Kokomo School Corporation, Hearing Designation Order, DA 96-467



                               Before the
                      Federal Communications Commission            DA 96-467      
                         Washington, D.C.  20554

In the Matter of                      )          MM Docket No.  96-71  
                                      )
Kokomo School Corporation             )          File No. BRED-890330VV
                                      )
                                      )
For Renewal of License                )
for Station WHSK (FM)                 )
Kokomo, Indiana                       )

                            HEARING DESIGNATION ORDER

               Adopted:  March 28, 1996                    Released:  April 1, 1996

By the Assistant Chief,  Audio Services Division:

     1.  The Assistant Chief, Audio Services Division, Mass Media Bureau, has before him
for consideration:  (a) the captioned application for renewal of license filed by Kokomo
School Corporation ("KSC"), licensee of noncommercial educational FM Station WHSK,
Kokomo, Indiana, and (b) the results of an investigation into the station's silent status.

       2.  The Commission's records indicate that WHSK(FM) has been off the air since
April 1, 1988 and that the special temporary authority permitting the station to remain silent
expired September 30, 1995.  Thus, WHSK(FM) has been off-air for over seven years and
presently is not authorized to remain silent.  Consequently, KSC is in apparent violation of
Sections 73.561(d) and 73.1750  of the Commission's Rules.

     3.  Accordingly, IT IS ORDERED, That pursuant to Section 309(e) of the
Communications Act of 1934, as amended, the renewal of license application of WHSK(FM),
Kokomo, Indiana, IS DESIGNATED FOR HEARING at a time and location to be specified
in a subsequent Order, upon the following issues:

            (1)     To determine whether Kokomo School Corporation has the
                      capability and intent to expeditiously resume the broadcast
                      operations of WHSK(FM), consistent with the Commission's
                      Rules.

            (2)     To determine whether Kokomo School Corporation
                      has violated Sections 73.561 and/or 73.1750 of the
                      Commission's Rules.

            (3)     To determine, in light of the evidence adduced pursuant to
                      the preceding issues, whether grant of the subject renewal
                      of license application would serve the public interest,
                      convenience and necessity.

     4.  IT IS FURTHER ORDERED, That, in the event it is determined that grant of the
renewal of license application would serve the public interest, convenience and necessity, the
grant will be conditioned on the expeditious resumption of operation, the precise period of
time to be established in the hearing.  Failure to resume operations within the time specified
in the condition will result in the cancellation of the license and the deletion of the station's
call letters.

     5.  IT IS FURTHER ORDERED, That, pursuant to Section 309(e) of the
Communications Act of 1934, as amended, both the BURDEN OF PROCEEDING with the
introduction of evidence and the BURDEN OF PROOF with respect to the issues specified
above shall be upon the LICENSEE, Kokomo School Corporation.

     6.  IT IS FURTHER ORDERED, That, to avail itself of the opportunity to be heard,
the licensee, pursuant to Section 1.221(c) of the Commission's Rules, SHALL FILE with the
Commission, in person or by attorney, within twenty (20) days of the receipt of this Order a
WRITTEN APPEARANCE stating an intention to appear on the date fixed for hearing and to
present evidence on the issues specified in this Order.

     7.  IT IS FURTHER ORDERED, That the licensee herein shall, pursuant to Section
311(a)(2) of the Communications Act of 1934, as amended, and Section 73.3594 of the
Commission's Rules, give notice of the hearing within the time and in the manner prescribed
in such Rules, and shall advise the Commission of the publication of such notice as required
by Section 73.3594(g) of the Rules.

     8.  IT IS FURTHER ORDERED, That, if it is determined that the hearing record does
not warrant an Order denying the renewal of license application of WHSK(FM), Kokomo,
Indiana, it shall be determined, pursuant to Section 503(b) of the Communications Act of
1934, as amended, whether an ORDER OF FORFEITURE shall be issued against the licensee
in an amount not exceeding $250,000.00 for the willful and/or repeated violation of Section
73.561 and/or 73.1750 of the Commission's Rules.

     9.  IT IS FURTHER ORDERED, That, in connection with the possible forfeiture
liability noted above, this document constitutes notice pursuant to Section 503(b)(3) of the
Communications Act of 1934, as amended.  The Commission has determined that in every
case designated for hearing involving revocation or denial of assignment, transfer, or renewal
of license for alleged violations which also come within the purview of Section 503(b) of the
Communications Act of 1934, as amended, it shall, as a matter of course, include this 
forfeiture notice so as to maintain the fullest possible flexibility of action. Accordingly, we
stress that the inclusion of this notice is not to be taken as in any way indicating what the
initial of final disposition of this case should be.

                    FEDERAL COMMUNICATIONS COMMISSION



                    Stuart B. Bedell
                    Assistant Chief, Audio Services Division
                    Mass Media Bureau