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 pnmc5021. File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ***************************************************************** ******** Federal Communications Commission DA 96-1048 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) MM Docket No. 96-47 ) Oakhill-Jackson Economic Development ) Corporati ) ) Licensee of Station KOJC(FM) ) Cedar Rapids, Iowa ) ) Order to Show Cause Why the ) License for Station KOJC(FM) ) Cedar Rapids, Iowa ) Should Not Be Revoked ) ORDER Adopted: June 25, 1996 Released: June 28, 1996 By the Chief, Mass Media Bureau: 1. This proceeding began on March 19, 1996, when the Mass Media Bureau released its Order to Show Cause and Hearing Designation Order, DA 96-337 ("HDO"). The HDO ordered Oakhill-Jackson Economic Development Corporation ("Oakhill-Jackson") to show cause why the license for KOJC(FM) Cedar Rapids, Iowa should not be revoked. The HDO specified issues to determine whether Oakhill-Jackson has the capability and intent to expeditiously resume broadcast operations of KOJC(FM); to determine whether Oakhill-Jackson violated Sections 73.1740 (Minimum Operating Schedule) and/or 73.1750 (Discontinuance of Operation) of the Commission's Rules; and to determine whether, in light of the evidence adduced, Oakhill- Jackson possesses the requisite qualifications to remain a Commission licensee. 2. By Order, FCC 96M-126, released May 24, 1996, Administrative Law Judge Edward Luton terminated the hearing proceeding because Oakhill-Jackson failed to file the requisite notice of appearance. Pursuant to Section 1.92 of the Commission's Rules, the Judge also certified the case to the Commission. 3. The Commission's records indicate that KOJC(FM) has been off the air since December 31, 1993, and off the air without authority since November 21, 1994. In light of the foregoing, we conclude that Oakhill-Jackson has no intent to resume broadcast operations and has violated Sections 73.1740 and 73.1750 of the Commission's Rules. We therefore further conclude that Oakhill-Jackson is not qualified to remain the licensee of Station KOJC(FM). Although the HDO included a Notice of Apparent Liability for willful or repeated violations of Commission rules, because of the action taken herein, no forfeiture is being imposed. 4. Accordingly, IT IS ORDERED, that the license of Oakhill-Jackson Economic Development Corporation for KOJC(FM), Cedar Rapids, Iowa, IS REVOKED. 5. IT IS FURTHER ORDERED, that the call sign for Station KOJC(FM) is hereby DELETED. 6. IT IS FURTHER ORDERED, that this proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED, that a copy of this Order shall be sent by certified Mail - Return Receipt Requested to Oakhill-Jackson Economic Development Corporation. FEDERAL COMMUNICATIONS COMMISSION Roy J. Stewart Chief, Mass Media Bureau