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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


     In the Matter of               )                               
                                                                    
     Steven A. Roy                  )                               
                                                                    
     Personal Representative,       )   File Numbers: EB-06-PL-008  
                                                                    
     Estate of Lyle Evans           )   NAL/Acct. No. 200732420001  
                                                                    
     Antenna Structure Registrant   )               FRN 0015223530  
                                                                    
     Antenna Structure # 1059331    )                               
                                                                    
     Stephenson, Michigan           )                               


                                     ORDER

   Adopted: February 25, 2008 Released: February 27, 2008

   By the Associate Chief, Enforcement Bureau:

    1. In this Order, we adopt the attached Consent Decree entered into
       between the Enforcement Bureau ("Bureau") of the Federal
       Communications Commission ("FCC" or "Commission") and the Estate of
       Lyle R. Evans by Steven A. Roy, its appointed Personal Representative
       ("the Estate"). The Consent Decree terminates the Bureau's enforcement
       proceeding relating to the Estate's compliance with Section 17.51(a)
       of the Commission's Rules ("Rules").

    2. The Bureau and the Estate have negotiated the terms of a Consent
       Decree that would resolve these matters and terminate the enforcement
       proceeding. A copy of the Consent Decree is attached hereto and
       incorporated by reference.

    3. After reviewing the terms of the Consent Decree, we find that the
       public interest would be served by adopting the Consent Decree and
       terminating the enforcement proceeding.

    4. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 503(b) of
       the Act, and the authority delegated by Sections 0.111 and 0.311 of
       Rules, the Consent Decree attached to this Order IS ADOPTED.

    5. IT IS FURTHER ORDERED that the above-captioned enforcement proceeding
       IS TERMINATED.

    6. IT IS FURTHER ORDERED that the Estate shall make its voluntary
       contribution to the United States Treasury, as specified in the
       Consent Decree, by mailing a check or similar instrument payable to
       the order of the Federal Communications Commission, 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 NAL/Account number in
       block number 23A (call sign/other ID), and enter the letters "FORF" in
       block number 24A (payment type code).

    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 Denise Moline, Esq., counsel for Steven A. Roy, at 358
       Pines Blvd., Lake Villa, IL 60046.

   FEDERAL COMMUNICATIONS COMMISSION

   George R. Dillon

   Associate Chief, Enforcement Bureau

                                 CONSENT DECREE

   The Enforcement Bureau ("Bureau") and the Estate of Lyle R. Evans by
   Steven A. Roy, its appointed Personal Representative ("the Estate"), by
   their authorized representatives, hereby enter into this Consent Decree
   for the purpose of terminating the Enforcement Bureau's investigation into
   whether the Estate violated Section 303(q) of the Communications Act of
   1934, as amended, ("the Act"), 47 U.S.C. S: 303(q), and Section 17.51(a)
   of the Commission's Rules ("Rules"), 47 C.F.R. S: 17.51(a), by failing to
   exhibit all red obstruction lighting from sunset to sunrise on antenna
   structure # 1059331 in Stephenson, Michigan.

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

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

    d. "Compliance Plan" means the program described in this Consent Decree
       at paragraph 7.

    e. "Effective Date" means the date on which the Commission releases the
       Adopting Order.

    f. "FAA" means Federal Aviation Administration.

    g. "Investigation" means the investigation initiated by the Bureau
       regarding whether Roy violated Section 303(q) of the Act and Section
       17.51(a) of the Commission's rules.

    h. "Estate" means the Estate of Lyle R. Evans by Steven A. Roy, its
       appointed Personal Representative and his predecessors-in-interest and
       successors-in-interest.

    i. "NAL" means Notice of Apparent Liability for Forfeiture.

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

    k. "Parties" means the Estate and the Bureau.

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

   II. BACKGROUND

    1. Pursuant to Section 303(q) of the Act, antenna structure owners shall
       maintain the painting and lighting of antenna structures as prescribed
       by the Commission. Part 17 of the Rules is designed to promote air
       safety, by prescribing regulations for antenna structures that
       constitute or that potentially constitute "a menace to air
       navigation." Section 17.51(a) of the Rules requires that all red
       obstruction lighting be exhibited from sunset to sunrise unless
       otherwise specified.

    2. On January 25, 2007, the Bureau issued a Notice of Apparent Liability
       for Forfeiture ("NAL") proposing that the Estate be held liable for a
       forfeiture of ten thousand dollars ($10,000) under section
       503(b)(1)(B) of the Act, and ordered the Company either to pay the
       proposed forfeiture or file a written response within thirty (30) days
       of the NAL release date stating why the proposed forfeiture should be
       reduced or canceled.

   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. The Estate 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 FCC 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
       Commission or 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 or Commission 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 and to cancel its NAL. In consideration for the
       termination of said investigation and cancellation of the NAL, the
       Estate 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 the Estate 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 the Estate with respect to
       the Estate's basic qualifications, including his character
       qualifications, to hold Commission authorizations.

    7. Compliance Plan. For purposes of settling the matters set forth
       herein,  the Estate agrees 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. At the time of execution of this Consent Decree, the Estate has
       effected the repair of all tower obstruction lighting on Antenna
       Structure # 1059331 in Stephenson, Michigan. The tower lights are
       presently operating in compliance with the FAA requirements set forth
       in the tower's FCC Antenna Structure Registration.

    B. Monitoring of Tower Lighting: As part of his regular duties, and in
       compliance with Section 17.47(a) of the Commission's rules, and at the
       Estate's direction, the Programming Director at Station WMXG is
       checking the status of the tower lights twice daily, once during
       daylight hours, and once after sunset. This task will be retained as a
       management duty, and is not delegated to the Station's regular staff.
       The Programming Director accesses the tower lighting through an
       automated monitoring system which provides meter and monitoring
       readouts on the tower lighting, as well as on the output power, ERP,
       and various other systems of the WMXG transmission system. The
       automated system provides information whether the tower lights are in
       day or night mode, and whether the lights are operating normally or
       malfunctioning. The information retrieved from the automated system is
       logged, and the logs are maintained as part of the Station's technical
       records. In the event of any malfunction of the tower lights, the
       Programming Director has instructions to immediately notify the FAA,
       and thereafter to immediately arrange for repair of the tower lights.
       Upon completion of repairs, the FAA is notified that the tower lights
       are again operating normally.

    C. Maintenance and Repair of Tower Lighting. The tower lighting and
       associated automated monitoring equipment will be maintained and
       checked routinely at least every three months in compliance with
       Section 17.47(b) by the Licensee's Technical consultants and its Chief
       Operator as part of routine tower maintenance. The Station's chief
       engineer (the Chief Operator) checks the equipment at the transmitter
       site every two weeks, and will inspect the automated monitoring system
       each time, to be sure that the automated tower lighting reporting
       system is operating normally. Those inspections will be logged, and
       any repairs or maintenance performed will also be detailed.

    D. Reporting to FCC. The Estate will provide a report to the FCC
       regarding the tower lighting daily monitoring, and all maintenance and
       repair visits, including logs and documentation, 90 days from the date
       of the Consent Decree, and one year from the date of the Consent
       Decree.

    E. The Estate hereby certifies that the foregoing plan to maintain the
       Structure's tower lighting in compliance with the FAA requirements set
       forth in the tower's FCC antenna structure registration will continue
       indefinitely in the future.

   Compliance Reports. The Estate will file compliance reports with the
   Commission ninety days after the Effective Date and twelve months after
   the Effective Date. Each compliance report shall include a compliance
   certificate from the Estate, stating that the Estate 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 Sharon Webber, Regional Counsel, Northeast Region, Federal
   Communications Commission, One Oxford Valley Office Building, Room 404,
   2300 East Lincoln Highway, Langhorne, PA 19047.

    8. Voluntary Contribution. The Estate agrees that it will make a
       voluntary contribution to the United States Treasury in the amount of
       five thousand dollars ($5000) within ten (10) 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 NAL/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 NAL/Account number in block number 23A
       (call sign/other ID), and enter the letters "FORF" in block number 24A
       (payment type code).

    9. Waivers. the Estate  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 adopting this Consent Decree, provided the Commission
       issues an Order adopting the Consent Decree without change, addition,
       modification, or deletion. The Estate 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 the Estate nor the Commission shall contest
       the validity of the Consent Decree or the Adopting Order, and the
       Estate shall waive any statutory right to a trial de novo. The Estate
       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. Invalidation. In the event that this Consent Decree 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. 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.

   12. 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 the Estate does not expressly
       consent) that provision will be superseded by such Commission rule or
       order.

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

   14. 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.

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

   16. 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.

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

   18. 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.


     ________________________________                          
                                                               
     George R. Dillon                                          
                                                               
     Associate Chief                                           
                                                               
     Enforcement Bureau                                        
                                                               
     ________________________________                          
                                                               
     Date                                                      
                                                               
     ________________________________                          
                                                               
     Steven A. Roy                                             
                                                               
     Personal Representative for the Estate of Lyle R. Evans   
                                                               
     ________________________________                          
                                                               
     Date                                                      


   47 C.F.R. S: 17.51(a).

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

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

   47 U.S.C. S: 303(q); 47 C.F.R 17.51(a).

   47 U.S.C. S: 303(q).

   47 C.F.R. S: 17.51(a).

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732420001
   (Enf. Bur., St. Paul Office, released January 25, 2007).

   Federal Communications Commission DA 08-455

   4

   2

   Federal Communications Commission DA 08-455