (March 28, 2008) ("March 28, 2008 LOI").

   47 U.S.C. S: 301.

   47 C.F.R. S:S: 1.903(a) and 1.949(a).

   47 U.S.C. S: 301; 47 C.F.R. S: 1.903(a).

   47 C.F.R. S: 1.949(a).

   47 C.F.R. S: 1.955(a)(1).

   See March 28, 2008 LOI.

   Letter from Jeffrey E. Rummel, Esq., Counsel for Nova Chemicals Inc., to
   Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement
   Bureau, Federal Communications Commission (April 25, 2008) ("April 25,
   2008 LOI Response").

   Federal Communications Commission DA 08-1967

   Federal Communications Commission DA 08-1967

   6

   Federal Communications Commission DA 08-1967