Audio Services Division Decisions IMPORTANT NOTE:
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$/73.561  Minimum Operating Schedule/$
$/73.1750  Discontinuance of operation/$
$/300.312  Administrative Sanctions/$

                               Before the
                      Federal Communications Commission  DA 96-463  
                         Washington, D.C.  20554


In the Matter of)     MM Docket No.  96-74  
     )
Red River Broadcasting, Inc.     )
     )
Order to Show Cause Why the      )
License for Station KMOA(AM)     )
Kensett, Arkansas Should         )
Not be Revoked  )


ORDER TO SHOW CAUSE
AND
                           HEARING DESIGNAT                ION ORDER

                                                 Adopted:  March 28, 1996     Released:  April 1, 1996

By the Assistant Chief, Audio Services Division:

     1.  The Assistant Chief, Audio Services Division, Mass Media Bureau, has before him
for consideration:  (a) a license held by Red River Broadcasting, Inc. ("Red River") for
Kensett, Arkansas; and (b) the results of an investigation into the station's silent status.

     2.  The Commission's records indicate that KMOA(AM) has been off the air since
December 30, 1993 when the licensee informed the FCC that the station went off the air
"because of equipment failure."  No letter was filed informing the Commission that these
failures were remedied, and that the station resumed broadcast operations.  KMOA(AM) has
thus been off the air for over two years and is presently not authorized to remain silent. 
Consequently,  Red River is in apparent violation of Sections 73.1740(a)(4) and 73.1750 of
the Commission's Rules.

     3.  Accordingly, IT IS ORDERED, That pursuant to Sections 312(a) (3) and (4) of the
Communications Act of 1934, as amended, Red River Broadcasting, Inc. IS DIRECTED TO
SHOW CAUSE why the license for KMOA(AM) should not be REVOKED, at a hearing to
be held at a time and location specified in a subsequent Order, upon the following issues:

            (1)     To determine whether Red River Broadcasting, Inc. has the
                    capability and intent to expeditiously resume the broadcast
                         operations of KMOA(AM), consistent with the Commission's
                    Rules.

            (2)     To determine whether Red River Broadcasting, Inc. has violated
                    Sections 73.1740 and/or 73.1750 of the Commission's Rules.

            (3)     To determine, in light of the evidence adduced pursuant to
                    the foregoing issues, whether Red River Broadcasting, Inc. is         
                    qualified to be and remain the licensee of KMOA(AM).

     4.  IT IS FURTHER ORDERED, That, pursuant to Section 312(d) of the
Communications Act of 1934, as amended, both the BURDEN OF PROCEEDING with the
introduction of evidence and the BURDEN OF PROOF with respect to the issues specified
above shall be upon the MASS MEDIA BUREAU.

     5.  IT IS FURTHER ORDERED, That, to avail itself of the opportunity to be heard,
the licensee, pursuant to Section 1.91(c) of the Commission's Rules, SHALL FILE with the
Commission within thirty (30) days of the receipt of this Order a WRITTEN APPEARANCE
stating that it will appear at the hearing and present evidence on the matters specified in the
Order.  If the licensee fails to file a written appearance within the time specified, or within
thirty (30) days of receipt of this Order the licensee files a written statement expressly
waiving its right to a hearing, the licensee's right to a hearing SHALL BE DEEMED TO BE
WAIVED.  In the event the right to a hearing is waived, the Presiding Judge, or the Chief,
Administrative Law Judge if no Presiding Judge has been designated, SHALL TERMINATE
the hearing proceeding and CERTIFY this case to the Commission in the regular course of
business, and an appropriate Order shall be entered.

     6.  IT IS FURTHER ORDERED, That, if it is determined that the hearing record does
not warrant an Order revoking the license for KMOA(AM), Kensett, Arkansas, it shall be
determined, pursuant to Section 503(b) of the Communications Act of 1934, as amended,
whether an ORDER OF FORFEITURE shall be issued against the licensee in an amount not
exceeding $250,000.00 for the willful and/or repeated violation of Section 73.1740 and/or
73.1750 of the Commission's Rules.

     7.  IT IS FURTHER ORDERED, That this document constitutes a NOTICE OF
APPARENT LIABILITY for willful and repeated violation of Section 73.1740 and/or 73.1750
of the Commission's Rules.  The Commission has determined that in every case designated
for hearing involving the potential revocation of a station license, it shall, as a matter of
course, include a forfeiture notice so as to maintain the fullest possible flexibility of 




action.  Since the practice of including such forfeiture notice is a routine procedure, such
inclusion here should not be viewed in any manner as suggesting or otherwise indicating what
the initial or final disposition of this proceeding shall be.

                    FEDERAL COMMUNICATIONS COMMISSION



                    Stuart B. Bedell
                    Assistant Chief, Audio Services Division
                    Mass Media Bureau



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