Eddie Floyd, Licensee of FM Translator Station K273AF, Carson City, NV, Facility ID No. 13529; Application of Eddie Floyd and Wilks License Company-Reno LLC for Assignment of License, File No. BALFT-20070904ACU; Application of Eddie Floyd for Modification of License, File No. BMLFT-20071218ABH, 54880-54882 [2010-22532]
Download as PDF
<![CDATA[
54880
Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices
SUPPLEMENTARY INFORMATION:
mstockstill on DSKH9S0YB1PROD with NOTICES
OMB Control Number: 3060–0984.
Title: Section 90.35(b)(2), Industrial/
Business Pool and Section 90.175(b)(1),
Frequency Coordinator Requirements.
Form No.: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other for–
profit.
Number of Respondents and
Responses: 7,341 respondents, 7,341
responses.
Estimated Time Per Response: 1 hour.
Frequency of Response: One time
reporting requirement and third party
disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this information collection
is contained in 47 U.S.C. sections 154(i),
161, 303(g), 303(r), and 332(c)(7).
Total Annual Burden: 7,341 hours.
Total Annual Cost: N/A.
Privacy Act Impact Assessment: N/A.
Nature and Extent of Confidentiality:
There is no need for confidentiality.
Needs and Uses: The Commission
will submit this expiring information
collection to the Office of Management
and Budget (OMB) after this comment
period to obtain the full three year
clearance from them. There is no change
to the one time reporting and/or third
party disclosure requirements. There is
no change in the Commission’s burden
estimates.
Sections 90.35 and 90.175 require
third party disclosures by applicants
proposing to operate a land mobile radio
station. If they have service contours
that overlap an existing land mobile
station they are required to obtain
written concurrent of the frequency
coordinator associated with the industry
for which the existing station license
was issued, or the written concurrence
of the licensee of the existing station.
This requirement will be used by
Commission personnel in evaluating the
applicant’s need for such frequencies
and to minimize the interference
potential to other stations operating on
the proposed frequencies.
Federal Communications Commission.
Marlene H. Dortch,
Secretary,
Office of the Secretary,
Office of Managing Director.
[FR Doc. 2010–22468 Filed 9–8–10; 8:45 am]
BILLING CODE 6712–01–S
VerDate Mar<15>2010
17:24 Sep 08, 2010
Jkt 220001
FEDERAL COMMUNICATIONS
COMMISSION
[MB Docket No. 10–157; FCC 10–147]
Eddie Floyd, Licensee of FM Translator
Station K273AF, Carson City, NV,
Facility ID No. 13529; Application of
Eddie Floyd and Wilks License
Company-Reno LLC for Assignment of
License, File No. BALFT–
20070904ACU; Application of Eddie
Floyd for Modification of License, File
No. BMLFT–20071218ABH
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
This document designates a
hearing to determine whether Eddie
Floyd is qualified to be and remain the
licensee of FM Translator Station
K273AF, Carson City, NV, or whether
his license should be revoked and the
pending applications for consent to
assignment and modification of the
license should be dismissed. Mr.
Floyd’s qualifications are under review
based on his felony conviction relating
to money laundering and his apparent
failure to inform the Commission about
such misconduct in the pending
applications. The document also
provides notice of apparent liability
against Mr. Floyd for failure to disclose
such information in the pending
applications.
DATES: Each party to the proceeding
(except for the Chief, Enforcement
Bureau), in person or by counsel, shall
file with the Commission, by September
13, 2010, a written appearance stating
that the party will appear on the date
fixed for hearing and present evidence
on the issues specified herein.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Gary
Schonman, gary.schonman@fcc.gov,
Enforcement Bureau, Investigations and
Hearings Division, (202) 418–1795.
SUPPLEMENTARY INFORMATION: This is a
summary of the Order to Show Cause,
Hearing Designation Order and Notice
of Apparent Liability, FCC 10–147,
adopted and released on August 5, 2010.
The full text of this document is
available for public inspection and
copying during regular business hours
in the FCC Reference Center, Federal
Communications Commission, 445 12th
Street, SW., CY–A257, Washington, DC
20554. This document will also be
available via ECFS (https://www.fcc.gov/
cgb/ecfs). (Documents will be available
electronically in ASCII, Word 97, and/
or Adobe Acrobat.) The complete text
SUMMARY:
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
may be purchased from the
Commission’s copy contractor, 445 12th
Street, SW., CY–B402, Washington, DC
20554. To request this document in
accessible formats (computer diskette,
large print, audio recording, and
Braille), send an e-mail to
fcc504@fcc.gov or call the Commission’s
Consumer and Governmental Affairs
Bureau at (202) 418–0530 (voice), (202)
418–0432 (TTY).
Synopsis of the Order
A. Background
1. Walter Edward Floyd, aka Eddie
Floyd, has been licensee of Station
K273AF since August 14, 2001. On
December 29, 2006, Floyd entered a
guilty plea in United States District
Court, District of Nevada to one count
of violating 18 U.S.C. 1956(a)(1)(B)(I),
involving money laundering, and one
count of violating 18 U.S.C. 2, aiding
and abetting a felony crime, both
felonies. According to a Memorandum
of Plea Negotiation, from approximately
April 19, 2002 to March 24, 2004, Floyd
provided real property located in Doyle,
California, to an individual by the name
of Daren Mabunda for the purpose of
cultivating marijuana. See United States
v. Walter Edward Floyd, Criminal No.
3:06–CR–21–RLH, Memorandum of Plea
Negotiation, (dated Dec. 22, 2006;
entered Dec. 29, 2006, U.S. District
Court, District of Nevada). Floyd drafted
a fictitious lease for the real property to
cover payments by Mabunda to Floyd
for the marijuana operation. Between
April 22, 2002, and August 18, 2003,
Floyd received payments from Mabunda
totaling $37,500, which Floyd deposited
in his bank accounts. In December 2003,
Floyd gave Mabunda 400,000 shares of
stock in a company he owned, ‘‘Nevada
Matters,’’ in exchange for approximately
$110,000. In February 2004, Floyd gave
Mabunda an additional 100,000 shares
in the company in exchange for $27,500.
The court found these payments
constituted money laundering by Floyd
in the total amount of $175,000. Floyd
acknowledged in the Memorandum of
Plea Negotiation that all payments he
received came from the proceeds of
Mabunda’s drug trafficking activity, and
Floyd engaged in the transactions with
Mabunda in order to conceal and
disguise the source of the funds. On
March 30, 2007, Floyd was sentenced to
48 months in federal prison, to
commence on June 1, 2007. See United
States v. Walter Edward Floyd, Criminal
No. 3:06–CR–0021–RLH–RAM,
Judgment, at 1–2 (Mar. 30, 2007). He
was released by the Federal Bureau of
Prisons on May 21, 2010, and is
currently under the jurisdiction of the
E:\FR\FM\09SEN1.SGM
09SEN1
Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices
U.S. Probation Office on three years of
supervised release.
2. On September 4, 2007, after he
began serving his prison sentence, Floyd
filed the captioned application on FCC
Form 345 seeking Commission consent
to the assignment of the license for
Station K273AF to Wilks License
Company-Reno LLC (‘‘Wilks’’). Therein,
despite his recent felony conviction,
Floyd responded in the affirmative to
the following inquiry at Item No. 8:
Adverse Findings. Licensee/permittee
certifies that, with respect to the licensee/
permittee and any party to the application,
no adverse finding has been made, nor has
an adverse final action been taken by an
court or administrative body in a civil or
criminal proceeding brought under the
provisions of any law related to the
following: any felony; mass media-related
antitrust or unfair competition; fraudulent
statements to another government unit; or
discrimination.
mstockstill on DSKH9S0YB1PROD with NOTICES
3. Subsequently, on October 25, 2007,
Floyd filed an amendment on FCC Form
345 to his assignment application
regarding the rebroadcast of another
station. Again, despite his felony
conviction, he responded in the
affirmative to Item No. 8. Thereafter, on
December 18, 2007, Floyd filed the
other captioned application on FCC
Form 350 in which he proposed to make
technical modifications to the facilities
of Station K273AF. FCC Form 350
contains an inquiry at Item No. 8 which
is substantially similar to the inquiry at
Item No. 8 of FCC Form 345. Floyd
responded yet a third time in the
affirmative, despite his felony
conviction. Floyd certified to the
Commission under penalty of perjury in
each application that the information
provided therein was true and correct.
B. Discussion
4. Section 312(a)(2) of the
Communications Act of 1934, as
amended (the ‘‘Act’’), provides that the
Commission may revoke any license if
‘‘conditions com[e] to the attention of
the Commission which would warrant it
in refusing to grant a license or permit
on the original application.’’ In addition,
pursuant to section 309(e) of the Act,
the Commission is required to designate
an application for evidentiary hearing if
a substantial and material question of
fact is presented regarding whether
grant of the application would serve the
public interest, convenience, and
necessity. The character of the applicant
is among those factors that the
Commission considers in its review of
applications to determine whether the
applicant has the requisite
qualifications to operate the station for
which authority is sought. In assessing
VerDate Mar<15>2010
17:24 Sep 08, 2010
Jkt 220001
character qualifications in broadcast
licensing matters, the Commission
considers, as relevant, evidence of any
conviction for misconduct constituting a
felony. The Commission has found that
because all felonies are serious crimes,
any conviction provides an indication of
an applicant’s or licensee’s propensity
to obey the law and to conform to
provisions of both the Act and the
agency’s rules and policies.
5. In the instant case, Floyd’s felony
conviction relating to money laundering
of proceeds from illegal drug trafficking
raises serious questions about Floyd’s
propensity to comply with the
Commission’s rules and, consequently,
his basic character qualifications to be
and remain the licensee of Station
K273AF. Floyd’s felony conviction also
raises substantial and material questions
whether the public interest would be
served by grant of the two applications.
6. The courts have recognized that the
FCC relies heavily on the honesty and
probity of its licensees in a regulatory
system that is largely self-policing.
Misrepresentation and lack of candor
raise serious 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.
7. Floyd’s apparent repeated failure to
disclose his felony conviction in three
filings with the Commission raises very
serious questions whether he
misrepresented material facts to, and/or
was lacking in candor in his dealings
with, the Commission, in willful and/or
repeated violation of § 1.17 of the
Commission’s rules. The mere existence
of an inaccuracy in any application,
without any indication that there was
intentional deception, is insufficient to
justify consideration of a
misrepresentation or lack of candor
issue in an evidentiary hearing. In this
case, however, as set forth above, Floyd
failed to disclose his felony conviction
in response to a direct question in three
separate Commission applications. In
addition, Floyd had a clear motive for
not revealing his felony conviction to
the Commission—to conceal
information that could potentially
PO 00000
Frm 00036
Fmt 4703
Sfmt 4703
54881
disqualify him as a Commission
licensee and block the proposed sale of
Floyd’s translator station to Wilks.
8. Floyd should have revealed the
existence of his felony conviction in
response to the inquiry set forth above
in each of his three filings with the
Commission. He did not do so, and,
instead, certified under penalty of
perjury that all of the statements therein
were true, complete, correct, and made
in good faith even though his filings
appear to have satisfied none of these
standards. Such apparent false
certifications raise additional concerns
about Floyd’s propensity to deal
truthfully with the Commission.
C. Ordering Clauses
9. Accordingly, It is ordered, pursuant
to sections 312(a) and (c) of the
Communications Act of 1934, as
amended, and § 1.91(a) of the
Commission’s rules, Eddie Floyd is
hereby ordered to show cause why his
license for FM Translator Station
K273AF, Carson City, NV, should not be
revoked, in a proceeding before an
administrative law judge, at a time and
place to be specified in a subsequent
order, upon the following issues:
(a) To determine whether Eddie Floyd
misrepresented material facts to, and/or
engaged in a lack of candor before, the
Commission in his responses to inquiries in
either one or both of the captioned
applications for assignment of license (as
originally filed and as amended) and for
modification of Station K273AF, in willful
and/or repeated violation of § 1.17 of the
Commission’s rules;
(b) To determine whether Eddie Floyd
made false certifications in either one or both
of the captioned applications for assignment
of license (as originally filed and as
amended) and of modification of Station
K273AF;
(c) To determine the effect of Eddie Floyd’s
felony conviction on his qualifications to be
and remain a Commission licensee;
(d) To determine, in light of the evidence
adduced pursuant to the foregoing issues,
whether Eddie Floyd is qualified to be a
Commission licensee;
(e) To determine whether the license for
FM Translator Station K273AF, Carson City,
NV, should be revoked.
10. It is further ordered, pursuant to
sections 309(e) and (k) of the Act, that
the captioned applications for
assignment of license and of
modification of Station K273AF, filed
by Eddie Floyd, are designated for a
hearing, before an administrative law
judge at a time and place to be specified
in a subsequent Order, upon the
following issue:
(a) To determine, in light of the evidence
adduced pursuant to the foregoing issues,
whether either one or both of the captioned
E:\FR\FM\09SEN1.SGM
09SEN1
54882
Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices
mstockstill on DSKH9S0YB1PROD with NOTICES
applications for assignment of license and for
modification of Station K273AF, filed by
Eddie Floyd, should be granted.
11. It is further ordered that, in
accordance with section 312(d) of the
Act, the burden of proceeding with the
introduction of evidence and the burden
of proof with respect to all issues
specified in paragraph 9, above, shall be
on the Enforcement Bureau, and, 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 the issue
specified in paragraph 10, above, shall
be on Eddie Floyd.
12. 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 should be
issued against Eddie Floyd in an
amount not to exceed $37,500 for each
of the three instances in which Eddie
Floyd apparently engaged in willful
and/or repeated violations of § 1.17 of
the Commission’s rules.
13. 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.
14. 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 §§ 1.91 and 1.221 of the
Commission’s rules, Eddie Floyd, in
person or by attorney, shall file within
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 Eddie Floyd 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
30-day time period, the two captioned
applications shall be dismissed with
prejudice for failure to prosecute and
the issue specified in paragraph 10 shall
be deemed to be moot. Furthermore, if
Eddie Floyd fails to file a timely written
notice of appearance, the right to a
hearing on all issues specified in
paragraph 9, above, shall be deemed to
be waived. In the event that a hearing
on the issues in paragraph 9 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.
15. It is further ordered, that the Chief,
Enforcement Bureau is made a party to
this proceeding without the need to file
a written appearance.
VerDate Mar<15>2010
17:24 Sep 08, 2010
Jkt 220001
16. It is further ordered, that, pursuant
to section 309(e) of the Act, Wilks
License Company-Reno LLC is deemed
a party in interest and shall be
permitted to participate in this
proceeding, provided, within 30 days of
the release of this Order, it files, in
triplicate, a written notice of appearance
stating its intent to appear at the hearing
and present evidence on matters
specified herein.
17. It is further ordered, that a copy
of each document filed in this
proceeding by or on behalf of Eddie
Floyd and/or Wilks License CompanyReno LLC shall be served on the Chief,
Investigations and Hearings Division,
Enforcement Bureau, Federal
Communications Commission, 445 12th
Street, SW., Room 4–C330, Washington,
DC 20554.
18. 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 Walter Edward
Floyd, aka Eddie Floyd, at his address
of record: 405 Apple Street, Reno, NV
89502.
19. 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 Wilks License
Company-Reno LLC, at 3775 Mansell
Road, Alpharetta, GA 30022, with a
copy to Richard Zaragoza, Esq.,
Pillsbury Winthrop Show Pittman LLP,
2300 N Street, NW., Washington, DC
20037.
20. 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.
[FR Doc. 2010–22532 Filed 9–8–10; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL HOUSING FINANCE
AGENCY
[No. 2010–N–14]
Submission of information collection
for approval From the Office of
Management and Budget
Federal Housing Finance
Agency.
ACTION: Submission of Information
Collection for Approval from the Office
of Management and Budget.
AGENCY:
The Federal Housing Finance
Agency (FHFA) has submitted the
following public information collection
requirement(s) to the Office of
Management and Budget (OMB) for
SUMMARY:
PO 00000
Frm 00037
Fmt 4703
Sfmt 4703
emergency review, and it has been
approved under the Paperwork
Reduction Act of 1995, Public Law 104–
13. To allow interested persons to
comment on this information collection,
FHFA is publishing this notice and
plans to submit a request for a threeyear extension of OMB’s approval.
Comments regarding this information
collection should be addressed to the
Office of Information and Regulatory
Affairs of OMB, Attention: Desk Officer
for the Federal Housing Finance
Agency, Washington, DC 20503, Fax:
202–395–6974, E-mail:
OIRA_Submission@omb.eop.gov. Please
also submit comments to FHFA using
any one of the following methods and
include ‘‘Comments: Survey of FHLBank
Economic Development Programs, No.
2010–N–14’’ as the subject:
• E-mail: RegComments@fhfa.gov;
• Federal eRulemaking Portal: https://
www.regulations.gov.
• U.S. Mail/Hand Delivery: Federal
Housing Finance Agency, Fourth Floor,
1700 G Street, NW., Washington, DC
20552.
We will post all public comments we
receive without change, including any
personal information you provide, such
as your name and address, on the FHFA
Web site at https://www.fhfa.gov. In
addition, copies of all comments
received will be available for
examination by the public on business
days between the hours of 10 a.m. and
3 p.m., at the Federal Housing Finance
Agency, Fourth Floor, 1700 G Street,
NW., Washington, DC 20552. To make
an appointment to inspect comments,
please call the Office of General Counsel
at 202–414–6924.
DATES: Written comments should be
received on or before November 8, 2010,
to be assured of consideration.
FOR FURTHER INFORMATION CONTACT: For
additional information about this
information collection, or to obtain a
copy with applicable supporting
documentation, contact Charles
McLean, Associate Director, Office of
Housing and Community Investments,
202–408–2537,
Charles.McLean@fhfa.gov.
Overview of the Information Collection
Title of the Collection: Survey of
Federal Home Loan Bank Economic
Development Programs.
OMB No.: 2590–0010.
Need and Use of the Information
Collection: The Office of Housing and
Community Investment (OHCI) of FHFA
is conducting research and outreach
initiatives to determine ways to enhance
the Federal Home Loan Banks’
(FHLBanks) capacity to meet the
E:\FR\FM\09SEN1.SGM
09SEN1
]]>Agencies
[Federal Register Volume 75, Number 174 (Thursday, September 9, 2010)]
[Notices]
[Pages 54880-54882]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22532]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[MB Docket No. 10-157; FCC 10-147]
Eddie Floyd, Licensee of FM Translator Station K273AF, Carson
City, NV, Facility ID No. 13529; Application of Eddie Floyd and Wilks
License Company-Reno LLC for Assignment of License, File No. BALFT-
20070904ACU; Application of Eddie Floyd for Modification of License,
File No. BMLFT-20071218ABH
AGENCY: Federal Communications Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This document designates a hearing to determine whether Eddie
Floyd is qualified to be and remain the licensee of FM Translator
Station K273AF, Carson City, NV, or whether his license should be
revoked and the pending applications for consent to assignment and
modification of the license should be dismissed. Mr. Floyd's
qualifications are under review based on his felony conviction relating
to money laundering and his apparent failure to inform the Commission
about such misconduct in the pending applications. The document also
provides notice of apparent liability against Mr. Floyd for failure to
disclose such information in the pending applications.
DATES: Each party to the proceeding (except for the Chief, Enforcement
Bureau), in person or by counsel, shall file with the Commission, by
September 13, 2010, a written appearance stating that the party will
appear on the date fixed for hearing and present evidence on the issues
specified herein.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Gary Schonman, gary.schonman@fcc.gov,
Enforcement Bureau, Investigations and Hearings Division, (202) 418-
1795.
SUPPLEMENTARY INFORMATION: This is a summary of the Order to Show
Cause, Hearing Designation Order and Notice of Apparent Liability, FCC
10-147, adopted and released on August 5, 2010. The full text of this
document is available for public inspection and copying during regular
business hours in the FCC Reference Center, Federal Communications
Commission, 445 12th Street, SW., CY-A257, Washington, DC 20554. This
document will also be available via ECFS (https://www.fcc.gov/cgb/ecfs).
(Documents will be available electronically in ASCII, Word 97, and/or
Adobe Acrobat.) The complete text may be purchased from the
Commission's copy contractor, 445 12th Street, SW., CY-B402,
Washington, DC 20554. To request this document in accessible formats
(computer diskette, large print, audio recording, and Braille), send an
e-mail to fcc504@fcc.gov or call the Commission's Consumer and
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432
(TTY).
Synopsis of the Order
A. Background
1. Walter Edward Floyd, aka Eddie Floyd, has been licensee of
Station K273AF since August 14, 2001. On December 29, 2006, Floyd
entered a guilty plea in United States District Court, District of
Nevada to one count of violating 18 U.S.C. 1956(a)(1)(B)(I), involving
money laundering, and one count of violating 18 U.S.C. 2, aiding and
abetting a felony crime, both felonies. According to a Memorandum of
Plea Negotiation, from approximately April 19, 2002 to March 24, 2004,
Floyd provided real property located in Doyle, California, to an
individual by the name of Daren Mabunda for the purpose of cultivating
marijuana. See United States v. Walter Edward Floyd, Criminal No. 3:06-
CR-21-RLH, Memorandum of Plea Negotiation, (dated Dec. 22, 2006;
entered Dec. 29, 2006, U.S. District Court, District of Nevada). Floyd
drafted a fictitious lease for the real property to cover payments by
Mabunda to Floyd for the marijuana operation. Between April 22, 2002,
and August 18, 2003, Floyd received payments from Mabunda totaling
$37,500, which Floyd deposited in his bank accounts. In December 2003,
Floyd gave Mabunda 400,000 shares of stock in a company he owned,
``Nevada Matters,'' in exchange for approximately $110,000. In February
2004, Floyd gave Mabunda an additional 100,000 shares in the company in
exchange for $27,500. The court found these payments constituted money
laundering by Floyd in the total amount of $175,000. Floyd acknowledged
in the Memorandum of Plea Negotiation that all payments he received
came from the proceeds of Mabunda's drug trafficking activity, and
Floyd engaged in the transactions with Mabunda in order to conceal and
disguise the source of the funds. On March 30, 2007, Floyd was
sentenced to 48 months in federal prison, to commence on June 1, 2007.
See United States v. Walter Edward Floyd, Criminal No. 3:06-CR-0021-
RLH-RAM, Judgment, at 1-2 (Mar. 30, 2007). He was released by the
Federal Bureau of Prisons on May 21, 2010, and is currently under the
jurisdiction of the
[[Page 54881]]
U.S. Probation Office on three years of supervised release.
2. On September 4, 2007, after he began serving his prison
sentence, Floyd filed the captioned application on FCC Form 345 seeking
Commission consent to the assignment of the license for Station K273AF
to Wilks License Company-Reno LLC (``Wilks''). Therein, despite his
recent felony conviction, Floyd responded in the affirmative to the
following inquiry at Item No. 8:
Adverse Findings. Licensee/permittee certifies that, with
respect to the licensee/permittee and any party to the application,
no adverse finding has been made, nor has an adverse final action
been taken by an court or administrative body in a civil or criminal
proceeding brought under the provisions of any law related to the
following: any felony; mass media-related antitrust or unfair
competition; fraudulent statements to another government unit; or
discrimination.
3. Subsequently, on October 25, 2007, Floyd filed an amendment on
FCC Form 345 to his assignment application regarding the rebroadcast of
another station. Again, despite his felony conviction, he responded in
the affirmative to Item No. 8. Thereafter, on December 18, 2007, Floyd
filed the other captioned application on FCC Form 350 in which he
proposed to make technical modifications to the facilities of Station
K273AF. FCC Form 350 contains an inquiry at Item No. 8 which is
substantially similar to the inquiry at Item No. 8 of FCC Form 345.
Floyd responded yet a third time in the affirmative, despite his felony
conviction. Floyd certified to the Commission under penalty of perjury
in each application that the information provided therein was true and
correct.
B. Discussion
4. Section 312(a)(2) of the Communications Act of 1934, as amended
(the ``Act''), provides that the Commission may revoke any license if
``conditions com[e] to the attention of the Commission which would
warrant it in refusing to grant a license or permit on the original
application.'' In addition, pursuant to section 309(e) of the Act, the
Commission is required to designate an application for evidentiary
hearing if a substantial and material question of fact is presented
regarding whether grant of the application would serve the public
interest, convenience, and necessity. The character of the applicant is
among those factors that the Commission considers in its review of
applications to determine whether the applicant has the requisite
qualifications to operate the station for which authority is sought. In
assessing character qualifications in broadcast licensing matters, the
Commission considers, as relevant, evidence of any conviction for
misconduct constituting a felony. The Commission has found that because
all felonies are serious crimes, any conviction provides an indication
of an applicant's or licensee's propensity to obey the law and to
conform to provisions of both the Act and the agency's rules and
policies.
5. In the instant case, Floyd's felony conviction relating to money
laundering of proceeds from illegal drug trafficking raises serious
questions about Floyd's propensity to comply with the Commission's
rules and, consequently, his basic character qualifications to be and
remain the licensee of Station K273AF. Floyd's felony conviction also
raises substantial and material questions whether the public interest
would be served by grant of the two applications.
6. The courts have recognized that the FCC relies heavily on the
honesty and probity of its licensees in a regulatory system that is
largely self-policing. Misrepresentation and lack of candor raise
serious 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.
7. Floyd's apparent repeated failure to disclose his felony
conviction in three filings with the Commission raises very serious
questions whether he misrepresented material facts to, and/or was
lacking in candor in his dealings with, the Commission, in willful and/
or repeated violation of Sec. 1.17 of the Commission's rules. The mere
existence of an inaccuracy in any application, without any indication
that there was intentional deception, is insufficient to justify
consideration of a misrepresentation or lack of candor issue in an
evidentiary hearing. In this case, however, as set forth above, Floyd
failed to disclose his felony conviction in response to a direct
question in three separate Commission applications. In addition, Floyd
had a clear motive for not revealing his felony conviction to the
Commission--to conceal information that could potentially disqualify
him as a Commission licensee and block the proposed sale of Floyd's
translator station to Wilks.
8. Floyd should have revealed the existence of his felony
conviction in response to the inquiry set forth above in each of his
three filings with the Commission. He did not do so, and, instead,
certified under penalty of perjury that all of the statements therein
were true, complete, correct, and made in good faith even though his
filings appear to have satisfied none of these standards. Such apparent
false certifications raise additional concerns about Floyd's propensity
to deal truthfully with the Commission.
C. Ordering Clauses
9. Accordingly, It is ordered, pursuant to sections 312(a) and (c)
of the Communications Act of 1934, as amended, and Sec. 1.91(a) of the
Commission's rules, Eddie Floyd is hereby ordered to show cause why his
license for FM Translator Station K273AF, Carson City, NV, should not
be revoked, in a proceeding before an administrative law judge, at a
time and place to be specified in a subsequent order, upon the
following issues:
(a) To determine whether Eddie Floyd misrepresented material
facts to, and/or engaged in a lack of candor before, the Commission
in his responses to inquiries in either one or both of the captioned
applications for assignment of license (as originally filed and as
amended) and for modification of Station K273AF, in willful and/or
repeated violation of Sec. 1.17 of the Commission's rules;
(b) To determine whether Eddie Floyd made false certifications
in either one or both of the captioned applications for assignment
of license (as originally filed and as amended) and of modification
of Station K273AF;
(c) To determine the effect of Eddie Floyd's felony conviction
on his qualifications to be and remain a Commission licensee;
(d) To determine, in light of the evidence adduced pursuant to
the foregoing issues, whether Eddie Floyd is qualified to be a
Commission licensee;
(e) To determine whether the license for FM Translator Station
K273AF, Carson City, NV, should be revoked.
10. It is further ordered, pursuant to sections 309(e) and (k) of
the Act, that the captioned applications for assignment of license and
of modification of Station K273AF, filed by Eddie Floyd, are designated
for a hearing, before an administrative law judge at a time and place
to be specified in a subsequent Order, upon the following issue:
(a) To determine, in light of the evidence adduced pursuant to
the foregoing issues, whether either one or both of the captioned
[[Page 54882]]
applications for assignment of license and for modification of
Station K273AF, filed by Eddie Floyd, should be granted.
11. It is further ordered that, in accordance with section 312(d)
of the Act, the burden of proceeding with the introduction of evidence
and the burden of proof with respect to all issues specified in
paragraph 9, above, shall be on the Enforcement Bureau, and, 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 the issue specified in paragraph 10, above, shall be on Eddie Floyd.
12. 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 should be issued
against Eddie Floyd in an amount not to exceed $37,500 for each of the
three instances in which Eddie Floyd apparently engaged in willful and/
or repeated violations of Sec. 1.17 of the Commission's rules.
13. 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.
14. 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 Sec. Sec. 1.91 and 1.221 of the
Commission's rules, Eddie Floyd, in person or by attorney, shall file
within 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 Eddie Floyd 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 30-day time period, the two captioned
applications shall be dismissed with prejudice for failure to prosecute
and the issue specified in paragraph 10 shall be deemed to be moot.
Furthermore, if Eddie Floyd fails to file a timely written notice of
appearance, the right to a hearing on all issues specified in paragraph
9, above, shall be deemed to be waived. In the event that a hearing on
the issues in paragraph 9 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.
15. It is further ordered, that the Chief, Enforcement Bureau is
made a party to this proceeding without the need to file a written
appearance.
16. It is further ordered, that, pursuant to section 309(e) of the
Act, Wilks License Company-Reno LLC is deemed a party in interest and
shall be permitted to participate in this proceeding, provided, within
30 days of the release of this Order, it files, in triplicate, a
written notice of appearance stating its intent to appear at the
hearing and present evidence on matters specified herein.
17. It is further ordered, that a copy of each document filed in
this proceeding by or on behalf of Eddie Floyd and/or Wilks License
Company-Reno LLC shall be served on the Chief, Investigations and
Hearings Division, Enforcement Bureau, Federal Communications
Commission, 445 12th Street, SW., Room 4-C330, Washington, DC 20554.
18. 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 Walter Edward Floyd, aka Eddie Floyd, at his address of record:
405 Apple Street, Reno, NV 89502.
19. 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 Wilks License Company-Reno LLC, at 3775 Mansell Road,
Alpharetta, GA 30022, with a copy to Richard Zaragoza, Esq., Pillsbury
Winthrop Show Pittman LLP, 2300 N Street, NW., Washington, DC 20037.
20. 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.
[FR Doc. 2010-22532 Filed 9-8-10; 8:45 am]
BILLING CODE 6712-01-P
