On the other hand, if you pay your fine and then only do 25 that would make you compliant from that point on. So, using that analogy, If Locast pays the fine, and now makes donations volutary, wouldn't that mean they can remove the cease and desist order? I do wonder if that's what they are working on.Can you give a reference to exactly where in their license stations are required to do as you suggest? Stations are required to use their licenses (cannot be off air for more than a year) and are expected to use all of their license (full transmit power as licensed within 10% below or 5% above licensed power, IIRC) but OTA stations are not licensed or required to provide service to X number of people or X% of a defined area. They are licensed to transmit at a certain height and power. As long as they do that without interfering with other licensed services reception is the problem of the viewer. (There are other requirements, such as educational programming, political programming, etc. But I'll confine the statement to how a station is required to use their transmitter.)
Wishing it was different is common. Even I want it to be different. But wishing doesn't change the reality of the situation.
A cease and desist order (restraining order) needs to be followed. They can go back to the judge and say "hey, we have removed the nag screen and our signal is now freely available separate from donation". But they CANNOT continue to operate without the judge changing the order.
Think about it as being pulled over by a police officer for speeding. You're doing 55 in a 25, the police car pulls up behind you, the lights turn on. That tells you to STOP. You don't get to slow down to the speed limit and say "hey, I am now compliant". You STOP and stay stopped until the officer allows you to move again (with their choice of a warning or ticket or arrest - especially for 55 in a 25!). The judge says STOP ... you stop.