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File how2ftp (.txt & .wp) is in directory /pub/Bureaus/Miscellaneous/Public_Notices/ ***************************************************************** ******** $//HDO, Paris, Arkansas, KCCL(AM), DA 96-468//$ $/73.561 Minimum Operating Schedule/$ $/73.1750 Discontinuance of operation/$ $/300.312 Administrative Sanctions/$ Before the Federal Communications Commission DA 96-468 Washington, D.C. 20554 In the Matter of ) MM Docket No. 96-72 ) Diamond State Broadcasting, Inc. ) ) Order to Show Cause Why the ) License for Station KCCL(AM) ) Paris, Arkansas Should ) Not be Revoked ) ORDER TO SHOW CAUSE AND HEARING DESIGNATION O RDER 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 Diamond State Broadcasting, Inc. ("Diamond") for Paris, Arkansas; and (b) the results of an investigation into the station's silent status. 2. The Commission's records indicate that KCCL(AM) has been off the air since February 10, 1993 when the licensee informed the FCC that the station went off the air when it lost its lease. In its January 14, 1994 letter to the Commission, Diamond indicated that it was in the process of negotiating for the sale of the station and expected to file the appropriate assignment application by May, 1994. Diamond's special temporary authority to remain silent to resolve the station's problems expired May 18, 1994. No assignment application was filed, and the Commission has not received notification that the station resumed broadcast operations. KCCL(AM) has thus been off the air over three years and is presently not authorized to remain silent. Consequently, Diamond 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, Diamond State Broadcasting, Inc. IS DIRECTED TO SHOW CAUSE why the license for KCCL(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 Diamond State Broadcasting, Inc. has the capability and intent to expeditiously resume the broadcast operations of KCCL(AM), consistent with the Commission's Rules. (2) To determine whether Diamond State Broadcasting, 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 Diamond State Broadcasting, Inc. is qualified to be and remain the licensee of KCCL(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 KCCL(AM), Paris, Arkansas, 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 shall be. FEDERAL COMMUNICATIONS COMMISSION Stuart B. Bedell Assistant Chief, Audio Services Division Mass Media Bureau