54880 Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: 3060–0984. 

Title: Section 90.35(b)(2), Industrial/ 

Business Pool and Section 90.175(b)(1), 

Frequency Coordinator Requirements. 

Form No.: N/A. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Business or other for– 

profit. 

Number of Respondents and 

Responses: 7,341 respondents, 7,341 

responses. 

Estimated Time Per Response: 1 hour. 

Frequency of Response: One time 

reporting requirement and third party 

disclosure requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority for this information collection 

is contained in 47 U.S.C. sections 154(i), 

161, 303(g), 303(r), and 332(c)(7). 

Total Annual Burden: 7,341 hours. 

Total Annual Cost: N/A. 

Privacy Act Impact Assessment: N/A. 

Nature and Extent of Confidentiality: 

There is no need for confidentiality. 

Needs and Uses: The Commission 

will submit this expiring information 

collection to the Office of Management 

and Budget (OMB) after this comment 

period to obtain the full three year 

clearance from them. There is no change 

to the one time reporting and/or third 

party disclosure requirements. There is 

no change in the Commission’s burden 

estimates. 

Sections 90.35 and 90.175 require 

third party disclosures by applicants 

proposing to operate a land mobile radio 

station. If they have service contours 

that overlap an existing land mobile 

station they are required to obtain 

written concurrent of the frequency 

coordinator associated with the industry 

for which the existing station license 

was issued, or the written concurrence 

of the licensee of the existing station. 

This requirement will be used by 

Commission personnel in evaluating the 

applicant’s need for such frequencies 

and to minimize the interference 

potential to other stations operating on 

the proposed frequencies. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary, 

Office of the Secretary, 

Office of Managing Director. 

[FR Doc. 2010–22468 Filed 9–8–10; 8:45 am] 

BILLING CODE 6712–01–S 

FEDERAL COMMUNICATIONS 

COMMISSION 

[MB Docket No. 10–157; FCC 10–147] 

Eddie Floyd, Licensee of FM Translator 

Station K273AF, Carson City, NV, 

Facility ID No. 13529; Application of 

Eddie Floyd and Wilks License 

Company-Reno LLC for Assignment of 

License, File No. BALFT– 

20070904ACU; Application of Eddie 

Floyd for Modification of License, File 

No. BMLFT–20071218ABH 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: This document designates a 

hearing to determine whether Eddie 

Floyd is qualified to be and remain the 

licensee of FM Translator Station 

K273AF, Carson City, NV, or whether 

his license should be revoked and the 

pending applications for consent to 

assignment and modification of the 

license should be dismissed. Mr. 

Floyd’s qualifications are under review 

based on his felony conviction relating 

to money laundering and his apparent 

failure to inform the Commission about 

such misconduct in the pending 

applications. The document also 

provides notice of apparent liability 

against Mr. Floyd for failure to disclose 

such information in the pending 

applications. 

DATES: Each party to the proceeding 

(except for the Chief, Enforcement 

Bureau), in person or by counsel, shall 

file with the Commission, by September 

13, 2010, a written appearance stating 

that the party will appear on the date 

fixed for hearing and present evidence 

on the issues specified herein. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: Gary 

Schonman, gary.schonman@fcc.gov, 

Enforcement Bureau, Investigations and 

Hearings Division, (202) 418–1795. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Order to Show Cause, 

Hearing Designation Order and Notice 

of Apparent Liability, FCC 10–147, 

adopted and released on August 5, 2010. 

The full text of this document is 

available for public inspection and 

copying during regular business hours 

in the FCC Reference Center, Federal 

Communications Commission, 445 12th 

Street, SW., CY–A257, Washington, DC 

20554. This document will also be 

available via ECFS (http://www.fcc.gov/ 

cgb/ecfs). (Documents will be available 

electronically in ASCII, Word 97, and/ 

or Adobe Acrobat.) The complete text 

may be purchased from the 

Commission’s copy contractor, 445 12th 

Street, SW., CY–B402, Washington, DC 

20554. To request this document in 

accessible formats (computer diskette, 

large print, audio recording, and 

Braille), send an e-mail to 

fcc504@fcc.gov or call the Commission’s 

Consumer and Governmental Affairs 

Bureau at (202) 418–0530 (voice), (202) 

418–0432 (TTY). 

Synopsis of the Order 

A. Background 

1. Walter Edward Floyd, aka Eddie 

Floyd, has been licensee of Station 

K273AF since August 14, 2001. On 

December 29, 2006, Floyd entered a 

guilty plea in United States District 

Court, District of Nevada to one count 

of violating 18 U.S.C. 1956(a)(1)(B)(I), 

involving money laundering, and one 

count of violating 18 U.S.C. 2, aiding 

and abetting a felony crime, both 

felonies. According to a Memorandum 

of Plea Negotiation, from approximately 

April 19, 2002 to March 24, 2004, Floyd 

provided real property located in Doyle, 

California, to an individual by the name 

of Daren Mabunda for the purpose of 

cultivating marijuana. See United States 

v. Walter Edward Floyd, Criminal No. 

3:06–CR–21–RLH, Memorandum of Plea 

Negotiation, (dated Dec. 22, 2006; 

entered Dec. 29, 2006, U.S. District 

Court, District of Nevada). Floyd drafted 

a fictitious lease for the real property to 

cover payments by Mabunda to Floyd 

for the marijuana operation. Between 

April 22, 2002, and August 18, 2003, 

Floyd received payments from Mabunda 

totaling $37,500, which Floyd deposited 

in his bank accounts. In December 2003, 

Floyd gave Mabunda 400,000 shares of 

stock in a company he owned, ‘‘Nevada 

Matters,’’ in exchange for approximately 

$110,000. In February 2004, Floyd gave 

Mabunda an additional 100,000 shares 

in the company in exchange for $27,500. 

The court found these payments 

constituted money laundering by Floyd 

in the total amount of $175,000. Floyd 

acknowledged in the Memorandum of 

Plea Negotiation that all payments he 

received came from the proceeds of 

Mabunda’s drug trafficking activity, and 

Floyd engaged in the transactions with 

Mabunda in order to conceal and 

disguise the source of the funds. On 

March 30, 2007, Floyd was sentenced to 

48 months in federal prison, to 

commence on June 1, 2007. See United 

States v. Walter Edward Floyd, Criminal 

No. 3:06–CR–0021–RLH–RAM, 

Judgment, at 1–2 (Mar. 30, 2007). He 

was released by the Federal Bureau of 

Prisons on May 21, 2010, and is 

currently under the jurisdiction of the 

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Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices 54881 

U.S. Probation Office on three years of 

supervised release. 

2. On September 4, 2007, after he 

began serving his prison sentence, Floyd 

filed the captioned application on FCC 

Form 345 seeking Commission consent 

to the assignment of the license for 

Station K273AF to Wilks License 

Company-Reno LLC (‘‘Wilks’’). Therein, 

despite his recent felony conviction, 

Floyd responded in the affirmative to 

the following inquiry at Item No. 8: 

Adverse Findings. Licensee/permittee 

certifies that, with respect to the licensee/ 

permittee and any party to the application, 

no adverse finding has been made, nor has 

an adverse final action been taken by an 

court or administrative body in a civil or 

criminal proceeding brought under the 

provisions of any law related to the 

following: any felony; mass media-related 

antitrust or unfair competition; fraudulent 

statements to another government unit; or 

discrimination. 

3. Subsequently, on October 25, 2007, 

Floyd filed an amendment on FCC Form 

345 to his assignment application 

regarding the rebroadcast of another 

station. Again, despite his felony 

conviction, he responded in the 

affirmative to Item No. 8. Thereafter, on 

December 18, 2007, Floyd filed the 

other captioned application on FCC 

Form 350 in which he proposed to make 

technical modifications to the facilities 

of Station K273AF. FCC Form 350 

contains an inquiry at Item No. 8 which 

is substantially similar to the inquiry at 

Item No. 8 of FCC Form 345. Floyd 

responded yet a third time in the 

affirmative, despite his felony 

conviction. Floyd certified to the 

Commission under penalty of perjury in 

each application that the information 

provided therein was true and correct. 

B. Discussion 

4. Section 312(a)(2) of the 

Communications Act of 1934, as 

amended (the ‘‘Act’’), provides that the 

Commission may revoke any license if 

‘‘conditions com[e] to the attention of 

the Commission which would warrant it 

in refusing to grant a license or permit 

on the original application.’’ In addition, 

pursuant to section 309(e) of the Act, 

the Commission is required to designate 

an application for evidentiary hearing if 

a substantial and material question of 

fact is presented regarding whether 

grant of the application would serve the 

public interest, convenience, and 

necessity. The character of the applicant 

is among those factors that the 

Commission considers in its review of 

applications to determine whether the 

applicant has the requisite 

qualifications to operate the station for 

which authority is sought. In assessing 

character qualifications in broadcast 

licensing matters, the Commission 

considers, as relevant, evidence of any 

conviction for misconduct constituting a 

felony. The Commission has found that 

because all felonies are serious crimes, 

any conviction provides an indication of 

an applicant’s or licensee’s propensity 

to obey the law and to conform to 

provisions of both the Act and the 

agency’s rules and policies. 

5. In the instant case, Floyd’s felony 

conviction relating to money laundering 

of proceeds from illegal drug trafficking 

raises serious questions about Floyd’s 

propensity to comply with the 

Commission’s rules and, consequently, 

his basic character qualifications to be 

and remain the licensee of Station 

K273AF. Floyd’s felony conviction also 

raises substantial and material questions 

whether the public interest would be 

served by grant of the two applications. 

6. The courts have recognized that the 

FCC relies heavily on the honesty and 

probity of its licensees in a regulatory 

system that is largely self-policing. 

Misrepresentation and lack of candor 

raise serious concerns as to whether a 

licensee will be truthful in future 

dealings with the Commission. 

Misrepresentation is a false statement of 

fact made with intent to deceive. Lack 

of candor is concealment, evasion, or 

other failure to be fully informative, 

accompanied by intent to deceive. 

Intent can be shown in many ways. If a 

licensee knowingly makes a false 

statement, that is sufficient proof of 

intent to deceive. Intent to deceive can 

also be inferred when one has a clear 

motive to deceive. Moreover, intent can 

be found when the surrounding 

circumstances clearly show the 

existence of intent to deceive, even if 

there is no direct evidence of a motive. 

7. Floyd’s apparent repeated failure to 

disclose his felony conviction in three 

filings with the Commission raises very 

serious questions whether he 

misrepresented material facts to, and/or 

was lacking in candor in his dealings 

with, the Commission, in willful and/or 

repeated violation of § 1.17 of the 

Commission’s rules. The mere existence 

of an inaccuracy in any application, 

without any indication that there was 

intentional deception, is insufficient to 

justify consideration of a 

misrepresentation or lack of candor 

issue in an evidentiary hearing. In this 

case, however, as set forth above, Floyd 

failed to disclose his felony conviction 

in response to a direct question in three 

separate Commission applications. In 

addition, Floyd had a clear motive for 

not revealing his felony conviction to 

the Commission—to conceal 

information that could potentially 

disqualify him as a Commission 

licensee and block the proposed sale of 

Floyd’s translator station to Wilks. 

8. Floyd should have revealed the 

existence of his felony conviction in 

response to the inquiry set forth above 

in each of his three filings with the 

Commission. He did not do so, and, 

instead, certified under penalty of 

perjury that all of the statements therein 

were true, complete, correct, and made 

in good faith even though his filings 

appear to have satisfied none of these 

standards. Such apparent false 

certifications raise additional concerns 

about Floyd’s propensity to deal 

truthfully with the Commission. 

C. Ordering Clauses 

9. Accordingly, It is ordered, pursuant 

to sections 312(a) and (c) of the 

Communications Act of 1934, as 

amended, and § 1.91(a) of the 

Commission’s rules, Eddie Floyd is 

hereby ordered to show cause why his 

license for FM Translator Station 

K273AF, Carson City, NV, should not be 

revoked, in a proceeding before an 

administrative law judge, at a time and 

place to be specified in a subsequent 

order, upon the following issues: 

(a) To determine whether Eddie Floyd 

misrepresented material facts to, and/or 

engaged in a lack of candor before, the 

Commission in his responses to inquiries in 

either one or both of the captioned 

applications for assignment of license (as 

originally filed and as amended) and for 

modification of Station K273AF, in willful 

and/or repeated violation of § 1.17 of the 

Commission’s rules; 

(b) To determine whether Eddie Floyd 

made false certifications in either one or both 

of the captioned applications for assignment 

of license (as originally filed and as 

amended) and of modification of Station 

K273AF; 

(c) To determine the effect of Eddie Floyd’s 

felony conviction on his qualifications to be 

and remain a Commission licensee; 

(d) To determine, in light of the evidence 

adduced pursuant to the foregoing issues, 

whether Eddie Floyd is qualified to be a 

Commission licensee; 

(e) To determine whether the license for 

FM Translator Station K273AF, Carson City, 

NV, should be revoked. 

10. It is further ordered, pursuant to 

sections 309(e) and (k) of the Act, that 

the captioned applications for 

assignment of license and of 

modification of Station K273AF, filed 

by Eddie Floyd, are designated for a 

hearing, before an administrative law 

judge at a time and place to be specified 

in a subsequent Order, upon the 

following issue: 

(a) To determine, in light of the evidence 

adduced pursuant to the foregoing issues, 

whether either one or both of the captioned 

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54882 Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices 

applications for assignment of license and for 

modification of Station K273AF, filed by 

Eddie Floyd, should be granted. 

11. It is further ordered that, in 

accordance with section 312(d) of the 

Act, the burden of proceeding with the 

introduction of evidence and the burden 

of proof with respect to all issues 

specified in paragraph 9, above, shall be 

on the Enforcement Bureau, and, in 

accordance with section 309(e) of the 

Act, the burden of proceeding with the 

introduction of evidence and the burden 

of proof with respect to the issue 

specified in paragraph 10, above, shall 

be on Eddie Floyd. 

12. It is further ordered, that, 

irrespective of the resolution of the 

foregoing issues, it shall be determined, 

pursuant to section 503(b)(1) of the Act, 

whether an order of forfeiture should be 

issued against Eddie Floyd in an 

amount not to exceed $37,500 for each 

of the three instances in which Eddie 

Floyd apparently engaged in willful 

and/or repeated violations of § 1.17 of 

the Commission’s rules. 

13. It is further ordered that, in 

connection with the possible forfeiture 

liability noted above, this document 

constitutes notice pursuant to section 

503(b)(3) of the Act. 

14. It is further ordered, that, to avail 

himself of the opportunity to be heard 

and the right to present evidence at a 

hearing in these proceedings, pursuant 

to §§ 1.91 and 1.221 of the 

Commission’s rules, Eddie Floyd, in 

person or by attorney, shall file within 

30 days of the release of this Order, a 

written appearance in triplicate stating 

that he will appear at the hearing and 

present evidence on matters specified in 

this Order. If Eddie Floyd fails to file a 

written notice of appearance within the 

time specified, or a petition to accept, 

for good cause shown, such written 

appearance beyond the expiration of the 

30-day time period, the two captioned 

applications shall be dismissed with 

prejudice for failure to prosecute and 

the issue specified in paragraph 10 shall 

be deemed to be moot. Furthermore, if 

Eddie Floyd fails to file a timely written 

notice of appearance, the right to a 

hearing on all issues specified in 

paragraph 9, above, shall be deemed to 

be waived. In the event that a hearing 

on the issues in paragraph 9 is waived, 

the Chief Administrative Law Judge (or 

presiding officer if one has been 

designated) shall, at the earliest 

practicable date, issue an order 

terminating the hearing proceeding and 

certifying the case to the Commission. 

15. It is further ordered, that the Chief, 

Enforcement Bureau is made a party to 

this proceeding without the need to file 

a written appearance. 

16. It is further ordered, that, pursuant 

to section 309(e) of the Act, Wilks 

License Company-Reno LLC is deemed 

a party in interest and shall be 

permitted to participate in this 

proceeding, provided, within 30 days of 

the release of this Order, it files, in 

triplicate, a written notice of appearance 

stating its intent to appear at the hearing 

and present evidence on matters 

specified herein. 

17. It is further ordered, that a copy 

of each document filed in this 

proceeding by or on behalf of Eddie 

Floyd and/or Wilks License CompanyReno LLC shall be served on the Chief, 

Investigations and Hearings Division, 

Enforcement Bureau, Federal 

Communications Commission, 445 12th 

Street, SW., Room 4–C330, Washington, 

DC 20554. 

18. 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 Walter Edward 

Floyd, aka Eddie Floyd, at his address 

of record: 405 Apple Street, Reno, NV 

89502. 

19. 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 Wilks License 

Company-Reno LLC, at 3775 Mansell 

Road, Alpharetta, GA 30022, with a 

copy to Richard Zaragoza, Esq., 

Pillsbury Winthrop Show Pittman LLP, 

2300 N Street, NW., Washington, DC 

20037. 

20. 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. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2010–22532 Filed 9–8–10; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL HOUSING FINANCE 

AGENCY 

[No. 2010–N–14] 

Submission of information collection 

for approval From the Office of 

Management and Budget 

AGENCY: Federal Housing Finance 

Agency. 

ACTION: Submission of Information 

Collection for Approval from the Office 

of Management and Budget. 

SUMMARY: The Federal Housing Finance 

Agency (FHFA) has submitted the 

following public information collection 

requirement(s) to the Office of 

Management and Budget (OMB) for 

emergency review, and it has been 

approved under the Paperwork 

Reduction Act of 1995, Public Law 104– 

13. To allow interested persons to 

comment on this information collection, 

FHFA is publishing this notice and 

plans to submit a request for a threeyear extension of OMB’s approval. 

Comments regarding this information 

collection should be addressed to the 

Office of Information and Regulatory 

Affairs of OMB, Attention: Desk Officer 

for the Federal Housing Finance 

Agency, Washington, DC 20503, Fax: 

202–395–6974, E-mail: 

OIRA_Submission@omb.eop.gov. Please 

also submit comments to FHFA using 

any one of the following methods and 

include ‘‘Comments: Survey of FHLBank 

Economic Development Programs, No. 

2010–N–14’’ as the subject: 

• E-mail: RegComments@fhfa.gov; 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. 

• U.S. Mail/Hand Delivery: Federal 

Housing Finance Agency, Fourth Floor, 

1700 G Street, NW., Washington, DC 

20552. 

We will post all public comments we 

receive without change, including any 

personal information you provide, such 

as your name and address, on the FHFA 

Web site at http://www.fhfa.gov. In 

addition, copies of all comments 

received will be available for 

examination by the public on business 

days between the hours of 10 a.m. and 

3 p.m., at the Federal Housing Finance 

Agency, Fourth Floor, 1700 G Street, 

NW., Washington, DC 20552. To make 

an appointment to inspect comments, 

please call the Office of General Counsel 

at 202–414–6924. 

DATES: Written comments should be 

received on or before November 8, 2010, 

to be assured of consideration. 

FOR FURTHER INFORMATION CONTACT: For 

additional information about this 

information collection, or to obtain a 

copy with applicable supporting 

documentation, contact Charles 

McLean, Associate Director, Office of 

Housing and Community Investments, 

202–408–2537, 

Charles.McLean@fhfa.gov. 

Overview of the Information Collection 

Title of the Collection: Survey of 

Federal Home Loan Bank Economic 

Development Programs. 

OMB No.: 2590–0010. 

Need and Use of the Information 

Collection: The Office of Housing and 

Community Investment (OHCI) of FHFA 

is conducting research and outreach 

initiatives to determine ways to enhance 

the Federal Home Loan Banks’ 

(FHLBanks) capacity to meet the 

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