NOTICE ********************************************************* NOTICE ********************************************************* This document was originally prepared in Word Perfect. If the original document contained-- * Footnotes * Boldface & Italics --this information is missing in this version The document format (spacing, margins, tabs, etc.) is changed too. If you need the complete document, download the Word Perfect version. For information about downloading documents (FTP) see file pnmc5021. File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ***************************************************************** ******** $// Order WCSA(AM), Ripley, Mississippi //$ $/ 300.312 Administrative Sanctions /$ $/ 1.92 Revocation after Waiver of Hearing /$ $/ 73.1740 Minimum Operating schedule /$ $/ 73.1750 Discontinuance of Operation /$ ///newjob/// $///DA 95-880,4/21/95///$ DA 95-880 Before the FEDERAL COMMUNICATIONS COMMISSION Washington D.C. 20554 In the Matter of ) MM Docket No. 93-317 ) KEYBOARD BROADCASTING ) COMMUNICATION ) ) Licensee of Station WCSA(AM) ) Ripley, Mississippi ) ) Order to Show Cause Why the ) License for Station WCSA(AM) ) Ripley, Mississippi ) Should Not Be Revoked ) ORDER Adopted: April 17, 1995 Released: April 26, 1995 By the Chief, Mass Media Bureau: 1. This proceeding began on December 29, 1993, when the Mass Media Bureau released its Order to Show Cause and Hearing Designation Order, 9 FCC Rcd 101 (1993)("OSC") directing Keyboard Broadcasting Communication ("Keyboard") to show cause why the license for WCSA(AM) Ripley, Mississippi, should not be revoked. The Bureau noted that the Commission's records showed that the station had been off the air since September 1, 1991, and that the licensee's last request to remain silent had been granted through July 16, 1993. In light of that record, the Bureau specified issues for hearing to determine whether Keyboard has the capability and intent to expeditiously resume broadcast operations of WCSA(AM) and whether Keyboard violated Sections 73.1740 and/or 73.1750 of the Commission's Rules. The Bureau also specified an issue to determine whether, in light of the evidence adduced, Keyboard's license should be revoked. By Order, FCC 94M-62, released February 7, 1994, Administrative Law Judge Walter C. Miller, terminated the hearing proceeding because, inter alia, Keyboard failed to properly file its notice of appearance and because he concluded that WCSA(AM) was incapable of expeditiously resuming operation. Pursuant to Section 1.92 of the Commission's Rules, the Judge also certified the case to the Commission. 2. On February 22, 1994, Keyboard filed a petition for reconsideration of the Judge's termination of the proceeding and certification of the case to the Commission. In its petition, Keyboard represented that it had taken "important affirmative steps to bring WCSA into FCC compliance." According to Keyboard, it had resolved its differences with the owner of the property on which its antenna was located, prepared equipment for resumption of broadcast activities and ensured that necessary financing was available. Keyboard requested, in its petition and related documents, that it be afforded 90 days, commencing March 15, 1994, in which to resume WCSA(AM) broadcast operations. Finally, Keyboard explained that it had been unable to resume operations at an earlier date because of the poor state of the station equipment when it had acquired the station in 1991, damage done to its transmitting tower in 1992 when it was struck by lightening and the difficulty Keyboard had experienced in securing its right to use the premises on which its transmitter was located. By Memorandum Opinion and Order, FCC 94M-106, released March 1, 1994, the Presiding Judge denied Keyboard's petition for reconsideration. 3. In accordance with Section 1.92(d) of the Commission's Rules, the Bureau, acting pursuant to delegated authority, reviewed the record before the ALJ. Based on this review, the Bureau sent Keyboard a letter of inquiry dated April 1, 1994, requesting that Keyboard provide information and documentation establishing its ability to resume WCSA(AM) broadcast operations within 90 days. In response to that letter, Keyboard, on April 14, 1994 and on May 12, 1994, provided the Bureau with information establishing that it had, inter alia, prepaid rent on its antenna and studio site, prepaid hazard insurance and obtained the services of an engineer to assist in preparing WCSA(AM)'s equipment for the resumption of operation. In addition, WCSA(AM) provided documents establishing that it had opened a bank account and deposited therein sufficient funds to return WCSA(AM) to the air. By further letter dated June 10, 1994, Keyboard informed the Bureau that on June 4, 1994, WCSA(AM) had resumed broadcast operations, but that Keyboard had been compelled to terminate WCSA(AM)'s operations because of an equipment problem. By letter dated July 4, 1994, Keyboard informed the Bureau that the problem had been resolved and that WCSA(AM) had again resumed broadcast operations. Information periodically provided to the Bureau by Keyboard indicates that WCSA(AM) has been in continuous operation since July 4, 1994. 4. Based on the facts of this case, particularly the substantial efforts and resources expended by Keyboard to return WCSA(AM) to the air and the successful resumption of and continuing operation of WCSA(AM) since July 4, 1994, the Bureau, on delegated authority, concludes that, pursuant to Section 1.92(d) of the Rules, this proceeding should be terminated without further action. 5. ACCORDINGLY, IT IS ORDERED, that this proceeding IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Roy J. Stewart Chief, Mass Media Bureau