WPCP 2?BJZECourier3|x #XR  P7jQ=!XP#HP LaserJet 4 LPT1 302_1)HPLA4ADD.PRSx  @\cztX@ c-#XR  P7jQ 6MXP#2@qf X CourierCG Times",tB^ f ^;C]ddCCCdCCCCddddddddddCCY~~vCN~sk~CCCddCYdYdYCdd88d8ddddJN8ddddYYdYd4dddddCddddddddd8YYYYYY~Y~Y~Y~YC8C8C8C8ddddddddddYdddddsdXdXXXddx|X~d~d|XdddddddC8ddddCdoddd|8|H~d<|8dtddddHHdlLlLlLkd|H|8~ddddddddXXXd~ddkd~ddxCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCYQQddddddFddddFCChhd44ddzzdddvooChdF"dhd9dCCzCddoddCdYds]zUvdYYCCCCz~ozoY~NYdYC8YooYdYzsdzdd~YYzozzz~CdzYzzzzCCdddddddzCsdYC\   pxtll\tll@\@\`L<?xxx,2x6X@`7X@8wC;,=!Xw PE37XP\ @^.$h'j;U7G;A7 ier<?xxx,2x6X@`7X@2r  Z33|x HP LaserJet 4 LPT1 302_1)HPLA4ADD.PRSx  @\cztX@CourierTimes New Roman BoldArialTimes New Roman2wKKKKK,"i~'^:DpddȨDDDdp4D48ddddddddddDDpppd|Ld|pȐD8DtdDdpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDdddddd^x6X@`7X@x7nC:,Xn4  pG;Xy@ND,,Ҽ4  pG;z1mC9, Xm2PG;XP{7jC:,#3Xj\  P6G;XP|W!@(#,#9h@\  P6G;hP<R&HHH,|,H6X@`7h@ X'  #Xn4  pG;X#$//HDO, Port Neches, Texas, KUHD(AM), DA 96466 //$ $/73.561 Minimum Operating Schedule/$ $/73.1750 Discontinuance of operation/$ $/300.312 Administrative Sanctions/$  ?4#x6X@K>^X@#  al4`#4  pG;,Ҽ#Before the  Federal Communications Commission DA 96466 'Washington, D.C. 20554  R'#Xm2PG; XP#\  X\ 4#o\  PC3XP##XP\  P6Q3XP#In the Matter of hhCq)MM Docket No. 9670 ` `  hhCq)  X. 4Under His Direction, Inc. hhCq)  X 4` `  hhCq)pp  *xxX   X 4Order to Show Cause Why thehhCq)  X 4License for Station KUHD(AM)hhCq)  X4Port Neches, Texas ShouldhhCq)  X4Not be Revoked hhCq)  Xv40BORDER TO SHOW CAUSE wAND  HEARING DESIGNATION ORDER  X14  X4\ Adopted: March 28, 1996Released: 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) an AM license held by Under His Direction, Inc. ("His Direction") for  X4Port Neches, Texas; and (b) the results of an investigation into the station's silent status.S X 4ԍ#o\  PC3XP##XP\  P6Q3XP#The Mass Media Bureau has been delegated authority to issue and release Show  X4Cause Orders in cases involving silent broadcast stations. See Debrine Communications, Inc.,  X47 FCC Rcd 2118 (1992).#x6X@K>^X@#ђ 2. The Commission's records indicate that KUHD(AM) has been off the air since January 6, 1995 and that the special temporary authority permitting the station to remain silent  X44expired February 2, 1996.4KS X0%4ԍ#o\  PC3XP##XP\  P6Q3XP#KUHD's license expires August 1, 1997 (BR900611UB, granted August 23, 1991). In its July 26, 1995 request to remain silent, His Direction stated that it obtained an agreement with the mortgage holder of its assets and that an application for transfer of control of the licensee would be filed within thirty days of the date of its letter. Our records reveal that neither a request to extend further the station's temporary authority nor an application for the assignment or transfer of control of the station's license has been""0*0*0*w!" filed. Thus, KUHD(AM) has been offair for over 12 months and presently is not authorized to remain silent. Consequently, His Direction is in apparent violation of Sections  X473.1740(a)(4)4Z XK4ԍ#o\  PC3XP##XP\  P6Q3XP#Section 73.1740(a)(4) provides that: ` ` "In the event that causes beyond the control of a licensee ` ` make it impossible to adhere to the operating ` ` schedule of this section or to continue operating, the ` ` station may limit or discontinue operation for a period ` ` of not more than 30 days without further authority ` ` from the FCC. Notification must be sent to the FCC ` ` in Washington, D.C. not later than the 10th day of ` ` limited or discontinued operation. During such ` ` period, the licensee shall continue to adhere to the ` ` requirements in the station license pertaining to the ` ` lighting of antenna structures. In the event normal ` ` operation is restored prior to the expiration of the ` ` 30day period, the licensee will so notify the FCC ` ` of this date. If the causes beyond the control of the ` ` licensee make it impossible to comply within the ` ` allowed period, informal written request shall be made ` ` to the FCC no later than the 30th day for such additional  X4` ` time as may be deemed necessary."#x6X@K>^X@# and 73.17501Z XG4ԍ#o\  PC3XP##XP\  P6Q3XP#Section 73.1750 provides: ` ` "The licensee of each station shall notify the ` ` FCC in Washington, D.C. of permanent discontinuance ` ` of operation at least two days before operation ` ` is discontinued. Immediately after discontinuance ` ` of operation, the licensee shall forward the station ` ` license and other instruments of authorization to  X4` ` the FCC, Washington, D.C. for cancellation."#x6X@K>^X@#ѣ 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, Under His Direction, Inc. IS DIRECTED TO SHOW CAUSE why the license for KUHD(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:  X14` ` (1)  To determine whether Under His Direction, Inc. has the ` `  capability and intent to expeditiously resume the broadcast  X 4  operations of KUHD(AM), consistent with the Commission's  X 4` `  Rules." 0*((v "Ԍ X4ԙ` ` (2)  To determine whether Under His Direction, Inc. has ` `  violated Sections 73.1740 and/or 73.1750 of the ` `  Commission's Rules.  X4` ` (3) To determine, in light of the evidence adduced pursuant to  X4` `  the foregoing issues, whether Under His Direction, Inc. ` `  is qualified to be and remain the licensee of KUHD(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 his 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  X4business, and an appropriate Order shall be entered.Z Xh4ԍ#o\  PC3XP##XP\  P6Q3XP#The Mass Media Bureau has been delegated authority to issue Revocation Orders in  XQ4cases involving silent broadcast stations. See Radio Northwest Broadcasting Company, 4 FCC  X:4Rcd 596 n.3 (1989).#x6X@K>^X@#ё 6. IT IS FURTHER ORDERED, That, if it is determined that the hearing record does not warrant an Order revoking the license for KUHD(AM), Port Neches, Texas 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 73.561 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 73.561 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 ""K0*(( "Ԍcourse, 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  X 4` `  Mass Media Bureau#:s2PkC XP#