******************************************************** 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 re Applications of ) ) Alexander Broadcasting Company ) ) File Nos. BR-900914UE, BRH-900914UA For Renewal of Licenses of ) BR-970918WE, BRH-970918WA KXL(AM), KXL-FM, Portland, Oregon ) ) ) ) ) ) MEMORANDUM OPINION AND ORDER Adopted: May 22, 1998 Released: May 26, 1998 By the Chief, Mass Media Bureau: 1. The Chief, Mass Media Bureau, has under consideration a single document filed March 2, 1998 by Vincent L. Hoffart, Sr., intended to serve as both (1) a petition for reconsideration of our February 13, 1998 dismissal of his informal objection against two of the above referenced renewal applications, File Nos. BR-970918WE and BRH-970918WA, as well as (2) an application for review of our decision in the same February 13, 1998 decision letter that affirmed our December 10, 1997 dismissal of Hoffart's objection against the other two above referenced license renewal applications, File Nos. BR-900914UE and BRH-900914UA. We find that Hoffart provides no reason to reconsider or review the dismissals, which found his objections abuses of our processes. 2. With respect to the reconsideration request, Hoffart argues that the Audio Services Division abused its discretion in considering his January 5, 1998 informal objection because the pleading had been addressed to the full Commission. We remind Hoffart that the full Commission, in a related proceeding, Nationwide Communications, Inc., Memorandum Opinion & Order, __ FCC Rcd __, FCC 98-7 (released February 6, 1998) ("Nationwide Communications"), directed the staff "to dismiss any further abusive pleadings that Hoffart may file, such as those raising long settled matters or that are directed primarily at causing delay or harm to licensees for Hoffart's own private interests." The staff properly dismissed Hoffart's filings pursuant to that directive. Further, we have carefully reviewed the present pleading and find that it also is exactly the type of abusive document that the Commission directed us to dismiss. 3. With respect to the application for review, Hoffart essentially reiterates the same allegations that we carefully considered in our December 10, 1997 denial of the underlying informal objection. We provided Hoffart with the basis of our decision that those allegations are meritless. See Letter from Chief, Audio Services Division, to Vincent L. Hoffart and Jerome S. Boros, Esq., Re:KXL(AM), KXL-FM, Portland, Oregon, Ref. No. 1800B1-JD, (December 10, 1997). 4. One of Hoffart's primary arguments in the current pleading illustrates its frivolous nature. Hoffart continues to raise the argument, previously found meritless in Nationwide Communications, that the Reagan White House influenced one of the Commission's administrative law judges to treat Hoffart unfairly in 1983, when Hoffart challenged his former employer's license renewal application. In furtherance of that argument, Hoffart's current filing demands that the Commission investigate a Commission employee who visited the White House in 1983, based on Hoffart's belief that the employee was really the judge using an alias to conceal his identity. Hoffart's use of the current proceeding to continue raising 15-year-old matters related to his dispute with a former employer and that are irrelevant to the qualifications of the current licensee is a clear abuse of our process. Accordingly, Hoffart's petition for reconsideration and application for review will be dismissed. 5. Because Hoffart has continued to abuse our processes despite previous warning to him, it is appropriate to place restrictions on his participation to prevent any further abuse. See generally Radio Carollton, et al., 69 FCC 2d 1138, 1148-55 (1978). The Commission stated in Nationwide Communications that we should require Hoffart to obtain our prior permission to file documents based on a showing of public interest if Hoffart continued to file abusive pleadings. See Nationwide Communications (citing Martin-Trigona, 592 F. Supp. 1566, 1568 (D.Conn. 1984); 47 U.S.C.  503); John Cervase, 54 FCC 2d 1039 (1975). As Hoffart has disregarded our warning and continues his abuse of our processes, we will henceforth require that Hoffart attain our prior approval before filing any future pleadings. 6. Any future motion, pleading, or other document submitted by Hoffart to the Commission or to any member of the staff shall have a cover page attached to it clearly labeled "Request for Permission to File." The request shall include the following statement: "Pursuant to previous findings by the FCC that Vincent L. Hoffart, Sr., has abused Commission processes, and requiring Hoffart to request permission of the Mass Media Bureau to file further documents, e.g. Nationwide Communications, Inc., FCC 98-7, (February 6, 1998), Hoffart submits this request." The Mass Media Bureau, in considering these requests, will be guided by the principals stated by the Commission in Nationwide Communications, such as whether Hoffart has established that the filings concern legitimate substantive public interest matters relevant to the application proceedings in which they are filed. We will deny permission to file abusive documents such as those that are primarily frivolous, repetitive, irrelevant, obstructive, or that appear designed to cause harm in furtherance of a private interest. Failure to request permission to file will be deemed good and sufficient grounds for the Bureau to summarily deny Hoffart's document. 7. All provisions of this letter that personally apply to Hoffart shall apply equally to persons or entities acting at his behest, at his direction or instigation, or in concert with him. 8. Accordingly, Hoffart's petition for reconsideration of license renewals for KXL(AM), File No. 970918WE, and KXL-FM, File No. BRH-970918WA, and his application for review of our grant of license renewals for KXL(AM), File No. BR-900914UE, and KXL-FM, File No. BRH-900914UA, ARE DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Roy J. Stewart, Chief Mass Media Bureau