Before the Federal Communications Commission DA 96-1466 Washington, D.C. 20554 In the Matter of ) MM Docket No. 96-184 ) Concord Area Broadcasting ) )Order to Show Cause Why the ) License for Station KRHT(AM) ) Concord, California Should ) Not be Revoked ) ORDER TO SHOW CAUSE AND 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 Concord Area Broadcasting ("Concord") for Concord, California1; and (b) the results of an investigation into the station's silent status.2 2. Concord suspended broadcast operations on January 31, 1993, due to stated financial difficulties and the loss of the lease for its transmitter site. The licensee indicated that it required special temporary authority to remain silent while it reorganized the licensed entity and found a new transmitter site. On June 1, 1993, the staff granted Concord special temporary authority to resolve its problems. 3. On May 20, 1996, Concord requested an eighth extension of this temporary authorization, reporting that discussions were continuing with city officials regarding the utilization of city property for KRHT's proposed 5-tower array. On July 19, 1996, Concord's request was approved for a thirty-day period. The authorization indicated that no further extensions were contemplated absent documentation regarding the licensee's lengthy attempts to secure a suitable transmitter site. 4. On August 15, 1996, Concord requested a ninth extension of its silent authority. 1Concord's license (BR-900815UC, granted July 3, 1991) to operate KRHT(AM) expires December 1, 1997. 2The Mass Media 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). 10477 capability and intent to expeditiously resume the broadcast operations of KRHT(AM), consistent with the Commission's Rules. (2) To determine whether Concord Area Broadcasting 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 Concord Area Broadcasting is qualified to be and remain the licensee of KRHT(AM). 6. 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. 7. IT IS FURTHER ORDERED, That to inform Concord Area Broadcasting of the issues specified against it, copies of this Order will be mailed by certified mail/return receipt requested to: Concord Area Broadcasting 5552 Pamplona Court Concord, California 94521 8. 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 10478 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 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. See Radio Northwest Broadcasting Company. 4 FCC Red 596 n.3 (1989). 10479