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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
EB Docket No. 06-163
TERRY KEITH HAMMOND )
Facility ID No. 81640
Application For Renewal of )
EB-03-IH-0130
License for Station KBKH(FM) )
File No. BRH-20050401AAA
Shamrock, Texas )
)
ORDER TO SHOW CAUSE,
NOTICE OF OPPORTUNITY FOR HEARING,
and
HEARING DESIGNATION ORDER
Adopted: August 17, 2006 Released: September 15, 2006
By the Commission:
I. INTRODUCTION
1. By this Order to Show Cause, Notice of Opportunity for Hearing, and
Hearing Designation Order, we commence a hearing proceeding to
determine whether Terry Keith Hammond ("Hammond"), licensee of Station
KBKH(FM), Shamrock, Texas, is qualified to be and remain a Commission
licensee, whether Hammond's license for Station KBKH(FM) should be
revoked, and whether Hammond's captioned application for renewal of
the station's license should be granted. This proceeding will also
determine whether a forfeiture should be imposed against Hammond for
willfully or repeatedly failing to comply with the terms of his
license for Station KBKH(FM) and for willfully or repeatedly failing
to comply with Commission rules, as specified in greater detail
herein.
2. The record before us indicates that Hammond has been convicted of a
felony, raising a substantial and material question of fact concerning
his qualifications to be and remain a licensee. In addition, Hammond
failed to report the felony conviction in the renewal application,
raising false certification, misrepresentation or lack of candor
issues. It also appears that Hammond willfully or repeatedly violated
the Commission's rules with respect to his operation of the station,
and also made false certifications, misrepresentations or lacked
candor concerning construction of facilities to upgrade the station in
an application to modify the station's license. Moreover, Hammond
failed to respond fully and provide information and documents to
Commission staff investigating the matters at issue in this
proceeding, raising issues as to whether he deliberately sought to
avoid revealing the facts surrounding his operation of the station and
matters relevant to his character qualifications.
II. BACKGROUND
3. Issues as to the Operation of Station KBKH(FM). On June 24, 2002, the
Commission received an application to assign the license for Station
KBKH(FM) from Turbo Radio Limited Partnership ("Turbo") to Terry Keith
Hammond. The Commission granted the application on August 23, 2002,
and Hammond reported consummation of the assignment on August 26,
2002. At the time of consummation, Station KBKH(FM)'s license
authorized operation at a site in Twitty, Texas at 35'0 20' 29'' North
Latitude and 100'0 14' 33'' West Longitude with an effective radiated
power ("ERP") of 6 kilowatts ("kW") at a height above average terrain
("HAAT") of 78 meters. In acquiring the station's license, Hammond
also obtained a construction permit originally issued on January 24,
2000, to upgrade Station KBKH(FM) from a Class A to a Class C2
station.
4. On August 2, 2002, the Commission's Dallas Field Office received a
letter, purportedly signed by James A. Turvaville on behalf of Turbo,
which included a copy of a request for special temporary authorization
("STA") to operate Station KBKH(FM) at a site north of the Shamrock
city limits, at 6700 U.S. Highway 83 ("Highway 83 site"),
approximately 5.1 miles from the station's authorized site. The
Commission's records do not reflect that this STA request was ever
filed formally with, or granted by, the Commission. On September 23,
2002, the Commission received a complaint alleging that the station
was not operating in accordance with its authorization.
5. On January 22, 2003, two days before his construction permit to
upgrade the station to a Class C2 was to expire, Hammond filed an
application for a license to cover the station's upgrade. In a January
28, 2003, amendment, Hammond changed the answer to Question 7 of
Section III from "No" to "Yes," thus certifying that the facility had
been constructed as authorized by the construction permit.
The Commission granted Hammond's license application on April 24, 2003.
6. Commission personnel subsequently observed the station's operations on
92.9 MHz on two consecutive days, beginning on May 27, 2003. Using
radio direction finding equipment, they determined that the station's
transmissions were emanating from a tower at the Highway 83 site,
behind a private residence, approximately 5.1 miles from the site
authorized in the license issued for the upgraded facilities.
Commission personnel inspected the station on May 28 and 29, 2003.
That inspection revealed that the station was operating with an
effective radiated power of less than 1 kW from a non-directional
four-bay antenna with a height of radiation center 22.6 meters above
ground level. According to the certifications that Hammond made in the
license application, the station should have been operating with an
effective radiated power of 50 kW with a radiation center above ground
level of 99 meters at the authorized site. Moreover, the Commission's
inspection revealed that use of the four-bay antenna, in combination
with a 500 Watt transmitter located on site, would not be capable of
producing the authorized power of 50 kW. In addition, the inspection
revealed that Hammond had failed to ensure that the station's
Emergency Alert System ("EAS") equipment was properly installed and
operational at the station. In this regard, Hammond was unable to
produce any logs noting that EAS tests were sent or received since he
had acquired the station. During the inspection, Hammond acknowledged
to Commission personnel that he had not commenced construction at the
authorized site, but that he had filed the license application in
order to prevent the expiration of the construction permit for the
upgraded facilities. Commission personnel advised Hammond during the
inspection that he did not have authority to operate the station at
its location, power level and antenna height.
7. On June 6, 2003, Hammond filed a request for an STA to permit him to
operate from the Highway 83 site at reduced power. In support of the
STA, Hammond stated that the station had been denied access to its
authorized site as a result of a legal dispute with the creditor who
owned the site. Hammond also claimed that the station's previous
licensee had sought an STA to relocate the station to the Highway 83
site in August 2002. However, as noted above, no such request was
properly filed with the Commission.
8. The Commission's staff granted the STA on July 2, 2003, but noted
that, because the station had been operated from the Highway 83 site
for an extended period without authority from the Commission, the
grant was without prejudice to any further Commission action in
connection with any unauthorized and/or improper station operation
prior to the date of the STA grant. This STA has now expired. Hammond
claims to have filed a letter request for an extension of the STA,
with slight modifications; however, the Commission's records contain
no evidence of such a request. The station continues to operate at the
Highway 83 site at the power and antenna height authorized by the
now-expired STA.
9. Criminal Conviction. As noted above, the Commission learned that
Hammond had been convicted of various criminal charges and received
documentation of Hammond's conviction of felony theft in a local court
after a jury trial. Specifically, on June 4, 2004, judgment on a
conviction was entered against Hammond for theft of more than $1,500
but less than $20,000 in the 31^st Judicial District Court of Wheeler
County, Texas. The theft occurred in 2002, prior to Hammond's
acquisition of the license for Station KBKH(FM), and involved Hammond
altering checks written to the station and depositing them into an
account that he controlled.
10. Letters of Inquiry/Failures to Respond Fully. The staff of the
Enforcement Bureau sent a letter of inquiry ("LOI") to Hammond on June
14, 2004. The LOI required Hammond to provide, among other things,
information and documents concerning the operation and control of
Station KBKH(FM) as well as information about any criminal proceedings
that are related to his character qualifications to be or remain a
Commission licensee. Hammond filed a partial response to the Bureau's
LOI on June 29, 2004.
11. The staff reissued the LOI to Hammond on August 10, 2004. The Reissued
LOI noted that Hammond had failed to respond directly to numerous
factual inquiries in the LOI. The Reissued LOI warned Hammond that he
faced the potential imposition of serious sanctions for continued
refusal to respond fully to the inquiries. Nevertheless, Hammond filed
an incomplete response to the Reissued LOI dated September 13, 2004.
The Complainant filed a reply dated September 17, 2004, and by letter
dated December 14, 2004, Hammond filed a further response, much of
which is repetitive of his September 13 response.
12. Application for the Renewal of the Station KBKH(FM) License. On
April 1, 2005, Hammond timely filed an application for renewal of the
license for Station KBKH(FM). The Renewal Application required Hammond
to certify, among other things, that no adverse findings had been made
against him in any criminal proceeding involving a felony. In response
to this question, Hammond answered "Yes," thereby certifying that
there had been no such adverse findings made against him and that no
adverse final action had been taken against him in any criminal
proceeding involving a felony. However, as set forth above, at the
time he filed the Renewal Application, Hammond had been convicted of
felony theft. Although Hammond appealed this conviction, the trier of
fact in his case, a jury, had found Hammond guilty of the offense.
III. DISCUSSION
13. For the reasons that follow, we find that a hearing is required to
resolve serious issues raised by the record concerning Hammond's
qualifications to be and to remain a Commission licensee. It appears
that Hammond may have made false certifications, misrepresented facts
to and lacked candor with the Commission regarding construction of
upgraded facilities for Station KBKH(FM) and regarding his criminal
felony conviction. Misrepresentation, lack of candor and false
certifications constitute the types of serious violations of the
Commission's rules that may be grounds for denying a grant of a
license renewal application. Moreover, even in the absence of such
misconduct, Hammond's felony conviction itself raises a substantial
and material question of fact as to his qualifications to be and to
remain a Commission licensee and may warrant revocation of the license
under section 312 of the Communications Act of 1934, as amended (the
"Act"). In addition, Hammond's operation of Station KBKH(FM)
substantially at variance with the terms of its authorizations for
extended periods of time since he acquired the station, and other
violations of the Commission's rules, demonstrate an apparent
indifference to the Commission's regulatory authority that is patently
inconsistent with his responsibilities as a licensee. Finally, we note
Hammond's failure to respond fully to Commission inquiries, contrary
to section 73.1015 of the Commission's rules. Hammond's apparent
serious violations raise a substantial and material question of fact
as to whether the captioned license Renewal Application should be
granted and whether his existing license should be revoked.
14. False Certification/Misrepresentation/Lack of Candor. The trait of
truthfulness is a key element of character qualifications necessary to
operate a broadcast station in the public interest. Misrepresentation
and lack of candor raise immediate concerns as to whether a licensee
will be truthful in future dealings with the Commission.
Misrepresentation is a false statement of fact made with intent to
deceive. Lack of candor is concealment, evasion, or other failure to
be fully informative, accompanied by intent to deceive. Intent can be
shown in many ways. If a licensee knowingly makes a false statement,
that is sufficient proof of intent to deceive. Intent to deceive can
also be inferred when one has a clear motive to deceive. Moreover,
intent can be found when the surrounding circumstances clearly show
the existence of intent to deceive, even if there is no direct
evidence of a motive. The Commission may revoke the license of a
licensee who deliberately makes misrepresentations or lacks candor in
dealing with the agency because he or she lacks the basic character
qualifications to hold the license.
15. Here, it appears that Hammond made false certifications and
misrepresentations and was less than completely candid with the
Commission in his January 2003 License Upgrade Application. In that
application, Hammond certified that the facilities for the upgrade had
been constructed in accordance with the terms of its construction
permit, which specified that the station's antenna location would
remain at the Twitty site authorized by the station's license, and
that the station would operate as a Class C2 facility on 92.9 MHz with
an effective radiated power of 50 kW at an antenna height of 99 meters
above ground level. However, it appears that, contrary to such
certifications, Hammond merely switched the station's frequency to
92.9 MHz, and continued to operate the station at the unauthorized
Highway 83 site, at reduced power. The record further suggests that
Hammond knew that the construction permit to upgrade the station's
facilities was about to expire, and thus had a motive to misrepresent
and fail to be fully candid concerning whether the station's upgraded
facilities had been constructed according to the terms of the
construction permit. Indeed, Hammond told the Commission field
inspectors that he filed the license application in order to prevent
the expiration of his construction permit.
16. Hammond's failure to disclose his felony theft conviction in the
Renewal Application also raises a substantial and material question of
fact as to whether he made a false certification, misrepresented facts
to the Commission or demonstrated a lack of candor. The mere existence
of an inaccuracy in an application, without any indication that there
was intentional deception, is insufficient to justify consideration of
a misrepresentation issue in an evidentiary hearing. However, it
appears that Hammond had a motive for the false certification, to
conceal information that would potentially disqualify him as a
licensee. We recognize that the information concerning Hammond's
felony conviction was made part of the record in the complaint
proceeding, and the Commission previously has declined to find intent
to deceive in cases in which the relevant information was disclosed in
other proceedings or could be found elsewhere in the Commission's
records. Nevertheless, because there appears to be a pattern of
repeated misrepresentations, the felony conviction was clearly
relevant to Hammond's basic qualifications, and Hammond's answer to
the question in the Renewal Application was manifestly false, we
believe that Hammond's false certification and failure to disclose the
felony conviction in his Renewal Application warrant consideration in
a hearing.
17. Effect of Hammond's Criminal Conviction on His Qualifications to Be
and Remain a Commission Licensee. Reliability is the other key element
of character necessary to operate a broadcast station in the public
interest. The propensity to comply with the law generally is relevant
to character qualifications, and an applicant or licensee's
willingness to violate other laws, and, in particular, to commit
felonies, is indicative of whether the applicant or licensee will
conform to the Commission's rules or policies. Evidence of any felony
conviction is relevant to an applicant's or licensee's character. As
set forth above, Hammond has been convicted of felony theft. Under the
circumstances presented here, a hearing is warranted under section 312
of the Act to determine whether Hammond's license should be revoked
because he lacks the basic character qualifications to be a Commission
licensee.
18. Technical and Other Rule Violations at Station KBKH(FM). As set forth
in detail above, it appears that Hammond operated Station KBKH(FM)
substantially at variance with the terms of its authorizations from
the time that he acquired the station on August 26, 2002, until July
2, 2003, when the STA to operate at the Highway 83 site at reduced
power was granted. Since the expiration of the STA, which occurred on
October 2, 2004 at the latest, unauthorized station operations
apparently have continued for more than twenty-two months and Hammond
has not properly obtained, or even sought, an extension of the STA or
filed an application to modify the station's facilities. Hammond also
has apparently committed other violations of the Commission's rules,
as discussed below. The seriousness and duration of these violations,
together with Hammond's failure to take corrective action, raise
questions as to whether Hammond can be relied upon in the future to
operate the station in accordance with the Act and the Commission's
rules. The Commission has designated hearing issues for "willful and
repeated" violations of our technical and legal requirements.
Moreover, it has specified issues where "the number, nature and
extent" of the violations indicate that "the licensee cannot be relied
upon to operate [the station] in the future in accordance with the
requirements of its licenses and the Commission's rules." These rule
violations also constitute a pattern of abuse and thus may warrant a
finding that Hammond's application for renewal of the license for
Station KBKH(FM) does not meet the standard for renewal set forth in
the Act.
19. Section 73.1350(a) of the Commission's rules provides that a licensee
is required to maintain and operate its broadcast station in
accordance with the terms of the station authorization. It appears
that, from August 26, 2002 until July 2, 2003, and from October 2004
to the present, Station KBKH(FM) operated at a site and with an
antenna radiation center and power at levels that were other than
those authorized by the station's license. Such operation would also
result in violations of section 73.1560(b) and (d) of the Commission's
rules by operating at reduced power for more than 30 days without
timely notifying the Commission and without requesting an STA to do
so, and section 73.1745(a) of the Commission's rules, which provides
that "[n]o broadcast station shall operate at times, or with modes or
power, other than those specified and made a part of the license,
unless otherwise provided..." In this regard, Hammond did not request
an STA until May 29, 2003, following Commission inspection of the
station, even though he apparently had been operating Station KBKH(FM)
from an unauthorized site and at variance from its authorization since
he acquired the station on August 26, 2002. Then, after the STA was
granted on July 2, 2003, and had expired, Hammond failed to timely and
properly request an extension of that STA even though he continued to
operate at the unauthorized Highway 83 site and with facilities well
below the parameters specified by his license. In this regard,
although the record contains an unaddressed letter dated November 1,
2003, that Hammond purportedly sent to the Commission staff seeking
extension of the STA, the Commission's records contain no indication
that the request was properly filed. Moreover, Hammond has variously
claimed elsewhere in the record that no extension was required until
October 3, 2004, thereby contradicting his assertion that he requested
an extension via the November 1, 2003, letter. Thus, following
expiration of the STA, Hammond continued to operate Station KBKH(FM)
in apparent violation of sections 73.1350(a), 73.1560(b) and (d) and
73.1745(a) of the Commission's rules.
20. In addition, section 11.35(a) of the Commission's rules requires all
broadcast stations to ensure that EAS encoders, decoders and attention
signal generating and receiving equipment used as part of the EAS are
installed and operational so that the monitoring and transmitting
functions are available during the times the station is in operation.
Broadcast stations must also determine the cause of any failure to
receive required weekly and monthly EAS tests, and must indicate in
the station's log why any required tests were not received and when
defective equipment is removed and restored to service. Station
KBKH(FM)'s EAS equipment was not operational during the Commission
inspection that commenced May 28, 2003. Moreover, there are no station
records to indicate that the EAS system was ever functional since
August 26, 2002, when Hammond acquired the station, nor are there
entries in the station's logs setting forth the reasons why EAS tests
were not received. Thus, it appears that Hammond also has willfully or
repeatedly violated the provisions of section 11.35 of the
Commission's rules.
21. Also, as discussed above, Hammond may have made misrepresentations and
lacked candor in the license application for the modified facilities
of Station KBKH(FM) and in the captioned application for the station's
license renewal. See PP 14-16, supra. A determination as to whether
Hammond intended to deceive the Commission by making false statements
and certifications in connection with these applications is an
essential element to resolution of the misrepresentation and lack of
candor issues designated for hearing. In the case of the License
Upgrade Application, intent to deceive is also critical in determining
whether Hammond violated section 73.1015 of the Commission's rules.
However, effective March 28, 2003, the Commission may sanction written
statements submitted to the Commission if the applicant had no
reasonable basis for believing its submission was correct and not
misleading. Consequently, a false statement in a broadcast
application, even in the absence of evidence of intent to deceive, may
constitute a violation of section 73.1015. Accordingly, we will also
designate a separate issue to determine whether Hammond violated
section 73.1015 in connection with his Renewal Application.
22. Section 403 of the Act provides that the Commission may institute on
its own motion any inquiry into, inter alia, any matter relating to
the enforcement of the Act or the Commission's rules. Section 308(b)
of the Act provides that the Commission "may require from an applicant
or licensee further written statements of fact " during the license
term. Licensees are, of course, required to comply with Commission
orders including those requiring the provision of information. In this
regard, section 73.1015 of the Commission's rules specifically
provides that the Commission, "may, in writing, require from any
applicant, permittee, or licensee written statements of fact relevant
to whether an application should be granted or denied, or to a
determination whether a license should be revoked, or to any other
matter within the jurisdiction of the Commission." Without such
licensee cooperation, the Commission's ability to regulate effectively
would be seriously undermined.
23. Pursuant to the provisions of sections 403 and 308, as well as other
authority, the staff of the Enforcement Bureau directed Hammond to
provide, among other things, information and documentation concerning
the operation of Station KBKH(FM) and his criminal record.
Specifically, the staff's letter of inquiry directed Hammond to
provide information and documents concerning operation of the station
at any location other than its licensed site, to provide the technical
parameters of such operation, and whether such operation had been
continuous. Hammond was also directed to provide information and
documents concerning whether he had commenced construction activity at
any location other than the station's authorized site, his authority
to commence construction or continue operation of the station at a
location other than the licensed site, and the station's main studio.
Finally, the letter directed Hammond to provide information and
documents concerning criminal proceedings against him and warned him
that failure to respond fully might result in sanctions, including
designation for hearing. Nonetheless, Hammond failed to respond fully
and provided incomplete information and less than all the documents
called for by these inquiries.
24. Hammond's repeated failures to fully respond to the staff directives
raise the question whether he did so deliberately to avoid the
Commission's ascertainment of the facts surrounding his operation of
the station and matters relevant to his character qualifications.
These failures to fully respond to Commission inquiries, coupled with
Hammond's pattern of apparent disregard for compliance with
requirements of the Act and the Commission's rules, warrant
designation in a hearing.
25. Other Alleged Rule Violations That Do Not Warrant Sanction or
Consideration in a Hearing. The complainant also alleged that portions
of a telephone conversation between him and a third party, which he
did not know were being recorded for later broadcast, were repeatedly
aired over Station KBKH(FM), in violation of section 73.1206 of the
Commission's rules. The prior notice requirements set forth in section
73.1206, which govern the broadcast of telephone conversations, do not
apply however to a recording made by a third party and not the
licensee. Thus, we deny this aspect of the complaint.
26. Acquisition or Transfer of Licenses. In accordance with the Character
Policy Statement, the Commission makes a determination as to the
transferability of a licensee's commonly-held stations and as to
whether to permit the licensee to acquire additional stations at the
time of designation of a licensee's station for hearing. The
applicable test is whether "the allegations under consideration
involve conduct likely to impact future operations of other stations,"
which is a question of fact to be resolved on a case-by-case basis.
Although Hammond does not own or control any other broadcast station
licenses, there is a substantial likelihood that the allegations
warranting designation of the license of Station KBKH(FM) for hearing
bear upon the potential operation of any other station that Hammond
may seek to acquire, either through assignment or transfer or through
an application for a new facility. The allegations at issue here
involve Hammond's truthfulness and reliability. Under these
circumstances, we find it appropriate to prohibit Hammond's
acquisition of additional licenses pending the outcome of the hearing.
III. ORDERING CLAUSES
27. Accordingly, IT IS ORDERED, pursuant to sections 312(a) and 312(c) of
the Act, and section 1.91 of the Commission's rules, that Terry Keith
Hammond SHOW CAUSE why the license for Station KBKH(FM), Shamrock,
Texas, SHOULD NOT BE REVOKED. He shall appear before an administrative
law judge at a time and place to be specified in a subsequent Order
and provide evidence upon the following issues:
1. To determine the effect of Terry Keith Hammond's felony conviction on
his qualifications to be and remain a Commission licensee;
2. To determine, in light of the evidence adduced pursuant to the
foregoing issue, whether Terry Keith Hammond is qualified to be and to
remain a Commission licensee and whether the license for Station KBKH(FM),
Shamrock, Texas, should be revoked.
28. IT IS FURTHER ORDERED, pursuant to sections 309(e) and 309(k) of the
Act, that, the captioned application of Terry Keith Hammond for
renewal of the license of Station KBKH(FM), Shamrock, Texas, IS
DESIGNATED FOR A HEARING, before an administrative law judge at a time
and place to be specified in a subsequent Order, upon the following
issues:
3. To determine whether Terry Keith Hammond made false certifications,
misrepresentations and/or lacked candor in his License Upgrade Application
(File No. BLH-20030122AEG, as amended), in violation of section 73.1015 of
the Commission's rules;
4. To determine whether Terry Keith Hammond made false certifications,
misrepresentations and/or lacked candor in his Renewal Application, in
violation of section 73.1015 of the Commission's rules (File No.
BRH-20050401AAA);
5. To determine whether Terry Keith Hammond willfully and/or repeatedly
violated sections 73.1350(a), 73.1560(b) and (d) and/or 73.1745(a) of the
Commission's rules, by operating Station KBKH(FM) at a location, power and
antenna height that were not authorized by the station's license;
6. To determine whether Terry Keith Hammond willfully and/or repeatedly
violated section 11.35 of the Commission's rules, by failing to maintain
operational EAS equipment and station logs concerning EAS equipment and
tests for Station KBKH(FM);
7. To determine whether Terry Keith Hammond willfully and/or repeatedly
violated section 73.1015 of the Commission's rules by failing to provide
full and complete responses and documents as directed by letters of
inquiry issued by the staff of the Enforcement Bureau on June 14, 2004,
and August 10, 2004; and
8. To determine, in light of the evidence adduced pursuant to the
foregoing designated issues, whether the captioned application for renewal
of the license for Station KBKH(FM) should be granted, or denied.
29. IT IS FURTHER ORDERED, that, in accordance with section 312(d) of the
Act, and section 1.91(d) of the Commission's rules, the burden of
proceeding with the introduction of evidence and the burden of proof
with respect to issues 1 and 2 shall be on the Commission's
Enforcement Bureau.
30. IT IS FURTHER ORDERED that, in accordance with section 309(e) of the
Act, the burden of proceeding with the introduction of evidence and
the burden of proof with respect to issues 3 through 8 shall be on
Terry Keith Hammond.
31. IT IS FURTHER ORDERED, that, irrespective of the resolution of the
foregoing issues, it shall be determined, pursuant to section
503(b)(1) of the Act, whether an ORDER OF FORFEITURE in the amounts
specified herein shall be issued against Terry Keith Hammond with
respect to the following apparent willful and/or repeated violations
of section 73.1015 of the Commission's rules, in an amount not to
exceed $325,000; sections 73.1350(a), 73.1560(b) and (d), and
73.1745(a) of the Commission's rules, in an amount not to exceed
$325,000; and section 11.35(a) of the Commission's rules, in an amount
not to exceed $325,000; for any such violations that occurred or
continued within the applicable statute of limitations. The
forfeiture, if any, shall be adjusted based upon consideration of the
factors enumerated in section 503(b)(2)(D), such as "the nature,
circumstances, extent and gravity of the violation, and with respect
to the violator, the degree of culpability, any history of prior
offenses, ability to pay and such other matters as justice may
require."
32. IT IS FURTHER ORDERED, that, in connection with the possible
forfeiture liability noted above, this document constitutes notice
pursuant to section 503(b)(3) of the Act.
33. IT IS FURTHER ORDERED, that the Chief, Enforcement Bureau IS MADE A
PARTY to this proceeding.
34. IT IS FURTHER ORDERED, that a copy of each document filed in this
proceeding by Terry Keith Hammond SHALL BE SERVED on Judy Lancaster
and Anjali K. Singh, counsel of record appearing on behalf of the
Chief, Enforcement Bureau. Such service SHALL BE ADDRESSED to Judy
Lancaster and Anjali K. Singh, Investigations and Hearings Division,
Enforcement Bureau, Federal Communications Commission, 445 12^th
Street, S.W., Room 4-C330, Washington, D.C. 20554.
35. IT IS FURTHER ORDERED, that, to avail himself of the opportunity to be
heard and the right to present evidence at a hearing in these
proceedings, pursuant to sections 1.91(c) and 1.221of the Commission's
rules, Terry Keith Hammond, but not the Chief, Enforcement Bureau, in
person or by attorney, shall file within thirty (30) days of the
release of this Order, a written appearance in triplicate stating that
he will appear at the hearing and present evidence on matters
specified in this Order. If Terry Keith Hammond fails to file a
written notice of appearance within the time specified, or a petition
to accept, for good cause shown, such written appearance beyond the
expiration of the thirty (30) day time period, Terry Keith Hammond's
application for renewal of the license for Station KBKH(FM) will be
dismissed with prejudice for failure to prosecute. Furthermore, if
Terry Keith Hammond fails to file a timely written notice of
appearance, the right to a hearing on issues 1 and 2 shall be deemed
to be waived. Where a hearing on issues 1 and 2 is waived, Terry Keith
Hammond may submit a written, signed statement of mitigation or
justification with respect to issues 1 and 2 only, within thirty (30)
days of the release of this Order. In the event that a hearing on
issues 1 and 2 is waived, the Chief Administrative Law Judge (or
presiding officer if one has been designated) shall, at the earliest
practicable date, issue an order terminating the hearing proceeding
and certifying the case to the Commission.
36. IT IS FURTHER ORDERED, that Terry Keith Hammond shall, pursuant to
section 311(a)(2) of the Act, and section 73.3594 of the Commission's
rules, give notice of the hearing with respect to the application for
renewal of the license for Station KBKH(FM), Shamrock, Texas, within
the time and in the manner prescribed and shall advise the Commission
of the publication of such notice as required by section 73.3594(g) of
the Commission's rules.
37. IT IS FURTHER ORDERED, that a copy of this Order shall be sent by
Certified Mail, Return Receipt Requested, and by regular first class
mail to Terry Keith Hammond, P.O. Box 688 Shamrock, Texas 79079, 6700
U.S. Highway 83, Shamrock, Texas 79079 and TDCJ Number 01361320, J.B.
Wheeler Unit, 986 County Road AA, Plainview, Texas, 79072, and a
courtesy copy will be sent, by regular first class mail to the
Complainant, David Rushing.
38. IT IS FURTHER ORDERED, that the Secretary of the Commission shall
cause to have this Order or a summary thereof published in the Federal
Register.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
The station's call sign changed on July 26, 2002, from KRMN(FM) to
KBKH(FM). For the sake of clarity, we will refer to the station by its
current call sign.
See Application for Consent to Assignment of Broadcast Station
Construction Permit or License (FCC 314),
File No. BALH-20020624AAP.
See Letter from Terry Keith Hammond to Federal Communications Commission,
Audio Services Division, dated August 27, 2002.
See FCC Form 351B, License File No. BLH-19970925KC, granted February 20,
1998.
See FCC Form 351A, FM Broadcast Station Construction Permit, issued
January 24, 2000, and referencing Application for Construction Permit for
Commercial Broadcast Station (FCC 301), File No. BPH-19991015AAT ("FM
Broadcast Station Construction Permit, File No. BPH-19991015AAT").
See Modification of Request for Special Temporary Authority, dated August
2, 2002, which referenced the Highway 83 site, specifying coordinates at
35'0 16' 10'' North Latitude, 100'0 14' 03'', West Longitude and an ERP of
1.0 kW.
STA requests require payment of a filing fee, which must be submitted with
a Remittance Advice (FCC 159). Commission records do not reflect that any
such form was ever filed in connection with an August 2002 STA request,
and Hammond has not submitted such a form or any evidence of its filing
with Mellon Bank, which at the time, collected applications that required
a filing fee.
E-mail from David Rushing to [1]fccinfo@fcc.gov, dated September 23, 2002.
Rushing supplemented the complaint on May 27, 2004, alleging that Hammond
had been convicted of felony theft. Letter from David Rushing, Director,
Shamrock Economic Development Corporation, to William D. Freedman, Deputy
Chief, Investigations and Hearings Division, Enforcement Bureau, dated May
27, 2004.
See Application for FM Broadcast Station License (FCC 302-FM), File No.
BLH-20030122AEG.
Initially, Hammond responded "No" to Question 7, Section III-Engineering,
which asks whether the facility was constructed as authorized in the
underlying construction permit, or complies with 47 C.F.R. S 73.1690,
concerning procedures and restrictions that apply to licensee
modifications of authorized broadcast system facilities. Id. In his
January 28, 2003, amendment, Hammond changed the answer to Question 7 to
"Yes," specifically stating that he had inadvertently marked the "No"
response initially, and that the correct answer was "Yes." Moreover,
Hammond, in both the original application and subsequent amendment,
answered "Yes" in response to Question 2, Section II, which asked whether
"all terms, conditions, and obligations set forth in the underlying
construction permit have been fully met."
See File No. BLH-20030122AEG.
See License Application for Modified Facilities, File No. BLH-20030122AEG,
as amended ("License Upgrade Application"). See also, FM Broadcast Station
Construction Permit, File No. BPH-19991015AAT.
Inspection revealed that the station was using a PTEK transmitter model FM
500, FCC ID ML9FM500.
See File No. BSTA-20030606ACP. Hammond requested that the station be
permitted to maintain its transmitter at the Highway 83 site, at
geographic coordinates 35'0 16' 03.6'' North Latitude, 100'0 14' 08.1''
West Longitude with an antenna height of 24.99 meters above ground level,
a radiation center of 706.99 meters above mean sea level, and an effective
radiated power level of 796 Watts.
Id.
Id.
See P 4 supra.
Letter from Edward P. De La Hunt, Associate Chief, Audio Division, Office
of Broadcast License Policy, Media Bureau, to Terry Keith Hammond, dated
July 2, 2003. The STA authorized Hammond to operate with an antenna height
of 25 meters and effective radiated power of .8 kW at the Highway 83 site.
According to the Commission's database, this STA was to expire on October
2, 2003. However, due to an apparent typographical error, the paper copy
of the letter granting the STA bears an expiration date of October 2,
2004.
See Letter from Terry Keith Hammond to Charles N. "Norm" Miller,
Electronics Engineer, Audio Services Division, Media Bureau, dated
November 1, 2003 (the letter itself bears no address to which it was being
sent and there is no other indication that it was actually sent to the
Commission). In this letter, Hammond states that "a representative of the
Dallas, Texas, Enforcement Bureau," told him that the expiration date on
the letter granting the STA was incorrect, and that, as a result, he had
been operating the station at variance with its license. As discussed
below, Hammond's statements in the record concerning his understanding of
the controlling STA expiration date are conflicting because, in other
documents, he also claims an STA expiration date of October 2, 2004. See P
19, infra.
See note 8, supra.
State of Texas v. Terry Keith Hammond, Judgment of Conviction by Jury,
Case No. 4010 ( 31^st Jud. Dist. Wheeler County Ct., June 4, 2004).
Hammond initially was sentenced to two years confinement in the State Jail
Division, which was suspended with the requirement that Hammond be placed
on community supervision for five years. On July 12, 2004, the trial court
found that Hammond had violated the terms of the supervision and it was
revoked.
Letter from William D. Freedman, Deputy Chief, Investigations and Hearings
Division, Enforcement Bureau, to Terry Keith Hammond, dated June 14, 2004
("LOI").
LOI at 7, Inquiries 13-18.
LOI at 8, Inquiries 19-25.
Letter from Terry Keith Hammond, MonsterFM.com/KBKH 92.9-FM, to
Investigations and Hearings Division, Enforcement Bureau, dated June 29,
2004 ("Response"). The Response did not answer, inter alia, LOI Inquiries
15 (directing Hammond to provide specific documentation of any Commission
authorization permitting him to commence construction or continue
operation of the station at a location other than its authorized site),
19-22 (directing Hammond to provide information concerning criminal
proceedings against him), 23 (directing Hammond to provide information
concerning whether he had been convicted of a felony), and 25 (requiring
Hammond to provide documents that serve as the basis for, support, or
relate to responses to other inquiries).
Letter from William D. Freedman, Deputy Chief, Investigations and Hearings
Division, Enforcement Bureau, to Terry Keith Hammond, dated August 10,
2004 ("Reissued LOI").
Id. at 2 and n. 7.
Id. at 2 and n. 8.
Letter from Terry Keith Hammond, MonsterFM.com/KBKH 92.9-FM, to
Investigations and Hearings Division, Enforcement Bureau, dated September
13, 2004 ("Supplemental Response"). By way of example, Hammond's answer to
the Reissued LOI Inquiry 13, which asked whether the station had been
operated at any location other than its licensed site, and if so, the
relevant times of such operation, the locations of such operations,
including site coordinates and technical parameters (class, power and
antenna height) was that the station was being operated at the Highway 83
site, as specified in the STA granted July 2, 2003, except for a 24 hour
period in which it had been operated "from a downtown rooftop antenna at
100 watts." In addition, in the Supplemental Response, Hammond claims that
the STA to operate at the Highway 83 site, at reduced power, would not
expire until October 2, 2004.
Letter from David Rushing, Shamrock Economic Development Corporation, to
Investigations and Hearings Division, Enforcement Bureau, dated September
17, 2004.
Letter from Terry Keith Hammond, MonsterFM.com/KBKH 92.9-FM, to
Investigations and Hearings Division, Enforcement Bureau, dated December
14, 2004.
See Application for Renewal of Broadcast Station License (FCC 303-S),
BRH-20050401AAA ("Renewal Application"). Rushing filed an informal
objection to the Renewal Application dated April 20, 2005. See Letter from
David Rushing to the Secretary, Federal Communications Commission, dated
April 20, 2005. Rushing argues that Station KBKH(FM) does not serve the
needs and interests of its community of license, and that Hammond's
application for license renewal should not be granted. In support, Rushing
reiterated certain allegations from his complaint, including the
allegation that Hammond has been convicted of a felony, and pointed to
Hammond's failure to fully respond to the staff's inquiries in the
complaint proceeding. In addition, Rushing complains that programming on
the station is inappropriately critical of the local community and its
leaders. Rushing did not serve his informal objection on Hammond, but
Hammond filed a response dated January 13, 2006. See Letter from Terry
Keith Hammond to the Secretary, Federal Communications Commission, dated
January 13, 2006. Hammond requests dismissal of the informal objection as
repetitive and also alleges that Rushing's failure to serve him with the
objection violates the Commission's ex parte rules, 47 C.F.R. S 1.1200 et
seq. Hammond is incorrect that Rushing's failure to serve him constitutes
a violation of the ex parte rules. See 47 C.F.R. S 1.1204(a) (8)
(presentations exempt from the prohibitions in restricted proceedings
include those made by a listener of a broadcast station who is not a party
under 47 C.F.R. S 1.1202(d)(1) relating to an application for renewal of a
station's license that is not designated for hearing at the time that the
presentation is made). In addition, two individual listeners filed
Petitions to Dismiss Rushing's informal objection. See Letter from Mary
Dion to the Secretary, Federal Communications Commission, dated December
14, 2005; and Letter from James R. Reneau to the Secretary, Federal
Communications Commission, dated December 20, 2005.
See Renewal Application, Question 3, Section II.
Id.
Moreover, the 7^th Court of Appeals, which reviewed the trial court's
judgment, ruled that it did not have jurisdiction to consider Hammond's
appeal of the felony conviction because it was not timely filed. Terry
Keith Hammond v. State of Texas, No. 07-04-0430-CR (7^th Ct. App. Tex.
Dec. 14, 2005). Hammond's appeal also challenged the trial court's
judgment revoking his community supervision, and the 7^th Court of Appeals
affirmed that revocation. Id. Hammond's motion for rehearing with respect
to revocation of his community supervision was denied on March 2, 2006. In
addition, the Texas Court of Criminal Appeals has denied Hammond's
Petition for Discretionary Review of the ruling of the 7^th Court of
Appeals. Terry Keith Hammond v. State of Texas, No. PD-0313-06 (Texas Ct.
Crim. Appeals Mar. 1, 2006). On April 17, 2006, the 7^th Court of Appeals
issued its mandate ordering that Hammond's sentence be carried out, and
Hammond is now incarcerated.
See e.g., FCC v. WOKO, Inc., 329 U.S. 223, 225-27 (1946); Contemporary
Media, Inc. v. FCC, 214 F.3d 187, 196 (D.C. Cir. 2000); Schoenbohm v. FCC,
204 F.3d 243, 247 (D.C. Cir. 2000); Swan Creek Communications, Inc. v.
FCC, 39 F. 3d 1217, 1221-24 (D.C. Cir. 1994); Garden State Broadcasting
Ltd. v. FCC, 996 F. 2d 386, 393-94 (D.C. Cir. 1993).
47 U.S.C. S 312; Policy Regarding Character Qualifications in Broadcast
Licensing, Report, Order and Policy Statement, 102 FCC 2d 1179, 1196-98 P
37 (1986), recon. denied, 1 FCC Rcd 421 (1986), appeal dismissed sub nom.
National Association for Better Broadcasting v. FCC, No. 86-1179 (D.C.
Cir. Jun. 11, 1987) ("Character Policy Statement"). See also Policy
Regarding Character Qualifications in Broadcast Licensing, Amendment of
Part 1, the Rules of Practice and Procedure, Relating to Written Responses
to Commission Inquiries and the Making of Misrepresentation to the
Commission by Applicants, Permittees, and Licensees, and the Reporting of
Information Regarding Character Qualifications, Policy Statement and
Order, 5 FCC Rcd 3252, P 5 (1990), recon. on other grounds, 6 FCC Rcd 3448
(1991), modified on other grounds, 7 FCC Rcd 6564 (1992) ("1990
Modifications of Character Policy Statement"). See, e.g., Contemporary
Media, Inc. v. FCC, 214 F.3d at 193 (upheld as rational Commission policy
to consider any felony conviction of broadcast licensee's of applicant's
principal as a relevant factor in evaluating propensity to obey the law);
Fed. R. Evid. 609(a)(2) (permits introduction of any criminal convictions,
regardless of punishment, involving dishonesty such as perjury, criminal
fraud and embezzlement).
See, e.g., William L. Zawila, Order to Show Cause, Notice of Opportunity
for Hearing, and Hearing Designation Order, 18 FCC Rcd 14938, 14964-65,
P101 (2004); Family Broadcasting, Inc (WSTX(AM)/WSTX-FM), Order to Show
Cause and Notice of Opportunity for Hearing, 16 FCC Rcd 4330, 4335 P 13,
4337, P 17 (2001) recon denied, 16 FCC Rcd 12810 (2001).
47 C.F.R. S 73.1015. See also 47 C.F.R. S 1.17.
47 U.S.C. SS312, 309(k)(2); Character Policy Statement, 102 FCC 2d 1179
(1986).
See Character Policy Statement, 102 FCC 2d at 1210-11, PP 58-62.
Id. A false certification may also constitute a misrepresentation. See,
e.g., San Francisco Unified School District (KALW(FM)), Hearing
Designation Order and Notice of Apparent Liability for Forfeiture, 19 FCC
Rcd 13326, 13334, P 19 nn. 40-41 (2004), Initial Decision, 21FCC Rcd 3837
(ALJ 2006).
See Fox River Broadcasting, Inc., Order, 93 FCC 2d 127, 129 (1983).
Id.
"[T]he fact of misrepresentation coupled with proof that the party making
it had knowledge of its falsity [is] enough to justify a conclusion that
there was fraudulent intent." Leflore Broadcasting Co., Inc. v. FCC, 636
F.2d 454. 462 (D.C. Cir. 1980).
See, e.g., RKO General, Inc., Decision, 4 FCC Rcd 4679, 4684, P 29 (Rev.
Bd. 1989).
American International Development, Inc., Memorandum Opinion and Order, 86
FCC 2d 808, 816 n. 39 (1981), aff'd sub nom. KXIV, Inc. v. FCC, 704 F.2d
1294 (D.C. Cir. 1983) (Commission stated that "the absence of direct
evidence of motive is not significant where the record otherwise clearly
establishes that deceptive conduct has occurred.").
Contemporary Media, Inc. v. FCC, 214 F.3d 187, 196 (D.C. Cir. 2000) citing
Schoenbohm v. FCC, 204 F.3d 243, 247 (D.C. Cir. 2000) and other cases.
License Upgrade Application, supra n. 12.
Id. at Section III, page 2, "Preparer's Certification" and Question 7,
Section III. See Construction Permit for Upgraded Facilities, FCC Form
351A, issued January 24, 2000.
See William L. Zawila, 18 FCC Rcd at 14964, P 98 (imminent expiration of
construction permit is motive to misrepresent that facilities had been
constructed in accordance with terms of their construction permits).
See P 6, supra.
See, e.g., San Francisco Unified School District, 19 FCC Rcd at 13334, P
19; Center for Study and Application of Black Economic Development,
Hearing Designation Order, 6 FCC Rcd 4622 (1991) (subsequent history
omitted).
See, e.g., Greater Muskegon Broadcasters, Inc., Memorandum Opinion and
Order, 11 FCC Rcd 15464, 15472-73, PP 22-23 (1996), citing Garrett,
Andrews and Letizia, Inc., Decision, 86 FCC 2d 1172, 1180 (Rev. Bd. 1981),
modified on other grounds, Memorandum Opinion and Order, 88 FCC 2d 620
(1981).
As discussed more fully, infra, a felony conviction is potentially
disqualifying. See 1990 Modifications of Character Policy Statement,
supra, 5 FCC Rcd at 3252 (1990).
See Joseph W. Bollinger and Donna M. Bollinger, Memorandum Opinion and
Order, 16 FCC Rcd 18107, 18109, P 5 (2001); Greater Muskegon Broadcasters,
supra, 11 FCC Rcd at 15472, P 22. We note, however, that neither Bollinger
nor Greater Muskegon Broadcasters involved affirmatively false
certifications, as is the case here.
See, e.g., Standard Broadcasting, Inc., Decision, 7 FCC Rcd 8571, 8577 P
19 (Rev. Bd. 1992) (applicant for new FM station disqualified based on
pattern of misrepresentations concerning other stations for which it was
the licensee).
Character Policy Statement, 102 FCC 2d at 1209-10, PP 55-57.
See 1990 Modifications of Character Policy Statement, 5 FCC Rcd at 3252, P
3.
Id., P 4.
State of Texas v. Terry Keith Hammond, Judgment of Conviction by Jury,
Case No. 4010 ( 31^st Jud. Dist. Wheeler County Ct., Jun. 4, 2004).
Hammond's appeals have been rejected. See n.36, supra. In any event, a
jury verdict has been entered, and under the Commission's Character
Policy, this constitutes an "adjudication" that will be considered during
the pendency of Hammond's appeal. 1990 Modifications of Character Policy
Statement, 5 FCC Rcd at n.6 (factual findings by tribunal, which are not
subject to review de novo, constitute an adjudication by "ultimate trier
of fact"). See also Character Policy Statement, 102 FCC 2d at 1204-05, P48
and n. 62.
The facts of Hammond's felony conviction are res judicata and will not be
retried in this hearing.
As set forth above, the Commission's records are inconsistent as to the
date of expiration of the STA. See n.19, P 8. Hammond's statements in the
record concerning the STA expiration date also are inconsistent. See P 19,
infra. We note that pursuant to section 309(f) of the Act, 47 U.S.C. S
309(f), and 73.1635(a)(4) of the Commission's rules, 47 C.F.R. S
73.1635(a)(4), an STA may be granted for an initial period not to exceed
180 days. The October 2, 2004, expiration date noted on the face of the
letter granting the initial STA is inconsistent with these time
limitations. However, even giving Hammond the benefit of the latest
expiration date, October 2, 2004, an additional period of more than
twenty-two months has lapsed in which Hammond has operated the station at
variance with its license and without properly filing a request for an
extension of the STA or an authorization modifying the licensed facilities
of the station to allow for such operation.
See Zawila, 18 FCC Rcd at 14964-65, P 101, citing Lewel Broadcasting,
Inc., Decision, 86 FCC 2d 896 (1981); Heart of the Black Hills Stations,
Decision, 32 FCC 2d 196, 200 (1971); and Fred Kaysbier, Decision, 34 FCC
2d 788 (Rev. Bd. 1970).
Zawila, 18 FCC Rcd at 14964-65, P101 citing Heart of the Black Hills
Stations, 32 FCC Rcd at 200 (1971). See also Center for Study and
Application of Black Economic Development, 6 FCC Rcd 4622 (1991).
47 C.F.R. S 309(k)(1) (renewal based upon finding that the station has
served the public interest, there have been no serious violations of the
Act or the Commission's rules and there have been no other violations of
the Act or the rules which, taken together, constitute a pattern of
abuse).
47 C.F.R. S 73.1350(a).
47 C.F.R. S 73.1560(b) and (d).
47 C.F.R. S 73.1745(a).
47 C.F.R. S 11.35(a).
See, e.g., O'Hana Radio Partners (KAWV(FM)), Forfeiture Order, 20 FCC Rcd
4058 (2005).
47 C.F.R. S 11.35(a) and (b).
See Revision of Radio Rules and Policies, Memorandum Opinion and Order and
Further Notice of Proposed Rulemaking, 7 FCC Rcd 6387, 6399 n. 74 (1992)
(A false certification, like other false statements of fact made in FCC
applications and pleadings, may constitute misrepresentation under our
rules and policies. See 47 C.F.R. S 73.1015.).
See Amendment of Section 1.17 of the Commission's Rules Concerning
Truthful Statements to the Commission, Report and Order, 18 FCC Rcd 4016,
4021, P 12 (2003) (subsequent history omitted) ("Amendment of Section
1.17"). Section 73.1015 of the Commission's rules, 47 C.F.R. S 73.1015,
is the counterpart of section 1.17 applicable specifically to the
broadcast service, and provides that written statements relevant to a
determination of whether an application should be granted or denied or to
whether a license should be revoked are subject to the provisions of
section 1.17. Id. at 4021-22, P 13, n. 7.
See, e.g., San Francisco United School District, supra,19 FCC Rcd at
13337, P 23 (2004).
See 47 U.S.C. S 403.
47 U.S.C. S 308(b). See also 47 C.F.R. S 73.1015.
See Radio Moultrie, Inc. (WMGA(AM)), Order to Show Cause and Notice of
Opportunity for Hearing, 17 FCC Rcd 24304, 24307-08, P 12 (2002); see also
SBC Communications, Inc., Notice of Apparent Liability, 17 FCC Rcd 7589,
7595 (2002).
47 C.F.R. S 73.1015.
See 47 U.S.C. S 154(i), (j).
LOI at 7-8, Inquiries 13 and 25.
Id., Inquiries 14, 15, 17 and 25.
Id. at 8, Inquiries 19, 20, 22, 23, and 25.
Response and Supplemental Response. See P 10, supra.
See Radio Moultrie, Inc., 17 FCC Rcd at 24307-08, PP 12-14, citing
William E. Blizzard, Jr., t/a Macon County Broadcasting Co., Order and
Notice of Apparent Liability, 25 FCC 2d 926 (1970) (Commission found the
licensee's repeated failure to respond to staff inquiries dilatory and
warranting designation); Revocation of the License of Shedd-Agard
Broadcasting, Inc. (KLSU), Initial Decision of Administrative Law Judge
Forest L. McClenning, 41 FCC 2d 93 (I.D. 1973); Family Broadcasting, Inc.,
16 FCC Rcd at 4336 P 16. See also 47 U.S.C. SS 309(k)(1), 312(a).
See 47 C.F.R. S 73.1206.
See 50 Fed. Reg. 7931 (1985) (Commission specifically rejected a petition
for rule making that sought to broaden the scope of section 73.1206 to
apply to circumstances in which a third-party, rather than the licensee,
records the phone conversation, and the licensee later broadcasts portions
of the conversation without consent).
Character Policy Statement, 102 FCC 2d at 1123-25, PP 92-95.
Id. at PP 92, 94.
See, e.g., Hicks Broadcasting Of Indiana, LLC, Order to Show Cause,
Hearing Designation Order, and Notice of Opportunity for Hearing, 13 FCC
Rcd 10662, 10678 PP 52-52 (1998) (allegations concerning truthfulness and
reliability of a multiple owner, including designation of
misrepresentation and lack of candor issues, made it appropriate to
prohibit assignment and transfer of existing licenses and acquisition of
additional licenses pending outcome of the hearing).
47 U.S.C. S 312(a), (c).
47 C.F.R. S 1.91.
47 U.S.C. S 309(e), (k).
47 C.F.R. S 73.1015.
47 C.F.R. S 73.1015.
47 C.F.R. SS 73.1350(a), 73.1560(b) and (d), and 73.1745(a).
47 C.F.R. S 11.35.
47 C.F.R. S 73.1015.
47 U.S.C. S 312(d).
47 C.F.R. S 1.91(d).
47 U.S.C. S 309(e).
47 U.S.C. S 503(b)(1).
47 C.F.R. S 73.1015.
47 C.F.R. SS 73.1350(a), 73.1560(b) and (d), 73.1745(a).
47 C.F.R. S 11.35(a).
See 47 U.S.C. S 503(b)(6).
See Commission's Forfeiture Policy Statement and Amendment of Section 1.80
of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
12 FCC Rcd 17087, 17100-01, P 27, 17112 Appendix A (1997), recon. denied,
15 FCC Rcd 303 (1999); see also 47 C.F.R. S 1.80(b).
47 U.S.C. S 503(b)(3).
47 C.F.R. SS 1.91, S 1.221.
See 47 C.F.R. S 1.21(b).
See 47 C.F.R. S 1.221(c).
See 47 C.F.R. S 1.92(a).
See 47 C.F.R. S 1.92(b).
See 47 C.F.R. S 1.92(c).
47 U.S.C. S 311(a)(2).
47 C.F.R. S 73.3594.
47 C.F.R. S 73.3594(g).
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Federal Communications Commission FCC 06-124
7
Federal Communications Commission FCC 06-124
References
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