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
 how2ftp.

File  how2ftp (.txt & .wp) is in directory
/pub/Bureaus/Miscellaneous/Public_Notices/

*****************************************************************
********
$//Order to Show Cause, KICC(FM), International Falls, MN, DA 96-338   //$
$/73.561  Minimum Operating Schedule/$
$/73.1750  Discontinuance of operation/$
$/300.312  Administrative Sanctions/$



                               Before the
                        Federal Communications Commission       DA 96-338
                         Washington, D.C.  20554


In the Matter of                             )      MM Docket No.  96-48
                                             )
Rainy River Community College        )
                                             )
                                             )
Order to Show Cause Why the          )
License for Station KICC (FM)        )
International Falls, Minnesota Should        )
Not be Revoked                       )


ORDER TO SHOW CAUSE
           AND
                    HEARING DESIGNATION ORDER
         
                                          Adopted:  March 11, 1996               Released: March 19, 1996

By the Acting Chief,  Audio Services Division:

       1.  The Acting Chief, Audio Services Division, Mass Media Bureau, has before her for
consideration:  (a) a noncommercial, educational FM license held by Rainy River Community
College ("Rainy River") for International Falls, Minnesota; and (b) the results of an
investigation into the station's silent status.

     2.  The Commission's records indicate that KICC (FM) has been off the air since
September 1, 1991 and that the special temporary authority permitting the station to remain
silent expired March 9, 1992.  Thus, KICC(FM) has been off-air for over four years and
presently is not authorized to remain silent.  Consequently, Rainy River 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 Sections 312(a) (3) and (4) of the
Communications Act of 1934, as amended, Rainy River Community College IS DIRECTED
TO SHOW CAUSE why the license for KICC (FM) should not be REVOKED, at a hearing
to be held at a time and location specified in a subsequent Order, upon the following issues:

            (1)     To determine whether Rainy River Community College
               has the capability and intent to expeditiously resume the broadcast
                         operations of KICC (FM), consistent with the Commission's
                    Rules.

            (2)     To determine whether Rainy River Community College
               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 foregoing issues, whether  Rainy River Community College
               is qualified to be and remain the licensee of KICC(FM).

     4.  IT IS FURTHER ORDERED, That, pursuant to Section 312(d) 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 MASS MEDIA BUREAU.

     5.  IT IS FURTHER ORDERED, That, to avail itself of the opportunity to be heard,
the licensee, pursuant to Section 1.91(c) of the Commission's Rules, SHALL FILE with the
Commission within thirty (30) days of the receipt of this Order a WRITTEN APPEARANCE
stating that he will appear at the hearing and present evidence on the matters specified in the
Order.  If the licensee fails to file a written appearance within the time specified, or within
thirty (30) days of receipt of this Order the licensee files a written statement expressly
waiving his right to a hearing, the licensee's right to a hearing SHALL BE DEEMED TO BE
WAIVED.  In the event the right to a hearing is waived, the Presiding Judge, or the Chief,
Administrative Law Judge if no Presiding Judge has been designated, SHALL TERMINATE
the hearing proceeding and CERTIFY this case to the Commission in the regular course of
business, and an appropriate Order shall be entered.

     6.  IT IS FURTHER ORDERED, That, if it is determined that the hearing record does
not warrant an Order revoking the license for KICC (FM), International Falls, Minnesota, 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.

     7.  IT IS FURTHER ORDERED, That this document constitutes a NOTICE OF
APPARENT LIABILITY for willful and repeated violation of Section 73.561 and/or 73.1750
of the Commission's Rules.  The Commission has determined that in every case designated
for hearing involving the potential revocation of a station license, it shall, as a matter of
course, include a forfeiture notice so as to maintain the fullest possible flexibility of action. 
Since the practice of including such forfeiture notice is a routine procedure, such inclusion
here should not be viewed in any manner as suggesting or otherwise indicating what the
initial or final disposition of this proceeding shall be.

                    FEDERAL COMMUNICATIONS COMMISSION



                    Linda Blair, Acting Chief
                    Audio Services Division
                    Mass Media Bureau