Entertainment Media Trust, Dennis J. Watkins, Trustee; Hearing, 27634-27636 [2019-12479]
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Federal Register / Vol. 84, No. 114 / Thursday, June 13, 2019 / Notices
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D. Absence of financial conflicts of
interest.
E. No actual conflicts of interest or the
appearance of lack of impartiality.
F. Background and experiences that
would contribute to the diversity of
viewpoints on the panel, e.g., workforce
sector; geographical location; social,
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G. Willingness to commit adequate
time for the thorough review of the draft
external peer review document in July–
August 2019 (exact date to be
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H. Availability to participate inperson in a 1-day peer review meeting
in Research Triangle Park, NC in August
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review meeting).
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economic-and-cost-analysis-airpollution-regulations/PM_Uncertainty.
V. Peer-Review Panel Selection Process
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epa-process-for-contractor_0.pdf) and
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nominee indicating current position;
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and other comments on the relevance of
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The EPA contractor may also conduct
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assemble a balanced group representing
the expertise needed to fully evaluate
EPA’s draft report and supplemental
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consider and screen all candidates
against the criteria listed in Unit III and
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the Agency’s Conflict of Interest (COI)
and appearance of bias guidance with
the Agency’s Peer Review Handbook,
available online at: https://
www.epa.gov/osa/peer-reviewhandbook-4th-edition-2015. Following
the screening process, the EPA
contractor will narrow the list of
potential reviewers. Prior to selecting
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interim list of 7–10 candidates. The
public will be requested to provide
relevant information or documentation
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candidates within 21 days following the
announcement of the interim
candidates. Once the public comments
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Compensation of non-Federal peer
reviewers will be provided by the EPA
contractor.
Dated: June 7, 2019.
Panagiotis Tsirigotis,
Director, Office of Air Quality Planning and
Standards.
[FR Doc. 2019–12487 Filed 6–12–19; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
[MB Docket No. 19–156; DA 19–506]
Entertainment Media Trust, Dennis J.
Watkins, Trustee; Hearing
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
This document commences a
hearing to determine whether
Entertainment Media Trust, Dennis J.
Watkins, Trustee (EMT or the Trust) has
committed violations of the
Communications Act of 1934, as
amended and/or the rules and
regulations of the Federal
Communications Commission. The
hearing will determine whether the
applications for license renewal should
be denied and licenses should be
cancelled for four AM radio stations:
KFTK–AM (formerly WQQX–AM),
Facility ID No. 72815, East St. Louis,
Illinois, File No. BR–20120709ACP;
WQQW–AM, Facility ID No. 90598,
SUMMARY:
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Highland, Illinois, File No. BR–
20120709AC0; KZQZ–AM, Facility ID
No. 72391, St. Louis, Missouri, File No.
BR–20120921AAW; and KQQZ–AM
Facility ID No. 5281, DeSoto, Missouri,
File No. BR–20120921ABA. The hearing
will also determine whether the
stations’ respective assignment of
license applications, File Nos. BAL–
20160919ADH, BAL–20160919ADI,
BAL–20160919ADJ, and BAL–
20160919ADK should be dismissed, and
applications to construct a new FM
translator station W275CS, Highland,
Illinois, Facility ID No. 200438, File
Nos. BNPFT–20170726AEF and
BNPFT–20180314AAO to retransmit
one of the stations should be dismissed.
DATES: Each party to the proceeding
(except for the Chief, Enforcement
Bureau), in person or by counsel, shall
file with the Commission, by June 25,
2019, 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:
Irene Bleiweiss, 202–418–2700.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Hearing
Designation Order and Notice of
Opportunity for Hearing (Order), MB
Docket No. 19–156, adopted June 5,
2019, and released June 5, 2019. The
full text of this Commission decision is
available for inspection and copying
during normal business hours in the
FCC’s Reference Information Center at
Portals II, CY–A257, 445 12th Street,
SW, Washington, DC 20554. The full
text is also available online at https://
apps.fcc.gov/ecfs/. This document is
available in alternative formats
(computer diskette, large print, audio
record, and Braille). Persons with
disabilities who need documents in
these formats may contact the FCC by
email: FCC504@fcc.gov or phone: 202–
418–0530 or TTY: 202–418–0432.
Synopsis
1. In the Order, the Commission
commences a hearing proceeding before
the Administrative Law Judge to
determine whether Entertainment
Media Trust, Dennis J. Watkins, Trustee
(EMT or the Trust) has committed
violations of the Communications Act of
1934, as amended (Act) and/or the rules
and regulations (Rules) of the Federal
Communications Commission
(Commission) and, as a consequence,
whether EMT’s captioned applications
for license renewal should be denied,
those station licenses accordingly
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Federal Register / Vol. 84, No. 114 / Thursday, June 13, 2019 / Notices
cancelled, and applications to construct
a new FM translator station to
retransmit one of the stations should be
dismissed.
2. Between 2006 and 2010, EMT
purchased four AM radio stations:
KFTK(AM) (formerly WQQX(AM)),
WQQW(AM), KZQZ(AM), and
KQQZ(AM) (collectively, Stations) in
the St. Louis market. EMT filed renewal
applications for each of these Stations in
2012. On November 1, 2012, Mark A.
Kern (Kern), a local resident and listener
of the Stations, filed a petition to deny
EMT’s renewal applications, in which
he asserted that EMT ‘‘is a straw party
for Robert Romanik, a convicted felon,
who exercises de facto control of the
Stations.’’ A Commission investigation
confirmed that Robert S. Romanik
(Romanik), who has been convicted of
felony offenses (obstruction of justice
and bank fraud), established EMT and
provided all of EMT’s funds for the
acquisition of the Stations, but was not
listed as a party in any of EMT’s
Commission applications. The
investigation found additional evidence
supporting Kern’s claim that Romanik
exercises de facto control over the
Stations, including evidence that
Romanik identified himself as a radio
station owner on various forms
disclosing his political contributions,
purported to assign EMT’s beneficial
interest in the Stations to his longtime
girlfriend, Katrina M. Sanders, and
participated in negotiations involving a
Local Programming and Marketing
Agreement with Emmis Radio, LLC for
KFTK in 2016. In addition, the
investigation showed that the document
that EMT now identifies as its trust
instrument was executed on December
19, 2012 (after Kern’s 2012 Petition to
Deny and well after EMT acquired the
Stations) and does not contain
provisions insulating Romanik from
attribution of EMT’s interests in the
Stations under the Commission’s
ownership attribution policies.
3. The Commission’s investigation
was impeded by EMT’s failure or
inability to provide responsive
information. The Commission’s hearing
process provides a more complete set of
discovery tools to develop a fuller
factual record.
4. Based on the totality of the
evidence before the Commission, we
find there are substantial and material
questions of fact as to whether:
(a) There has been an undisclosed de
facto transfer of control of the Stations
to Romanik and thus whether he is a
real party-in-interest to the pending
applications;
(b) EMT engaged in misrepresentation
and/or lack of candor in its applications
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and other communications with the
Commission; and
(c) the Trust shields Romanik or the
Trust’s beneficiaries from holding
attributable interests in the Stations
under the Commission’s ownership
attribution policies.
5. Accordingly, it is ordered, pursuant
to sections 309(d), 309(e), and 309(k) of
the Act, 47 U.S.C. 309(d), 47 U.S.C.
309(e), and 47 U.S.C. 309(k), that the
captioned Renewal Applications,
Assignment Applications, and
Translator Applications are designated
for hearing in a consolidated proceeding
before an FCC Administrative Law
Judge, at a time and place to be
specified in a subsequent Order, upon
the following issues:
(a) To determine whether
Entertainment Media Trust, Dennis J.
Watkins, Trustee is (and/or has been,
during the most recent license term)
exercising affirmative control of Stations
KFTK(AM) (formerly WQQX(AM)),
WQQW(AM), KZQZ(AM), and
KQQZ(AM).
(b) To determine whether there has
been a de facto transfer of control of
Stations KFTK(AM) (formerly
WQQX(AM)), WQQW(AM), KZQZ(AM),
and KQQZ(AM) to Robert S. Romanik in
violation of section 310(d) of the Act,
either occurring in the most recent
license term or continuing during that
license term.
(c) To determine whether Robert S.
Romanik is (and/or has been, during the
most recent license term) a real-party-ininterest to the captioned applications for
Stations KFTK(AM) (formerly
WQQX(AM)), WQQW(AM), KZQZ(AM),
KQQZ(AM), and W275CS, both before
and after Stephen Romanik’s death.
(d) To determine whether
Entertainment Media Trust, Dennis J.
Watkins, Trustee or Dennis J. Watkins
engaged in misrepresentation and/or
lack of candor in applications and
communications with the Commission
or otherwise violated 47 CFR 1.17
during the most recent license term with
respect to matters involving Stations
KFTK(AM) (formerly WQQX(AM)),
WQQW(AM), KZQZ(AM), KQQZ(AM),
and W275CS.
(e) To determine whether
Entertainment Media Trust, Dennis J.
Watkins, Trustee, shields the grantor or
the beneficiary from the ownership
attribution requirements under section
73.3555 of the Commission’s rules.
(f) To determine, in light of the
evidence adduced pursuant to the
foregoing issues, whether the captioned
license renewal applications should be
granted.
(g) To determine, in light of the
foregoing issues, whether the captioned
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application for consent to assignment of
the licenses of Stations KFTK(AM)
(formerly WQQX(AM)), WQQW(AM),
KZQZ(AM), and KQQZ(AM) should be
granted, denied or dismissed.
(h) To determine, in light of the
foregoing issues, whether the captioned
applications for a permit to construct
FM translator Station W275CS should
be granted, denied or dismissed.
6. It is further ordered that, pursuant
to sections 309(d), 309(e) and 309(k) of
the Act and section 1.221(c) of the
Commission’s rules, 47 U.S.C. 309(d),
47 U.S.C. 309(e), U.S.C. 309(k), and 47
CFR 1.221(c), to avail itself of the
opportunity to be heard and to present
evidence at a hearing in this proceeding,
Entertainment Media Trust, Dennis J.
Watkins, Trustee, in person or by an
attorney, shall file with the
Commission, within 20 calendar days of
the release of the Order, a written
appearance stating that it will appear at
the hearing and present evidence on the
issues specified above.
7. It is further ordered that, pursuant
to section 1.221(c) of the Commission’s
rules, 47 CFR 1.221(c), if Entertainment
Media Trust, Dennis J. Watkins, Trustee
fails to file, within 20 calendar days of
the release of the Order, a written
appearance, a petition to dismiss
without prejudice, or a petition to
accept for good cause shown an
untimely written appearance, the
captioned applications shall be
dismissed with prejudice for failure to
prosecute.
8. It is further ordered that the Chief,
Enforcement Bureau, shall be made a
party to this proceeding without the
need to file a written appearance.
9. It is further ordered that Mark A.
Kern shall be made a party to this
proceeding in his capacity as a
petitioner to one or more of the
captioned applications.
10. It is further ordered that, pursuant
to section 309(e) of the Act, 47 U.S.C.
309(e), and section 1.254 of the
Commission’s rules, 47 CFR 1.254, the
burden of proceeding with the
introduction of evidence and the burden
of proof shall be upon Entertainment
Media Trust, Dennis J. Watkins, Trustee
as to all the issues at Paragraph 5 above.
11. It is further ordered that a copy of
each document filed in this proceeding
subsequent to the date of adoption of
this document shall be served on the
counsel of record appearing on behalf of
the Chief, Enforcement Bureau. Parties
may inquire as to the identity of such
counsel by calling the Investigations &
Hearings Division of the Enforcement
Bureau at (202) 418–1420. Such service
copy shall be addressed to the named
counsel of record, Investigations &
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Federal Register / Vol. 84, No. 114 / Thursday, June 13, 2019 / Notices
Hearings Division, Enforcement Bureau,
Federal Communications Commission,
445 12th Street SW, Washington, DC
20554.
12. It is further ordered that
Entertainment Media Trust, Dennis J.
Watkins, Trustee, pursuant to section
311(a)(2) of the Act, 47 U.S.C. 311(a)(2),
and section 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 such Rules, and shall advise the
Commission of the publication of such
notice as required by section 73.3594(g)
of the Commission’s rules, 47 CFR
73.3594(g).
13. It is further ordered that copies of
the Hearing Designation Order and
Notice of Opportunity for Hearing shall
be sent via Certified Mail, Return
Receipt Requested, and by regular first
class mail to the following:
Entertainment Media Trust, Dennis J.
Watkins, Trustee, 6500 West Main
Street, Suite 315, Belleville, IL 62223;
Anthony Lepore, Esq., P.O. Box 823662,
South Florida, FL 33082–3662; Davina
S. Sashkin, Esq., Fletcher, Heald &
Hildreth, 1300 North 17th Street, 11th
Floor, Arlington, VA 22209; Mark A.
Kern, 111 South High Street, Belleville,
IL 62220; Richard A. Helmick, Esq., and
Howard M. Liberman, Esq., 1800 M
Street NW, Suite 800N, Washington, DC
20036.
14. It is further ordered that a copy of
this document, or a summary thereof,
shall be published in the Federal
Register.
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
[FR Doc. 2019–12479 Filed 6–12–19; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
[Document Identifier: CMS–10434]
Agency Information Collection
Activities: Proposed Collection;
Comment Request
Centers for Medicare &
Medicaid Services, HHS.
ACTION: Notice.
khammond on DSKBBV9HB2PROD with NOTICES
AGENCY:
The Centers for Medicare &
Medicaid Services (CMS) is announcing
an opportunity for the public to
comment on CMS’ intention to collect
information from the public. Under the
Paperwork Reduction Act of 1995 (the
SUMMARY:
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PRA), federal agencies are required to
publish notice in the Federal Register
concerning each proposed collection of
information (including each proposed
extension or reinstatement of an existing
collection of information) and to allow
60 days for public comment on the
proposed action. Interested persons are
invited to send comments regarding our
burden estimates or any other aspect of
this collection of information, including
the necessity and utility of the proposed
information collection for the proper
performance of the agency’s functions,
the accuracy of the estimated burden,
ways to enhance the quality, utility, and
clarity of the information to be
collected, and the use of automated
collection techniques or other forms of
information technology to minimize the
information collection burden.
Comments must be received by
August 12, 2019.
DATES:
When commenting, please
reference the document identifier or
OMB control number. To be assured
consideration, comments and
recommendations must be submitted in
any one of the following ways:
ADDRESSES:
1. Electronically. You may send your
comments electronically to https://
www.regulations.gov. Follow the
instructions for ‘‘Comment or
Submission’’ or ‘‘More Search Options’’
to find the information collection
document(s) that are accepting
comments.
2. By regular mail. You may mail
written comments to the following
address: CMS, Office of Strategic
Operations and Regulatory Affairs,
Division of Regulations Development,
Attention: Document Identifier/OMB
Control Number ll , Room C4–26–05,
7500 Security Boulevard, Baltimore,
Maryland 21244–1850.
To obtain copies of a supporting
statement and any related forms for the
proposed collection(s) summarized in
this notice, you may make your request
using one of following:
1. Access CMS’ website address at
website address at https://www.cms.gov/
Regulations-and-Guidance/Legislation/
PaperworkReductionActof1995/PRAListing.html.
2. Email your request, including your
address, phone number, OMB number,
and CMS document identifier, to
Paperwork@cms.hhs.gov.
3. Call the Reports Clearance Office at
(410) 786–1326.
FOR FURTHER INFORMATION CONTACT:
William N. Parham at (410) 786–4669.
SUPPLEMENTARY INFORMATION:
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Contents
This notice sets out a summary of the
use and burden associated with the
following information collections. More
detailed information can be found in
each collection’s supporting statement
and associated materials (see
ADDRESSES).
CMS 10434 Medicaid and CHIP
Program (MACPro)
Under the PRA (44 U.S.C. 3501–
3520), federal agencies must obtain
approval from the Office of Management
and Budget (OMB) for each collection of
information they conduct or sponsor.
The term ‘‘collection of information’’ is
defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes agency requests
or requirements that members of the
public submit reports, keep records, or
provide information to a third party.
Section 3506(c)(2)(A) of the PRA
requires federal agencies to publish a
60-day notice in the Federal Register
concerning each proposed collection of
information, including each proposed
extension or reinstatement of an existing
collection of information, before
submitting the collection to OMB for
approval. To comply with this
requirement, CMS is publishing this
notice.
Information Collection
1. Type of Information Collection
Request: Extension of a currently
approved collection; Title of
Information Collection: Medicaid and
CHIP Program (MACPro); Use: The
MACPro system is being transitioned to
become the system of record that will be
used by both state and CMS officials to:
Improve the state application and
federal review processes, improve
federal program management of
Medicaid programs and CHIP, and
standardize Medicaid program data.
Specifically, it will be used by state
agencies to: Submit and amend
Medicaid state plans, CHIP state plans
and ADPs (Information System
Advanced Planning Documents); submit
applications and amendments for state
waivers, demonstrations, and
benchmark and grant programs; and
submit reporting data. Among the
collections submitted for approval
under MACPro will be relevant
collections that are currently approved
under our generic umbrella information
collection request (CMS–10398; OMB
control number 0938–1148), certain
collections approved as a regular standalone information collections, and
upcoming collections. A list of those
collections is included in our PRA
package. Form Number: CMS–10434
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]]>Agencies
[Federal Register Volume 84, Number 114 (Thursday, June 13, 2019)]
[Notices]
[Pages 27634-27636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12479]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[MB Docket No. 19-156; DA 19-506]
Entertainment Media Trust, Dennis J. Watkins, Trustee; Hearing
AGENCY: Federal Communications Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This document commences a hearing to determine whether
Entertainment Media Trust, Dennis J. Watkins, Trustee (EMT or the
Trust) has committed violations of the Communications Act of 1934, as
amended and/or the rules and regulations of the Federal Communications
Commission. The hearing will determine whether the applications for
license renewal should be denied and licenses should be cancelled for
four AM radio stations: KFTK-AM (formerly WQQX-AM), Facility ID No.
72815, East St. Louis, Illinois, File No. BR-20120709ACP; WQQW-AM,
Facility ID No. 90598, Highland, Illinois, File No. BR-20120709AC0;
KZQZ-AM, Facility ID No. 72391, St. Louis, Missouri, File No. BR-
20120921AAW; and KQQZ-AM Facility ID No. 5281, DeSoto, Missouri, File
No. BR-20120921ABA. The hearing will also determine whether the
stations' respective assignment of license applications, File Nos. BAL-
20160919ADH, BAL-20160919ADI, BAL-20160919ADJ, and BAL-20160919ADK
should be dismissed, and applications to construct a new FM translator
station W275CS, Highland, Illinois, Facility ID No. 200438, File Nos.
BNPFT-20170726AEF and BNPFT-20180314AAO to retransmit one of the
stations should be dismissed.
DATES: Each party to the proceeding (except for the Chief, Enforcement
Bureau), in person or by counsel, shall file with the Commission, by
June 25, 2019, 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: Irene Bleiweiss, 202-418-2700.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Hearing Designation Order and Notice of Opportunity for Hearing
(Order), MB Docket No. 19-156, adopted June 5, 2019, and released June
5, 2019. The full text of this Commission decision is available for
inspection and copying during normal business hours in the FCC's
Reference Information Center at Portals II, CY-A257, 445 12th Street,
SW, Washington, DC 20554. The full text is also available online at
https://apps.fcc.gov/ecfs/. This document is available in alternative
formats (computer diskette, large print, audio record, and Braille).
Persons with disabilities who need documents in these formats may
contact the FCC by email: [email protected] or phone: 202-418-0530 or TTY:
202-418-0432.
Synopsis
1. In the Order, the Commission commences a hearing proceeding
before the Administrative Law Judge to determine whether Entertainment
Media Trust, Dennis J. Watkins, Trustee (EMT or the Trust) has
committed violations of the Communications Act of 1934, as amended
(Act) and/or the rules and regulations (Rules) of the Federal
Communications Commission (Commission) and, as a consequence, whether
EMT's captioned applications for license renewal should be denied,
those station licenses accordingly
[[Page 27635]]
cancelled, and applications to construct a new FM translator station to
retransmit one of the stations should be dismissed.
2. Between 2006 and 2010, EMT purchased four AM radio stations:
KFTK(AM) (formerly WQQX(AM)), WQQW(AM), KZQZ(AM), and KQQZ(AM)
(collectively, Stations) in the St. Louis market. EMT filed renewal
applications for each of these Stations in 2012. On November 1, 2012,
Mark A. Kern (Kern), a local resident and listener of the Stations,
filed a petition to deny EMT's renewal applications, in which he
asserted that EMT ``is a straw party for Robert Romanik, a convicted
felon, who exercises de facto control of the Stations.'' A Commission
investigation confirmed that Robert S. Romanik (Romanik), who has been
convicted of felony offenses (obstruction of justice and bank fraud),
established EMT and provided all of EMT's funds for the acquisition of
the Stations, but was not listed as a party in any of EMT's Commission
applications. The investigation found additional evidence supporting
Kern's claim that Romanik exercises de facto control over the Stations,
including evidence that Romanik identified himself as a radio station
owner on various forms disclosing his political contributions,
purported to assign EMT's beneficial interest in the Stations to his
longtime girlfriend, Katrina M. Sanders, and participated in
negotiations involving a Local Programming and Marketing Agreement with
Emmis Radio, LLC for KFTK in 2016. In addition, the investigation
showed that the document that EMT now identifies as its trust
instrument was executed on December 19, 2012 (after Kern's 2012
Petition to Deny and well after EMT acquired the Stations) and does not
contain provisions insulating Romanik from attribution of EMT's
interests in the Stations under the Commission's ownership attribution
policies.
3. The Commission's investigation was impeded by EMT's failure or
inability to provide responsive information. The Commission's hearing
process provides a more complete set of discovery tools to develop a
fuller factual record.
4. Based on the totality of the evidence before the Commission, we
find there are substantial and material questions of fact as to
whether:
(a) There has been an undisclosed de facto transfer of control of
the Stations to Romanik and thus whether he is a real party-in-interest
to the pending applications;
(b) EMT engaged in misrepresentation and/or lack of candor in its
applications and other communications with the Commission; and
(c) the Trust shields Romanik or the Trust's beneficiaries from
holding attributable interests in the Stations under the Commission's
ownership attribution policies.
5. Accordingly, it is ordered, pursuant to sections 309(d), 309(e),
and 309(k) of the Act, 47 U.S.C. 309(d), 47 U.S.C. 309(e), and 47
U.S.C. 309(k), that the captioned Renewal Applications, Assignment
Applications, and Translator Applications are designated for hearing in
a consolidated proceeding before an FCC Administrative Law Judge, at a
time and place to be specified in a subsequent Order, upon the
following issues:
(a) To determine whether Entertainment Media Trust, Dennis J.
Watkins, Trustee is (and/or has been, during the most recent license
term) exercising affirmative control of Stations KFTK(AM) (formerly
WQQX(AM)), WQQW(AM), KZQZ(AM), and KQQZ(AM).
(b) To determine whether there has been a de facto transfer of
control of Stations KFTK(AM) (formerly WQQX(AM)), WQQW(AM), KZQZ(AM),
and KQQZ(AM) to Robert S. Romanik in violation of section 310(d) of the
Act, either occurring in the most recent license term or continuing
during that license term.
(c) To determine whether Robert S. Romanik is (and/or has been,
during the most recent license term) a real-party-in-interest to the
captioned applications for Stations KFTK(AM) (formerly WQQX(AM)),
WQQW(AM), KZQZ(AM), KQQZ(AM), and W275CS, both before and after Stephen
Romanik's death.
(d) To determine whether Entertainment Media Trust, Dennis J.
Watkins, Trustee or Dennis J. Watkins engaged in misrepresentation and/
or lack of candor in applications and communications with the
Commission or otherwise violated 47 CFR 1.17 during the most recent
license term with respect to matters involving Stations KFTK(AM)
(formerly WQQX(AM)), WQQW(AM), KZQZ(AM), KQQZ(AM), and W275CS.
(e) To determine whether Entertainment Media Trust, Dennis J.
Watkins, Trustee, shields the grantor or the beneficiary from the
ownership attribution requirements under section 73.3555 of the
Commission's rules.
(f) To determine, in light of the evidence adduced pursuant to the
foregoing issues, whether the captioned license renewal applications
should be granted.
(g) To determine, in light of the foregoing issues, whether the
captioned application for consent to assignment of the licenses of
Stations KFTK(AM) (formerly WQQX(AM)), WQQW(AM), KZQZ(AM), and KQQZ(AM)
should be granted, denied or dismissed.
(h) To determine, in light of the foregoing issues, whether the
captioned applications for a permit to construct FM translator Station
W275CS should be granted, denied or dismissed.
6. It is further ordered that, pursuant to sections 309(d), 309(e)
and 309(k) of the Act and section 1.221(c) of the Commission's rules,
47 U.S.C. 309(d), 47 U.S.C. 309(e), U.S.C. 309(k), and 47 CFR 1.221(c),
to avail itself of the opportunity to be heard and to present evidence
at a hearing in this proceeding, Entertainment Media Trust, Dennis J.
Watkins, Trustee, in person or by an attorney, shall file with the
Commission, within 20 calendar days of the release of the Order, a
written appearance stating that it will appear at the hearing and
present evidence on the issues specified above.
7. It is further ordered that, pursuant to section 1.221(c) of the
Commission's rules, 47 CFR 1.221(c), if Entertainment Media Trust,
Dennis J. Watkins, Trustee fails to file, within 20 calendar days of
the release of the Order, a written appearance, a petition to dismiss
without prejudice, or a petition to accept for good cause shown an
untimely written appearance, the captioned applications shall be
dismissed with prejudice for failure to prosecute.
8. It is further ordered that the Chief, Enforcement Bureau, shall
be made a party to this proceeding without the need to file a written
appearance.
9. It is further ordered that Mark A. Kern shall be made a party to
this proceeding in his capacity as a petitioner to one or more of the
captioned applications.
10. It is further ordered that, pursuant to section 309(e) of the
Act, 47 U.S.C. 309(e), and section 1.254 of the Commission's rules, 47
CFR 1.254, the burden of proceeding with the introduction of evidence
and the burden of proof shall be upon Entertainment Media Trust, Dennis
J. Watkins, Trustee as to all the issues at Paragraph 5 above.
11. It is further ordered that a copy of each document filed in
this proceeding subsequent to the date of adoption of this document
shall be served on the counsel of record appearing on behalf of the
Chief, Enforcement Bureau. Parties may inquire as to the identity of
such counsel by calling the Investigations & Hearings Division of the
Enforcement Bureau at (202) 418-1420. Such service copy shall be
addressed to the named counsel of record, Investigations &
[[Page 27636]]
Hearings Division, Enforcement Bureau, Federal Communications
Commission, 445 12th Street SW, Washington, DC 20554.
12. It is further ordered that Entertainment Media Trust, Dennis J.
Watkins, Trustee, pursuant to section 311(a)(2) of the Act, 47 U.S.C.
311(a)(2), and section 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 such Rules, and shall advise the Commission of the
publication of such notice as required by section 73.3594(g) of the
Commission's rules, 47 CFR 73.3594(g).
13. It is further ordered that copies of the Hearing Designation
Order and Notice of Opportunity for Hearing shall be sent via Certified
Mail, Return Receipt Requested, and by regular first class mail to the
following: Entertainment Media Trust, Dennis J. Watkins, Trustee, 6500
West Main Street, Suite 315, Belleville, IL 62223; Anthony Lepore,
Esq., P.O. Box 823662, South Florida, FL 33082-3662; Davina S. Sashkin,
Esq., Fletcher, Heald & Hildreth, 1300 North 17th Street, 11th Floor,
Arlington, VA 22209; Mark A. Kern, 111 South High Street, Belleville,
IL 62220; Richard A. Helmick, Esq., and Howard M. Liberman, Esq., 1800
M Street NW, Suite 800N, Washington, DC 20036.
14. It is further ordered that a copy of this document, or a
summary thereof, shall be published in the Federal Register.
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
[FR Doc. 2019-12479 Filed 6-12-19; 8:45 am]
BILLING CODE 6712-01-P
