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ORDER TO SHOW CAUSE vAND  HEARING DESIGNATION ORDER  X4  X4\ 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  X4Paris, Arkansas; and (b) the results of an investigation into the station's silent status.kS Xn4ԍ#o\  PC3XP#The Mass Media Bureau has been delegated authority to issue and release Show  XW4Cause Orders in cases involving silent broadcast stations. See Debrine Communications, Inc.,  X@ 47 FCC Rcd 2118 (1992).#x6X@K>^X@#k 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  Xk!4appropriate assignment application by May, 1994.k!KS Xg'4ԍ#o\  PC3XP#KCCL(AM)'s license expires on June 1, 1996. (File No. BR890328UM, granted  XP(4January 10, 1992).#x6X@K>^X@# #Xj\  P6G;3XP#An application for license renewal was due to be filed on February 1, 1996. The Commission's records do not show that this application has been filed. Diamond's special temporary authority to"k!0*0*0* " 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  X4Sections 73.1740(a)(4)4Z X4ԍ#o\  PC3XP#Section 73.1740(a)(4) provides that: ` ` "In the event that causes beyond the control of a licensee ` ` make it impossible to adhere to the operating ` ` schedule of this section or to continue operating, the ` ` station may limit or discontinue operation for a period ` ` of not more than 30 days without further authority ` ` from the FCC. Notification must be sent to the FCC ` ` in Washington, D.C. not later than the 10th day of ` ` limited or discontinued operation. During such ` ` period, the licensee shall continue to adhere to the ` ` requirements in the station license pertaining to the ` ` lighting of antenna structures. In the event normal ` ` operation is restored prior to the expiration of the ` ` 30day period, the licensee will so notify the FCC ` ` of this date. If the causes beyond the control of the ` ` licensee make it impossible to comply within the ` ` allowed period, informal written request shall be made ` ` to the FCC no later than the 30th day for such additional  Xh4` ` time as may be deemed necessary."#x6X@K>^X@#њ and 73.1750|1Z X4ԍ#o\  PC3XP#Section 73.1750 provides: ` ` "The licensee of each station shall notify the ` ` FCC in Washington, D.C. of permanent discontinuance ` ` of operation at least two days before operation ` ` is discontinued. Immediately after discontinuance ` ` of operation, the licensee shall forward the station ` ` license and other instruments of authorization to  Xa 4` ` the FCC, Washington, D.C. for cancellation."#x6X@K>^X@#| 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:  X 4` ` (1)  To determine whether Diamond State Broadcasting, Inc. has the  X 4` `  capability and intent to expeditiously resume the broadcast" 0*((v "Ԍ X4  operations of KCCL(AM), consistent with the Commission's  X4` `  Rules.  X4` ` (2)  To determine whether Diamond State Broadcasting, Inc. has violated  X4` `  Sections 73.1740 and/or 73.1750 of the Commission's Rules.  Xv4` ` (3) To determine, in light of the evidence adduced pursuant to  X_4 ` `  the foregoing issues, whether Diamond State Broadcasting, Inc. is (#(#  XH4` `  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  X4business, and an appropriate Order shall be entered.jZ X:4ԍ#o\  PC3XP#The Mass Media Bureau has been delegated authority to issue Revocation Orders in  X#4cases involving silent broadcast stations. See Radio Northwest Broadcasting Company, 4 FCC  X 4Rcd 596 n.3 (1989).#x6X@K>^X@#j 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 ""K0*(( "Ԍ 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  X 4` `  Mass Media Bureau#:s2PkC XP#