83 FR 27985 - Family Voice Communications, LLC, Application for Renewal of License of FM Radio Station KLSX(FM), Rozet, WY

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 116 (June 15, 2018)

This document commences a hearing to determine whether the application filed by Family Voice Communications, LLC to renew its license for radio station KLSX(FM), Rozet, Wyoming, should be granted. The application has been designated for hearing based on the station's extended periods of silence since its first day of claimed operation on November 8, 2010.

[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)]
[Notices]
[Pages 27985-27986]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12835]



[[Page 27985]]

=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

[MB Docket No. 18-139; FCC 18-56]


Family Voice Communications, LLC, Application for Renewal of 
License of FM Radio Station KLSX(FM), Rozet, WY

AGENCY: Federal Communications Commission.

ACTION: Notice.

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

SUMMARY: This document commences a hearing to determine whether the 
application filed by Family Voice Communications, LLC to renew its 
license for radio station KLSX(FM), Rozet, Wyoming, should be granted. 
The application has been designated for hearing based on the station's 
extended periods of silence since its first day of claimed operation on 
November 8, 2010.

DATES: Persons desiring to participate as parties in the hearing shall 
file a petition for leave to intervene not later than July 16, 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. 18-139.''

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. 18-139, FCC 18-56, adopted May 4, 2018, 
and released May 7, 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 application filed by Family Voice 
Communications, LLC (FVC) to renew the license for radio station 
KLSX(FM), Rozet, Wyoming (KLSX Renewal Application) should be granted 
pursuant to section 309(k)(1) of the Communications Act of 1934 (Act), 
47 U.S.C. 309(k)(1). The KLSX Renewal Application is designated for 
hearing based on the station's record of extended periods of silence 
during and following its license term.
    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. KLSX(FM) (Station) was licensed as a commercial Class C3 FM 
station serving Rozet, Wyoming on November 8, 2010. However, the 
Station went silent after only one day of claimed operation. Filings 
submitted by FVC allege the following operational history by the 
Station since November 8, 2010: (a) Silent for 1037 days and 
operational for 23 days during the remaining license term from November 
9, 2010 to October 1, 2013; and (b) silent for 1306 days and operating 
for 373 days from October 2, 2013 to the date of release of the Order 
on May 7, 2018.
    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 KLSX Renewal Application, which presents 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 FVC 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 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.
    13. FVC 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 FVC of this hearing designation order.
    14. FVC shall file in this docket, within 30 days of publication of 
notice of the Order in the Federal Register,

[[Page 27986]]

complete copies of the following records for the Station (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 participant records for the 
relevant license term. FVC 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, FVC 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 FVC 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 the Station as part of the record in this 
docket. FVC 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, FVC will file a written direct case 
on the designated issues, no longer than 25 pages, and supported by an 
affidavit or unsworn declaration pursuant to 47 CFR 1.16. Within 30 
days of FVC'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, FVC may file a rebuttal submission addressing 
all responses, no longer than 10 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 application for 
renewal of license for Station KLSX(FM) is designated for a hearing 
upon the following issues: (a) To determine 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 KLSX(FM) 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 18 of the Order shall 
be on the applicant, Family Voice Communications, LLC.
    18. It is further ordered that Family Voice Communications, LLC 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, Family Voice Communications, LLC shall file complete and 
correct copies of the documents described in Paragraph 16 of the Order, 
on or before the date specified. If Family Voice Communications, LLC 
fails to file such documents for KLSX(FM) 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 the station shall be dismissed with prejudice for failure to 
prosecute and the license of the station shall be terminated.
    20. It is further ordered that Family Voice Communications, LLC 
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 Family Voice Communications, LLC, 9004 South 8th Drive, 
Phoenix, AZ 85041, with a copy to its counsel of record, Lee J. 
Peltzman, Esq., Shainis & Peltzman Chartered, 1850 M Street NW, Suite 
240, Washington, DC 20036.
    22. It is further ordered that the Secretary of the Commission 
shall cause to have this Order or a summary thereof published in the 
Federal Register.

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the Secretary.
[FR Doc. 2018-12835 Filed 6-14-18; 8:45 am]
BILLING CODE 6712-01-P