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File how2ftp (.txt & .wp) is in directory /pub/Bureaus/Miscellaneous/Public_Notices/ ***************************************************************** ******** $//HDO, Port Neches, Texas, KUHD(AM), DA 96-466 //$ $/73.561 Minimum Operating Schedule/$ $/73.1750 Discontinuance of operation/$ $/300.312 Administrative Sanctions/$ Before the Federal Communications Commission DA 96-466 Washington, D.C. 20554 In the Matter of ) MM Docket No. 96-70 ) Under His Direction, Inc. ) ) Order to Show Cause Why the ) License for Station KUHD(AM) ) Port Neches, Texas 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) an AM license held by Under His Direction, Inc. ("His Direction") for Port Neches, Texas; and (b) the results of an investigation into the station's silent status. 2. The Commission's records indicate that KUHD(AM) has been off the air since January 6, 1995 and that the special temporary authority permitting the station to remain silent expired February 2, 1996. In its July 26, 1995 request to remain silent, His Direction stated that it obtained an agreement with the mortgage holder of its assets and that an application for transfer of control of the licensee would be filed within thirty days of the date of its letter. Our records reveal that neither a request to extend further the station's temporary authority nor an application for the assignment or transfer of control of the station's license has been filed. Thus, KUHD(AM) has been off-air for over 12 months and presently is not authorized to remain silent. Consequently, His Direction 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 Sections 312(a) (3) and (4) of the Communications Act of 1934, as amended, Under His Direction, Inc. IS DIRECTED TO SHOW CAUSE why the license for KUHD(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: (1) To determine whether Under His Direction, Inc. has the capability and intent to expeditiously resume the broadcast operations of KUHD(AM), consistent with the Commission's Rules. (2) To determine whether Under His Direction, Inc. has violated Sections 73.1740 and/or 73.1750 of the Commission's Rules. (3) To determine, in light of the evidence adduced pursuant to the foregoing issues, whether Under His Direction, Inc. is qualified to be and remain the licensee of KUHD(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 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 KUHD(AM), Port Neches, Texas 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 Stuart B. Bedell Assistant Chief, Audio Services Division Mass Media Bureau