83_FR_10774 83 FR 10726 - Birach Broadcasting Corporation, Applications for Renewal of Licenses of AM Radio Stations WBVA, Bayside, Virginia and WVAB, Virginia Beach, Virginia

83 FR 10726 - Birach Broadcasting Corporation, Applications for Renewal of Licenses of AM Radio Stations WBVA, Bayside, Virginia and WVAB, Virginia Beach, Virginia

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 48 (March 12, 2018)

Page Range10726-10729
FR Document2018-04942

This document commences a hearing to determine whether the applications filed by Birach Broadcasting Corporation (Birach) to renew its licenses for AM radio stations WBVA, Bayside, Virginia and WVAB, Virginia Beach, Virginia, should be granted. The applications have been designated for hearing based on the stations' extended periods of silence since April 1, 2008, when Birach became the licensee of the stations.

Federal Register, Volume 83 Issue 48 (Monday, March 12, 2018)
[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)]
[Notices]
[Pages 10726-10729]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04942]


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FEDERAL COMMUNICATIONS COMMISSION

[MB Docket No. 18-11; FCC 18-2]


Birach Broadcasting Corporation, Applications for Renewal of 
Licenses of AM Radio Stations WBVA, Bayside, Virginia and WVAB, 
Virginia Beach, Virginia

AGENCY: Federal Communications Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This document commences a hearing to determine whether the 
applications filed by Birach Broadcasting Corporation (Birach) to renew 
its licenses for AM radio stations WBVA, Bayside, Virginia and WVAB, 
Virginia Beach, Virginia, should be granted. The applications have been 
designated for hearing based on the stations' extended periods of 
silence since April 1, 2008, when Birach became the licensee of the 
stations.

DATES: Persons desiring to participate as parties in the hearing shall 
file a petition for leave to intervene not later than April 11, 2018.

ADDRESSES: File documents with the Office of the Secretary, Federal 
Communications Commission, 445 12th Street SW, Washington, DC 20554, 
with a copy mailed to each party to the proceeding. Each document that 
is filed in this proceeding must display on the front page the docket 
number of this hearing, ``MB Docket No. 18-11.''

FOR FURTHER INFORMATION CONTACT: Albert Shuldiner, Media Bureau, (202) 
418-2700.

SUPPLEMENTARY INFORMATION: This is a summary of the Hearing Designation 
Order (Order), MB Docket No. 18-11, FCC 18-2, adopted January 19, 2018, 
and released January 22, 2018. The full text of the Order is available 
for inspection and copying during normal business hours in the FCC's 
Reference Information Center at Portals II, CY-A257, 445 12th Street 
SW, Washington, DC 20554. The full text is also available online at 
http://apps.fcc.gov/ecfs/.

Summary of the Hearing Designation Order

    1. The Order commences a hearing proceeding before the Commission 
to determine whether the applications filed by Birach Broadcasting 
Corporation (Birach) to renew the licenses for AM radio stations WBVA, 
Bayside, Virginia (WBVA Renewal Application), and WVAB(AM), Virginia 
Beach, Virginia (WVAB Renewal Application) should be granted pursuant 
to section 309(k)(1) of the

[[Page 10727]]

Communications Act of 1934 (Act), 47 U.S.C. 309(k)(1). The WBVA Renewal 
Application and the WVAB Renewal Applications are designated for 
hearing based on the stations' records of extended periods of silence 
during and following their license renewal terms.
    2. A broadcast licensee's authorization to use radio spectrum in 
the public interest carries with it the obligation that the station 
serve its community, providing programming responsive to local needs 
and interests. Broadcast licensees also are required to operate in 
compliance with the Act and the Commission's rules (Rules). These 
requirements include the obligation to transmit potentially lifesaving 
national level Emergency Alert System (EAS) messages in times of 
emergency and to engage in periodic tests to ensure that their stations 
are equipped to do so.
    3. The basic duty of broadcast licensees to serve their communities 
is reflected in the license renewal provisions of the Act. In 1996, 
Congress revised the Commission's license renewal process and the 
renewal standards for broadcast stations by adopting Section 309(k) of 
the Act, 47 U.S.C. 309(k). Section 309(k)(1) of the Act, 47 U.S.C. 
309(k)(1), provides that the Commission shall grant a license renewal 
application if it finds, with respect to the applying station, that 
during the preceding license term: (a) The station has served the 
public interest, convenience, and necessity; (b) there have been no 
serious violations by the licensee of the Act or the Rules; and (c) 
there have been no other violations by the licensee of the Act or the 
Rules which, taken together, would constitute a pattern of abuse. 
Section 309(k)(2) of the Act, 47 U.S.C. 309(k)(2), provides that if a 
station fails to meet the foregoing standard, the Commission may deny 
the renewal application pursuant to section 309(k)(3), 47 U.S.C. 
309(k)(3), or grant the application on appropriate terms and 
conditions, including a short-term renewal. Section 309(k)(3) of the 
Act, 47 U.S.C. 309(k)(3), provides that if the Commission determines, 
after notice and opportunity for hearing, that the licensee has failed 
to meet the standard of section 309(k)(1), 47 U.S.C. 309(k)(1), and 
that no mitigating factors justify the imposition of lesser sanctions, 
the Commission shall issue an order denying the license renewal 
application for the station.
    4. The assignment of the licenses of WBVA and WVAB from an estate 
in bankruptcy to Birach was consummated on April 1, 2008. WBVA's 
operational history since that date is as follows: (a) Silent for 1225 
days during the remaining license term from April 1, 2008 to October 1, 
2011 (with 151 of those days unauthorized) and for 2186 days from 
October 2, 2011 to November 30, 2017 (with 141 of those days 
unauthorized); and (b) operating at 30 watts of power pursuant to 
special temporary authority (STA) for 54 days during the remaining 
license term in 2009-2011 (22 days in 2009, 10 days in 2010, and 22 
days in 2011) and for 66 days from the end of the license term until 
November 30, 2017 (14 days in 2012, 6 days in 2013, 4 days in 2014, 8 
days in 2015, 8 days in 2016, and 26 days in 2017).
    5. WBVA is a Class C AM station licensed to operate with 1 kilowatt 
of power from a site in Virginia Beach, Virginia. Shortly before Birach 
purchased WBVA, the interim trustee in bankruptcy filed an application 
for STA to go silent, explaining that the station's tower had been 
vandalized and fallen, on or about March 15, 2008. During Birach's 
tenure as licensee of WBVA for the balance of the license term ending 
in 2011, the station was silent except for brief periods of operations 
from temporary sites with a power level of 30 watts. On May 18, 2011, 
Birach filed the WBVA Renewal Application.
    6. Following the filing of the WBVA Renewal Application, WBVA 
continued its pattern of brief 30-watt operations followed by extended 
periods of silence. In 2013, Birach sought and received a construction 
permit for permanent full-power operation at a new transmitter site. 
However, that permit expired after three years. Birach stated that it 
was unable to obtain zoning approval to construct a tower at that site.
    7. WBVA's temporary 30-watt operations were limited in the area 
served as well as the days of operation. Although those low-power 
operations provided city-grade coverage of the community of license 
(Bayside, Virginia), they covered approximately ten percent of the 
station's licensed service area, excluding areas covered by water.
    8. WVAB's operational history from April 1, 2008 through November 
30, 2017 is as follows: (a) Silent for 1231 days during the remaining 
license term from April 1, 2008 to October 1, 2011 (with 157 of those 
days unauthorized) and for 1943 days from October 2, 2011 to November 
30, 2017 (with 153 of those days unauthorized); and (b) operating at 6 
watts of power pursuant to STA for 48 days during the remaining license 
term in 2009-2011 (16 days in 2009, 10 days in 2010, and 22 days in 
2011) and for 309 days from the end of the license term until November 
30, 2017 (14 days in 2012, 6 days in 2013, 9 days in 2014, 12 days in 
2015, 19 days in 2016, and 249 days in 2017).
    9. WVAB is a Class C AM station licensed to operate with 5 
kilowatts of power. Within the relevant time periods, WVAB has always 
been co-located with WBVA. WVAB's operational history has been similar 
to WBVA's during the time period under review, except WVAB has operated 
with only 6 watts of power during its STA operations. At the STA power 
level of 6 watts, WVAB serves only a small portion of its community of 
license (Virginia Beach, Virginia). A modification of a licensed AM 
station requires 50 percent coverage of the population and land area of 
the station's community of license with a city-grade signal. WVAB's STA 
service provides a predicted city-grade signal to only 6.3 percent of 
the Virginia Beach population and 1.7 percent of the Virginia Beach 
land area. As for overall signal coverage, WVAB's predicted coverage 
for its STA operation is less than two percent of its licensed coverage 
area.
    10. Section 309(k)(3) of the Act, 47 U.S.C. 309(k)(3), requires 
``notice and opportunity for a hearing as provided in subsection (e).'' 
Section 309(e), 47 U.S.C. 309(e), requires a ``full hearing in which 
the applicant and all other parties in interest shall be permitted to 
participate.'' The Commission and courts have held that the hearing 
need not be a trial-type evidentiary hearing meeting the standards of 
sections 554 and 556 of the Administrative Procedure Act, 5 U.S.C. 554, 
556. The Commission has repeatedly observed that trial-type hearings 
impose significant burdens and delays, both on applicants and the 
agency. We have found no substantial issues of material fact or any 
credibility issues regarding these renewal applications. We thus 
believe cases such as this one can be appropriately resolved with a 
``paper'' hearing.
    11. We have identified no substantial and material questions of 
fact with respect to the WBVA Renewal Application and the WVAB Renewal 
Application, which present only a narrow range of issues for Commission 
consideration. Thus, many Subpart B rules are facially irrelevant to 
this proceeding. In these circumstances, we find that the use of 
summary procedures would expedite the resolution of this hearing while 
affording Birach the full hearing required by section 309, 47 U.S.C. 
309, and not placing unnecessary burdens on the licensee. Accordingly, 
we find that the following rules are either inapplicable to or would 
serve no useful purpose in this proceeding: 47

[[Page 10728]]

CFR 1.221(c)-(h); 1.241-1.253; 1.255-1.279; 1.282(a) and (b)(2); 1.297-
1.340; and 1.352-1.364.
    12. Anyone seeking status as a party in interest in this proceeding 
must file a petition to intervene in accordance with 47 CFR 1.223(a). 
Anyone else seeking to participate in the hearing as a party may file a 
petition for leave to intervene in accordance with 47 CFR 1.223(b). Any 
filing in this docket must be served in accordance with 47 CFR 1.211 on 
all other parties, including each person or entity that has filed a 
petition to intervene or petition for leave to intervene, pending a 
ruling on each such petition. We expect that intervenor status will be 
granted only with respect to a specific Birach station unless a showing 
is made that the intervenor has standing to participate more broadly.
    13. Birach shall have the right to seek reconsideration of any 
interlocutory action in this proceeding. Accordingly, we waive the 47 
CFR 1.106(a) restriction limiting the filing of a petition for 
reconsideration by Birach of this hearing designation order.
    14. Birach shall file in this docket, within 30 days of publication 
of notice of the Order in the Federal Register, complete copies of the 
following records for WBVA and WVAB (as such records exist as of the 
release date of the Order): (a) All station logs for the relevant 
license term; (b) all quarterly issues and programs lists for the 
relevant license term; and (c) to the extent not included in the 
station logs, all EAS System participant records for the relevant 
license term. Birach may not destroy or remove any of such records 
prior to such filing, or redact or modify any information in such 
records as they exist as of the release date of the Order. In the event 
that, on or after the release date of the Order, Birach creates or 
modifies any documents that it so provides, each such document should 
be prominently marked with the date that it was created or revised 
(identifying the revision(s)) and Birach should include in the 
sponsoring affidavit or declaration an explanation of who created or 
revised the document and when he or she did so. We otherwise will 
conduct the hearing without discovery, although the Commission or its 
staff may make inquiries or conduct investigations pursuant to Part 73 
of the Rules and any reports filed in this docket as a result of such 
inquiries or investigations will become part of the record in this 
hearing.
    15. We will take official notice of all publicly-available 
Commission records for WBVA and WVAB as part of the record in this 
docket. Birach has the burden of proceeding with evidence and the 
burden of proof in this hearing. Within 60 days of publication of 
notice of the Order in the Federal Register, Birach will file a written 
direct case on the designated issues for WBVA and WVAB, no longer than 
50 pages, and supported by an affidavit or unsworn declaration pursuant 
to 47 CFR 1.16. Within 30 days of Birach's filing, any other person 
granted party status may file a responsive submission, no longer than 
25 pages and supported by an affidavit or unsworn declaration. Within 
10 days of the deadline for filing such responses, Birach may file a 
rebuttal submission addressing all responses, no longer than 25 pages 
and supported by an affidavit or unsworn declaration.
    16. Accordingly, it is ordered, pursuant to sections 309(e) and 
(k)(3) and 312(g) of the Communications Act of 1934, as amended, 47 
U.S.C. 309(e), 309(k)(3) and 312(g), the captioned applications for 
renewal of licenses for Stations WBVA(AM) and WVAB(AM) are designated 
for a hearing upon the following issues: (a) To determine, with respect 
to Station WBVA(AM), Bayside, Virginia, whether, during the preceding 
license term, (i) the station has served the public interest, 
convenience, and necessity, (ii) there have been any serious violations 
by the licensee of the Communications Act of 1934, as amended, or the 
rules and regulations of the Commission, and (iii) there have been any 
other violations of the Communications Act of 1934, as amended, or the 
rules and regulations of the Commission which, taken together, would 
constitute a pattern of abuse; (b) In light of the evidence adduced 
pursuant to issue (a) above, whether the captioned application for 
renewal of the license for Station WBVA(AM) should be granted on such 
terms and conditions as are appropriate, including renewal for a term 
less than the maximum otherwise permitted, or denied due to failure to 
satisfy the requirements of section 309(k)(1) of the Communications Act 
of 1934, as amended, 47 U.S.C. 309(k)(1); (c) To determine, with 
respect to Station WVAB(AM), Virginia Beach, Virginia, whether, during 
the preceding license term, (i) the station has served the public 
interest, convenience, and necessity, (ii) there have been any serious 
violations by the licensee of the Communications Act of 1934, as 
amended, or the rules and regulations of the Commission, and (iii) 
there have been any other violations of the Communications Act of 1934, 
as amended, or the rules and regulations of the Commission which, taken 
together, would constitute a pattern of abuse; and (d) In light of the 
evidence adduced pursuant to issue (c) above, whether the captioned 
application for renewal of the license for Station WVAB(AM) should be 
granted on such terms and conditions as are appropriate, including 
renewal for a term less than the maximum otherwise permitted, or denied 
due to failure to satisfy the requirements of section 309(k)(1) of the 
Communications Act of 1934, as amended, 47 U.S.C. 309(k)(1).
    17. It is further ordered, pursuant to section 309(e) of the 
Communications Act of 1934, as amended, 47 U.S.C. 309(e), and section 
1.254 of the Commission's rules, 47 CFR 1.254, that the burden of 
proceeding with the introduction of evidence and the burden of proof 
with respect to the issues specified in Paragraph 22 of the Order shall 
be on the applicant, Birach Broadcasting Corporation.
    18. It is further ordered that Birach Broadcasting Corporation is 
made a party to this proceeding.
    19. It is further ordered that, to avail itself of the opportunity 
to be heard and the right to present evidence at a hearing in these 
proceedings, Birach Broadcasting Corporation shall file complete and 
correct copies of the documents described in Paragraph 20 of the Order, 
on or before the date specified. If Birach Broadcasting Corporation 
fails to file such documents for either WBVA(AM) or WVAB(AM) within the 
time specified, or a petition to accept, for good cause shown, such 
filing beyond the expiration of such period, its captioned license 
renewal application for such station shall be dismissed with prejudice 
for failure to prosecute and the license of such station shall be 
terminated.
    20. It is further ordered that Birach Broadcasting Corporation 
shall, pursuant to section 311(a)(2) of the Communications Act of 1934, 
as amended, 47 U.S.C. 311(a)(2), and 47 CFR 73.3594, give notice of the 
hearing within the time and in the manner prescribed therein, and 
thereafter submit the statement described in 47 CFR 73.3594(g).
    21. It is further ordered that a copy of this Order shall be sent 
by Certified Mail, Return Receipt Requested, and by regular first-class 
mail to Birach Broadcasting Corporation, 21700 Northwestern Highway, 
Tower 14, Suite 1190, Southfield MI 48075, with a copy to its counsel 
of record, John C. Trent, Esq., 200 South Church Street, Woodstock, VA 
22664.
    22. It is further ordered that the Secretary of the Commission 
shall cause

[[Page 10729]]

to have this Order or a summary thereof published in the Federal 
Register.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2018-04942 Filed 3-9-18; 8:45 am]
 BILLING CODE 6712-01-P



                                             10726                         Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Notices

                                             time allowed by this notice, you should                    Nature of Extent of Confidentiality:               FEDERAL COMMUNICATIONS
                                             advise the contact listed below as soon                 The Commission is not requesting that                 COMMISSION
                                             as possible.                                            the respondents submit confidential
                                                                                                                                                           [MB Docket No. 18–11; FCC 18–2]
                                             ADDRESSES: Direct all PRA comments to                   information to the FCC. Respondents
                                             Nicole Ongele, FCC, via email PRA@                      may, however, request confidential                    Birach Broadcasting Corporation,
                                             fcc.gov and to Nicole.Ongele@fcc.gov.                   treatment for information they believe to             Applications for Renewal of Licenses
                                             FOR FURTHER INFORMATION CONTACT: For                    be confidential under 47 CFR 0.459 of                 of AM Radio Stations WBVA, Bayside,
                                             additional information about the                        the Commission’s rules.                               Virginia and WVAB, Virginia Beach,
                                             information collection, contact Nicole                     Needs and Uses: This collection will               Virginia
                                             Ongele at (202) 418–2991.                               be submitted as an extension to the                   AGENCY: Federal Communications
                                             SUPPLEMENTARY INFORMATION: As part of                   Office of Management and Budget                       Commission.
                                             its continuing effort to reduce                         (OMB) in order to obtain the full three               ACTION: Notice.
                                             paperwork burdens, and as required by                   year clearance.
                                             the Paperwork Reduction Act (PRA) of                                                                          SUMMARY:    This document commences a
                                             1995 (44 U.S.C. 3501–3520), the Federal                    In CC Docket No. 96–187, the
                                                                                                     Commission adopted measures to                        hearing to determine whether the
                                             Communications Commission (FCC or                                                                             applications filed by Birach
                                             Commission) invites the general public                  streamline tariff filing requirements for
                                                                                                                                                           Broadcasting Corporation (Birach) to
                                             and other Federal agencies to take this                 local exchange carriers (LECs) pursuant
                                                                                                                                                           renew its licenses for AM radio stations
                                             opportunity to comment on the                           to the Telecommunications Act of 1996.
                                                                                                                                                           WBVA, Bayside, Virginia and WVAB,
                                             following information collections.                      In order to achieve a streamlined and                 Virginia Beach, Virginia, should be
                                             Comments are requested concerning:                      deregulatory environment for LEC tariff               granted. The applications have been
                                             Whether the proposed collection of                      filings, LECs are required to file tariffs            designated for hearing based on the
                                             information is necessary for the proper                 electronically. Other carriers are                    stations’ extended periods of silence
                                             performance of the functions of the                     permitted to file their tariffs                       since April 1, 2008, when Birach
                                             Commission, including whether the                       electronically. There are six information             became the licensee of the stations.
                                             information shall have practical utility;               collection requirements under this OMB                DATES: Persons desiring to participate as
                                             the accuracy of the Commission’s                        control number: (1) Electronic filing                 parties in the hearing shall file a
                                             burden estimate; ways to enhance the                    requirement; (2) requirement that                     petition for leave to intervene not later
                                             quality, utility, and clarity of the                    carriers desiring tariffs proposing rate              than April 11, 2018.
                                             information collected; ways to minimize                 decreases to be effective in seven days               ADDRESSES: File documents with the
                                             the burden of the collection of                         file separate transmittals; (3)                       Office of the Secretary, Federal
                                             information on the respondents,                         requirement that carriers identify                    Communications Commission, 445 12th
                                             including the use of automated                          transmittals filed pursuant to the                    Street SW, Washington, DC 20554, with
                                             collection techniques or other forms of                 streamlined provisions of the                         a copy mailed to each party to the
                                             information technology; and ways to                     Telecommunications Act of 1996; (4)                   proceeding. Each document that is filed
                                             further reduce the information                          requirement that price cap LECs file                  in this proceeding must display on the
                                             collection burden on small business
                                                                                                     their Tariff Review Plans (TRPs) prior to             front page the docket number of this
                                             concerns with fewer than 25 employees.
                                                                                                     filing their annual access tariffs; (5)               hearing, ‘‘MB Docket No. 18–11.’’
                                                OMB Control Number: 3060–0745.
                                                Title: Implementation of the Local                   petitions and replies; and (6) standard               FOR FURTHER INFORMATION CONTACT:
                                             Exchange Carrier Tariff Streamlining                    protective orders.                                    Albert Shuldiner, Media Bureau, (202)
                                             Provisions in the Telecommunications                       The information collected under the                418–2700.
                                             Act of 1996, CC Docket No. 96–187.                      electronic filing program will facilitate             SUPPLEMENTARY INFORMATION: This is a
                                                Form Number: N/A.                                    access to tariffs and associated                      summary of the Hearing Designation
                                                Type of Review: Extension of a                       documents by the public, especially by                Order (Order), MB Docket No. 18–11,
                                             currently approved collection.                          interested persons who do not have                    FCC 18–2, adopted January 19, 2018,
                                                Respondents: Business or other for-                  ready access to the Commission’s public               and released January 22, 2018. The full
                                             profit.                                                 reference room, and state and federal                 text of the Order is available for
                                                Number of Respondents and                            regulators. Ready electronic access to                inspection and copying during normal
                                             Responses: 50 respondents; 1,536                        carrier tariffs should also facilitate the            business hours in the FCC’s Reference
                                             responses.                                              compilation of aggregate data for                     Information Center at Portals II, CY–
                                                Estimated Time per Response: .25–6                                                                         A257, 445 12th Street SW, Washington,
                                                                                                     industry analysis purposes without
                                             hours.                                                                                                        DC 20554. The full text is also available
                                                Obligation to Respond: Required to                   imposing new reporting requirements
                                                                                                                                                           online at http://apps.fcc.gov/ecfs/.
                                             obtain or maintain benefits. Statutory                  on carriers. All of the requirements will
                                             authority for this information collection               be used to ensure that LECs comply                    Summary of the Hearing Designation
                                             is contained in sections 1, 4(i), and                   with their obligations under the                      Order
                                             204(a)(3) of the Communications Act of                  Communications Act of 1934, as                           1. The Order commences a hearing
                                             1934, as amended 47 U.S.C. 151, 154(i)                  amended and that the Commission will                  proceeding before the Commission to
                                             and 204(a)(3).                                          be able to ensure compliance within the               determine whether the applications
                                                Frequency of Response: On occasion                   streamlined timeframes established by                 filed by Birach Broadcasting
amozie on DSK30RV082PROD with NOTICES




                                             reporting requirement, recordkeeping                    the 1996 Act.                                         Corporation (Birach) to renew the
                                             requirement and third-party disclosure                  Federal Communications Commission.                    licenses for AM radio stations WBVA,
                                             requirement.                                                                                                  Bayside, Virginia (WBVA Renewal
                                                                                                     Marlene H. Dortch,
                                                Total Annual Burden: 4,054 hours.                                                                          Application), and WVAB(AM), Virginia
                                                Total Annual Cost: $701,550.                         Secretary, Office of the Secretary.                   Beach, Virginia (WVAB Renewal
                                                Privacy Act Impact Assessment: No                    [FR Doc. 2018–04944 Filed 3–9–18; 8:45 am]            Application) should be granted
                                             impact(s).                                              BILLING CODE 6712–01–P                                pursuant to section 309(k)(1) of the


                                        VerDate Sep<11>2014   18:12 Mar 09, 2018   Jkt 244001   PO 00000   Frm 00071   Fmt 4703   Sfmt 4703   E:\FR\FM\12MRN1.SGM   12MRN1


                                                                           Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Notices                                              10727

                                             Communications Act of 1934 (Act), 47                    remaining license term from April 1,                  12 days in 2015, 19 days in 2016, and
                                             U.S.C. 309(k)(1). The WBVA Renewal                      2008 to October 1, 2011 (with 151 of                  249 days in 2017).
                                             Application and the WVAB Renewal                        those days unauthorized) and for 2186                    9. WVAB is a Class C AM station
                                             Applications are designated for hearing                 days from October 2, 2011 to November                 licensed to operate with 5 kilowatts of
                                             based on the stations’ records of                       30, 2017 (with 141 of those days                      power. Within the relevant time
                                             extended periods of silence during and                  unauthorized); and (b) operating at 30                periods, WVAB has always been co-
                                             following their license renewal terms.                  watts of power pursuant to special                    located with WBVA. WVAB’s
                                                2. A broadcast licensee’s                            temporary authority (STA) for 54 days                 operational history has been similar to
                                             authorization to use radio spectrum in                  during the remaining license term in                  WBVA’s during the time period under
                                             the public interest carries with it the                 2009–2011 (22 days in 2009, 10 days in                review, except WVAB has operated with
                                             obligation that the station serve its                   2010, and 22 days in 2011) and for 66                 only 6 watts of power during its STA
                                             community, providing programming                        days from the end of the license term                 operations. At the STA power level of
                                             responsive to local needs and interests.                until November 30, 2017 (14 days in                   6 watts, WVAB serves only a small
                                             Broadcast licensees also are required to                2012, 6 days in 2013, 4 days in 2014, 8               portion of its community of license
                                             operate in compliance with the Act and                  days in 2015, 8 days in 2016, and 26                  (Virginia Beach, Virginia). A
                                             the Commission’s rules (Rules). These                   days in 2017).                                        modification of a licensed AM station
                                             requirements include the obligation to                     5. WBVA is a Class C AM station                    requires 50 percent coverage of the
                                             transmit potentially lifesaving national                licensed to operate with 1 kilowatt of                population and land area of the station’s
                                             level Emergency Alert System (EAS)                      power from a site in Virginia Beach,                  community of license with a city-grade
                                             messages in times of emergency and to                   Virginia. Shortly before Birach                       signal. WVAB’s STA service provides a
                                             engage in periodic tests to ensure that                 purchased WBVA, the interim trustee in                predicted city-grade signal to only 6.3
                                             their stations are equipped to do so.                   bankruptcy filed an application for STA               percent of the Virginia Beach
                                                3. The basic duty of broadcast                       to go silent, explaining that the station’s           population and 1.7 percent of the
                                             licensees to serve their communities is                 tower had been vandalized and fallen,                 Virginia Beach land area. As for overall
                                             reflected in the license renewal                        on or about March 15, 2008. During                    signal coverage, WVAB’s predicted
                                             provisions of the Act. In 1996, Congress                Birach’s tenure as licensee of WBVA for               coverage for its STA operation is less
                                             revised the Commission’s license                        the balance of the license term ending                than two percent of its licensed
                                             renewal process and the renewal                         in 2011, the station was silent except for            coverage area.
                                             standards for broadcast stations by                     brief periods of operations from                         10. Section 309(k)(3) of the Act, 47
                                             adopting Section 309(k) of the Act, 47                  temporary sites with a power level of 30              U.S.C. 309(k)(3), requires ‘‘notice and
                                             U.S.C. 309(k). Section 309(k)(1) of the                 watts. On May 18, 2011, Birach filed the              opportunity for a hearing as provided in
                                             Act, 47 U.S.C. 309(k)(1), provides that                 WBVA Renewal Application.                             subsection (e).’’ Section 309(e), 47
                                             the Commission shall grant a license                       6. Following the filing of the WBVA                U.S.C. 309(e), requires a ‘‘full hearing in
                                             renewal application if it finds, with                   Renewal Application, WBVA continued                   which the applicant and all other
                                             respect to the applying station, that                   its pattern of brief 30-watt operations               parties in interest shall be permitted to
                                             during the preceding license term: (a)                  followed by extended periods of silence.              participate.’’ The Commission and
                                             The station has served the public                       In 2013, Birach sought and received a                 courts have held that the hearing need
                                             interest, convenience, and necessity; (b)               construction permit for permanent full-               not be a trial-type evidentiary hearing
                                             there have been no serious violations by                power operation at a new transmitter                  meeting the standards of sections 554
                                             the licensee of the Act or the Rules; and               site. However, that permit expired after              and 556 of the Administrative
                                             (c) there have been no other violations                 three years. Birach stated that it was                Procedure Act, 5 U.S.C. 554, 556. The
                                             by the licensee of the Act or the Rules                 unable to obtain zoning approval to                   Commission has repeatedly observed
                                             which, taken together, would constitute                 construct a tower at that site.                       that trial-type hearings impose
                                             a pattern of abuse. Section 309(k)(2) of                   7. WBVA’s temporary 30-watt                        significant burdens and delays, both on
                                             the Act, 47 U.S.C. 309(k)(2), provides                  operations were limited in the area                   applicants and the agency. We have
                                             that if a station fails to meet the                     served as well as the days of operation.              found no substantial issues of material
                                             foregoing standard, the Commission                      Although those low-power operations                   fact or any credibility issues regarding
                                             may deny the renewal application                        provided city-grade coverage of the                   these renewal applications. We thus
                                             pursuant to section 309(k)(3), 47 U.S.C.                community of license (Bayside,                        believe cases such as this one can be
                                             309(k)(3), or grant the application on                  Virginia), they covered approximately                 appropriately resolved with a ‘‘paper’’
                                             appropriate terms and conditions,                       ten percent of the station’s licensed                 hearing.
                                             including a short-term renewal. Section                 service area, excluding areas covered by                 11. We have identified no substantial
                                             309(k)(3) of the Act, 47 U.S.C. 309(k)(3),              water.                                                and material questions of fact with
                                             provides that if the Commission                            8. WVAB’s operational history from                 respect to the WBVA Renewal
                                             determines, after notice and opportunity                April 1, 2008 through November 30,                    Application and the WVAB Renewal
                                             for hearing, that the licensee has failed               2017 is as follows: (a) Silent for 1231               Application, which present only a
                                             to meet the standard of section                         days during the remaining license term                narrow range of issues for Commission
                                             309(k)(1), 47 U.S.C. 309(k)(1), and that                from April 1, 2008 to October 1, 2011                 consideration. Thus, many Subpart B
                                             no mitigating factors justify the                       (with 157 of those days unauthorized)                 rules are facially irrelevant to this
                                             imposition of lesser sanctions, the                     and for 1943 days from October 2, 2011                proceeding. In these circumstances, we
                                             Commission shall issue an order                         to November 30, 2017 (with 153 of those               find that the use of summary procedures
                                             denying the license renewal application                 days unauthorized); and (b) operating at              would expedite the resolution of this
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                                             for the station.                                        6 watts of power pursuant to STA for 48               hearing while affording Birach the full
                                                4. The assignment of the licenses of                 days during the remaining license term                hearing required by section 309, 47
                                             WBVA and WVAB from an estate in                         in 2009–2011 (16 days in 2009, 10 days                U.S.C. 309, and not placing unnecessary
                                             bankruptcy to Birach was consummated                    in 2010, and 22 days in 2011) and for                 burdens on the licensee. Accordingly,
                                             on April 1, 2008. WBVA’s operational                    309 days from the end of the license                  we find that the following rules are
                                             history since that date is as follows: (a)              term until November 30, 2017 (14 days                 either inapplicable to or would serve no
                                             Silent for 1225 days during the                         in 2012, 6 days in 2013, 9 days in 2014,              useful purpose in this proceeding: 47


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                                             10728                         Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Notices

                                             CFR 1.221(c)–(h); 1.241–1.253; 1.255–                   record in this docket. Birach has the                 would constitute a pattern of abuse; and
                                             1.279; 1.282(a) and (b)(2); 1.297–1.340;                burden of proceeding with evidence and                (d) In light of the evidence adduced
                                             and 1.352–1.364.                                        the burden of proof in this hearing.                  pursuant to issue (c) above, whether the
                                                12. Anyone seeking status as a party                 Within 60 days of publication of notice               captioned application for renewal of the
                                             in interest in this proceeding must file                of the Order in the Federal Register,                 license for Station WVAB(AM) should
                                             a petition to intervene in accordance                   Birach will file a written direct case on             be granted on such terms and conditions
                                             with 47 CFR 1.223(a). Anyone else                       the designated issues for WBVA and                    as are appropriate, including renewal
                                             seeking to participate in the hearing as                WVAB, no longer than 50 pages, and                    for a term less than the maximum
                                             a party may file a petition for leave to                supported by an affidavit or unsworn                  otherwise permitted, or denied due to
                                             intervene in accordance with 47 CFR                     declaration pursuant to 47 CFR 1.16.                  failure to satisfy the requirements of
                                             1.223(b). Any filing in this docket must                Within 30 days of Birach’s filing, any                section 309(k)(1) of the Communications
                                             be served in accordance with 47 CFR                     other person granted party status may                 Act of 1934, as amended, 47 U.S.C.
                                             1.211 on all other parties, including                   file a responsive submission, no longer               309(k)(1).
                                             each person or entity that has filed a                  than 25 pages and supported by an                        17. It is further ordered, pursuant to
                                             petition to intervene or petition for                   affidavit or unsworn declaration. Within              section 309(e) of the Communications
                                             leave to intervene, pending a ruling on                 10 days of the deadline for filing such               Act of 1934, as amended, 47 U.S.C.
                                             each such petition. We expect that                      responses, Birach may file a rebuttal                 309(e), and section 1.254 of the
                                             intervenor status will be granted only                  submission addressing all responses, no               Commission’s rules, 47 CFR 1.254, that
                                             with respect to a specific Birach station               longer than 25 pages and supported by                 the burden of proceeding with the
                                             unless a showing is made that the                       an affidavit or unsworn declaration.                  introduction of evidence and the burden
                                             intervenor has standing to participate                                                                        of proof with respect to the issues
                                                                                                        16. Accordingly, it is ordered,
                                             more broadly.                                                                                                 specified in Paragraph 22 of the Order
                                                13. Birach shall have the right to seek              pursuant to sections 309(e) and (k)(3)
                                                                                                     and 312(g) of the Communications Act                  shall be on the applicant, Birach
                                             reconsideration of any interlocutory                                                                          Broadcasting Corporation.
                                             action in this proceeding. Accordingly,                 of 1934, as amended, 47 U.S.C. 309(e),
                                                                                                     309(k)(3) and 312(g), the captioned                      18. It is further ordered that Birach
                                             we waive the 47 CFR 1.106(a) restriction
                                                                                                     applications for renewal of licenses for              Broadcasting Corporation is made a
                                             limiting the filing of a petition for
                                                                                                     Stations WBVA(AM) and WVAB(AM)                        party to this proceeding.
                                             reconsideration by Birach of this
                                                                                                     are designated for a hearing upon the                    19. It is further ordered that, to avail
                                             hearing designation order.
                                                14. Birach shall file in this docket,                following issues: (a) To determine, with              itself of the opportunity to be heard and
                                             within 30 days of publication of notice                 respect to Station WBVA(AM), Bayside,                 the right to present evidence at a
                                             of the Order in the Federal Register,                   Virginia, whether, during the preceding               hearing in these proceedings, Birach
                                             complete copies of the following records                license term, (i) the station has served              Broadcasting Corporation shall file
                                             for WBVA and WVAB (as such records                      the public interest, convenience, and                 complete and correct copies of the
                                             exist as of the release date of the Order):             necessity, (ii) there have been any                   documents described in Paragraph 20 of
                                             (a) All station logs for the relevant                   serious violations by the licensee of the             the Order, on or before the date
                                             license term; (b) all quarterly issues and              Communications Act of 1934, as                        specified. If Birach Broadcasting
                                             programs lists for the relevant license                 amended, or the rules and regulations of              Corporation fails to file such documents
                                             term; and (c) to the extent not included                the Commission, and (iii) there have                  for either WBVA(AM) or WVAB(AM)
                                             in the station logs, all EAS System                     been any other violations of the                      within the time specified, or a petition
                                             participant records for the relevant                    Communications Act of 1934, as                        to accept, for good cause shown, such
                                             license term. Birach may not destroy or                 amended, or the rules and regulations of              filing beyond the expiration of such
                                             remove any of such records prior to                     the Commission which, taken together,                 period, its captioned license renewal
                                             such filing, or redact or modify any                    would constitute a pattern of abuse; (b)              application for such station shall be
                                             information in such records as they                     In light of the evidence adduced                      dismissed with prejudice for failure to
                                             exist as of the release date of the Order.              pursuant to issue (a) above, whether the              prosecute and the license of such station
                                             In the event that, on or after the release              captioned application for renewal of the              shall be terminated.
                                             date of the Order, Birach creates or                    license for Station WBVA(AM) should                      20. It is further ordered that Birach
                                             modifies any documents that it so                       be granted on such terms and conditions               Broadcasting Corporation shall,
                                             provides, each such document should                     as are appropriate, including renewal                 pursuant to section 311(a)(2) of the
                                             be prominently marked with the date                     for a term less than the maximum                      Communications Act of 1934, as
                                             that it was created or revised                          otherwise permitted, or denied due to                 amended, 47 U.S.C. 311(a)(2), and 47
                                             (identifying the revision(s)) and Birach                failure to satisfy the requirements of                CFR 73.3594, give notice of the hearing
                                             should include in the sponsoring                        section 309(k)(1) of the Communications               within the time and in the manner
                                             affidavit or declaration an explanation                 Act of 1934, as amended, 47 U.S.C.                    prescribed therein, and thereafter
                                             of who created or revised the document                  309(k)(1); (c) To determine, with respect             submit the statement described in 47
                                             and when he or she did so. We                           to Station WVAB(AM), Virginia Beach,                  CFR 73.3594(g).
                                             otherwise will conduct the hearing                      Virginia, whether, during the preceding                  21. It is further ordered that a copy of
                                             without discovery, although the                         license term, (i) the station has served              this Order shall be sent by Certified
                                             Commission or its staff may make                        the public interest, convenience, and                 Mail, Return Receipt Requested, and by
                                             inquiries or conduct investigations                     necessity, (ii) there have been any                   regular first-class mail to Birach
                                             pursuant to Part 73 of the Rules and any                serious violations by the licensee of the             Broadcasting Corporation, 21700
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                                             reports filed in this docket as a result of             Communications Act of 1934, as                        Northwestern Highway, Tower 14, Suite
                                             such inquiries or investigations will                   amended, or the rules and regulations of              1190, Southfield MI 48075, with a copy
                                             become part of the record in this                       the Commission, and (iii) there have                  to its counsel of record, John C. Trent,
                                             hearing.                                                been any other violations of the                      Esq., 200 South Church Street,
                                                15. We will take official notice of all              Communications Act of 1934, as                        Woodstock, VA 22664.
                                             publicly-available Commission records                   amended, or the rules and regulations of                 22. It is further ordered that the
                                             for WBVA and WVAB as part of the                        the Commission which, taken together,                 Secretary of the Commission shall cause


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                                                                           Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Notices                                            10729

                                             to have this Order or a summary thereof                 CONTACT PERSON FOR MORE INFORMATION:                  SUMMARY:    The Centers for Disease
                                             published in the Federal Register.                      Judith Ingram, Press Officer; Telephone:              Control and Prevention CDC is seeking
                                             Federal Communications Commission.
                                                                                                     (202) 694–1220.                                       nominations for membership on the
                                                                                                                                                           BSC, NCIPC. The BSC, NCIPC consists
                                             Marlene H. Dortch,                                      Dayna C. Brown,
                                                                                                                                                           of 18 experts in fields associated with
                                             Secretary.                                              Secretary and Clerk of the Commission.                surveillance, basic epidemiologic
                                             [FR Doc. 2018–04942 Filed 3–9–18; 8:45 am]              [FR Doc. 2018–04999 Filed 3–8–18; 11:15 am]           research, intervention research, and
                                             BILLING CODE 6712–01–P                                  BILLING CODE 6715–01–P                                implementation, dissemination, and
                                                                                                                                                           evaluation of promising and evidence-
                                                                                                                                                           based strategies for the prevention of
                                                                                                     GOVERNMENT ACCOUNTABILITY                             injury and violence. Nominations are
                                             FEDERAL ELECTION COMMISSION                             OFFICE                                                being sought for individuals who have
                                                                                                                                                           expertise and qualifications necessary to
                                             Sunshine Act Meeting                                    Comptroller General’s Advisory                        contribute to the accomplishments of
                                                                                                     Council on Government Auditing                        the committee’s objectives. Nominees
                                             TIME AND DATE: Wednesday, March 14,                     Standards; Notice of Meeting                          will be selected based on expertise in
                                             2018 at 2:00 p.m.                           The Advisory Council on Government                                the fields of knowledgeable in the
                                                                                      Auditing Standards will meet Tuesday,                                pertinent disciplines involved in injury
                                             PLACE:999 E Street NW, Washington,                                                                            and violence prevention, including, but
                                             DC (Ninth Floor).                        April 10, 2018, from 9:00 a.m. to 3:15
                                                                                                                                                           not limited to, epidemiologists,
                                                                                      p.m., in the Staats Briefing Room (7C13)
                                             STATUS: This meeting will be open to the of the U.S. Government Accountability                                statisticians, trauma surgeons,
                                             public.                                                                                                       rehabilitation medicine specialists,
                                                                                      Office building, 441 G Street NW,
                                                                                                                                                           behavioral scientists, health economists,
                                             CHANGES IN THE MEETING: This meeting
                                                                                      Washington, DC.
                                                                                                                                                           program evaluation specialists, political
                                                                                         The Advisory Council on Government
                                             has been moved from Tuesday, March                                                                            science, law, criminology and
                                                                                      Auditing Standards will hold a meeting
                                             13 at 10:00 a.m. to Wednesday, March                                                                          specialists in various aspects of injury
                                                                                      to discuss updates and revisions to the
                                             14 at 2:00 p.m.                                                                                               management. Federal employees will
                                                                                      Government Auditing Standards. The
                                                                                                                                                           not be considered for membership.
                                             MATTERS TO BE CONSIDERED: REG 2011–      meeting is open to the public. Members                               Members may be invited to serve for
                                             02: Draft Notice of Proposed             of the public will be provided an                                    four-year terms.
                                             Rulemaking on internet Communication opportunity to address the Council with                                  DATES: Nominations for membership on
                                             Disclaimers and Definition of ‘‘Public   a brief (five-minute) presentation in the
                                                                                      afternoon on matters directly related to                             the NCIPC BSC must be received no
                                             Communication.’’                                                                                              later than June 1, 2018. Packages
                                                                                      the proposed update and revision.
                                               Management and Administrative             Any interested person who plans to                                received after this time will not be
                                             Matters.                                 attend the meeting as an observer must                               considered for the current membership
                                                                                                                                                           cycle.
                                             CONTACT PERSON FOR MORE INFORMATION: contact Cecil Davis, Engagement
                                                                                                                                                           ADDRESSES: All nominations should be
                                             Judith Ingram, Press Officer, Telephone: Operations Assistant, 202–512–9362. A
                                                                                      form of picture identification must be                               emailed to ncipcbsc@cdc.gov.
                                             (202) 694–1220.
                                                                                      presented to the GAO Security Desk on                                FOR FURTHER INFORMATION CONTACT: Dr.
                                               Individuals who plan to attend and                                                                          Gwendolyn Haile Cattledge, Designated
                                                                                      the day of the meeting to obtain access
                                             require special assistance, such as sign to the GAO building. You must enter the                              Federal Official for the NCIPC BSC,
                                             language interpretation or other         building at the G Street entrance. For                               telephone (770) 488–1430, Email:
                                             reasonable accommodations, should        further information, please contact Ms.                              ncipcbsc@cdc.gov.
                                             contact Dayna C. Brown, Secretary and    Davis. The meeting agenda will be                                    SUPPLEMENTARY INFORMATION: The U.S.
                                             Clerk, at (202) 694–1040, at least 72    available upon request one week before                               Department of Health and Human
                                             hours prior to the meeting date.         the meeting.                                                         Services policy stipulates that
                                             Dayna C. Brown,                                           Authority: Pub. L. 67–13, 42 Stat. 20 (June         committee membership be balanced in
                                                                                                     10, 1921).                                            terms of points of view represented, and
                                             Secretary and Clerk of the Commission.
                                                                                                                                                           the committee’s function. Appointments
                                             [FR Doc. 2018–05068 Filed 3–8–18; 4:15 pm]              James R. Dalkin,                                      shall be made without discrimination
                                             BILLING CODE 6715–01–P                                  Director, Financial Management and                    on the basis of age, race, ethnicity,
                                                                                                     Assurance.                                            gender, sexual orientation, gender
                                                                                                     [FR Doc. 2018–04934 Filed 3–9–18; 8:45 am]            identity, HIV status, disability, and
                                             FEDERAL ELECTION COMMISSION                             BILLING CODE 1610–02–P                                cultural, religious, or socioeconomic
                                                                                                                                                           status. Nominees must be U.S. citizens,
                                             Sunshine Act Meetings                                                                                         and cannot be full-time employees of
                                                                                                     DEPARTMENT OF HEALTH AND                              the U.S. Government. Current
                                             FEDERAL REGISTER CITATION NOTICE OF                     HUMAN SERVICES                                        participation on federal workgroups or
                                             PREVIOUS ANNOUNCEMENT: 83 FR 9316                                                                             prior experience serving on a federal
                                             (March 5, 2018).                                        Centers for Disease Control and                       advisory committee does not disqualify
                                                                                                     Prevention                                            a candidate; however, HHS policy is to
                                             PREVIOUSLY ANNOUNCED TIME AND DATE OF
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                                             THE MEETING: Thursday, March 8, 2018                                                                          avoid excessive individual service on
                                                                                                     Solicitation of Nominations for                       advisory committees and multiple
                                             at 10:00 a.m.                                           Appointment to the Board of Scientific                committee memberships. Committee
                                             CHANGES IN THE MEETING:The Following                    Counselors, National Center for Injury                members are Special Government
                                             Item Was Also Discussed: Draft                          Prevention and Control, (BSC, NCIPC)                  Employees, requiring the filing of
                                             Advisory Opinion 2018–01—Libertarian                                                                          financial disclosure reports at the
                                                                                                     ACTION:   Notice.
                                             Party of Utah.                                                                                                beginning and annually during their


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Document Created: 2018-11-01 08:52:07
Document Modified: 2018-11-01 08:52:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesPersons desiring to participate as parties in the hearing shall file a petition for leave to intervene not later than April 11, 2018.
ContactAlbert Shuldiner, Media Bureau, (202) 418-2700.
FR Citation83 FR 10726 

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