Before the
Federal Communications Commission DA 96-1611 
Washington, D.C 20554
In the Matter of ) MMDocketNo. 96-200
) L.T. Simes and Raymond Simes ) File No. BR-960201BE
)
) For Renewal of License )
for Station KZOT(AM) ) 
Manama, Arkansas )
HEARING DESIGNATION ORDER 
Adopted: September 17,1996 Released: September 27,1996
By the Assistant Chief, Audio Services Division:
1. The Assistant Chief, Audio Services Division, Mass Media Bureau, has before him 
for consideration: (a) the captioned application for renewal of license filed by L.T. Simes and 
Raymond Simes ("Simes"), licensee of AM Station KZOT, Marianna, Arkansas, and (b) the 
results of an investigation into the station's silent status.1
2. KZOT has been off the air since February 20,1989 when the previous licensee 
suspended operations pursuant to a bankruptcy proceeding. On May 22,1989, the 
Commission approved the application (File No. BAL-890509EC) for involuntary assignment 
of KZOTs license to Daniel K. Schieffler, Trustee in Bankruptcy. The station remained 
silent during the trustee's tenure as interim licensee. On January 28,1993, the Commission 
approved the application (File No. BAL-920518EQ for the voluntary assignment of KZOTs 
license from the trustee to L.T. Simes and Raymond Simes, conditioned upon the resumption 
of station operations within sixty days of the consummation of the transaction. The trustee 
and Simes consummated their transaction in March, 1993, but Simes did not resume station 
operations within the conditioned sixty day period and has not in the three and one-half years 
since consummation restored KZOT to operating status.
3. In its February 1, 1996 renewal application, the licensee states that it received a 
letter early in 1993 from the owner of its transmitter site, notifying L.T. Simes and Raymond 
Simes that they "would have to seek another location for the towers" if they purchased the
'The Mass Media Bureau has been delegated authority to designate for hearing the renewal of license 
applications of silent broadcast stations. See Moenkopi Communications. Inc.. 8 FCC Red 3990 (1993).
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station.2 The licensee indicates that it chose "to attempt to negotiate with the present she 
owners for the use of this facility and simultaneously seek other potential sites." On May 28, 
19%, the licensee filed its request to extend the temporary authorization permitting 
KZOT(AM) to remain silent, noting that it has "not had adequate time to find an alternate tower site."
4. With regard to its pending request to extend its silent authorization, the licensee 
has failed to provide any evidence that it, in the three years following consummation of the 
purchase of the station, either pursued negotiations to regain use of the licensed site or 
engaged in a diligent search for alternate sites. The station has remained silent for over seven 
years, and Simes' failure to return the station to the air in the three years it has been the Commission's licensee of record raises substantial questions, therefore, as to its capability and 
intent to resume broadcast operations. In view of these facts, Simes' current request for 
special temporary authority fails to establish mat causes beyond its control have resulted in 
the facility's continued silence for mis protracted period of time. Therefore, Simes is in- 
apparent violation of Sections 73.1740* and 73.17504 of the Commission's Rules.
:A copy of the she owner's letter, dated March 20,1993, is attached to Simes May 28,1996 request to 
extend the temporary authorization permitting the station's silence;
'Section 73.1740(aX4) provides that
"In the event that causes beyond the control of a licensee 
make ft 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 man 30 days without further authority frommeFCC. 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, me 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 man the 30th day for such additional 
time as may be deemed necessary.11
'Section 73.1750 provides:
"The licensee of each station shall notify the 
FCC in Washington, D.C. of permanent dis
of operation at least two days before operation 
is discontinued Immediately after discontinuance 
of operation, the licensee shall forward the station
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5. Accordingly, IT IS ORDERED, Tliat pursuant to Section 309(e) of the 
Communications Act of 1934; as amended, the renewal of license application of KZOT(AM), 
Manama, Arkansas, IS DESIGNATED FOR HEARING at a time and location to be specified in a subsequent Order, upon the following issues:
(1) To determine whether L.T. Simes and Raymond Simes have the 
capability and intent to expeditiously resume the broadcast 
operations of KZOT(AM), consistent with the Commission's Rules.
(2) To determine whether L.T. Simes and Raymond Simes 
have 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 preceding issues, whether grant of the subject renewal 
of license application would serve the public interest, 
convenience and necessity.
6. IT IS FURTHER ORDERED, That, in the event it is detmnined that grant of the 
renewal of license application would serve the public interest, convenience and necessity, the 
grant will be conditioned on the expeditious resumption of operation, the precise period of 
time to be established in the hearing. Failure to resume operations within the time specified 
in the condition will result in the cancellation of the license and the deletion of the station's 
call letters.
7. IT IS FURTHER ORDERED, That, to inform L.T. Simes and Raymond Simes of 
the issues specified against them, a copy of this Order will be mailed by certified mail/return 
receipt requested to: L.T. Simes and Raymond Simes
Simes & Simes
P.O. Box 2870West Helena, Arkansas 72390
8. IT IS FURTHER ORDERED, That Simes must submit to the presiding 
Administrative Law Judge (with a copy to the Chief; Audio Services Division) within 30 days of the release of mis Order information assessing whether the resumption of the station's 
operations will, including exposure of workers or the general public to levels of RF radiation exceeding specific standards, have a significant environmental impact as defined by 47 C.F.R.
license and other instruments of authorization to 
the FCC, Washington, D.C. far cancellation."
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§ 1.1307.5 If Simes determines that the resumption of operations would be subject to the 
environmental processing guidelines set out in § 1.1307, it must submit an environmental 
assessment containing the information delineated in 47 C.F.R. § 1.1311. In the event the 
Mass Media Bureau determines that Simes' showing confirms that its operations will not have 
a significant impact upon the quality of the human environment, it shall so inform the 
presiding Administrative Law Judge. Failure to provide the required information within the 
specified period will, pursuant to 47 C.F.R § 73.3568(b), result in the application's dismissal 
with prejudice for failure to prosecute.
9. IT IS FURTHER ORDERED, That, pursuant to Section 309(e) 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 LICENSEE, L.T. Simes and Raymond Simes.
10. IT IS FURTHER ORDERED, That, to avail itself of the opportunity to be heard, 
the licensee, pursuant to Section 1.221(c) of the Commission's Rules, SHALL FILE with the 
Commission, in person or by attorney, within twenty (20) days of the receipt of this Order a 
WRITTEN APPEARANCE stating an intention to appear on the date fixed for hearing and to 
present evidence on the issues specified in this Order.
11. IT IS FURTHER ORDERED, That the licensee herein shall^ pursuant to Section 
311(a)(2) of the Communications Act of 1934, as amended, and Section 73.3594 of the 
Commission's Rules, give notice of the hearing within the time and in the manner prescribed 
in such Rules, and shall advise the Commission of the publication of such notice as required 
by Section 73.3594(g) of the Rules.
FEDERAL COMMUNICATIONS COMMISSION
Stuart B. Bedell
Assistant Chief, Audio Services Division
Mass Media Bureau
5See License Renewal Forms & Instructions (March 1995 edition),, at pages 6-7, far specific information 
regarding the required showing.
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