[Federal Register Volume 66, Number 33 (Friday, February 16, 2001)]
[Notices]
[Pages 10688-10689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4029]


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FEDERAL COMMUNICATIONS COMMISSION

[EB Docket No. 01-39; FCC 01-44]


Order To Show Cause and Notice of Opportunity for Hearing

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Commission has ordered a hearing to determine whether the 
licenses held by Family Broadcasting, Inc. for Stations WSTX(AM) and 
WSTX-FM, Christiansted, U.S. Virgin Islands, should be revoked. The 
Commission has determined that serious questions exist as to whether 
Family Broadcasting, Inc. willfully and repeatedly violated the 
Commission's rules and misrepresented facts to and/or lacked candor 
with the Commission.

ADDRESSES: Federal Communications Commission, Enforcement Bureau, 445 
12th Street, SW, Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT: Kathy Berthot, Enforcement Bureau, 
Technical and Public Safety Division, (202) 418-7454.

SUPPLEMENTARY INFORMATION: This is a summary of an Order to Show Cause 
and Notice of Opportunity for Hearing in EB Docket No. 01-39, adopted 
on February 8, 2001, and released on February 13, 2001. The complete 
text of this Order is available for inspection

[[Page 10689]]

and copying during normal business hours in the FCC Reference 
Information Center, Courtyard Level, 445 12th Street, SW, Washington, 
D.C., and also may be purchased from the Commission's copy contractor, 
International Transcription Services, Inc., at 202-857-3800, CY-B400, 
445 12th Street, SW, Washington, D.C.

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