*Pages 1--9 from Microsoft Word - 9034.doc* Federal Communications Commission FCC 01- 159 Before the Federal Communications Commission Washington, D. C. 20554 In re Peninsula Communications, Inc. Applications for Renewal of License for FM Translator Stations K272DG and K285EG, Seward, Alaska; K285EF, Kenai, Alaska; K283AB, Kenai/ Soldotna, Alaska; K257DB, Anchor Point, Alaska; K265CK, Kachemak City, Alaska; K272CN, Homer, Alaska; and K274AB and K285AA, Kodiak, Alaska And Applications to Assign the Licenses of K272DG and K285EG, Seward, Alaska; K285EF, Kenai, Alaska; K283AB, Kenai/ Soldotna, Alaska; K257DB, Anchor Point, Alaska; K265CK, Kachemak City, Alaska; K272CN, Homer, Alaska; and K274AB and K285AA, Kodiak, Alaska From Peninsula Communications, Inc. to Coastal Broadcast Communications, Inc. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) File Nos. BRFT- 951124UT, YU, YW, ZE through ZH, ZJ, ZK; BRFT- 970930U5, YA through YH Facility ID Nos.: 52161, 52155, 52151, 52164, 52160, 52158, 52162, 52154 and 52148 File Nos. BALFT- 970701TR through TZ MEMORANDUM OPINION AND ORDER AND ORDER TO SHOW CAUSE Adopted: May 10, 2001 Released: May 18, 2001 By the Commission: 1. In this Order, we dismiss as untimely a pleading styled “Rejection of Conditional License Renewal and Assignment of License Grants,” filed on March 15, 2000, by Peninsula Communications, Inc. (“ Peninsula”). We also, on our own motion: (1) rescind the 1995 and 1997 conditional grants of the above-captioned renewal applications; (2) rescind the conditional grants of the above- captioned assignment applications; (3) dismiss the 1995 and 1997 renewal applications, cancel the call signs and terminate the operating authority for the translator stations K285EF, Kenai; K283AB, Kenai/ Soldotna; K257DB, Anchor Point; K265CK, Kachemak City; K272CN, Homer; and K274AB and K285AA, Kodiak; (4) grant unconditionally the above- captioned renewals for translator stations K272DG and K285EG, Seward; and (5) order Peninsula pursuant to section 316 of the Communications Act of 1934, as amended (the “Act”), 47 U. S. C. § 316, to show cause why its licenses for translators K272DG and K285EG, Seward, should not 1 Federal Communications Commission FCC 01- 159 2 be modified. 1 Our reasons follow. I. Background 2. This case primarily involves our eligibility and signal delivery requirements for FM translators, which appear in 47 C. F. R. §§ 74.1231( b), 74.1232( d). Briefly, those provisions provide that other- area or non- fill- in translators may only retransmit primary FM station signals received by the translator directly over- the- air and that authorization for an “other- area” or “non- fill- in” translator will not be granted to persons interested in or connected with the commercial “primary FM station.” 2 These rules became effective on June 1, 1991, with pre- existing translators required to comply no later than June 1, 1994. 3 As the Commission explained in establishing these rules, translators are intended to provide “supplementary service to areas in which direct reception of FM radio broadcast stations is unsatisfactory due to distance or intervening terrain barriers,” and the governing rules are meant “to ensure that the translator service does not adversely affect the operation of FM radio broadcast operations.” Amendment of Part 74 of the Commission’s Rules Concerning FM Translator Stations, supra note 3, 8 FCC Rcd at 5093. 3. Peninsula is the licensee and assignor of the captioned FM translator stations K272DG and K285EG Seward; K285EF, Kenai; K283AB, Kenai/ Soldotna; K257DB, Anchor Point; K265CK, Kachemak City; K272CN, Homer; and K274AB and 285AA, Kodiak, Alaska. Peninsula’s nine translator stations are all non- fill- in stations that rebroadcast primary stations licensed to Peninsula. 4 The Seward translators, K272DG and K285EG, have received and continue to receive their primary stations’ signals for rebroadcast by methods other than directly over- the- air. In addition, as explained herein, the Seward translators are operating in conformance with our rules pursuant to waivers, while the seven remaining translators are operating in violation of our translator rules and, except for the Kodiak translators, 5 have been since at least June 1, 1994. 1 As explained herein, we believe the Seward translators currently have the benefit of waivers of sections 73.1231( b) and 73.1232( d) of the Commission’s rules, which we believe can best be addressed by following the procedures set forth in section 316 of the Act and section 1.87 of the Commission’s rules. 2 An “other- area” or “non- fill- in” translator is one whose coverage contour extends beyond the protected service contour of its primary station. See 47 C. F. R. §74.1201( h) and (i). A “primary” FM station is the station whose signal a translator retransmits. 47 C. F. R §74.1201( d). 3 See Amendment of Part 74 of the Commission’s Rules Concerning FM Translator Stations, 5 FCC Rcd 7212 (1990), modified, 6 FCC Rcd 2334 (1991), recon. denied, 8 FCC Rcd 5093 (1993). 4 The Kodiak translators ceased rebroadcasting Peninsula’s KPEN- FM, Soldotna and KWVV- FM, Homer, Alaska on November 12, 1997, and remained silent between that date and October 29, 1998. On October 29, 1998, the Kodiak translators began rebroadcasting the signal of a noncommercial FM translator in Kodiak in accordance with our translator rules. See December 1998 MO& O, 13 FCC Rcd at 23998 n. 13. However, according to a “Request for Investigation,” filed February 12, 2001, by Kodiak Island Broadcasting Company, Inc. (“ KIB”), licensee of stations KVOK and KRXX( FM), Kodiak, the Kodiak translators again began to rebroadcast Peninsula’s stations KPEN- FM and KWVV- FM in late January 2001. KSRM, Inc., licensee of stations KSRM, Soldotna, and KWHQ( FM), Kenai, filed comments in support of KIB’s request on February 15, 2001. On March 15, 2001, Peninsula responded to KIB’s “Request for Investigation” and reported that the Kodiak translators had recently recommenced the rebroadcast of stations KPEN- FM and KWVV- FM. 5 See footnote 4, supra. 2 Federal Communications Commission FCC 01- 159 3 4. On November 24, 1995, Peninsula filed license renewal applications for the nine translator stations (“ 1995 renewal applications”). On September 11, 1996, the staff, in addressing petitions to deny filed against six of the nine 1995 renewal applications, 6 determined that Peninsula had operated the non-Seward translator stations in violation of our translator rules’ ownership restrictions since June 1, 1994. See 47 C. F. R. § 74.1232( d). The staff also concluded that, although the Seward translator stations had previously received waivers of this rule, continued waivers were not warranted. Finally, the staff deferred action on the 1995 renewal applications for a period of 60 days to allow Peninsula to file assignment applications for the nine translators in order to come into compliance with 47 C. F. R. § 74.1232( d). See Letter to Jeffrey D. Southmayd, Esq., Ref. No. 1800B4- AJS (Chief, Audio Services Division, Mass Media Bureau, September 11, 1996) (“ September 1996 letter”). Ultimately, acceptable assignment applications were filed on July 1, 1997. 7 5. On November 6, 1997, the staff granted the applications to assign the licenses for all nine translators. So that the assignments could go forward, the staff also granted all nine 1995 renewal applications, conditioned upon consummation of the authorized assignments. Finally, the staff conditioned consummation of the assignments on grant of the recently- filed 1997 renewal applications. See Letter to Jeffrey D. Southmayd, Esq., Ref. No. 1800B3- BSH (Chief, Audio Services Division, Mass Media Bureau, November 6, 1997) (“ November 1997 staff decision”). The November 1997 staff decision stated that failure to meet the divestiture condition would render grant of the 1995 renewal applications null and void. Peninsula did not seek reconsideration or review of the November 1997 staff decision. However, Cobb Communications, Inc., Glacier Communications, Inc., KSRM, Inc., and King Broadcasters, Inc. (collectively referred to as “Petitioners”) filed both a petition for reconsideration and an application for review of the November 1997 staff decision. As was the case with respect to the 1995 renewal applications, Petitioners did not challenge the license renewals or assignments for K257DB, Anchor Point; K265CK, Kachemak City; or K272CN, Homer. 6. In December 1998, the Commission dismissed and denied, respectively, Petitioners’ petition for reconsideration and their application for review. Peninsula Communications, Inc., 13 FCC Rcd 23992 (1998) (“ December 1998 MO& O”). Essentially, Petitioners had argued that the staff should have revoked Peninsula’s licenses because of the rule violations and that the staff erred in concluding instead that Peninsula could sell the subject translator stations. In our decision, we noted that, in the absence of an unresolved basic character qualification issue, “there can be no doubt as to the Commission’s authority to cure or remedy [the violation of the ownership restrictions] by granting the renewal applications conditioned on divestiture of the translators.” December 1998 MO& O, 13 FCC Rcd at 23996. In the December 1998 MO& O, we also granted Peninsula’s 1997 renewal applications, 8 6 The six challenged translator stations were K272DG and K285EG, Seward: K285EF, Kenai; K283AB, Kenai/ Soldotna; and K274AB and K285AA, Kodiak. 7 Peninsula and Coastal Broadcast Communications, Inc. (“ Coastal”) originally filed applications to assign the nine translator stations on November 14, 1996. Those applications were dismissed as patently not in accordance with the Commission’s rules. See Letter to Jeffrey D. Southmayd, Esq., et. al., Ref. No. 1800B3- BSH (Chief, Audio Services Division, Mass Media Bureau, June 17, 1997) (“ June 1997 Staff Decision”). The June 1997 Staff Decision afforded the parties ten business days to file assignment applications that would fully comply with the Commission’s rules. Peninsula and Coastal then filed the above captioned assignment applications. 8 The brevity of the time period between the filing of the 1995 and 1997 renewal applications was the result of the Commission’s decision to modify FM translator license terms to run concurrently with the terms of (continued….) 3 Federal Communications Commission FCC 01- 159 4 conditioned on consummation of the authorized assignments, and denied requests for waiver of 47 C. F. R. § 74.1231( b), the over- the- air delivery restrictions, filed by Coastal for the Kodiak translators. However, with respect to the Seward translators, we determined that discontinuation of the previously granted waivers of 47 C. F. R. § 74.1231( b) would require termination of the operations of those translators and would not serve the public interest at that time since the translators provided Seward’s only FM service. We noted that a construction permit had been issued to William M. Holzheimer, one of the principals of Glacier Communications, Inc., for a new FM station in Seward. In regard thereto, we stated that, if and when that full service FM station commenced operation, we “may consider whether the circumstances under which the waivers were granted have so changed as to warrant termination of the Seward translator operations.” See December 1998 MO& O, 13 FCC Rcd at 23997- 99. 7. Peninsula and Glacier sought reconsideration of the December 1998 MO& O. Peninsula disputed the conditional grants of the 1995 and 1997 renewal applications. It also contested the determination that the seven subject translators other than the ones in Seward had been operating in violation of 47 C. F. R. § 74.1232( d) since June 1, 1994 and the determination that continued waiver of 47 C. F. R. § 74.1232( d) was not warranted for the two Seward translators. In addition, Peninsula, but not Coastal, requested reconsideration of the denial of requests for waivers of 47 C. F. R. § 74.1231( b) for the Kodiak translators. Finally, Peninsula objected to our statement that we would consider whether to terminate the Seward translators’ 47 C. F. R. § 74.1231( b) waivers if and when an unbuilt, full service FM station authorized in Seward commenced operations. Glacier argued that Peninsula’s waivers of the over-the- air reception rule, 47 C. F. R. § 74.1231( b), should be discontinued for the Seward translators. 8. On February 14, 2000, we dismissed Peninsula’s petition for reconsideration of the December 1998 MO& O. Peninsula Communications, Inc., 15 FCC Rcd 3293 (2000) (“ February 2000 MO& O”). We ordered Peninsula to consummate the authorized assignments within thirty days of the decision, and we directed the staff to rescind the conditional grants of the 1995 and 1997 license renewal applications, cancel the relevant call signs and terminate the translators’ operating authority if Peninsula did not comply with the divestiture requirement. February 2000 MO& O, 15 FCC Rcd at 3294. We also granted Mr. Holzheimer’s application for a license to cover the construction permit for full power FM station KPFN( FM), Seward, Alaska and terminated the waivers of the 47 C. F. R. § 74.1231( b) signal delivery rule for the subject Seward translators effective 60 days from the release date of the order. Id. at 3295- 96. In so doing, we took note of Glacier’s argument that the Peninsula translators were taking radio revenues out of the small community of Seward, creating financial difficulties for the new FM full service station, KPFN( FM), and we concluded that permitting Peninsula to continue to deliver a distant signal to Seward would be a clear detriment to the continued viability of full service broadcast stations licensed to Seward. Id. On February 23, 2000, Peninsula filed with the Commission a motion to stay the effect of the December 1998 MO& O and the February 2000 MO& O pending the filing and resolution of an appeal it intended to file. 9 9. On March 8, 2000, Peninsula filed an appeal of the Commission’s February 2000 MO& O with the United States Court of Appeals for the District of Columbia Circuit (“ Court”). That same day, (Continued from previous page) FM primary stations. See In the Matter of Modifying Renewal Dates for Certain Stations Licensed under Part 74 of the Commission’s Rules and Revising FCC Form 303- S, Report and Order, 9 FCC Rcd 6504 (1994). 9 In a supplement to that motion, filed on March 3, 2000, Peninsula attached a letter from Coastal. That letter made plain that Coastal was no longer willing to buy Peninsula’s translators for the price agreed upon in 1996. 4 Federal Communications Commission FCC 01- 159 5 Peninsula filed an Emergency Motion for Stay of the February 2000 MO& O with the Court arguing, inter alia, that, pursuant to 47 U. S. C. § 309( k), the Commission was required to grant its renewal applications unconditionally and that its operating authority could be terminated only after a hearing pursuant to 47 U. S. C. § 312. 10 On March 14, 2000, the Court denied Peninsula’s Emergency Motion for Stay. On March 15, 2000, Peninsula filed with the Commission the pleading now before us, a “Rejection of Conditional License Renewal and Assignment of License Grants.” By order dated July 11, 2000, the Court dismissed Peninsula’s appeal without prejudice to refiling following the Commission’s resolution of the “Rejection of Conditional License Renewal and Assignment of License Grants.” 10. Peninsula’s “Rejection of Conditional License Renewal and Assignment of License Grants” is premised on 47 C. F. R. § 1.110. Section 1.110 provides that, “[ w] here the Commission without a hearing grants any application in part, or with any privileges, terms, or conditions other than those requested,… the action of the Commission shall be considered as a grant of such application unless the applicant shall within 30 days from the date on which such grant is made… file with the Commission a written request rejecting the grant as made. Upon receipt of such request, the Commission will vacate its original action upon the application and set the application for hearing in the same manner as other applications are set for hearing.” In its pleading, Peninsula rejects the action of the Commission granting Peninsula’s 1995 and 1997 license renewal applications conditioned on divestiture of the translator licenses and “upon the other conditions contained in the orders.” Peninsula also states that it rejects the staff’s grant of the 1997 assignment applications “subject to the conditions modifying the licenses for the two Seward stations, and the other conditions placed thereon.” Peninsula asserts that, pursuant to 47 C. F. R. § 1. 110, the Commission must now vacate its original action on the applications and set the applications for hearing. Peninsula states that it considers the Commission’s actions in the December 1998 MO& O and February 2000 MO& O “vacated ab initio as of this date, null, void, and of no further force and effect, and requiring no further action by Peninsula in accordance therewith.” Peninsula continues to operate the subject nine translator stations. II. Discussion 11. After carefully considering all the circumstances, we believe that Peninsula’s invocation of 47 C. F. R. § 1.110 is untimely and warrants dismissal. Peninsula’s “Rejection of Conditional License Renewal and Assignment of License Grants” was not filed until more than two years after conditional grants of the 1995 renewal applications and 1997 assignment applications, which occurred as a result of the November 1997 staff decision. Peninsula did not seek reconsideration of the November 1997 staff decision. Rather, Peninsula actually accepted and endorsed the November 1997 conditional grants of the 1995 renewal applications observing that the conditional grants were “fair and consistent with the facts and existing legal precedent for approving such applications.” See Peninsula’s December 30, 1997 Opposition to Application for Review, at page 8. 47 C. F. R. § 1.110 "does not allow applicants first to 10 47 U. S. C. § 309( k)( 1) sets forth the standards the Commission must reference in determining whether to renew a license for a broadcast station. Section 309( k)( 2) of the Act provides that if the licensee fails to meet one of the renewal standards, the Commission may grant the application subject to appropriate terms and conditions. That section, in conjunction with section 309( k)( 3), alternatively provides that the Commission may deny the renewal application after a hearing. As our discussion in paragraph 13, infra, makes clear, we believe that the staff’s imposition of a divestiture condition upon Peninsula was necessary to correct the serious, ongoing violations of our translator rules with respect to the translators in Anchor Point, Kachemak City, Homer, Kenai, and Kodiak. Finally, inasmuch as we are granting unconditional renewals for the Seward translators, Peninsula’s section 309( k) argument relative to those licenses is now moot. 5 Federal Communications Commission FCC 01- 159 6 accept a partial grant, yet later to seek reconsideration of its conditions." Tribune Company v. FCC, 133 F. 3d 61, 66 (D. C. Cir. 1998), citing Central Television, Inc. v. FCC, 834 F. 2d 186, 190 (D. C. Cir. 1987). An applicant must file a written request rejecting a conditional grant within 30 days from the date on which the conditional grant is made; otherwise, the action of the Commission shall be considered as a grant of the application and that grant is not subject to appeal by the applicant. See Mobile Communications Corporation of America v. FCC, 77 F. 3d 1399, 1404 (D. C. Cir. 1996), cert. denied, 117 S. Ct. 81 (1996), citing Central Television, Inc. v. FCC, 834 F. 2d 186, 190- 91 (D. C. Cir. 1987). Accordingly, we find the “Rejection of Conditional License Renewal and Assignment of License Grants” at issue here to be untimely, and it is hereby dismissed. 11 See 47 C. F. R. § 1.110; see also Capital Telephone Co. v. FCC, 498 F. 2d 734, 740 (1974). 12. In light of the dismissal of Peninsula’s belated “Rejection of Conditional License Renewal and Assignment of License Grants,” we must now determine the fate of Peninsula’s translators. In this regard, the failure to consummate the assignments, coupled with Coastal’s apparent unwillingness to go forward with the assignments at any time in the foreseeable future, compels the conclusion that the conditions attached to the grants of Peninsula’s 1995 and 1997 renewals were not (and likely will never be) met. Consistent with the February 2000 MO& O, we could rescind the 1995 and 1997 renewal grants and order Peninsula’s translators off the air immediately. However, we believe our ultimate decision should account for the different factual circumstances attending the different sets of translators. Accordingly, on our own motion, we are modifying our February 2000 MO& O as set forth in this Order. 12 13. K257DB, Anchor Point; K265CK, Kachemak City; K272CN, Homer; K285EF, Kenai; K283AB, Kenai/ Soldotna; and K274AB and K285AA, Kodiak. The staff correctly concluded in 1996 that Peninsula had been operating these facilities contrary to the requirements of 47 C. F. R. § 74. 1232( d) since June 1, 1994. See September 1996 letter. To rectify this situation, the November 1997 staff decision expressly conditioned grant of the translator stations’ 1995 renewal applications on consummation of their assignment to Coastal. 13 As noted, consummation of the assignments has not occurred and will not occur. Thus, Peninsula has not fulfilled the condition notwithstanding our explicit warning that its failure to divest would result in rescission of the grants of the 1995 and 1997 renewal applications. See February 2000 MO& O, 15 FCC Rcd at 3294. Accordingly, as to these stations, we rescind the conditional grants of the 1995 and 1997 renewal applications, rescind the 1997 conditional assignment grants, dismiss the 1995 renewal applications and dismiss, as moot, the 1997 assignment applications and 1997 renewal applications. 14 P& R Termer v. FCC, 743 F. 2d 918, 928 (D. C. Cir. 1984) (termination of license for failure to meet license condition did not require hearing). Finally, inasmuch as Peninsula’s authority to 11 In light of our disposition of the 1995 renewal applications, we need not address the effect of Peninsula’s rejection with respect to the 1997 renewal applications. See paragraphs 13- 14, infra. 12 In light of our decision to modify our prior order, we do not believe enforcement action with respect to our prior order is warranted. We instruct the staff to move quickly and strongly, however, to recommend or take appropriate enforcement action if there is any non- compliance with the provisions of this order. 13 Although the Petitioners filed a petition for reconsideration and application for review of the November 1997 staff decision with respect to six of the nine subject translators, Peninsula did not timely contest the November 1997 staff decision. 14 As consummation of the authorized assignments has not occurred and will not occur, we also rescind the 1997 conditional assignment grants for stations K272DG and K285EG, Seward, and we dismiss, as moot, the 1997 assignment applications for those Seward translator stations. 6 Federal Communications Commission FCC 01- 159 7 operate these translators has expired, Peninsula must cease operations by 12: 00 midnight the day after release of this Order. Further operations by Peninsula after this time may subject it to serious sanctions, including but not limited to forfeitures under section 503( b) of the Act. See also 47 U. S. C. §§ 401, 501 and 502. 14. K272DG and K285EG, Seward (“ Seward translators”). The procedural posture of the Seward translators is akin to that of the other seven translators. However, there is one significant difference. In this regard, the staff had explicitly granted Peninsula waivers of 47 C. F. R. §§ 74.1231( b) and 74.1232( d), waivers that we declined to rescind in our December 1998 MO& O because of concerns about loss of FM programming to the public. At the same time, however, we also indicated that commencement of operations by a new full service FM station in Seward would justify review of the situation to determine whether the waivers should continue. In our February 2000 MO& O, we ordered termination of the Seward waivers within 60 days of the release of that order in light of the commencement of operations of KPFN( FM), Seward. Peninsula has challenged this result in Court and we believe that section 316 of the Act affords the most direct and expedient means of resolving the matter. 15 Accordingly, we will grant unconditionally Peninsula’s 1995 and 1997 renewals for the Seward translators. In addition, pursuant to section 316 of the Act, we will order Peninsula to show cause why its Seward translators’ licenses should not be modified to discontinue the previously granted waivers of 47 C. F. R. §§ 74.1231( b) and 74.1232( d). Should Peninsula protest the proposed order of modification, we intend to rule on the matter expeditiously. 16 If Peninsula’s licenses are modified, 17 we expect it to operate the translators in accordance with those authorizations, and, if it is unable to do so, to terminate their operation immediately. III. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that Peninsula Communications, Inc. ’s “Rejection of Conditional License Renewal and Assignment of License Grants” IS DISMISSED. 16. IT IS FURTHER ORDERED that the conditional grants of the 1995 and 1997 renewal applications filed by Peninsula Communications, Inc. for translator stations K257DB, Anchor Point, Alaska; K265CK, Kachemak City, Alaska; K272CN, Homer, Alaska; K285EF, Kenai, Alaska; K283AB, Kenai/ Soldotna, Alaska; K274AB and K285AA, Kodiak, Alaska; and K272DG and K285EG, Seward, Alaska, ARE RESCINDED. 17. IT IS FURTHER ORDERED that the conditional grants of the 1997 applications to assign the licenses for translator stations K257DB, Anchor Point, Alaska; K265CK, Kachemak City, Alaska; 15 Section 316 of the Act allows us to modify a license following notification to the licensee and according the licensee 30 days within which to protest the proposed order of modification. See also 47 C. F. R. § 1.87. 16 Any order modifying Peninsula’s licenses will be issued by the Commission. If there are substantial and material questions of fact requiring a hearing pursuant to section 316( a)( 3) of the Act, the Mass Media Bureau shall designate the matter for hearing. The staff may also decide not to modify the licenses on delegated authority. 17 We are aware that termination of the waivers of the over- the- air delivery restrictions for the Seward translators may result in termination of service to a number of Alaskan citizens who claim that the service provided by these translators is critical and that the full- service AM and FM stations licensed to Seward will not be adequate substitutes. See Peninsula’s March 6, 2000, Statement for the Record with attached letters. 7 Federal Communications Commission FCC 01- 159 8 K272CN, Homer, Alaska; K285EF, Kenai, Alaska; K283AB, Kenai/ Soldotna, Alaska; K274AB and K285AA, Kodiak, Alaska; and K272DG and K285EG, Seward, Alaska, from Peninsula Communications, Inc. to Coastal Broadcast Communications, Inc. ARE RESCINDED. 18. IT IS FURTHER ORDERED that the 1995 and 1997 renewal applications filed by Peninsula Communications, Inc. for translator stations K257DB, Anchor Point, Alaska; K265CK, Kachemak City, Alaska; K272CN, Homer, Alaska; K285EF, Kenai, Alaska; K283AB, Kenai/ Soldotna, Alaska; and K274AB and K285AA, Kodiak, Alaska, ARE DISMISSED. 19. IT IS FURTHER ORDERED that the 1997 applications to assign the licenses for translator stations K257DB, Anchor Point, Alaska; K265CK, Kachemak City, Alaska; K272CN, Homer, Alaska; K285EF, Kenai, Alaska; K283AB, Kenai/ Soldotna, Alaska; and K274AB and K285AA, Kodiak, Alaska, from Peninsula Communications, Inc. to Coastal Broadcast Communications, Inc. ARE DISMISSED. 20. IT IS FURTHER ORDERED that call signs for translator stations K257DB, Anchor Point, Alaska; K265CK, Kachemak City, Alaska; K272CN, Homer, Alaska; K285EF, Kenai, Alaska; K283AB, Kenai/ Soldotna, Alaska; and K274AB and K285AA, Kodiak, Alaska, ARE DELETED. 21. IT IS FURTHER ORDERED that Peninsula Communications, Inc. SHALL TERMINATE OPERATIONS for translator stations K257DB, Anchor Point, Alaska; K265CK, Kachemak City, Alaska; K272CN, Homer, Alaska; K285EF, Kenai, Alaska; K283AB, Kenai/ Soldotna, Alaska; and K274AB and K285AA, Kodiak, Alaska, effective at 12: 00 midnight on the day after release of this Order. 22. IT IS FURTHER ORDERED that the 1995 and 1997 renewal applications filed by Peninsula Communications, Inc. for translator stations K272DG and K285EG, Seward, Alaska, ARE GRANTED UNCONDITIONALLY. 23. IT IS FURTHER ORDERED that the 1997 applications to assign the licenses for translator stations K272DG and K285EG, Seward, Alaska, from Peninsula Communications, Inc. to Coastal Broadcast Communications, Inc. ARE DISMISSED. 24. IT IS FURTHER ORDERED that, pursuant to 47 U. S. C. § 316( a) and 47 C. F. R. § 1.87, Peninsula Communications, Inc., IS DIRECTED TO SHOW CAUSE why the licenses for translator stations K272DG and K285EG, Seward, Alaska, SHOULD NOT BE MODIFIED: [1.] To terminate waivers of 47 C. F. R. § 74.1231( b); and [2.] To terminate waivers of 47 C. F. R. § 74.1232( d). 25. Pursuant to 47 C. F. R. § 1.87, Peninsula Communications, Inc. may, not later than 30 days from the release of this Order, file a written protest showing with particularity why the licenses for translator stations K272DG and K285EG, Seward, Alaska, should not be modified as proposed. Any protest will be considered fully before the Commission decides whether to modify the subject licenses. If a hearing is deemed necessary because the protest raises a substantial and material question of fact, the Mass Media Bureau shall designate such hearing in a subsequent order. If no protest is filed by the date referenced above, Peninsula Communications, Inc. will be deemed to have consented to the modification as proposed and the Commission will issue a final order to that effect. 8 Federal Communications Commission FCC 01- 159 9 26. IT IS FURTHER ORDERED that the Mass Media Bureau SHALL SEND, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a copy of this Memorandum Opinion and Order and Order to Show Cause to: Peninsula Communications, Inc. c/ o Jeffrey D. Southmayd, Esquire Southmayd & Miller 1220 19 th Street, N. W., Suite 400 Washington, D. C. 20036 Peninsula Communications, Inc. Post Office Box 109 Homer, Alaska 99603 Chester P. Coleman and Phoenix Broadcasting, Inc. 18 c/ o David Tillotson, Esquire 4606 Charleston Terrace, N. W. Washington, D. C. 20007 Kodiak Island Broadcasting Company, Inc. c/ o Henry A. Solomon, Esquire Garvey, Schubert & Barer 1000 Potomac Street, N. W., 5 th Floor Washington, D. C. 20007 KSRM, Inc. c/ o Peter Gutmann, Esquire Pepper & Corazzini, L. L. P. 1776 K Street, N. W., Suite 200 Washington, D. C. 20006 FEDERAL COMMUNICATIONS COMMISSION Magalie Román Salas Secretary 18 Mr. Coleman and Phoenix are successors in interest to King Broadcasters, Inc. and Glacier Communications, Inc., two of the Petitioners first identified in paragraph 5, supra. 9