[Federal Register Volume 62, Number 78 (Wednesday, April 23, 1997)]
[Notices]
[Pages 19753-19754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10491]


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FEDERAL COMMUNICATIONS COMMISSION


Hearing Designation Order, Order To Show Cause and Notice of 
Opportunity for Hearing

    The Commission has before it for consideration the following 
matter:

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                                                               MM docket
                Licensee                       City/State         No.   
------------------------------------------------------------------------
Gerard A. Turro.........................  Fort Lee, NJ,           97-122
                                           Pomona, NY                   
Monticello Mountaintop Broadcasting,      Monticello, NY                
 Inc..                                                                  
------------------------------------------------------------------------

(Regarding the renewal applications for W276AQ and W232AL)
    Pursuant to Section 309(e) of the Communications Act of 1934, as 
amended, the applications of Gerard A. Turro for renewal of licenses of 
Radio Stations W276AQ and W232AL have been designated for hearing upon 
the following issues:
    1. To determine whether Gerard A. Turro's operation of translator 
stations W276AQ(FM), Fort Lee, New Jersey, and W232AL(FM), Pomona, New 
York, violated Sections 74.531(c) and 74.1231(b) of the Commission's 
Rules with respect to the operation of translator stations.
    2. To determine whether Gerard A. Turro engaged in an unauthorized 
transfer of control, or otherwise exercised and/or continues to 
exercise de facto control over WJUX(FM), Monticello, New York, in 
violation of Section 310(d) of the Communications Act of 1934, as 
amended, and Section 73.3540(a) of the Commission's Rules.
    3. To determine whether Gerard A. Turro misrepresented and/or 
lacked candor to the Commission concerning the operation of translator 
stations W276AQ(FM), Fort Lee, New Jersey, and W232AL(FM), Pomona, New 
York.
    4. To determine whether, in light of the evidence adduced under the 
foregoing issues, the public interest will

[[Page 19754]]

be served by the grant of the above-captioned renewal applications 
filed by Gerard A. Turro.

(Regarding the construction permit for WJUX(FM))
    Pursuant to Section 312(a)(2) of the Communications Act of 1934, as 
amended, Monticello Mountaintop Broadcasting, Inc. IS DIRECTED TO SHOW 
CAUSE why the construction permit for Radio Station WJUX(FM) should not 
be REVOKED, at a hearing to be held at a time and location specified in 
a subsequent Order, upon the following issues:
    5. To determine whether Monticello Mountaintop Broadcasting, Inc. 
has violated and/or continues to violate Sections 73.1120 and 
73.1125(a) and (c) of the Commission's Rules with respect to the 
maintenance of a main studio for Station WJUX(FM), Monticello, New 
York.
    6. To determine whether Monticello Mountaintop Broadcasting, Inc., 
engaged in an unauthorized transfer of control or otherwise abdicated 
control of Station WJUX(FM), Monticello, New York, to Gerard A. Turro 
or an affiliated entity in violation of Section 310(d) of the 
Communications Act of 1934, as amended, and Section 73.3540(a) of the 
Commission's Rules.
    7. To determine whether Monticello Mountaintop Broadcasting, Inc. 
and/or its agents misrepresented and/or lacked candor to the Commission 
concerning the operation of Station WJUX(FM), Monticello, New York.
    8. To determine whether, in light of the evidence adduced under the 
foregoing issues, Monticello Mountaintop Broadcasting, Inc. possesses 
the requisite qualifications to be or remain a Commission broadcast 
permittee.
    A copy of the complete Hearing Designation Order, Order to Show 
Cause, and Notice of Opportunity for Hearing in this proceeding is 
available for inspection and copying during normal business hours in 
the FCC Dockets Branch (Room 320), 1919 M Street, N.W., Washington, 
D.C. The complete text may also be purchased from the Commission's 
duplicating contractor, International Transcription Service, 2100 M 
Street, N.W., Suite 140, Washington, D.C. 20037 (telephone number 202-
857-3800).

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-10491 Filed 4-22-97; 8:45 am]
BILLING CODE 6712-01-M