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. 96-72 ) Diamond State Broadcasting, Inc. ) ) Licensee of Station KCCL(AM) ) Paris, Arkansas ) ) Order to Show Cause Why the ) License for Station KCCL(AM) ) Paris, Arkansas ) Should Not Be Revoked ) ORDER Adopted: June 25, 1996 Released: June 28, 1996 By the Chief, Mass Media Bureau: 1. This proceeding began on April 1, 1996, when the Mass Media Bureau released its Order to Show Cause and Hearing Designation Order, DA 96-468 ("HDO"). The HDO ordered Diamond State Broadcasting, Inc. ("Diamond") to show cause why the license for KCCL(AM) Paris, Arkansas should not be revoked. The HDO specified issues to determine whether Diamond has the capability and intent to expeditiously resume broadcast operations of KCCL(AM); to determine whether Diamond 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, Diamond possesses the requisite qualifications to remain a Commission licensee. 2. By Order, FCC 96M-134, released May 30, 1996, Administrative Law Judge Richard L. Sippel terminated the hearing proceeding because Diamond 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 KCCL(AM) has been off the air since February 10, 1993, and off the air without authority since May 18, 1994. In light of the foregoing, we conclude that Diamond 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 Diamond is not qualified to remain the licensee of Station KCCL(AM). 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 Diamond State Broadcasting, Inc. for KCCL(AM), Paris, Arkansas, IS REVOKED. 5. IT IS FURTHER ORDERED, that the call sign for Station KCCL(AM) 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 Diamond State Broadcasting, Inc. FEDERAL COMMUNICATIONS COMMISSION Roy J. Stewart Chief, Mass Media Bureau