*Pages 1--2 from Microsoft Word - 30179* Federal Communications Commission DA 03- 2598 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of RALPH H. TYLER Licensee of Station KTSH( FM) Tishomingo, Oklahoma ) ) ) ) ) ) File No. EB- 01- IH- 0549 FRN: 0003731411 Facility ID No. 58348 ORDER Adopted: August 11, 2003 Released: August 12, 2003 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and Ralph H. Tyler (“ Tyler”). The Consent Decree terminates an investigation by the Enforcement Bureau into whether Tyler misrepresented facts to, or lacked candor with, the Commission regarding Station KTSH( FM), violated Sections 1.17 and/ or 73.1015 of the Commission’s rules 1 and engaged in related misconduct. 2. The Enforcement Bureau and Tyler have negotiated the terms of a Consent Decree that would resolve this matter and terminate the investigation. A copy of the Consent Decree is attached hereto and incorporated herein by reference. 3. Based upon the record before us, and in light of Tyler’s voluntary surrender of the KTSH( FM) authorization and acknowledgement of, and acceptance of responsibility for, his wrongdoing, we conclude that no substantial or material questions of fact exist as to whether Tyler possesses the basic qualifications, including those related to character, to hold, obtain, assign or transfer any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we believe that the public interest will be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4( i) and (j) of the Communications Act of 1934, as amended, 2 and Sections 0.111 and 0.311 of the Commission’s rules, 3 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau’s investigation of Tyler 1 47 C. F. R. §§ 1.17, 73. 1015. 2 47 U. S. C. §4( i) and (j). 3 47 C. F. R §§ 0.111, 0.311. 1 Federal Communications Commission DA 03- 2598 IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail, return receipt requested, to Ralph H. Tyler, 5101 South Shields Boulevard, Oklahoma City, Oklahoma 73129, and to Lee W. Shubert, Esq., KMZ Rosenman, 1025 Thomas Jefferson Street, N. W., East Lobby, Suite 700, Washington, D. C. 20007. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 2