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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matters of                )    MB Docket No. 05-95
                                )    NAL/Acct No. MB 20041810004
Licensee of Station K216EQ       )
Daingerfield, Texas              )    Facility ID No. 92810
and                              )
Application for Construction     )
Permit for a New                 )    Facility ID No. 94199
Noncommercial Educational FM     )    File No. BPED-19990907MG
Station in Daingerfield, Texas   )


Adopted:  July 6, 2005                  Released:  July 7, 2005

By the Acting Chief, Enforcement Bureau:


     1.   By this Memorandum Opinion And Order, acting pursuant 
to authority delegated to the Enforcement Bureau under section 
0.111(a)(17) of the Commission's rules,1 we dismiss the above-
captioned proceeding pursuant to section 1.92(d) of the 
Commission's rules.2  We conclude, based on the evidence 
described herein that KEGG Communications, Inc. (``KCI'') 
surrendered the license for FM translator Station K216EQ, 
Daingerfield, Texas and that the Media Bureau canceled that 
authorization.3  We further note that the presiding 
Administrative Law Judge (``Presiding Judge'') dismissed with 
prejudice KCI's captioned application for a construction permit 
for a new noncommercial educational FM station in Daingerfield, 
Texas, and that KCI did not timely seek review of that action 
pursuant to section 1.302 of the Commission's rules.4  
Accordingly, we do not make any findings relative to the issues 
designated below, including whether KCI is qualified to be and 
remain the licensee of Station K216EQ, and we dismiss the 


     2.   On March 15, 2005, the Commission released an Order to 
Show Cause, Hearing Designation Order and Notice of Opportunity 
for Hearing (``OSC''), designating this case for hearing.5  The 
OSC specified the following issues:     

          (1)  To determine the extent to which KCI, licensee of 
            noncommercial educational FM translator station 
            K216EQ, complied with the FM Translator provisions 
            specified in Sections 74.1231(b), 74.1231(f), 
            74.1231(g), and 74.1284(b) of the Commission's 

          (2) To determine whether KCI made misrepresentations of 
            fact or was lacking in candor in violation of 
            Section 73.1015 of the Commission's rules with 
            regard to K216EQ's primary station and/or whether 
            K216EQ originated programming; and

          (3)  To determine, based on the evidence adduced 
            pursuant to all of the above, whether KCI is 
            qualified to be and to remain the licensee of 

     3.   The OSC also ordered that the Presiding Judge, 
notwithstanding the resolution of the designated issues, 
determine whether the Commission should impose a monetary 
forfeiture against KCI for violations of sections 74.1231(b), 
74.1231(f), 74.1231(g), 74.1284(b) and 73.1015 of the 
Commission's rules.  The OSC set the maximum forfeiture amount at 

     4.   The OSC ordered KCI, pursuant to section 1.221(c) of 
the Commission's rules,7 within twenty (20) days of the date of 
the mailing of the OSC, in person or by its attorney, to file a 
written notice of appearance in order to avail itself of the 
opportunity to be heard.8  The OSC directed that the notice of 
appearance state that KCI would appear on the date fixed for the 
hearing and present evidence on the specified issues.9  On March 
17, 2005, the Chief Administrative Law Judge issued an Order, 
setting April 27, 2005 as the date for the prehearing conference 
and further ordering that all hearing proceedings were to take 
place in Washington, D.C.10  

     5.   On March 23, 2005, KCI sent to the Presiding Judge by 
facsimile a self-styled ``Show Cause Reply'' which was dated 
March 16, 2005.11  In the Show Cause Reply, KCI requested, inter 
alia, that its license not be revoked, and it contended that 
Station K216EQ was in compliance with the Commission's translator 
rules.12   As for the hearing, KCI, by its President, Bill 
Wright, stated: ``I plan to attend the hearing as related to 
translator station K216EQ.  I am requesting that the location be 
held at the FCC Field Office in Dallas so I may attend.  Because 
of personal matters, I cannot make a trip to Washington, D.C.''13

     6.   On March 30, 2005, the Presiding Judge dismissed KCI's 
Show Cause Reply.14  The MO&O concluded that the Show Cause Reply 
failed to comply with numerous Commission procedural rules.15  
Initially, the MO&O concluded that the Show Cause Reply was not 
properly or officially filed with the Commission.16  In addition, 
the MO&O held that KCI's mere statement that it ``plans to attend 
the hearing'' did not comport with the requirements of section 
1.221(c) of the Commission's rules.17  Nevertheless, the MO&O 
gave KCI another opportunity to file a written appearance ``which 
complies in all respects with the Commission's rules.''18  The 
MO&O set April 15, 2005, as the due date for KCI's written 

     7.   KCI did not file a written appearance by the required 
date.  Instead, on April 18, 2005, KCI sent a facsimile to the 
Presiding Judge withdrawing the pending construction permit 
application and surrendering the license for Station K216EQ.20  
In the facsimile, KCI's President, Mr. Wright, stated:

       At  this  time  I  am  surrendering  the  license  of 
       K216EQ[,] Daingerfield[,]  Texas, and requesting  the 
       application pending before  the FCC In [sic]  regards 
       to KEGG  Christian Communication  [sic] be  dismissed 
       without prejudice.21

On April 19, 2005, the Presiding Judge caused KCI's facsimile to 
be filed with the Commission's Office of the Secretary.22  The 
Presiding Judge convened a prehearing conference in this 
proceeding on April 27, 2005.  KCI did not attend or enter a 
notice of appearance, nor did anyone do so on its behalf.23  

     8.   In light of all the foregoing, the Presiding Judge 
determined that, having failed to file a notice of appearance, 
KCI had waived its right to a hearing with respect to its FM 
translator station.24  Accordingly, the Presiding Judge dismissed 
KCI's construction permit application, terminated the proceeding, 
and certified the case to the Commission for disposition in 
accordance with section 1.92(c) of the Commission's rules.25  The 
Commission has delegated authority to the Enforcement Bureau for 
revocation proceedings, terminated on the basis of waiver of the 
opportunity for a hearing, pursuant to section 0.111(a)(17) of 
the Commission's rules.26  

     9.   KCI did not timely file a notice of appearance.  
Instead, it surrendered its license for Station K216EQ, and 
requested dismissal of its above-captioned construction permit 

     10.  Section 1.92(a)(1) of the Commission's rules provides 
that the failure to file the requisite notice of appearance 
constitutes a waiver of the right to a hearing with regard to the 
issues specified in the OSC.27  Having failed to file a timely 
written appearance as prescribed by section 1.91(c) of the 
Commission's rules, KCI waived its right to a hearing on the 
specified issues.28  However, in light of KCI's surrender of its 
license for Station K216EQ and the Media Bureau's subsequent 
cancellation of that license, revocation of that license has 
become moot.  Consequently, in accordance with section 1.92(d) of 
the Commission's rules, we dismiss the hearing proceeding.  
Moreover, in light of the cancellation of KCI's license for 
Station K216EQ and the dismissal of its captioned construction 
permit application, imposition of a forfeiture is not appropriate 


     11.  Accordingly, IT IS ORDERED, pursuant to sections 
1.92(d) and 0.111(a)(17) of the Commission's rules,29 that the 
captioned hearing proceeding IS DISMISSED.     

     12.  IT IS FURTHER ORDERED that a copy of this Order shall 
be sent to KEGG Communications, Inc., P.O. Box 497931, Garland, 
Texas 75049, attention: Bill Wright, President.


                         Kris Anne Monteith
                         Acting Chief, Enforcement Bureau

1 47 C.F.R.  0.111(a)(17).  Pursuant to this rule, the 
Enforcement Bureau has delegated authority, inter alia, to 
``[i]ssue or draft appropriate orders after a hearing has been 
terminated by an Administrative Law Judge on the basis of 
2 47 C.F.R.  1.92(d).
3 See Broadcast Actions, Public Notice at 11, 2005 WL 1123285, 
(rel. May 12, 2005) (REPORT NO. 45983) (License cancelled May 9, 
4 See Memorandum Opinion and Order, FCC 05M-26 at 2 (rel. May 4, 
2005) (``Dismissal Order'').  See also 47 C.F.R.  1.302.
5 KEGG Communications, Inc., Order to Show Cause, Hearing 
Designation Order and Notice of Opportunity for Hearing, 20 FCC 
Rcd 5768 (2005). 
6 OSC, 20 FCC Rcd at 5771,  9.  The OSC did not specify any 
issues with regard to KCI's construction permit application. The 
OSC noted that KCI had filed a request that its application be 
dismissed, which it declined to grant because the majority of the 
evidence in this case arose in the context of processing that 
application.  The OSC provided, however, that the Presiding Judge 
could dismiss that application, if and when he believed it 
appropriate.  OSC, 20 FCC Rcd at 5771 n. 8.
7 47 C.F.R.  1.221(c).
8 OSC, 20 FCC Rcd at 5771,  12.
9 Id.
10 FCC 05M-13 (rel. Mar. 17, 2005).
11 See.Judge's Ex. 2.
12 Id. at 1-2.
13 Id. at 4.
14 See Memorandum Opinion  and Order, FCC  05M-16 (rel. Mar.  30, 
2005) (``MO&O'').
15 Specifically, the MO&O concluded that the Show Cause Reply and 
its submission to the Presiding Judge were in violation of 
sections 0.401, 1.7, 1.47, 1.51(a)(1), 1.52, 1.209, 1.211, 
1.291(a)(4), and 1.296 of the Commission's Rules.  Id. at 2,  4.
16 Id.  
17 Id. at 2,  5.  
18 Id. at 2, n.2.  
19 Id. at 3.
20 See Judge's Ex. 3.  
21 Id.  at 1.   As noted  above, the  Media Bureau  canceled  the 
license for Station K216EQ on May 9, 2005. 
22 See Dismissal Order, note 4 supra, at 2,  5.  
23 Id. at 2,  6.
24 Id. at 2,  7-8.
25 Id. at 2.  See also 47 C.F.R.  1.92(c).
26 47 C.F.R.  0.111(a)(17).
27 47 C.F.R.  1.92(a)(1).
28 47 C.F.R.  1.91(c).  See also 47 C.F.R.  1.92(a)(1).
29 47 C.F.R.  1.92(d) and 0.111(a)(17).