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/ ***************************************************************** ******** $//HDO, Redding, California, KRDG(AM), DA 96-464//$ $/73.561 Minimum Operating Schedule/$ $/73.1750 Discontinuance of operation/$ $/300.312 Administrative Sanctions/$ Before the FEDERAL COMMUNICATIONS COMMISSION DA 96-464 Washington, D.C. 20554 In the Matter of ) MM Docket No. 96-68 ) Prather-Breck Broadcasting Inc. of ) Redding ) ) Licensee of Station KRDG(AM) ) Redding, California ) ) Order to Show Cause Why the ) License for Station KRDG(AM) ) Redding, California Should Not ) be Revoked ) ORDER TO SHOW CAUSE AND 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) a license held by Prather-Breck Broadcasting Inc. of Redding ("Prather") for Station KRDG(AM), Redding, California, and (b) the results of an investigation into KRDG(AM)'s silent status. 2. The Commission's records indicate that KRDG(AM) has been off the air since November 10, 1994. The Commission sent several inquiry letters and requested Prather to submit information concerning its compliance with Section 73.1740 (Minimum Operating Schedule) of the Commission's Rules. However, the letters, all of which were directed to Prather at its last known address-of-record and also to other addresses listed on its ownership reports, were returned by the U.S. Postal Service as undeliverable. Thus, KRDG(AM) has apparently been off-air for over one year and presently is not authorized to remain silent. Consequently, Prather is in apparent violation of Sections 73.1740(a)(4) and 73.1750 of the Commission's Rules. 3. Accordingly, IT IS ORDERED, That pursuant to Section 312(a)(3) and (4) of the Communications Act of 1934, as amended, Prather-Breck Broadcasting Inc. of Redding IS DIRECTED TO SHOW CAUSE why the license for Station KRDG(AM) should not be REVOKED, at a hearing to be held at a time and location specified in a subsequent Order, upon the following issues: (a) To determine whether Prather-Breck Broadcasting Inc. of Redding has the capability and intent to expeditiously resume broadcast operations of KRDG(AM) consistent with the Commission's Rules. (b) To determine whether Prather-Breck Broadcasting Inc. of Redding has violated Sections 73.1740 and/or 73.1750 of the Commission's Rules. (c) To determine, in light of the evidence adduced pursuant to the foregoing issues, whether Prather-Breck Broadcasting Inc. of Redding is qualified to be and remain the licensee of Station KRDG(AM). 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 it 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 its 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 KRDG(AM), Redding, California, 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 73.1740 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 73.1740 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 should be. FEDERAL COMMUNICATIONS COMMISSION Stuart B. Bedell Assistant Chief, Audio Services Division Mass Media Bureau