Before the
Federal Communications Commission DA 96-1464 
Washington, D.C 20554
In the Matter of ) MM Docket No. 96-182
) Evergreen Media Corporation )
)Order to Show Cause Why the ) 
License for Station KNFL(AM) ) 
Tremonton, Utah Should ) 
Not be Revoked )
ORDER TO SHOW CAUSE
AM2 HEARING 
DESIGNATION ORDER
Adopted: August 26, 1996 Released: August 30, 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 Evergreen Media Corporation ("Evergreen") for 
Tremonton, Utah; and (b) the results of an investigation into the station's silent status.1
2. Evergreen has been the licensee for KNFL(AM) since the September 15, 1993 
consummation (File No. BAL-930719EB, granted August 30, 1993) of its purchase of the 
station from Northern Utah Broadcasting Co., Inc.2 On July 12, 1994, Evergreen requested 
special temporary authority to permit KNFL(AM) to remain silent for "renovation of the 
transmitter and antenna to bring the station into compliance with FCC rules and regulations." 
The staff granted Evergreen's request, authorizing the station to remain silent through 
November 11, 1994. On November 18, 1994, Evergreen sought extension of this temporary 
authority, stating that its engineers continued "to work on bringing the station into 
compliance" but emphasizing that "adverse winter weather conditions" prevented erection of 
KNFL's tower. The staff approved Evergreen's request, extending the terms of the initial 
special temporary authority through March 6, 1995.
3. On March 9, 1995, Evergreen sought second extension of its temporary 
authorization, repeating-its previous argument that "weather and engineering considerations"
1The Mass Media Bureau has been delegated authority to issue and release Show Cause Orders in cases 
involving silent broadcast stations. Sfi£ Pebrine Communications. Ina. 7 FCC Red 2118 (1992).
2The license for KNFL(AM) expires October 1, 1997 (BR-900514YD, granted August 27, 1991).
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delayed completion of construction of KNFL's facilities. The staff again extended Evergreen's 
authority to remain silent, this time through June 17, 1995. Evergreen filed for a third 
extension on June 27, 1995, claiming continued delays from unspecified "engineering 
considerations and difficulty in finding available land." The licensee's request anticipated a 
return to regular broadcast operations by August 31, 1995. The staff extended, given this 
projection, KNFL's temporary authorization through October 6, 1995.
4. Evergreen failed to return KNFL to on-air status by the promised date, and 
requested on October 6, 1995 a fifth extension of its special temporary authority. In this 
request, Evergreen maintained once again that engineering and land availability considerations 
prevented the station's resumption of service. The licensee's request was approved, extending 
KNFL's permission to remain silent through June 5, 1996.
5. We now have under consideration Evergreen's sixth request, filed June 25, 1996, to 
extend the temporary authorization permitting KNFL(AM)'s silence. No progress towards 
resumption of operations is cited, and Evergreen reiterates, without elaboration, that 
"engineering considerations and difficulty in finding available .land continue to hold up any 
progress in returning the station to the air." This request repeats the same justification offered 
in Evergreen's two most recent requests, and fails to demonstrate that broadcast operations 
cannot be resumed for reasons beyond the licensee's control. Thus, KNFL(AM) has been off- 
air for over two years, is not presently authorized to remain silent, and has not demonstrated 
that broadcast operations can be resumed expeditiously. Consequently, Evergreen is in 
apparent violation of Sections 73.1740^X4)* and 73.17504 of the Commission's Rules.
3Section 73.1740(aX4) provides that
"In die event that causes beyond the control of a licensee 
make it impossible to adhere to the operating 
schedule of mis section or to continue operating, the 
station may limit or discontinue operation for a period 
of not more man 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 
30-day period, the licensee will so notify the FCC 
of this dale. 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 
time as may be deemed necessary."
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6. Accordingly, IT IS ORDERED, That pursuant to Sections 312(a) (3) and (4) of the 
Communications Act of 1934, as amended, Evergreen Media Corporation IS DIRECTED TO 
SHOW CAUSE why the license for KNFL(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 Evergreen Media Corporation has the 
capability and intent to expeditiously resume the broadcast 
operations of KNFL(AM), consistent with the Commission's 
Rules.
(2) To determine whether Evergreen Media Corporation 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 Evergreen Media Corporation is 
qualified to be and remain the licensee of KNFL(AM).
7. 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.
8. IT IS FURTHER ORDERED, That to inform Evergreen Media Corporation of the 
issues specified against it, copies of this Order will be mailed by certified mail/return receipt 
requested to:
Evergreen Media Corporation
P.O. Box 1450
St. George, Utah 84771
Henry E. Crawford, Esq.
1150 Connecticut Avenue, N.W/Suite 900
Washington, D.C. 20036
4Section 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
the FCC, Washington, D.C. for cancellation."
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9. IT IS FURTHER ORDERED, That, to avail itself of the opportunity to be hearxl 
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.5
COMMUNICATIONS COMMISSION
Stuart B. Bedell
Assistant Chief, Audio Services Division
Mass Media Bureau
5The Mass Media Bureau has been delegated authority to issue Revocation Orders in cases involving 
silent broadcast stations. Sea Radio Northwest Broadcasting Company. 4 FCC Red 596 n3 (1989).
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