Before the Federal Communications Commission DA 96-1465 Washington, D.G 20554 In the Matter of ) MM Docket No. 96-183 Missouri Valley Productions, Inc.. ) Order to Show Cause Why the )License for Station KLEH(AM) )Anamosa, Iowa Should )Not be Revoked ) ORDER TO SHOW CAUSE AND HEARING DESIGNATIQN ORDER Adopted: August 26,1996 Released: August 30, 19% 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 Missouri Valley Productions, Inc. ("MVPI") for Anamosa, Iowa; and (b) the results of an investigation into the station's silent status.1 2. MVPI has been the licensee for KLEH(AM) since 1985.2 On February 21, 1995, MVPI suspended KLEHs operations when the station's property owner required that the licensee move its studio and tower location. MVPI. requested special temporary authority to remain silent on March 16, 1995, stating that it was "seeking a buyer for the station who will relocate the studio and towers." On March 30,1995, the staff granted MVPFs request, authorizing the station to remain silent and, on two subsequent occasions, extended the period of its silent authorization to June 5,1996. 3. We now have under consideration MVPI's third request, filed June 6, 19%, to extend the temporary authorization permitting KLEH(AM)'s silence. No progress towards resumption of operations is cited, and Evergreen repeats its claim that it continues "to seek a buyer for the station who will relocate the studio and towers." No evidence is presented detailing MVPI's sixteen month search for a buyer for the station, and a review of the public record reveals no applications filed since the station suspended operations to assign, transfer, 1The Mass Madia Bureau has been delegated authority to issue and release Show Cause Orders in cases involving silent broadcast stations. See Debrine Communications, Inc.. 7 FCC Red 2118 (1992). 2The license for KLEH(AM) expires February 1, 1997 (BR-891002VU, granted September 23, 1991). 10151 or modify the station's facilities. Thus, KLEH(AM) has been off-air for seventeen months, is not presently authorized to remain silent, and has not demonstrated mat broadcast operations can be resumed expeditiously. Consequently, MVPI is in apparent violation of Sections 73.1740(aX4y and 73.17504 of the Commission's Rules. 4. Accordingly, IT IS ORDERED, That pursuant to Sections 312(a) (3) and (4) of the Communications Act of 1934, as amended, Missouri Valley Productions, Inc. IS DIRECTED TO SHOW CAUSE why the license for KLEH(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 Missouri Valley Productions, Inc. has the capability and ifltoit to expeditiously resume the broadcast operations of KLEH(AM), consistent with the Commission's Rules. (2) To determine \vhethej Missouri Valley Productions, Inc. has violated 3Section 73.1740(aX4) provides thafe "In the event thai causes beyond the control of a licensee make it impossible to adhere to die 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 §ent to the FCC in Washington, D.C. not later than thi I Oth day of limited or discontinued operation. Swing 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 eviration of the 30-day 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 sueh additional time as may be deemed necessary." 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." 10152 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 Missouri Valley Productions, Inc. is qualified to be and remain the licensee of KLEH(AM). 5. IT IS FURTHER ORDERED, Hiat, 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. 6. IT IS FURTHER ORDERED, That to inform Missouri Valley Productions, Inc. of the issues specified against it, a copy of this Order will be mailed by certified mail/return receipt requested to: Missouri Valley Productions, Inc. P.O. Box 488 Anamosa, Iowa 52205 7. 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 rigfrt to a hearing is waived, the Presiding Judge, or the Chie£ 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.* FEDERAL 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. $ee Radjp, fforthwest Broadcasting Company. 4 FCC Red 596 n.3 (1989). 10153