Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Notices 10689

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Summary of Order To Show Cause and

Notice of Opportunity for Hearing

1. The Commission has commenced a

hearing proceeding to determine

whether Family Broadcasting, Inc.

(‘‘Family’’), licensee of Stations

WSTX(AM) and WSTX–FM,

Christiansted, U.S. Virgin Islands, is

qualified to be or remain a Commission

licensee. The record before the

Commission indicates that Family has

misrepresented facts to and/or lacked

candor with the Commission regarding

its relocation of WSTX–FM’s transmitter

from its authorized site. In addition, the

record indicates that Family has

operated both WSTX(AM) and WSTX–

FM substantially at variance from the

terms of their authorizations for

approximately four years and has

committed numerous other violations of

the Commission’s rules, including

violations which raise public safety

concerns. Family has also repeatedly

failed to respond to Commission

correspondence and inquiries. Pursuant

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

Communications Act of 1934, as

amended, Family is ordered to show

cause why the licenses for Stations

WSTX(AM) and WSTX–FM should not

be revoked, at a hearing 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 Family

Broadcasting, Inc. misrepresented facts

to and/or lacked candor with the

Commission in its statements regarding

the relocation of WSTX–FM’s

transmitter from its authorized site in

violation of section 73.1015 of the

Commission’s Rules;

(b) To determine whether Family

Broadcasting, Inc. willfully or

repeatedly violated sections 1.89 and/or

73.1015 of the Commission’s Rules by

failing to respond to official

Commission correspondence and

inquiries;

(c) To determine whether Family

Broadcasting, Inc. willfully or

repeatedly violated sections 73.1350(a),

73.1560(a), 73.1560(b) and/or

73.1690(b)(2) of the Commission’s Rules

by operating WSTX(AM) and WSTX–

FM at variance from the terms of their

authorizations;

(d) To determine whether Family

Broadcasting, Inc. willfully or

repeatedly violated section 73.49 of the

Commission’s Rules by failing to

enclose WSTX(AM)’s antenna within an

effective locked fence;

(e) To determine whether Family

Broadcasting, Inc. willfully or

repeatedly violated section 11.35 of the

Commission’s Rules by failing to install

and maintain operational EAS

equipment for WSTX(AM) and WSTX–

FM;

(f) To determine whether Family

Broadcasting, Inc. willfully or

repeatedly violated section 73.3526 of

the Commission’s Rules by failing to

maintain public inspection files for

WSTX(AM) and WSTX–FM;

(g) To determine, in light of the

evidence adduced pursuant to the

foregoing issues, whether Family

Broadcasting, Inc. is basically qualified

to be or remain a Commission licensee;

and

(h) To determine, in light of the

evidence adduced pursuant to the

foregoing issues, whether the licenses

for WSTX(AM) and/or WSTX–FM

should be revoked.

2. The Commission also ordered that

it be determined, pursuant to section

503 of the Communications Act of 1934,

as amended, whether an Order of

Forfeiture in an amount not to exceed

two hundred seventy five thousand

dollars ($275,000) shall be issued

against Family for willfully and/or

repeatedly violating sections 1.89,

11.35, 73.49, 73.1015, 73.1350(a),

73.1560(a), 73.1560(b), 73.1690(b)(2)

and/or 73.3526 of the Commission’s

Rules.

3. The Commission ordered that, to

avail itself of the opportunity to be

heard and the right to present evidence

at a hearing in these proceedings,

Family, in person or by its attorney,

shall file within 30 days of the release

of the Order to Show Cause and Notice

of Opportunity for Hearing, a written

appearance stating that it will appear at

the hearing and present evidence on

matters specified in the Order. If Family

fails to file a timely written notice of

appearance, the right to a hearing shall

be deemed to be waived. Where a

hearing is waived, Family may submit a

written, signed statement of mitigation

or justification within 30 days of the

release of the Order. In the event the

right to a hearing 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.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 01–4029 Filed 2–15–01; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

[FEMA–1354–DR]

Arkansas; Amendment No. 2 to Notice

of a Major Disaster Declaration

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Notice.

SUMMARY: This notice amends the notice

of a major disaster for the State of

Arkansas, (FEMA–1354–DR), dated

December 29, 2000, and related

determinations.

EFFECTIVE DATE: January 8, 2001.

FOR FURTHER INFORMATION CONTACT:

Madge Dale, Response and Recovery

Directorate, Federal Emergency

Management Agency, Washington, DC

20472, (202) 646–3772.

SUPPLEMENTARY INFORMATION: The notice

of a major disaster for the State of

Arkansas is hereby amended to include

the Hazard Mitigation Grant Program

among those areas determined to have

been adversely affected by the

catastrophe declared a major disaster by

the President in his declaration of

December 29, 2000:

All counties in the State of Arkansas are

eligible to apply for assistance under the

Hazard Mitigation Grant Program.

(The following Catalog of Federal Domestic

Assistance Numbers (CFDA) are to be used

for reporting and drawing funds: 83.537,

Community Disaster Loans; 83.538, Cora

Brown Fund Program; 83.539, Crisis

Counseling; 83.540, Disaster Legal Services

Program; 83.541, Disaster Unemployment

Assistance (DUA); 83.542, Fire Suppression

Assistance; 83.543, Individual and Family

Grant (IFG) Program; 83.544, Public

Assistance Grants; 83.545, Disaster Housing

Program; 83.548, Hazard Mitigation Grant

Program.)

James L. Witt,

Director.

[FR Doc. 01–3926 Filed 2–15–01; 8:45 am]

BILLING CODE 6718–02–P