Snake River Radio, LLC, Radio Station KPCQ(AM), Chubbuck, ID, 9049-9052 [2022-03453]
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Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Notices
the docket, along with more information
about dockets generally, is available at
https://www.epa.gov/dockets/aboutepa-dockets.
Due to the public health concerns
related to COVID–19, the EPA Docket
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open to visitors by appointment only.
For the latest status information on
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FOR FURTHER INFORMATION CONTACT:
Charles Smith, Biopesticides and
Pollution Prevention Division (BPPD)
(7511P), main telephone number: (703)
305–7090, email address:
BPPDFRNotices@epa.gov; The mailing
address for each contact person is:
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001. As part of the mailing
address, include the contact person’s
name, division, and mail code. The
division to contact is listed at the end
of each pesticide petition summary.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
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B. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
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the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
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includes information claimed as CBI, a
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must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
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accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments.
When preparing and submitting your
comments, see the commenting tips at
https://www.epa.gov/dockets/
commenting-epa-dockets.
II. Registration Applications
EPA has received applications to
register pesticide products containing
active ingredients not included in any
currently registered pesticide products.
Pursuant to the provisions of FIFRA
section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA
is hereby providing notice of receipt and
opportunity to comment on these
applications. Notice of receipt of these
applications does not imply a decision
by the Agency on these applications.
For actions being evaluated under EPA’s
public participation process for
registration actions, there will be an
additional opportunity for public
comment on the proposed decisions.
Please see EPA’s public participation
website for additional information on
this process (https://www2.epa.gov/
pesticide-registration/publicparticipation-process-registrationactions).
Notice of Receipt—New Active
Ingredients:
File Symbols: 92988–R, 92988–E,
92988–G, and 92988–U. Docket ID
number: EPA–HQ–OPP–2022–0147.
Applicant: Attune Agriculture LLC, 751
Park of Commerce Drive, #106, Boca
Raton, FL 33487. Product names:
Rhexalloid, IS–39, IS–29, and IS–27.
Active ingredient: Biochemical
insecticide—Xanthan Gum at 100% for
manufacturing-use product Rhexalloid
and at 0.15% for end-use products IS–
39, IS–29, and IS–27. Proposed use:
Biochemical insecticide for use on
crops. Contact: BPPD.
Authority: 7 U.S.C. 136 et seq.
Dated: February 14, 2022.
Delores Barber,
Director, Information Technology and
Resources Management Division, Office of
Program Support.
[FR Doc. 2022–03458 Filed 2–16–22; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
[MB Docket No. 22–53; FCC DA 22–115;
FR ID 71980]
Snake River Radio, LLC, Radio Station
KPCQ(AM), Chubbuck, ID
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
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This document commences a
hearing to determine (a) whether the
license renewal application for AM
radio station KPCQ, Chubbuck, ID
should be granted or denied due to the
station’s history of silence or low power
operations in the period when Snake
River Radio, LLC (SRR) was the station’s
licensee, and (b) whether the station’s
license automatically expired due to
failure to operate with authorized
facilities for a period of twelve
consecutive months.
DATES: Persons desiring to participate as
parties in the hearing shall file a
petition for leave to intervene not later
than March 21, 2022.
ADDRESSES: File documents with the
Office of the Secretary, Federal
Communications Commission, 45 L
Street NE, Washington, DC 20554, with
a copy mailed to each party to the
proceeding. Each document that is filed
in this proceeding must display on the
front page the docket number of this
hearing, ‘‘MB Docket No. 22–53.’’
FOR FURTHER INFORMATION CONTACT:
Albert Shuldiner, Media Bureau, (202)
418–2721.
SUPPLEMENTARY INFORMATION: This is a
summary of the Hearing Designation
Order and Notice of Opportunity for
Hearing (Order), MB Docket No. 22–53,
FCC DA 22–115, adopted February 7,
2022 and released February 8, 2022. The
full text of the Order is available online
by using the search function for MB
Docket No. 22–53 on the Commission’s
ECFS web page at https://apps.fcc.gov/
ecfs/.
SUMMARY:
Summary of the Hearing Designation
Order
1. A broadcast licensee’s
authorization to use radio spectrum in
the public interest carries with it the
obligation that the station must serve its
community, providing programming
responsive to local needs and interests.
Broadcast licensees also are required to
operate in compliance with the
Communications Act of 1934, as
amended (Act) and the Commission’s
rules (Rules). These requirements
include the obligation to transmit
potentially lifesaving national level
Emergency Alert System (EAS)
messages in times of emergency and to
engage in periodic tests to ensure that
their stations are equipped to do so.
2. The basic duty of broadcast
licensees to serve their communities is
reflected in the license renewal
provisions of the Act. In 1996, Congress
revised the Commission’s license
renewal process and the renewal
standards for broadcast stations by
adopting section 309(k) of the Act, 47
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U.S.C. 309(k). Section 309(k)(1) of the
Act provides that the Commission shall
grant a license renewal application if it
finds, with respect to the applying
station, that during the preceding
license term: (a) The station has served
the public interest, convenience, and
necessity; (b) there have been no serious
violations by the licensee of the Act or
the Rules; and (c) there have been no
other violations by the licensee of the
Act or the Rules which, taken together,
would constitute a pattern of abuse.
Section 309(k)(2) of the Act provides
that if a station fails to meet the
foregoing standard, the Commission
may deny the renewal application
pursuant to section 309(k)(3) or grant
the application on appropriate terms
and conditions, including a short-term
renewal. Section 309(k)(3) of the Act
provides that if the Commission
determines, after notice and opportunity
for hearing, that the licensee has failed
to meet the standard of section 309(k)(1)
and that no mitigating factors justify the
imposition of lesser sanctions, the
Commission shall issue an order
denying the license renewal application
for the station.
3. Section 312(g) of the Act, 47 U.S.C.
312(g), which Congress also added in
1996 and then amended in 2004,
provides: If a broadcasting station fails
to transmit broadcast signals for any
consecutive 12-month period, then the
station license granted for the operation
of that broadcast station expires at the
end of that period, notwithstanding any
provision, term, or condition of the
license to the contrary, except that the
Commission may extend or reinstate
such station license if the holder of the
station license prevails in an
administrative or judicial appeal, the
applicable law changes, or for any other
reason to promote equity and fairness.
4. Thus, section 312(g) has relieved
the Commission of the need to conduct
license renewal or revocation
proceedings, with their lengthy and
resource-intensive procedural
requirements, including evidentiary
hearings, for stations that remain silent
for extended periods of time. However,
in response to section 312(g), some
licensees of silent stations have adopted
a practice of resuming operation for a
short period of time, in some cases as
little as a day or less, before the one-year
limit in section 312(g) applies and the
station license automatically expires.
Other stations have alternated between
periods of silence and operations with
minimal power levels—in some cases as
low as five watts—that cover a small
portion of their service areas and may be
insufficient to allow them to provide
service to their communities of license.
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5. These practices raise a question as
to whether the licenses for such stations
should be renewed pursuant to section
309(k) of the Act, 47 U.S.C. 309(k). In
2001, the Commission cautioned ‘‘all
licensees that . . . a licensee will face
a very heavy burden in demonstrating
that it has served the public interest
where it has remained silent for most or
all of the prior license term.’’ The policy
against allowing extended periods of
silence or minimal operation by
licensed stations is to ensure ‘‘that
scarce broadcast spectrum does not lie
fallow and unavailable to others capable
of instituting and maintaining service to
the public.’’ In addition to enforcing
section 312(g) of the Act, 47 U.S.C.
312(g), the Commission has stressed its
interest in promoting efficient use of
radio broadcast spectrum for the benefit
of the listening public in several
different contexts since the enactment of
section 312(g). These concerns about
efficient use of spectrum are also
reflected in the Commission’s statutory
authority to award licenses at auction.
6. The KPCQ license renewal
application is designated for hearing to
determine whether the station’s license
should be renewed in light of the
station’s minimal record of operation
during SRR’s tenure as licensee. We are
also designating the question of whether
the station’s license expired pursuant to
section 312(g) of the Act, 47 U.S.C.
312(g).
7. SRR consummated the assignment
of the KPCQ license from Inspirational
Family Sunny Radio, Inc. on February 1,
2018. KPCQ’s operational history during
SRR’s tenure as licensee is that the
station was silent for 1,077 days out of
1,399 days in the period from February
1, 2018 to October 1, 2021 (80% of the
time) and operated only 149 days in
2018, two days in 2019, one day in
2020, and 110 days in the portion of
2021 ending on October 1, 2021 (20% of
the time). After the license term ended
on October 1, 2021, the station remained
on the air 100% of the time.
8. SRR reported that KPCQ initially
went silent when the site owner
required that SRR remove the station’s
tower on June 30, 2018. However, on
June 26, 2019, SRR filed a notice of
resumption stating that the Station had
resumed operation using its licensed
facilities on June 15, 2019. This
discrepancy is not mentioned or
explained in the exhibit to the license
renewal application. Because it is
improbable that SRR was able to resume
operation with KPCQ’s licensed
facilities after dismantling its tower, we
are designating an issue to determine
whether the station’s license expired
pursuant to section 312(g) of the Act, 47
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U.S.C. 312(g), because the station failed
to operate with its authorized facilities
for more than 12 months.
9. KPCQ went silent again on June 17,
2019, when SRR claimed that a
construction crew clipped and severed
a tower guy wire, causing collapse of the
tower. This is also not explained in the
license renewal application. On June 24,
2019, SRR filed an application for
construction permit to change site,
which was granted on September 12,
2019, expiring on September 12, 2022.
Subsequently, on June 14, 2020, KPCQ
operated for one day, using a temporary
long wire facility, which the license
renewal application characterized as
operating for ‘‘less than 30 days.’’ KPCQ
went silent again when that facility was
destroyed by a construction crew, and
SRR requested extension of silent
authority because it was still
constructing its new facility. KPCQ
remained silent until June 14, 2021,
when it resumed operation using
program test authority prior to filing its
license application to cover the
construction permit. KPCQ has operated
since that date, while its license
application remains pending.
10. On June 24, 2020, SRR filed the
station’s license renewal application.
Section 309(k)(1) of the Act, 47 U.S.C.
309(k), provides that grant of a renewal
application is appropriate if we find that
(1) the station has served the public
interest, convenience, and necessity, (2)
there have been no serious violations of
the Act or the Rules, and (3) there have
been no other violations that, taken
together, constitute a pattern of abuse.
When such a finding cannot be made on
the basis of the application, section
309(k) provides that the license renewal
application will be designated for a
hearing. Because of KPCQ’s extended
periods of silence during SRR’s tenure
as licensee, and because substantial and
material questions of fact exist
concerning whether the station’s license
expired automatically under section
312(g) of the Act, 47 U.S.C. 312(g), we
are unable to find that grant of the
renewal application is in the public
interest. Accordingly, we designate this
matter for hearing.
11. The Commission recently
supplemented its formal hearing
processes applicable to the revocation of
Title III licenses by adopting Rules that,
inter alia, expand the use of a hearing
procedure that relies in appropriate
cases on written submissions and
documentary evidence. These hearing
proceedings are resolved on a written
record consisting of affirmative case,
responsive case, and reply case
submissions, along with all associated
evidence in the record, including
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stipulations and agreements of the
parties and official notice of material
facts. Based on that record, the
presiding officer will issue an Initial
Decision pursuant to section 409(a) of
the Act, 47 U.S.C. 409(a), and sections
1.267 and 1.274(c) of the Rules, 47 CFR
1.267, 1.274(c). Based on the
information before us, we believe this
matter can be adequately resolved on a
written record, and we therefore find
that this is an appropriate case for use
of those procedures.
12. All parties shall file a timely
notice of appearance in accordance with
the Rules.
13. After release of this Hearing
Designation Order and Notice of
Opportunity for Hearing, the presiding
officer shall promptly release an Initial
Case Order. The Initial Case Order shall
put all parties on notice that they are
expected to be fully cognizant of Part I
of the Rules concerning Practice and
Procedure, 47 CFR part 1, subparts A
and B. The Initial Case Order shall also
set a date for the initial status
conference and a date by which each
party should file a pre-conference
submission that would include (a)
whether discovery is expected in this
case, and if so, a proposed discovery
schedule; (b) any preliminary motions
they are intending to file; and (c) a
proposed case schedule. The parties’
pre-conference submission should also
indicate whether they request that a
Protective Order be entered in this case.
14. In accordance with section 1.246
of the Rules, 47 CFR 1.246, any party
may serve upon any other party written
requests for the admission of the
genuineness of any relevant documents
or of the truth of any relevant matters
of fact. Such requests shall be served
within twenty (20) days after the
deadline for filing a notice of
appearance unless the presiding officer
sets a different time frame.
15. During the initial status
conference, the presiding officer shall
set the case schedule, including any
deadlines by which the parties should
submit the motions they identified in
their pre-conference submissions. If
discovery is anticipated, the presiding
officer shall also set the discovery
period. The presiding officer shall also
set the deadlines for the parties’
affirmative case, responsive case, and
reply case submissions in accordance
with sections 1.371–1.377 of the Rules,
47 CFR 1.371–1.377. If the parties have
requested the entrance of a Protective
Order, the presiding officer shall also set
a deadline by which a joint proposed
Protective Order shall be submitted for
consideration. In accordance with
section 1.248(b) of the Rules, 47 CFR
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1.248(b), the presiding officer may adopt
a schedule to govern the hearing
proceeding during the status conference
or in an order following the conference.
16. Additional status conferences may
be scheduled throughout the course of
the proceeding at the request of the
parties and/or at the discretion of the
presiding officer. Any requests by a
party for a status conference must be
made in writing to the presiding officer
and shall be copied on all other parties.
17. In accordance with section 1.248
of the Rules, 47 CFR 1.248, an official
transcript of all case conferences shall
be made, unless the parties and the
presiding officer agree to forego a
transcript. Transcripts shall be made
available to the public as part of the
official record in the Commission’s
Electronic Comment Filing System
(ECFS) in MB Docket No. 22–53.
18. The Commission, in section 1.351
of the Rules, 47 CFR 1.351, has adopted
the evidentiary standard set forth in the
formal APA hearing requirements. In
relevant part, section 1.351 of the Rules
now states, ‘‘any oral or documentary
evidence may be adduced, but the
presiding officer shall exclude
irrelevant, immaterial, or unduly
repetitious evidence.’’ The parties
remain free to make evidentiary
arguments based on the Federal Rules of
Evidence.
19. Any person or entity seeking
status as a party in this proceeding must
file a petition to intervene or petition for
leave to intervene in accordance with
section 1.223 of the Rules, 47 CFR
1.223.
20. Motions to enlarge, change, or
delete issues to be considered in this
proceeding shall be allowed, consistent
with section 1.229 of the Rules, 47 CFR
1.229.
21. This hearing proceeding is a
‘‘restricted’’ proceeding pursuant to
section 1.1208 of the Rules, 47 CFR
1.1208, and thus ex parte presentations
to or from Commission decision-making
personnel, including the presiding
officer and her staff and staff of the
Commission’s Media Bureau, are
prohibited, except as otherwise
provided in the Rules.
22. All pleadings in this proceeding,
including written submissions such as
letters, discovery requests and
objections and written responses
thereto, excluding confidential and/or
other protected material, must be filed
in MB Docket No. 22–53 using ECFS.
ECFS shall also act as the repository for
records of actions taken in this
proceeding, excluding confidential and/
or other protected material, by the
presiding officer and the Commission.
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9051
23. The caption of any pleading filed
in this proceeding, as well as all letters,
documents, or other written
submissions including discovery
requests and objections and responses
thereto, shall indicate whether it is to be
acted upon by the Commission or the
presiding officer. The presiding officer
shall be identified by name.
24. Electronic service on the
Enforcement Bureau shall be made
using the following email address:
EBHearings@fcc.gov.
25. To the extent any party to this
proceeding wishes to submit materials
or information that it would like
withheld from the public record, it may
do so in accordance with the procedures
set forth in section 1.314 of the Rules,
47 CFR 1.314. The parties may also
enter into a Protective Order initiated as
described above. As stated above,
requests for a Protective Order should
be made in the parties’ pre-conference
submission in accordance with the
schedule set forth in the Initial Case
Order.
26. The presiding officer shall issue
an Initial Decision on the issues set
forth herein, as well as any other issues
designated for hearing in the course of
the proceeding. This Initial Decision
shall contain, at a minimum, findings of
fact and conclusions of law, as well as
the reasons or basis therefor, and the
appropriate rule or order or policy and
the sanction, relief or denial thereof, as
appropriate.
27. Accordingly, it is ordered that,
pursuant to sections 312(a)(2) and
312(c) of the Communications Act of
1934, as amended, 47 U.S.C. 312(a)(2)
and 312(c), and section 1.91(a) of the
Commission’s Rules, 47 CFR 1.91(a),
and pursuant to authority delegated
under section 0.283 of the Commission’s
Rules, 47 CFR 0.283, the captioned
application is designated for hearing in
a consolidated proceeding before the
FCC Administrative Law Judge, at a
time and place to be specified in a
subsequent order, upon the following
issues: (a) To determine, with respect to
station KPCQ(AM), Chubbuck, Idaho,
whether, during the preceding license
term, (i) the station has served the
public interest, convenience, and
necessity, (ii) there have been any
serious violations by the licensee of the
Communications Act of 1934, as
amended, or the rules and regulations of
the Commission, and (iii) there have
been any other violations of the
Communications Act of 1934, as
amended, or the rules and regulations of
the Commission which, taken together,
would constitute a pattern of abuse; (b)
to determine, with respect to station
KPCQ(AM), Chubbuck, Idaho, whether
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the station’s license expired
automatically pursuant to section 312(g)
of the Communications Act of 1934, as
amended, 47 U.S.C. 312(g), because the
station failed to operate with its
authorized facilities for more than 12
months; and (c) in light of the evidence
adduced pursuant to issues (a) and (b)
above, whether the captioned
application for renewal of the license for
station KPCQ(AM) should be (1)
dismissed as moot because the station’s
license expired automatically pursuant
to section 312(g) of the Communications
Act of 1934, as amended, 47 U.S.C.
312(g), (2) granted on such terms and
conditions as are appropriate, including
renewal for a term less than the
maximum otherwise permitted, or (3)
denied due to failure to satisfy the
requirements of section 309(k)(1) of the
Communications Act of 1934, as
amended, 47 U.S.C. 309(k)(1).
28. It is further ordered that, pursuant
to section 312(c) of the Communications
Act of 1934, as amended, 47 U.S.C.
312(c), and section 1.91(c) of the
Commission’s Rules, 47 CFR 1.91(c), in
order to avail itself of the opportunity to
be heard and the right to present
evidence at a hearing in these
proceedings, Snake River Radio, LLC, in
person or by an attorney, shall file
within 20 days of the mailing of this
Hearing Designation Order and Notice
of Opportunity for Hearing, a written
appearance stating its intention to
appear at the hearing and present
evidence on the issues specified above.
29. It is further ordered, pursuant to
sections 1.221(c) of the Commission’s
Rules, 47 CFR 1.221(c), that if Snake
River Radio, LLC fails to file a written
appearance within the time specified
above, or has not filed prior to the
expiration of that time a petition to
dismiss without prejudice, or a petition
to accept, for good cause shown, such
written appearance beyond expiration of
said 20 days, the pending application
will be dismissed with prejudice for
failure to prosecute.
30. It is further ordered that the Chief,
Enforcement Bureau, is made a party to
this proceeding without the need to file
a written appearance.
31. It is further ordered that, in
accordance with section 309(e) of the
Communications Act of 1934, as
amended, 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 with respect to the
issues at paragraph 27 (a)–(c) shall be
upon Snake River Radio, LLC.
32. It is further ordered that a copy of
each document filed in this proceeding
subsequent to the date of adoption of
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this Hearing Designation Order and
Notice of Opportunity for Hearing 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 &
Hearings Division, Enforcement Bureau,
Federal Communications Commission,
45 L Street NE, Washington, DC 20554.
33. It is further ordered that the
parties to the captioned application
shall, pursuant to section 311(a)(2) of
the Communications Act of 1934, as
amended, 47 U.S.C. 311(a)(2), and
section 73.3594 of the Commission’s
Rules, 47 CFR 73.3594, give notice of
the hearing within the time and in the
manner prescribed in such Rule, and
shall advise the Commission of the
satisfaction of such requirements as
mandated by section 73.3594 of the
Commission’s Rules, 47 CFR 73.3594.
34. It is further ordered that a copy of
this Hearing Designation Order and
Notice of Opportunity for Hearing shall
be sent via Certified Mail, Return
Receipt Requested, and by regular firstclass mail to Snake River Radio, LLC,
Ted Austin, P.O. Box 17, St. Anthony,
ID 83445 and Jeffrey L. Timmons, Esq.,
Timmons Communications Law, 974
Branford Lane NW, Lilburn, GA 30047–
2680.
35. It is further ordered that the
Secretary of the Commission shall cause
to have this Hearing Designation Order
and Notice of Opportunity for Hearing,
or a summary thereof published in the
Federal Register.
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
[FR Doc. 2022–03453 Filed 2–16–22; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[FR ID 71104]
Wireless Telecommunications Bureau
and Public Safety and Homeland
Security Bureau Extend the Date for
the Acceptance and Processing of
Certain Applications for 470–512 MHz
(T-Band) Spectrum
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
In this Public Notice, the
Public Safety and Homeland Security
SUMMARY:
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Bureau and Wireless
Telecommunications Bureau
(collectively the Bureaus) extend the
period for accepting certain applications
for 470–512 MHz (T-Band) spectrum
until April 1, 2022.
DATES: The Bureaus issued the Public
Notice on December 17, 2021.
FOR FURTHER INFORMATION CONTACT:
Brian Marenco, Electronics Engineer,
Policy and Licensing Division, Public
Safety and Homeland Security Bureau,
(202) 418–0838 or via email at
Brian.Marenco@fcc.gov, and Joshua
Smith, Mobility Division, Wireless
Telecommunications Bureau, (717) 338–
2502 or via email at Joshua.Smith@
fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Public
Notice, DA 21–1596, released on
December 17, 2021. The complete text
of this document is available for
inspection and copying during normal
business hours in the FCC Reference
Information Center, 45 L Street NE,
Washington, DC 20554. Effective March
19, 2020, and until further notice, the
Commission no longer accepts any hand
or messenger delivered filings. This is a
temporary measure taken to help protect
the health and safety of individuals, and
to mitigate the transmission of COVID–
19. See FCC Announces Closure of FCC
Headquarters Open Window and
Change in Hand-Delivery Policy, Public
Notice, DA 20–304 (March 19, 2020).
https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy. During
the time the Commission’s building is
closed to the general public and until
further notice.
1. On January 19, 2021, the Bureaus
released a Public Notice establishing a
90-day period from March 22, 2021
until June 21, 2021 for accepting certain
Part 22 and Part 90 applications for
facilities in the T-Band. The Bureaus
limited applications to incumbent
licensees to ensure orderly resumption
of the application and licensing
processes following suspension on
acceptance of certain T-Band
applications in 2012. On June 21, 2021,
the Bureaus extended the incumbentonly filing window until Dec. 19, 2021.
2. On December 17, 2021, the Bureaus
released a Public Notice extending the
period limiting applications to
incumbent licensees to April 1, 2022
while staff continues working on ways
to improve the orderly resumption of
the application and licensing processes
for the T-Band.
3. The Bureaus noted in the Public
Notice that the decision to extend the
date for acceptance of certain T-Band
E:\FR\FM\17FEN1.SGM
17FEN1
Agencies
[Federal Register Volume 87, Number 33 (Thursday, February 17, 2022)]
[Notices]
[Pages 9049-9052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03453]
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FEDERAL COMMUNICATIONS COMMISSION
[MB Docket No. 22-53; FCC DA 22-115; FR ID 71980]
Snake River Radio, LLC, Radio Station KPCQ(AM), Chubbuck, ID
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: This document commences a hearing to determine (a) whether the
license renewal application for AM radio station KPCQ, Chubbuck, ID
should be granted or denied due to the station's history of silence or
low power operations in the period when Snake River Radio, LLC (SRR)
was the station's licensee, and (b) whether the station's license
automatically expired due to failure to operate with authorized
facilities for a period of twelve consecutive months.
DATES: Persons desiring to participate as parties in the hearing shall
file a petition for leave to intervene not later than March 21, 2022.
ADDRESSES: File documents with the Office of the Secretary, Federal
Communications Commission, 45 L Street NE, Washington, DC 20554, with a
copy mailed to each party to the proceeding. Each document that is
filed in this proceeding must display on the front page the docket
number of this hearing, ``MB Docket No. 22-53.''
FOR FURTHER INFORMATION CONTACT: Albert Shuldiner, Media Bureau, (202)
418-2721.
SUPPLEMENTARY INFORMATION: This is a summary of the Hearing Designation
Order and Notice of Opportunity for Hearing (Order), MB Docket No. 22-
53, FCC DA 22-115, adopted February 7, 2022 and released February 8,
2022. The full text of the Order is available online by using the
search function for MB Docket No. 22-53 on the Commission's ECFS web
page at https://apps.fcc.gov/ecfs/.
Summary of the Hearing Designation Order
1. A broadcast licensee's authorization to use radio spectrum in
the public interest carries with it the obligation that the station
must serve its community, providing programming responsive to local
needs and interests. Broadcast licensees also are required to operate
in compliance with the Communications Act of 1934, as amended (Act) and
the Commission's rules (Rules). These requirements include the
obligation to transmit potentially lifesaving national level Emergency
Alert System (EAS) messages in times of emergency and to engage in
periodic tests to ensure that their stations are equipped to do so.
2. The basic duty of broadcast licensees to serve their communities
is reflected in the license renewal provisions of the Act. In 1996,
Congress revised the Commission's license renewal process and the
renewal standards for broadcast stations by adopting section 309(k) of
the Act, 47
[[Page 9050]]
U.S.C. 309(k). Section 309(k)(1) of the Act provides that the
Commission shall grant a license renewal application if it finds, with
respect to the applying station, that during the preceding license
term: (a) The station has served the public interest, convenience, and
necessity; (b) there have been no serious violations by the licensee of
the Act or the Rules; and (c) there have been no other violations by
the licensee of the Act or the Rules which, taken together, would
constitute a pattern of abuse. Section 309(k)(2) of the Act provides
that if a station fails to meet the foregoing standard, the Commission
may deny the renewal application pursuant to section 309(k)(3) or grant
the application on appropriate terms and conditions, including a short-
term renewal. Section 309(k)(3) of the Act provides that if the
Commission determines, after notice and opportunity for hearing, that
the licensee has failed to meet the standard of section 309(k)(1) and
that no mitigating factors justify the imposition of lesser sanctions,
the Commission shall issue an order denying the license renewal
application for the station.
3. Section 312(g) of the Act, 47 U.S.C. 312(g), which Congress also
added in 1996 and then amended in 2004, provides: If a broadcasting
station fails to transmit broadcast signals for any consecutive 12-
month period, then the station license granted for the operation of
that broadcast station expires at the end of that period,
notwithstanding any provision, term, or condition of the license to the
contrary, except that the Commission may extend or reinstate such
station license if the holder of the station license prevails in an
administrative or judicial appeal, the applicable law changes, or for
any other reason to promote equity and fairness.
4. Thus, section 312(g) has relieved the Commission of the need to
conduct license renewal or revocation proceedings, with their lengthy
and resource-intensive procedural requirements, including evidentiary
hearings, for stations that remain silent for extended periods of time.
However, in response to section 312(g), some licensees of silent
stations have adopted a practice of resuming operation for a short
period of time, in some cases as little as a day or less, before the
one-year limit in section 312(g) applies and the station license
automatically expires. Other stations have alternated between periods
of silence and operations with minimal power levels--in some cases as
low as five watts--that cover a small portion of their service areas
and may be insufficient to allow them to provide service to their
communities of license.
5. These practices raise a question as to whether the licenses for
such stations should be renewed pursuant to section 309(k) of the Act,
47 U.S.C. 309(k). In 2001, the Commission cautioned ``all licensees
that . . . a licensee will face a very heavy burden in demonstrating
that it has served the public interest where it has remained silent for
most or all of the prior license term.'' The policy against allowing
extended periods of silence or minimal operation by licensed stations
is to ensure ``that scarce broadcast spectrum does not lie fallow and
unavailable to others capable of instituting and maintaining service to
the public.'' In addition to enforcing section 312(g) of the Act, 47
U.S.C. 312(g), the Commission has stressed its interest in promoting
efficient use of radio broadcast spectrum for the benefit of the
listening public in several different contexts since the enactment of
section 312(g). These concerns about efficient use of spectrum are also
reflected in the Commission's statutory authority to award licenses at
auction.
6. The KPCQ license renewal application is designated for hearing
to determine whether the station's license should be renewed in light
of the station's minimal record of operation during SRR's tenure as
licensee. We are also designating the question of whether the station's
license expired pursuant to section 312(g) of the Act, 47 U.S.C.
312(g).
7. SRR consummated the assignment of the KPCQ license from
Inspirational Family Sunny Radio, Inc. on February 1, 2018. KPCQ's
operational history during SRR's tenure as licensee is that the station
was silent for 1,077 days out of 1,399 days in the period from February
1, 2018 to October 1, 2021 (80% of the time) and operated only 149 days
in 2018, two days in 2019, one day in 2020, and 110 days in the portion
of 2021 ending on October 1, 2021 (20% of the time). After the license
term ended on October 1, 2021, the station remained on the air 100% of
the time.
8. SRR reported that KPCQ initially went silent when the site owner
required that SRR remove the station's tower on June 30, 2018. However,
on June 26, 2019, SRR filed a notice of resumption stating that the
Station had resumed operation using its licensed facilities on June 15,
2019. This discrepancy is not mentioned or explained in the exhibit to
the license renewal application. Because it is improbable that SRR was
able to resume operation with KPCQ's licensed facilities after
dismantling its tower, we are designating an issue to determine whether
the station's license expired pursuant to section 312(g) of the Act, 47
U.S.C. 312(g), because the station failed to operate with its
authorized facilities for more than 12 months.
9. KPCQ went silent again on June 17, 2019, when SRR claimed that a
construction crew clipped and severed a tower guy wire, causing
collapse of the tower. This is also not explained in the license
renewal application. On June 24, 2019, SRR filed an application for
construction permit to change site, which was granted on September 12,
2019, expiring on September 12, 2022. Subsequently, on June 14, 2020,
KPCQ operated for one day, using a temporary long wire facility, which
the license renewal application characterized as operating for ``less
than 30 days.'' KPCQ went silent again when that facility was destroyed
by a construction crew, and SRR requested extension of silent authority
because it was still constructing its new facility. KPCQ remained
silent until June 14, 2021, when it resumed operation using program
test authority prior to filing its license application to cover the
construction permit. KPCQ has operated since that date, while its
license application remains pending.
10. On June 24, 2020, SRR filed the station's license renewal
application. Section 309(k)(1) of the Act, 47 U.S.C. 309(k), provides
that grant of a renewal application is appropriate if we find that (1)
the station has served the public interest, convenience, and necessity,
(2) there have been no serious violations of the Act or the Rules, and
(3) there have been no other violations that, taken together,
constitute a pattern of abuse. When such a finding cannot be made on
the basis of the application, section 309(k) provides that the license
renewal application will be designated for a hearing. Because of KPCQ's
extended periods of silence during SRR's tenure as licensee, and
because substantial and material questions of fact exist concerning
whether the station's license expired automatically under section
312(g) of the Act, 47 U.S.C. 312(g), we are unable to find that grant
of the renewal application is in the public interest. Accordingly, we
designate this matter for hearing.
11. The Commission recently supplemented its formal hearing
processes applicable to the revocation of Title III licenses by
adopting Rules that, inter alia, expand the use of a hearing procedure
that relies in appropriate cases on written submissions and documentary
evidence. These hearing proceedings are resolved on a written record
consisting of affirmative case, responsive case, and reply case
submissions, along with all associated evidence in the record,
including
[[Page 9051]]
stipulations and agreements of the parties and official notice of
material facts. Based on that record, the presiding officer will issue
an Initial Decision pursuant to section 409(a) of the Act, 47 U.S.C.
409(a), and sections 1.267 and 1.274(c) of the Rules, 47 CFR 1.267,
1.274(c). Based on the information before us, we believe this matter
can be adequately resolved on a written record, and we therefore find
that this is an appropriate case for use of those procedures.
12. All parties shall file a timely notice of appearance in
accordance with the Rules.
13. After release of this Hearing Designation Order and Notice of
Opportunity for Hearing, the presiding officer shall promptly release
an Initial Case Order. The Initial Case Order shall put all parties on
notice that they are expected to be fully cognizant of Part I of the
Rules concerning Practice and Procedure, 47 CFR part 1, subparts A and
B. The Initial Case Order shall also set a date for the initial status
conference and a date by which each party should file a pre-conference
submission that would include (a) whether discovery is expected in this
case, and if so, a proposed discovery schedule; (b) any preliminary
motions they are intending to file; and (c) a proposed case schedule.
The parties' pre-conference submission should also indicate whether
they request that a Protective Order be entered in this case.
14. In accordance with section 1.246 of the Rules, 47 CFR 1.246,
any party may serve upon any other party written requests for the
admission of the genuineness of any relevant documents or of the truth
of any relevant matters of fact. Such requests shall be served within
twenty (20) days after the deadline for filing a notice of appearance
unless the presiding officer sets a different time frame.
15. During the initial status conference, the presiding officer
shall set the case schedule, including any deadlines by which the
parties should submit the motions they identified in their pre-
conference submissions. If discovery is anticipated, the presiding
officer shall also set the discovery period. The presiding officer
shall also set the deadlines for the parties' affirmative case,
responsive case, and reply case submissions in accordance with sections
1.371-1.377 of the Rules, 47 CFR 1.371-1.377. If the parties have
requested the entrance of a Protective Order, the presiding officer
shall also set a deadline by which a joint proposed Protective Order
shall be submitted for consideration. In accordance with section
1.248(b) of the Rules, 47 CFR 1.248(b), the presiding officer may adopt
a schedule to govern the hearing proceeding during the status
conference or in an order following the conference.
16. Additional status conferences may be scheduled throughout the
course of the proceeding at the request of the parties and/or at the
discretion of the presiding officer. Any requests by a party for a
status conference must be made in writing to the presiding officer and
shall be copied on all other parties.
17. In accordance with section 1.248 of the Rules, 47 CFR 1.248, an
official transcript of all case conferences shall be made, unless the
parties and the presiding officer agree to forego a transcript.
Transcripts shall be made available to the public as part of the
official record in the Commission's Electronic Comment Filing System
(ECFS) in MB Docket No. 22-53.
18. The Commission, in section 1.351 of the Rules, 47 CFR 1.351,
has adopted the evidentiary standard set forth in the formal APA
hearing requirements. In relevant part, section 1.351 of the Rules now
states, ``any oral or documentary evidence may be adduced, but the
presiding officer shall exclude irrelevant, immaterial, or unduly
repetitious evidence.'' The parties remain free to make evidentiary
arguments based on the Federal Rules of Evidence.
19. Any person or entity seeking status as a party in this
proceeding must file a petition to intervene or petition for leave to
intervene in accordance with section 1.223 of the Rules, 47 CFR 1.223.
20. Motions to enlarge, change, or delete issues to be considered
in this proceeding shall be allowed, consistent with section 1.229 of
the Rules, 47 CFR 1.229.
21. This hearing proceeding is a ``restricted'' proceeding pursuant
to section 1.1208 of the Rules, 47 CFR 1.1208, and thus ex parte
presentations to or from Commission decision-making personnel,
including the presiding officer and her staff and staff of the
Commission's Media Bureau, are prohibited, except as otherwise provided
in the Rules.
22. All pleadings in this proceeding, including written submissions
such as letters, discovery requests and objections and written
responses thereto, excluding confidential and/or other protected
material, must be filed in MB Docket No. 22-53 using ECFS. ECFS shall
also act as the repository for records of actions taken in this
proceeding, excluding confidential and/or other protected material, by
the presiding officer and the Commission.
23. The caption of any pleading filed in this proceeding, as well
as all letters, documents, or other written submissions including
discovery requests and objections and responses thereto, shall indicate
whether it is to be acted upon by the Commission or the presiding
officer. The presiding officer shall be identified by name.
24. Electronic service on the Enforcement Bureau shall be made
using the following email address: [email protected].
25. To the extent any party to this proceeding wishes to submit
materials or information that it would like withheld from the public
record, it may do so in accordance with the procedures set forth in
section 1.314 of the Rules, 47 CFR 1.314. The parties may also enter
into a Protective Order initiated as described above. As stated above,
requests for a Protective Order should be made in the parties' pre-
conference submission in accordance with the schedule set forth in the
Initial Case Order.
26. The presiding officer shall issue an Initial Decision on the
issues set forth herein, as well as any other issues designated for
hearing in the course of the proceeding. This Initial Decision shall
contain, at a minimum, findings of fact and conclusions of law, as well
as the reasons or basis therefor, and the appropriate rule or order or
policy and the sanction, relief or denial thereof, as appropriate.
27. Accordingly, it is ordered that, pursuant to sections 312(a)(2)
and 312(c) of the Communications Act of 1934, as amended, 47 U.S.C.
312(a)(2) and 312(c), and section 1.91(a) of the Commission's Rules, 47
CFR 1.91(a), and pursuant to authority delegated under section 0.283 of
the Commission's Rules, 47 CFR 0.283, the captioned application is
designated for hearing in a consolidated proceeding before the FCC
Administrative Law Judge, at a time and place to be specified in a
subsequent order, upon the following issues: (a) To determine, with
respect to station KPCQ(AM), Chubbuck, Idaho, whether, during the
preceding license term, (i) the station has served the public interest,
convenience, and necessity, (ii) there have been any serious violations
by the licensee of the Communications Act of 1934, as amended, or the
rules and regulations of the Commission, and (iii) there have been any
other violations of the Communications Act of 1934, as amended, or the
rules and regulations of the Commission which, taken together, would
constitute a pattern of abuse; (b) to determine, with respect to
station KPCQ(AM), Chubbuck, Idaho, whether
[[Page 9052]]
the station's license expired automatically pursuant to section 312(g)
of the Communications Act of 1934, as amended, 47 U.S.C. 312(g),
because the station failed to operate with its authorized facilities
for more than 12 months; and (c) in light of the evidence adduced
pursuant to issues (a) and (b) above, whether the captioned application
for renewal of the license for station KPCQ(AM) should be (1) dismissed
as moot because the station's license expired automatically pursuant to
section 312(g) of the Communications Act of 1934, as amended, 47 U.S.C.
312(g), (2) granted on such terms and conditions as are appropriate,
including renewal for a term less than the maximum otherwise permitted,
or (3) denied due to failure to satisfy the requirements of section
309(k)(1) of the Communications Act of 1934, as amended, 47 U.S.C.
309(k)(1).
28. It is further ordered that, pursuant to section 312(c) of the
Communications Act of 1934, as amended, 47 U.S.C. 312(c), and section
1.91(c) of the Commission's Rules, 47 CFR 1.91(c), in order to avail
itself of the opportunity to be heard and the right to present evidence
at a hearing in these proceedings, Snake River Radio, LLC, in person or
by an attorney, shall file within 20 days of the mailing of this
Hearing Designation Order and Notice of Opportunity for Hearing, a
written appearance stating its intention to appear at the hearing and
present evidence on the issues specified above.
29. It is further ordered, pursuant to sections 1.221(c) of the
Commission's Rules, 47 CFR 1.221(c), that if Snake River Radio, LLC
fails to file a written appearance within the time specified above, or
has not filed prior to the expiration of that time a petition to
dismiss without prejudice, or a petition to accept, for good cause
shown, such written appearance beyond expiration of said 20 days, the
pending application will be dismissed with prejudice for failure to
prosecute.
30. It is further ordered that the Chief, Enforcement Bureau, is
made a party to this proceeding without the need to file a written
appearance.
31. It is further ordered that, in accordance with section 309(e)
of the Communications Act of 1934, as amended, 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
with respect to the issues at paragraph 27 (a)-(c) shall be upon Snake
River Radio, LLC.
32. It is further ordered that a copy of each document filed in
this proceeding subsequent to the date of adoption of this Hearing
Designation Order and Notice of Opportunity for Hearing 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 & Hearings Division,
Enforcement Bureau, Federal Communications Commission, 45 L Street NE,
Washington, DC 20554.
33. It is further ordered that the parties to the captioned
application shall, pursuant to section 311(a)(2) of the Communications
Act of 1934, as amended, 47 U.S.C. 311(a)(2), and section 73.3594 of
the Commission's Rules, 47 CFR 73.3594, give notice of the hearing
within the time and in the manner prescribed in such Rule, and shall
advise the Commission of the satisfaction of such requirements as
mandated by section 73.3594 of the Commission's Rules, 47 CFR 73.3594.
34. It is further ordered that a copy of this 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
Snake River Radio, LLC, Ted Austin, P.O. Box 17, St. Anthony, ID 83445
and Jeffrey L. Timmons, Esq., Timmons Communications Law, 974 Branford
Lane NW, Lilburn, GA 30047-2680.
35. It is further ordered that the Secretary of the Commission
shall cause to have this Hearing Designation Order and Notice of
Opportunity for Hearing, or a summary thereof published in the Federal
Register.
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
[FR Doc. 2022-03453 Filed 2-16-22; 8:45 am]
BILLING CODE 6712-01-P