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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 April 22, 1998 in reply refer to: 97110030-sbf CERTIFIED MAIL - RETURN RECEIPT REQUESTED Ms. Linda Reed, President KHYM, Inc. 9700 Court Glen, Suite 811 Houston, Texas 77099 Dear Ms. Reed: This concerns station KBNB(AM), Gilmer, Texas. For the reasons that follow, we conclude that KYHM, Inc. ("KHYM"), licensee of the station, violated Section 73.1740(a)(4), 47 C.F.R.  73.1740(a)(4) (minimum operating schedule), and Section 73.1560(d) of the Commission's Rules, 47 C.F.R.  73.1560(d) (operating power). We hereby admonish you for these violations. On January 16, 1997, the Commission granted an application to assign Station KBNB to World Broadcast Network. Two individuals requested reconsideration of that decision, alleging, inter alia, that KBNB had been dark since December, 24, 1996. As a result, the Commission sent a letter to you on July 17, 1997, requesting additional information regarding this allegation. In your response dated August 7, 1997, you admit that KBNB went off the air on December 22, 1996 due to a transmitter failure. You further state that the station remained dark until January 2, 1997, when KBNB returned to the air on "low power." It then operated on low power until February 2, 1997, when the low power portion of the transmitter also failed. On or about March 1, 1997, station personnel had a dispute with the transmitter site landlord. As a result, you state that you were denied access to the transmitter site for some time and the station remained silent from approximately February 2, 1997, until July 20, 1997. You assert that KBNB then returned to the air at full power and is currently meeting its minimum operating schedule. You concede, however, that the station was silent for more than thirty days, for reasons beyond the station's control, and that you did not inform the Commission. You also admit that you failed to notify the Commission that KBNB was operating at reduced power. Section 73.1740(a) of the Commission's Rules prescribes that commercial broadcast stations must meet certain minimum operating schedules. Section 73.1740(a)(4) requires that if events beyond the licensee's control make it impossible either to adhere to the operating schedule or to continue operating, the station may limit or discontinue operation for a period of not more than thirty days without further authority from the Commission, but the station must notify the Commission no later than the tenth day of the limited or discontinued operation. If the limitation or discontinuance of service extends beyond thirty days, then the licensee is required to provide the Commission with an informal written request no later than the thirtieth day for such additional time as may be deemed necessary. Section 73.1560(a) of the Commission's Rules provides generally that the transmitter output power of an AM station must be maintained as near as practicable to the authorized transmitter output power and may not be less than 90% nor more than 105% of the authorized power. Section 73.1560(d) provides in pertinent part that if it becomes technically impossible for a broadcast station to operate with the authorized power, it may operate at reduced power for a period of not more than thirty days without specific authority from the Commission. However, if operation at reduced power will exceed ten consecutive days, a notification must be sent to the Commission not later than the tenth day of the lower power operation. If causes beyond the control of the licensee prevent restoration of operation at the authorized power within thirty days, an informal written request must be made to the Commission no later than the thirtieth day for such additional time as may be necessary. We find that you have violated Section 73.1740(a)(4) of the Commission's Rules because you did not notify the Commission by the tenth day that the station was dark. In addition, even though the station remained silent for more than thirty days, specifically between February 2, 1997, and July 20, 1997, you did not make an informal written request to the Commission after 30 days of silence to seek additional time to restore the station to operation. You violated Section 73.1560(d) of the Commission's Rules by operating at low power and failing to notify the Commission by the tenth consecutive day of that fact. In this regard, since the station operated at low power beginning January 2, 1997, you were obligated to notify the Commission by January 12, 1997. However, you failed to do so. We have determined that a letter of admonishment, rather than a forfeiture, is appropriate. You readily admitted to the violations. Further, the violations involved failures to send proper notifications or informal requests, and KBNB is now operating in accordance with the Commission's Rules. Accordingly, based on the information before us, we conclude that you have violated Section 73.1740(a)(4) of the Commission's Rules by failing to meet KBNB's minimum operating schedule and by failing to notify the Commission after 10 days or request permission for more than 30 days of silence. We also conclude that you have violated Section 73.1560(d) of the Commission's Rules for operating at low power and by failing to notify the Commission by the tenth consecutive day of low power operation when such operation was going to exceed ten consecutive days. You are hereby admonished for these violations and reminded to exercise appropriate care to assure that such violations are not repeated. Sincerely, Roy J. Stewart Chief, Mass Media Bureau