Terry Keith Hammond, Licensee, Station KBKH(FM), Shamrock, TX, 58607-58609 [E6-16217]
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Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Notices
Communications Commission, 445 12th
Street, SW., Washington, DC 20554
(202) 418–2991 or via the Internet at
nicole.ongele@fcc.gov.
SUPPLEMENTARY INFORMATION:
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OMB Control No.: 3060–0690.
OMB Approval Date: September 1,
2006.
Expiration Date: September 30, 2009.
Title: Section 101.17, Performance
Requirements for the 38.6–40.0 GHz
Frequency Band—(Note Title Change).
Form No.: N/A.
Estimated Annual Burden: 195
responses; 390 total annual burden
hours; $52,000.
Needs and Uses: The Commission is
revising this information collection
because we have eliminated FCC Forms
415/415T from this collection because
the reporting requirements have been
incorporated into FCC Form 601 (OMB
Control No. 3060–0798). We also
removed Section 101.103 from this
collection because it is approved under
a separate OMB Control Number 3060–
0718. The only remaining rule in this
collection is Section 101.17, which
requires licensees on frequencies in the
38.6–40.0 GHz band to demonstrate
substantial performance when their
license terms expire, in order to renew
their licenses.
All 38.6–40.0 GHz band licensees
must demonstrate substantial service at
the time of license renewal. A licensee’s
substantial service showing should
include, but not be limited to, the
following information for each channel
for which they hold a license, in each
EA or portion of EA covered by their
license, in order to qualify for renewal
of that license. The information
provided will be judged by the
Commission to determine whether the
licensee is providing service that rises to
the level of ‘‘substantial’’: (1) A
description of the 38.6–40.0 GHz band
licensee’s current service in terms of
geographic coverage; (2) a description of
the 38.6–40.0 GHz band licensee’s
current service in terms of population
served, as well as any additional service
provided during the license term; and
(3) a description of the 38.6–40.0 GHz
band licensee’s investments in its
system(s) (type of facilities constructed
and their operational status is required).
Any 38.6–40.0 GHz band licensees
adjudged not to be providing substantial
service will not have their licenses
renewed.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E6–16219 Filed 10–3–06; 8:45 am]
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FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information
Collection(s) Being Reviewed by the
Federal Communications Commission
for Extension Under Delegated
Authority
September 26, 2006.
SUMMARY: The Federal Communications
Commission, as part of its continuing
effort to reduce paperwork burden
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collection(s), as
required by the Paperwork Reduction
Act (PRA) of 1995, Public Law 104–13.
An agency may not conduct or sponsor
a collection of information unless it
displays a currently valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
Paperwork Reduction Act that does not
display a valid control number.
Comments are requested concerning (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s
burden estimate; (c) ways to enhance
the quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology.
DATES: Written Paperwork Reduction
Act (PRA) comments should be
submitted on or before December 4,
2006. If you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contact listed below as soon
as possible.
ADDRESSES: You may submit your
Paperwork Reduction Act (PRA)
comments by e-mail or U.S. postal mail.
To submit your comments by e-mail
send them to PRA@fcc.gov. To submit
your comments by U.S. mail, mark them
to the attention of Cathy Williams,
Federal Communications Commission,
Room 1–C823, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: For
additional information about the
information collection(s) send an e-mail
to PRA@fcc.gov or contact Cathy
Williams at (202) 418–2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0565.
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58607
Title: Section 76.944, Commission
Review of Franchising Decisions on
Rates for the Basic Service Tier and
Associated Equipment.
Form Number: Not applicable.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit entities; State, Local or Tribal
Government.
Number of Respondents: 32.
Estimated Time per Response: 20–30
hours.
Frequency of Response: On occasion
reporting requirement.
Total Annual Burden: 816 hours.
Total Annual Cost: $3,200.
Privacy Impact Assessment: No
impact(s).
Needs and Uses: 47 CFR Section
76.944(b) provides that any participant
at the franchising authority level in a
ratemaking proceeding may file an
appeal of the franchising authority’s
decision with the Commission within
30 days of release of the text of the
franchising authority’s decision as
computed under § 1.4(b) of this chapter.
Appeals shall be served on the
franchising authority or other authority
that issued the rate decision. Where the
state is the appropriate decision-making
authority, the state shall forward a copy
of the appeal to the appropriate local
officials. Oppositions may be filed
within 15 days after the appeal is filed,
and must be served on the parties
appealing the rate decision. Replies may
be filed seven (7) days after the last day
for oppositions and shall be served on
the parties to the proceeding.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E6–16220 Filed 10–3–06; 8:45 am]
BILLING CODE 6712–10–P
FEDERAL COMMUNICATIONS
COMMISSION
[EB Docket No. 06–163; FCC 06–124]
Terry Keith Hammond, Licensee,
Station KBKH(FM), Shamrock, TX
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
SUMMARY: This document commences a
hearing proceeding by directing Terry
Keith Hammond, the licensee of Station
KBKH(FM), Shamrock, Texas, to show
cause why the license of Station
KBKH(FM) should not be revoked, and
by designating the license renewal
application for Station KBKH(FM) for an
evidentiary hearing on issues relating to
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Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Notices
Terry Keith Hammond’s qualifications
to be and remain a Commission
licensee.
Petitions by persons desiring to
participate as a party in the hearing,
pursuant to 47 CFR 1.223, may be filed
not later than November 3, 2006. See
SUPPLEMENTARY INFORMATION section for
dates that named parties should file
appearances.
DATES:
Please file documents with
the Investigations and Hearings
Division, Enforcement Bureau, Federal
Communications Commission, Room 4–
C330, 445 12th Street, SW., Washington,
DC 20554.
FOR FURTHER INFORMATION CONTACT: Judy
Lancaster or Anjali K. Singh,
Investigations and Hearings Division,
Enforcement Bureau at (202) 418–1420;
Jennifer A. Lewis, Assistant Chief,
Investigations and Hearings Division,
Enforcement Bureau at (202) 418–1420.
SUPPLEMENTARY INFORMATION: This is a
summary of the Order to Show Cause,
Notice of Opportunity for Hearing and
Hearing Designation Order, FCC 06–124,
released September 15, 2006. The full
text of the Order to Show Cause, Notice
of Opportunity for Hearing and Hearing
Designation Order is available for
inspection and copying from 8 a.m. to
4:30 p.m. Monday through Thursday or
from 8 a.m. to 11:30 a.m. on Friday at
the FCC Reference Information Center,
Room CY–A257, 445 12th Street, SW.,
Washington, DC 20554. The complete
text may be purchased from the
Commission’s copy contractor, Best
Copy and Printing, Inc. (BCPI), Portals
II, 445 12th Street, SW., Room CY–B402,
Washington, DC 20554, telephone 202–
488–5300, facsimile 202–488–5563, or
you may contact BCPI at its Web site:
https://www.BCPIWEB.com. When
ordering documents for BCPI, please
provide the appropriate FCC document
number, FCC 06–124. The Order is also
available on the Internet at the
Commission’s Web site through its
Electronic Document Management
System (EDOCS): https://
hraunfoss.fcc.gov/edocs-public/
SilverStream/Pages/edocs.html.
Alternative formats are available to
persons with disabilities (Braille, large
print, electronic files, audio format),
send an e-mail to fcc504@fcc.gov or call
the Consumer and Governmental Affairs
Bureau at 202–418–0530 (voice), (202)
418–0432 (tty).
Summary of the Order: In the Order
to Show Cause, Notice of Opportunity
for Hearing and Hearing Designation
Order, the Commission commences a
hearing proceeding to determine
whether Terry Keith Hammond, the
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ADDRESSES:
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licensee of Station KBKH(FM),
Shamrock, Texas, is qualified to be and
remain a Commission licensee, whether
Hammond’s application for renewal of
the license of Station KBKH(FM) should
be granted, and whether a monetary
forfeiture should be assessed against
Hammond.
The Commission received a complaint
that alleged, among other things, that
Hammond was not operating the station
in accordance with its authorization and
that Hammond had been convicted of
felony theft. The Commission
conducted an investigation and
inspection of Station KBKH(FM) which
revealed that the station is not operating
in accordance with the terms of its
license and that Hammond has not
requested authority to do so, thereby
violating Commission rules.
Specifically, the station is operating
from a site other than the site which is
authorized in its license and at a
reduced power level. In addition, the
investigation revealed that Hammond
failed to construct the station’s
upgraded facilities, but nevertheless
filed a license application in which he
apparently made false certifications,
misrepresentations of fact and/or
demonstrated a lack of candor. The
Commission directed Terry Keith
Hammond to respond to letters of
inquiry concerning his felony
conviction and the operation of Station
KBKH(FM), but he failed to provide full
and complete responses and documents.
During the pendency of the
investigation, Terry Keith Hammond
timely filed a license renewal
application for Station KBKH(FM) in
which he failed to disclose his felony
conviction.
The Commission determined that the
fact of Terry Keith Hammond’s felony
conviction 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 of Station
KBKH(FM). Thus, pursuant to Sections
312(a) and 312(c) of the
Communications Act of 1934, as
amended, 47 U.S.C. 312(a) and (c) and
§ 1.91 of the Commission’s rules, 47
CFR 1.91, the Order to Show Cause
directs Terry Keith Hammond to show
cause why the license of Station
KBKH(FM), Shamrock, Texas, should
not be revoked, 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
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Hammond is qualified to be and to
remain a Commission licensee and
whether the license for Station
KBKH(FM), Shamrock, Texas, should be
revoked. Moreover, the Commission
determined that there are substantial
and material questions of fact as to
whether Terry Keith Hammond may
have made false certifications,
misrepresented facts to or 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 certification are the types of
serious violations of the Commission’s
rules that may be grounds for denying
a license renewal application. In
addition, Terry Keith Hammond’s
operation of Station KBKH(FM)
substantially at variance with the terms
of its authorizations and other apparent
violations of the Commission’s rules,
including his failure to respond fully to
Commission inquiries, raise a
substantial and material question of fact
as to whether his application for
renewal of the Station KBKH(FM)
license should be granted and whether
his existing license should be revoked.
Thus, pursuant to Sections 309(e) and
309(k) of the Communications Act of
1934, as amended, 47 U.S.C. 309(e), (k),
the Commission designated the
KBKH(FM) license renewal application
for an evidentiary hearing, specifying
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 § 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 § 73.1015 of the
Commission’s rules (File No. BRH–
20050401AAA);
5. To determine whether Terry Keith
Hammond willfully and/or repeatedly
violated §§ 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 § 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);
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Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Notices
7. To determine whether Terry Keith
Hammond willfully and/or repeatedly
violated § 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.
Copies of the Order to Show Cause,
Notice of Opportunity for Hearing, and
Hearing Designation Order are being
sent by certified mail, return receipt
requested, to Terry Keith Hammond. To
avail himself of the opportunity to be
heard, Terry Keith Hammond, pursuant
to § 1.91(c) and § 1.221 of the
Commission’s rules, 47 CFR 1.91(c) and
47 CFR 1.221, in person or by his
attorney, must within 30 days of the
release of this Order, file in triplicate a
written notice of appearance stating an
intention to appear on the date fixed for
the hearing and present evidence on the
issues specified in this Order. Terry
Keith Hammond pursuant to § 73.3594
of the Commission’s rules, 47 CFR
73.3594, shall give notice of the hearing
within the time and in the manner
prescribed in 47 CFR 73.3594, and shall
advise the Commission of the
publication of such notice as required
by 47 CFR 73.3594(g).
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E6–16217 Filed 10–3–06; 8:45 am]
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DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
[Docket No. 06–11]
BOARD OF GOVERNORS OF THE
FEDERAL RESERVE SYSTEM
[Docket No. OP–1246]
FEDERAL DEPOSIT INSURANCE
CORPORATION
DEPARTMENT OF THE TREASURY
Office of Thrift Supervision
[No. 2006–35]
NATIONAL CREDIT UNION
ADMINISTRATION
Interagency Guidance on
Nontraditional Mortgage Product Risks
AGENCIES: Office of the Comptroller of
the Currency, Treasury (OCC); Board of
Governors of the Federal Reserve
System (Board); Federal Deposit
Insurance Corporation (FDIC); Office of
Thrift Supervision, Treasury (OTS); and
National Credit Union Administration
(NCUA).
ACTION: Final guidance.
SUMMARY: The OCC, Board, FDIC, OTS,
and NCUA (the Agencies), are issuing
final Interagency Guidance on
Nontraditional Mortgage Product Risks
(guidance). This guidance has been
developed to clarify how institutions
can offer nontraditional mortgage
products in a safe and sound manner,
and in a way that clearly discloses the
risks that borrowers may assume.
FOR FURTHER INFORMATION CONTACT:
OCC: Gregory Nagel, Credit Risk
Specialist, Credit and Market Risk, (202)
874–5170; or Michael S. Bylsma,
Director, or Stephen Van Meter,
Assistant Director, Community and
Consumer Law Division, (202) 874–
5750.
Board: Brian Valenti, Supervisory
Financial Analyst, (202) 452–3575; or
Virginia Gibbs, Senior Supervisory
Financial Analyst, (202) 452–2521; or
Sabeth I. Siddique, Assistant Director,
(202) 452–3861, Division of Banking
Supervision and Regulation; Kathleen C.
Ryan, Counsel, Division of Consumer
and Community Affairs, (202) 452–
3667; or Andrew Miller, Counsel, Legal
Division, (202) 452–3428. For users of
Telecommunications Device for the Deaf
(‘‘TDD’’) only, contact (202) 263–4869.
FDIC: Suzy S. Gardner, Examination
Specialist, (202) 898–3640, or April
Breslaw, Chief, Compliance Section,
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58609
(202) 898–6609, Division of Supervision
and Consumer Protection; or Ruth R.
Amberg, Senior Counsel, (202) 898–
3736, or Richard Foley, Counsel, (202)
898–3784, Legal Division.
OTS: William Magrini, Senior Project
Manager, Examinations and Supervision
Policy, (202) 906–5744; or Fred PhillipsPatrick, Director, Credit Policy, (202)
906–7295; or Glenn Gimble, Senior
Project Manager, Compliance and
Consumer Protection, (202) 906–7158.
NCUA: Cory Phariss, Program Officer,
Examination and Insurance, (703) 518–
6618.
SUPPLEMENTARY INFORMATION:
I. Background
The Agencies developed this
guidance to address risks associated
with the growing use of mortgage
products that allow borrowers to defer
payment of principal and, sometimes,
interest. These products, referred to
variously as ‘‘nontraditional’’,
‘‘alternative’’, or ‘‘exotic’’ mortgage
loans (hereinafter referred to as
nontraditional mortgage loans), include
‘‘interest-only’’ mortgages and ‘‘payment
option’’ adjustable-rate mortgages.
These products allow borrowers to
exchange lower payments during an
initial period for higher payments
during a later amortization period.
While similar products have been
available for many years, the number of
institutions offering them has expanded
rapidly. At the same time, these
products are offered to a wider spectrum
of borrowers who may not otherwise
qualify for more traditional mortgages.
The Agencies are concerned that some
borrowers may not fully understand the
risks of these products. While many of
these risks exist in other adjustable-rate
mortgage products, the Agencies
concern is elevated with nontraditional
products because of the lack of principal
amortization and potential for negative
amortization. In addition, institutions
are increasingly combining these loans
with other features that may compound
risk. These features include
simultaneous second-lien mortgages and
the use of reduced documentation in
evaluating an applicant’s
creditworthiness.
In response to these concerns, the
Agencies published for comment
proposed Interagency Guidance on
Nontraditional Mortgage Products, 70
FR 77249 (Dec. 29, 2005). The Agencies
proposed guidance in three primary
areas: ‘‘Loan Terms and Underwriting
Standards’’, ‘‘Portfolio and Risk
Management Practices’’, and ‘‘Consumer
Protection Issues’’. In the first section,
the Agencies sought to ensure that loan
terms and underwriting standards for
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]]>Agencies
[Federal Register Volume 71, Number 192 (Wednesday, October 4, 2006)]
[Notices]
[Pages 58607-58609]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16217]
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FEDERAL COMMUNICATIONS COMMISSION
[EB Docket No. 06-163; FCC 06-124]
Terry Keith Hammond, Licensee, Station KBKH(FM), Shamrock, TX
AGENCY: Federal Communications Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This document commences a hearing proceeding by directing
Terry Keith Hammond, the licensee of Station KBKH(FM), Shamrock, Texas,
to show cause why the license of Station KBKH(FM) should not be
revoked, and by designating the license renewal application for Station
KBKH(FM) for an evidentiary hearing on issues relating to
[[Page 58608]]
Terry Keith Hammond's qualifications to be and remain a Commission
licensee.
DATES: Petitions by persons desiring to participate as a party in the
hearing, pursuant to 47 CFR 1.223, may be filed not later than November
3, 2006. See SUPPLEMENTARY INFORMATION section for dates that named
parties should file appearances.
ADDRESSES: Please file documents with the Investigations and Hearings
Division, Enforcement Bureau, Federal Communications Commission, Room
4-C330, 445 12th Street, SW., Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Judy Lancaster or Anjali K. Singh,
Investigations and Hearings Division, Enforcement Bureau at (202) 418-
1420; Jennifer A. Lewis, Assistant Chief, Investigations and Hearings
Division, Enforcement Bureau at (202) 418-1420.
SUPPLEMENTARY INFORMATION: This is a summary of the Order to Show
Cause, Notice of Opportunity for Hearing and Hearing Designation Order,
FCC 06-124, released September 15, 2006. The full text of the Order to
Show Cause, Notice of Opportunity for Hearing and Hearing Designation
Order is available for inspection and copying from 8 a.m. to 4:30 p.m.
Monday through Thursday or from 8 a.m. to 11:30 a.m. on Friday at the
FCC Reference Information Center, Room CY-A257, 445 12th Street, SW.,
Washington, DC 20554. The complete text may be purchased from the
Commission's copy contractor, Best Copy and Printing, Inc. (BCPI),
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554,
telephone 202-488-5300, facsimile 202-488-5563, or you may contact BCPI
at its Web site: https://www.BCPIWEB.com. When ordering documents for
BCPI, please provide the appropriate FCC document number, FCC 06-124.
The Order is also available on the Internet at the Commission's Web
site through its Electronic Document Management System (EDOCS): https://
hraunfoss.fcc.gov/edocs-public/SilverStream/Pages/edocs.html.
Alternative formats are available to persons with disabilities
(Braille, large print, electronic files, audio format), send an e-mail
to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau
at 202-418-0530 (voice), (202) 418-0432 (tty).
Summary of the Order: In the Order to Show Cause, Notice of
Opportunity for Hearing and Hearing Designation Order, the Commission
commences a hearing proceeding to determine whether Terry Keith
Hammond, the licensee of Station KBKH(FM), Shamrock, Texas, is
qualified to be and remain a Commission licensee, whether Hammond's
application for renewal of the license of Station KBKH(FM) should be
granted, and whether a monetary forfeiture should be assessed against
Hammond.
The Commission received a complaint that alleged, among other
things, that Hammond was not operating the station in accordance with
its authorization and that Hammond had been convicted of felony theft.
The Commission conducted an investigation and inspection of Station
KBKH(FM) which revealed that the station is not operating in accordance
with the terms of its license and that Hammond has not requested
authority to do so, thereby violating Commission rules. Specifically,
the station is operating from a site other than the site which is
authorized in its license and at a reduced power level. In addition,
the investigation revealed that Hammond failed to construct the
station's upgraded facilities, but nevertheless filed a license
application in which he apparently made false certifications,
misrepresentations of fact and/or demonstrated a lack of candor. The
Commission directed Terry Keith Hammond to respond to letters of
inquiry concerning his felony conviction and the operation of Station
KBKH(FM), but he failed to provide full and complete responses and
documents. During the pendency of the investigation, Terry Keith
Hammond timely filed a license renewal application for Station KBKH(FM)
in which he failed to disclose his felony conviction.
The Commission determined that the fact of Terry Keith Hammond's
felony conviction 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 of Station KBKH(FM). Thus, pursuant
to Sections 312(a) and 312(c) of the Communications Act of 1934, as
amended, 47 U.S.C. 312(a) and (c) and Sec. 1.91 of the Commission's
rules, 47 CFR 1.91, the Order to Show Cause directs Terry Keith Hammond
to show cause why the license of Station KBKH(FM), Shamrock, Texas,
should not be revoked, 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. Moreover, the Commission
determined that there are substantial and material questions of fact as
to whether Terry Keith Hammond may have made false certifications,
misrepresented facts to or 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 certification are the types of serious violations of the
Commission's rules that may be grounds for denying a license renewal
application. In addition, Terry Keith Hammond's operation of Station
KBKH(FM) substantially at variance with the terms of its authorizations
and other apparent violations of the Commission's rules, including his
failure to respond fully to Commission inquiries, raise a substantial
and material question of fact as to whether his application for renewal
of the Station KBKH(FM) license should be granted and whether his
existing license should be revoked.
Thus, pursuant to Sections 309(e) and 309(k) of the Communications
Act of 1934, as amended, 47 U.S.C. 309(e), (k), the Commission
designated the KBKH(FM) license renewal application for an evidentiary
hearing, specifying 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 Sec. 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 Sec. 73.1015 of the Commission's rules
(File No. BRH-20050401AAA);
5. To determine whether Terry Keith Hammond willfully and/or
repeatedly violated Sec. Sec. 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 Sec. 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);
[[Page 58609]]
7. To determine whether Terry Keith Hammond willfully and/or
repeatedly violated Sec. 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.
Copies of the Order to Show Cause, Notice of Opportunity for
Hearing, and Hearing Designation Order are being sent by certified
mail, return receipt requested, to Terry Keith Hammond. To avail
himself of the opportunity to be heard, Terry Keith Hammond, pursuant
to Sec. 1.91(c) and Sec. 1.221 of the Commission's rules, 47 CFR
1.91(c) and 47 CFR 1.221, in person or by his attorney, must within 30
days of the release of this Order, file in triplicate a written notice
of appearance stating an intention to appear on the date fixed for the
hearing and present evidence on the issues specified in this Order.
Terry Keith Hammond pursuant to Sec. 73.3594 of the Commission's
rules, 47 CFR 73.3594, shall give notice of the hearing within the time
and in the manner prescribed in 47 CFR 73.3594, and shall advise the
Commission of the publication of such notice as required by 47 CFR
73.3594(g).
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E6-16217 Filed 10-3-06; 8:45 am]
BILLING CODE 6712-01-P
