Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices 27985 

FEDERAL COMMUNICATIONS 

COMMISSION 

[MB Docket No. 18–139; FCC 18–56] 

Family Voice Communications, LLC, 

Application for Renewal of License of 

FM Radio Station KLSX(FM), Rozet, WY 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: This document commences a 

hearing to determine whether the 

application filed by Family Voice 

Communications, LLC to renew its 

license for radio station KLSX(FM), 

Rozet, Wyoming, should be granted. The 

application has been designated for 

hearing based on the station’s extended 

periods of silence since its first day of 

claimed operation on November 8, 2010. 

DATES: Persons desiring to participate as 

parties in the hearing shall file a 

petition for leave to intervene not later 

than July 16, 2018. 

ADDRESSES: File documents with the 

Office of the Secretary, Federal 

Communications Commission, 445 12th 

Street SW, Washington, DC 20554, with 

a copy mailed to each party to the 

proceeding. Each document that is filed 

in this proceeding must display on the 

front page the docket number of this 

hearing, ‘‘MB Docket No. 18–139.’’ 

FOR FURTHER INFORMATION CONTACT: 

Albert Shuldiner, Media Bureau, (202) 

418–2700. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Hearing Designation 

Order (Order), MB Docket No. 18–139, 

FCC 18–56, adopted May 4, 2018, and 

released May 7, 2018. The full text of 

the Order is available for inspection and 

copying during normal business hours 

in the FCC’s Reference Information 

Center at Portals II, CY–A257, 445 12th 

Street SW, Washington, DC 20554. The 

full text is also available online at 

http://apps.fcc.gov/ecfs/. 

Summary of the Hearing Designation 

Order 

1. The Order commences a hearing 

proceeding before the Commission to 

determine whether the application filed 

by Family Voice Communications, LLC 

(FVC) to renew the license for radio 

station KLSX(FM), Rozet, Wyoming 

(KLSX Renewal Application) should be 

granted pursuant to section 309(k)(1) of 

the Communications Act of 1934 (Act), 

47 U.S.C. 309(k)(1). The KLSX Renewal 

Application is designated for hearing 

based on the station’s record of 

extended periods of silence during and 

following its license term. 

2. A broadcast licensee’s 

authorization to use radio spectrum in 

the public interest carries with it the 

obligation that the station serve its 

community, providing programming 

responsive to local needs and interests. 

Broadcast licensees also are required to 

operate in compliance with the Act and 

the Commission’s rules (Rules). These 

requirements include the obligation to 

transmit potentially lifesaving national 

level Emergency Alert System (EAS) 

messages in times of emergency and to 

engage in periodic tests to ensure that 

their stations are equipped to do so. 

3. The basic duty of broadcast 

licensees to serve their communities is 

reflected in the license renewal 

provisions of the Act. In 1996, Congress 

revised the Commission’s license 

renewal process and the renewal 

standards for broadcast stations by 

adopting section 309(k) of the Act, 47 

U.S.C. 309(k). Section 309(k)(1) of the 

Act, 47 U.S.C. 309(k)(1), provides that 

the Commission shall grant a license 

renewal application if it finds, with 

respect to the applying station, that 

during the preceding license term: (a) 

The station has served the public 

interest, convenience, and necessity; (b) 

there have been no serious violations by 

the licensee of the Act or the Rules; and 

(c) there have been no other violations 

by the licensee of the Act or the Rules 

which, taken together, would constitute 

a pattern of abuse. Section 309(k)(2) of 

the Act, 47 U.S.C. 309(k)(2), provides 

that if a station fails to meet the 

foregoing standard, the Commission 

may deny the renewal application 

pursuant to Section 309(k)(3), 47 U.S.C. 

309(k)(3), or grant the application on 

appropriate terms and conditions, 

including a short-term renewal. Section 

309(k)(3) of the Act, 47 U.S.C. 309(k)(3), 

provides that if the Commission 

determines, after notice and opportunity 

for hearing, that the licensee has failed 

to meet the standard of section 

309(k)(1), 47 U.S.C. 309(k)(1), and that 

no mitigating factors justify the 

imposition of lesser sanctions, the 

Commission shall issue an order 

denying the license renewal application 

for the station. 

4. KLSX(FM) (Station) was licensed as 

a commercial Class C3 FM station 

serving Rozet, Wyoming on November 

8, 2010. However, the Station went 

silent after only one day of claimed 

operation. Filings submitted by FVC 

allege the following operational history 

by the Station since November 8, 2010: 

(a) Silent for 1037 days and operational 

for 23 days during the remaining license 

term from November 9, 2010 to October 

1, 2013; and (b) silent for 1306 days and 

operating for 373 days from October 2, 

2013 to the date of release of the Order 

on May 7, 2018. 

10. Section 309(k)(3) of the Act, 47 

U.S.C. 309(k)(3), requires ‘‘notice and 

opportunity for a hearing as provided in 

subsection (e).’’ Section 309(e), 47 

U.S.C. 309(e), requires a ‘‘full hearing in 

which the applicant and all other 

parties in interest shall be permitted to 

participate.’’ The Commission and 

courts have held that the hearing need 

not be a trial-type evidentiary hearing 

meeting the standards of sections 554 

and 556 of the Administrative 

Procedure Act, 5 U.S.C. 554, 556. The 

Commission has repeatedly observed 

that trial-type hearings impose 

significant burdens and delays, both on 

applicants and the agency. We have 

found no substantial issues of material 

fact or any credibility issues regarding 

these renewal applications. We thus 

believe cases such as this one can be 

appropriately resolved with a ‘‘paper’’ 

hearing. 

11. We have identified no substantial 

and material questions of fact with 

respect to the KLSX Renewal 

Application, which presents only a 

narrow range of issues for Commission 

consideration. Thus, many Subpart B 

rules are facially irrelevant to this 

proceeding. In these circumstances, we 

find that the use of summary procedures 

would expedite the resolution of this 

hearing while affording FVC the full 

hearing required by section 309, 47 

U.S.C. 309, and not placing unnecessary 

burdens on the licensee. Accordingly, 

we find that the following rules are 

either inapplicable to or would serve no 

useful purpose in this proceeding: 47 

CFR 1.221(c)–(h); 1.241–1.253; 1.255– 

1.279; 1.282(a) and (b)(2); 1.297–1.340; 

and 1.352–1.364. 

12. Anyone seeking status as a party 

in interest in this proceeding must file 

a petition to intervene in accordance 

with 47 CFR 1.223(a). Anyone else 

seeking to participate in the hearing as 

a party may file a petition for leave to 

intervene in accordance with 47 CFR 

1.223(b). Any filing in this docket must 

be served in accordance with 47 CFR 

1.211 on all other parties, including 

each person or entity that has filed a 

petition to intervene or petition for 

leave to intervene, pending a ruling on 

each such petition. 

13. FVC shall have the right to seek 

reconsideration of any interlocutory 

action in this proceeding. Accordingly, 

we waive the 47 CFR 1.106(a) restriction 

limiting the filing of a petition for 

reconsideration by FVC of this hearing 

designation order. 

14. FVC shall file in this docket, 

within 30 days of publication of notice 

of the Order in the Federal Register, 


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27986 Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices 

complete copies of the following records 

for the Station (as such records exist as 

of the release date of the Order): (a) All 

station logs for the relevant license term; 

(b) all quarterly issues and programs 

lists for the relevant license term; and 

(c) to the extent not included in the 

station logs, all EAS participant records 

for the relevant license term. FVC may 

not destroy or remove any of such 

records prior to such filing, or redact or 

modify any information in such records 

as they exist as of the release date of the 

Order. In the event that, on or after the 

release date of the Order, FVC creates or 

modifies any documents that it so 

provides, each such document should 

be prominently marked with the date 

that it was created or revised 

(identifying the revision(s)) and FVC 

should include in the sponsoring 

affidavit or declaration an explanation 

of who created or revised the document 

and when he or she did so. We 

otherwise will conduct the hearing 

without discovery, although the 

Commission or its staff may make 

inquiries or conduct investigations 

pursuant to Part 73 of the Rules and any 

reports filed in this docket as a result of 

such inquiries or investigations will 

become part of the record in this 

hearing. 

15. We will take official notice of all 

publicly-available Commission records 

for the Station as part of the record in 

this docket. FVC has the burden of 

proceeding with evidence and the 

burden of proof in this hearing. Within 

60 days of publication of notice of the 

Order in the Federal Register, FVC will 

file a written direct case on the 

designated issues, no longer than 25 

pages, and supported by an affidavit or 

unsworn declaration pursuant to 47 CFR 

1.16. Within 30 days of FVC’s filing, any 

other person granted party status may 

file a responsive submission, no longer 

than 25 pages and supported by an 

affidavit or unsworn declaration. Within 

10 days of the deadline for filing such 

responses, FVC may file a rebuttal 

submission addressing all responses, no 

longer than 10 pages and supported by 

an affidavit or unsworn declaration. 

16. Accordingly, it is ordered, 

pursuant to sections 309(e) and (k)(3) 

and 312(g) of the Communications Act 

of 1934, as amended, 47 U.S.C. 309(e), 

309(k)(3) and 312(g), the captioned 

application for renewal of license for 

Station KLSX(FM) is designated for a 

hearing upon the following issues: (a) 

To determine whether, during the 

preceding license term, (i) the station 

has served the public interest, 

convenience, and necessity, (ii) there 

have been any serious violations by the 

licensee of the Communications Act of 

1934, as amended, or the rules and 

regulations of the Commission, and (iii) 

there have been any other violations of 

the Communications Act of 1934, as 

amended, or the rules and regulations of 

the Commission which, taken together, 

would constitute a pattern of abuse; (b) 

In light of the evidence adduced 

pursuant to issue (a) above, whether the 

captioned application for renewal of the 

license for Station KLSX(FM) should be 

granted on such terms and conditions as 

are appropriate, including renewal for a 

term less than the maximum otherwise 

permitted, or denied due to failure to 

satisfy the requirements of section 

309(k)(1) of the Communications Act of 

1934, as amended, 47 U.S.C. 309(k)(1). 

17. It is further ordered, pursuant to 

section 309(e) of the Communications 

Act of 1934, as amended, 47 U.S.C. 

309(e), and section 1.254 of the 

Commission’s rules, 47 CFR 1.254, that 

the burden of proceeding with the 

introduction of evidence and the burden 

of proof with respect to the issues 

specified in Paragraph 18 of the Order 

shall be on the applicant, Family Voice 

Communications, LLC. 

18. It is further ordered that Family 

Voice Communications, LLC is made a 

party to this proceeding. 

19. It is further ordered that, to avail 

itself of the opportunity to be heard and 

the right to present evidence at a 

hearing in these proceedings, Family 

Voice Communications, LLC shall file 

complete and correct copies of the 

documents described in Paragraph 16 of 

the Order, on or before the date 

specified. If Family Voice 

Communications, LLC fails to file such 

documents for KLSX(FM) within the 

time specified, or a petition to accept, 

for good cause shown, such filing 

beyond the expiration of such period, its 

captioned license renewal application 

for the station shall be dismissed with 

prejudice for failure to prosecute and 

the license of the station shall be 

terminated. 

20. It is further ordered that Family 

Voice Communications, LLC shall, 

pursuant to section 311(a)(2) of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 311(a)(2), and 47 

CFR 73.3594, give notice of the hearing 

within the time and in the manner 

prescribed therein, and thereafter 

submit the statement described in 47 

CFR 73.3594(g). 

21. It is further ordered that a copy of 

this Order shall be sent by Certified 

Mail, Return Receipt Requested, and by 

regular first-class mail to Family Voice 

Communications, LLC, 9004 South 8th 

Drive, Phoenix, AZ 85041, with a copy 

to its counsel of record, Lee J. Peltzman, 

Esq., Shainis & Peltzman Chartered, 

1850 M Street NW, Suite 240, 

Washington, DC 20036. 

22. It is further ordered that the 

Secretary of the Commission shall cause 

to have this Order or a summary thereof 

published in the Federal Register. 

Federal Communications Commission. 

Katura Jackson, 

Federal Register Liaison Officer, Office of the 

Secretary. 

[FR Doc. 2018–12835 Filed 6–14–18; 8:45 am] 

BILLING CODE 6712–01–P 

GENERAL SERVICES 

ADMINISTRATION 

[Notice–QP–2018–03; Docket No. 2018– 

0002; Sequence No. 12] 

Request for Information From Platform 

Providers of Commercial e-Commerce 

Portals 

AGENCY: Office of Enterprise Strategy 

Management, General Services 

Administration (GSA). 

ACTION: Request for information. 

SUMMARY: The General Services 

Administration (GSA) is soliciting 

information from the providers of 

commercial e-Commerce Portals in 

order to complete Phase II of the 

requirements enacted in Section 846 of 

the National Defense Authorization Act 

(NDAA) for Fiscal Year 2018, 

Procurement through Commercial eCommerce Portals. Note: A separate RFI 

is posted for suppliers who sell 

products through commercial ecommerce portal. Throughout the 

design of this program, GSA and the 

Office of Management and Budget 

(OMB) have emphasized open and 

ongoing engagement. The questions in 

this RFI are intended to continue the 

dialogue and to allow GSA and OMB 

both to draft the Phase II report (due to 

Congress in March 2019) and to move 

towards phased implementation later in 

2019. 

DATES: Interested parties may submit 

written comments to 

www.regulations.gov by July 20, 2018. 

GSA is also hosting its second modified 

town-hall style public meeting. This 

meeting is in furtherance of Phase II on 

June 21, 2018, at 8:30 a.m. Eastern 

Standard Time. Further Information for 

the public meeting may be found on the 

Commercial Platform Interact group 

page on https://interact.gsa.gov/group/ 

commercial-platform-initiative and in 

the Federal Register notice (83 FR 

25004) published on May 31, 2018. 

ADDRESSES: Submit comments 

identified by ‘‘Request for information 

from Platform Providers of Commercial 


sradovich on DSK3GMQ082PROD with NOTICES