******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) CHARLES B. MOSS, JR. ) ) Licensee of Station KRKE(AM) ) MM Docket No. 96-191 Aspen, Colorado ) ) Order to Show Cause Why the License) for Station KRKE(AM), Aspen, Colorado,) Should Not Be Revoked ) ORDER Adopted: February 21, 1997 Released: February 24, 1997 By the Chief, Mass Media Bureau: 1. This proceeding began on August 28, 1996, when the Mass Media Bureau, by delegated authority, released its Order to Show Cause and Hearing Designation Order, DA 96-1508 ("HDO"). The HDO ordered Charles B. Moss, Jr. ("Moss") to show cause why the license for Station KRKE(AM), Aspen, Colorado, should not be revoked. The HDO specified issues to determine whether Moss had the capability and intent to expeditiously resume broadcast operations of KRKE(AM); to determine whether Moss 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, Moss possesses the requisite qualifications to remain a Commission licensee. 2. By Order, FCC 97M-6, released January 16, 1997, Administrative Law Judge Edward Luton terminated the proceeding because counsel for Moss informed the Commission, by a letter dated January 14, 1997, that Moss "will not appear and present evidence" in the proceeding. 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 KRKE(AM) has been off the air since May 25, 1993, and that special temporary authority permitting the station to remain silent expired on June 5, 1996. In light of the foregoing, we conclude that Moss has no intent to resume broadcast operations and has violated Sections 73.1740 and 73.1750 of the Commission's Rules. 4. Accordingly, IT IS ORDERED, that the license of Charles B. Moss, Jr. for Station KRKE(AM), Aspen, Colorado, IS REVOKED. 5. IT IS FURTHER ORDERED, that the call sign for Station KRKE(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 Charles B. Moss, Jr. FEDERAL COMMUNICATIONS COMMISSION Roy J. Stewart Chief, Mass Media Bureau