[Federal Register Volume 68, Number 163 (Friday, August 22, 2003)]
[Notices]
[Pages 50771-50774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21508]


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FEDERAL COMMUNICATIONS COMMISSION

[EB Docket No. 03-152; FCC 03-158]


William L. Zawila, Avenal Educational Services, Inc., Central 
Valley Educational Services, Inc., H.L. Charles d/b/a Ford City 
Broadcasting, Linda Ware d/b/a/ Lindsay Broadcasting, and Western 
Pacific Broadcasting, Inc.--Order To Show Cause, Notice of Opportunity 
for Hearing, and Hearing Designation Order

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Commission issued an Order to Show Cause 
why the construction permits of broadcast stations KNGS(FM), Coalinga, 
California, KAAX(FM), Avenal, California, KAJP(FM), Firebaugh, 
California, and KZPE(FM), Ford City, California, and the license of 
broadcast station KZPO(FM), Lindsay, California, should not be revoked, 
and Notice of Opportunity for Hearing, and an Order designating for 
hearing the application for renewal of license of broadcast station 
KKFO(AM), Coalinga, California.

DATES: Petitions by persons desiring to participate as a party in the 
hearing may be filed not later than September 22, 2003, pursuant to 47 
CFR 1.223. See SUPPLEMENTARY INFORMATION for dates that named parties 
should file appearances.

ADDRESSES: Federal Communications Commission, Enforcement Bureau, 445 
12th Street, SW., Washington, DC 20554. See SUPPLEMENTARY INFORMATION 
for further filing instructions.

FOR FURTHER INFORMATION CONTACT: William Freedman, Deputy Chief,

[[Page 50772]]

Enforcement Bureau, Investigations and Hearings Division, (202) 418-
1420; Thomas Nessinger, Attorney-Advisor, Media Bureau, Audio Division, 
(202) 418-2700.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
to Show Cause, Notice of Opportunity for Hearing, and Hearing 
Designation Order, FCC 03-158, released July 16, 2003.
    In the Order to Show Cause, the Commission set forth facts 
supporting the conclusion that the construction permits of broadcast 
stations KNGS(FM), Coalinga, California, KAAX(FM), Avenal, California, 
KAJP(FM), Firebaugh, California, and KZPE(FM), Ford City, California, 
and the license of broadcast station KZPO(FM), Lindsay, California, 
should be revoked, and offered the permittees/licensees of those 
broadcast stations the opportunity for hearing on the issues specified. 
In the Hearing Designation Order, the Commission determined there was a 
substantial and material question of fact as to whether the application 
of Western Pacific Broadcasting, Inc. (``WPBI'') for renewal of the 
license of broadcast station KKFO(AM), Coalinga, California, should be 
denied, and designated for hearing the KKFO(AM) application for renewal 
of license.
    Station KNGS(FM), Coalinga, California (permitted to William L. 
Zawila [``Zawila'']) and station KAAX(FM), Avenal, California 
(permitted to Avenal Educational Services, Inc.) were to have 
constructed a 91-meter tower near Avenal, California, on which the 
antennas for both stations were to be located. Both applicants filed 
license applications representing that both stations had been 
constructed as authorized. An informal objector presented evidence, 
confirmed by Commission investigation, that one month after the license 
applications were filed, the actual transmitting facilities consisted 
of two 50-foot telephone poles with no main studio facilities. Upon 
inquiry, Zawila represented that the 91-meter tower had been 
constructed but was destroyed by vandalism. Commission investigation 
indicated that Zawila's representations were false, and that the 
facilities of KNGS(FM) and KAAX(FM) were not constructed according to 
the permits.
    Commission investigation of station KAJP(FM), Firebaugh, California 
(permitted to Central Valley Educational Services, Inc., of which 
Zawila is an officer) yielded substantial and material questions of 
fact as to whether the original antenna was constructed according to 
the station's construction permit. Investigation also revealed no 
program origination or Emergency Alert System (``EAS'') equipment at 
the KAJP(FM) studio. The facilities of station KZPE(FM), Ford City, 
California (permitted to H.L. Charles d/b/a Ford City Broadcasting) 
were non-operational, consisting of an antenna mounted on a telephone 
pole, no main studio facilities, non-operational transmission 
equipment, and a site that had no power and which was so remote that 
gasoline to operate a power generator could not be delivered. H.L. 
Charles, the permittee, referred all questions regarding the station's 
operation to her ``manager,'' Zawila. Station KZPO(FM), Lindsay, 
California, is licensed to Linda Ware d/b/a Lindsay Broadcasting. In 
response to the Commission's pre-hearing inquiry, Zawila represented 
that Ms. Ware was deceased, but did not provide a date of death, and no 
application for transfer of control to the administrator of Ms. Ware's 
estate has been filed. Commission investigators found KZPO(FM)'s main 
studio is not located as indicated in its license, and that the main 
studio is not properly staffed. Investigators also determined that 
KZPO(FM)'s public file is incomplete, that there was no EAS equipment 
at the transmitter site or main studio, and that transmitter power 
output was in excess of that authorized.
    In the Hearing Designation Order, the Commission set forth facts 
raising a substantial and material question of fact as to whether 
Zawila, as sole shareholder of WPBI, misrepresented facts to and/or 
lacked candor with the Commission by, among other things, representing 
that KKFO(AM) had lost its site due to redevelopment by the City of 
Coalinga, and representing that he was in negotiations with the City 
for return to the site, when in fact City officials denied such 
representations. The Commission also determined through investigation 
that WPBI failed to maintain properly staffed main studios for 
KKFO(AM); failed to maintain station logs or to make station logs and 
station facilities available for inspection by Commission 
representatives; failed to provide records and information to 
Commission representatives on request; failed timely to notify the 
Commission that KKFO(AM) was not adhering to a minimum operating 
schedule or failed to make an informal written request for additional 
time to restore a minimum operating schedule; failed to maintain a 
complete public file at the main studio of KKFO(AM) or at an accessible 
place in the community of license; failed to make equipment performance 
measurements upon installation of a new or replacement main transmitter 
and annually thereafter; failed to maintain and operate KKFO(AM) in a 
manner that complies with the technical rules set forth in Commission 
rules and in accordance with the KKFO(AM) station authorization; and 
failed to transmit broadcast signals for a period of over twelve 
consecutive months, causing the expiration of the KKFO(AM) license as a 
matter of law. Pursuant to sections 312(a) and 312(c) of the 
Communications Act of 1934, as amended, 47 U.S.C. 312(a) and (c), and 
47 CFR 1.91(a), William L. Zawila, Avenal Educational Services, Inc. 
(``AES''), Central Valley Educational Services, Inc. (``CVES''), and 
H.L. Charles d/b/a Ford City Broadcasting (``FCB'') are directed to 
show cause why the construction permits for KNGS(FM), Coalinga, 
California; KAAX(FM), Avenal, California; KAJP(FM), Firebaugh, 
California; and KZPE(FM), Ford City, California, should not be revoked 
and all authority to operate said stations terminated, at a hearing 
before an F.C.C. Administrative Law Judge, at a time and place to be 
specified in a subsequent Order, upon the following issues:
    1. To determine whether William L. Zawila, individually and/or as 
an officer of AES and CVES, or on behalf of FCB, misrepresented facts 
to and/or lacked candor with the Commission in his statements regarding 
the construction and/or operation of the facilities of KNGS(FM), 
KAAX(FM), KAJP(FM), and KZPE(FM), and in his statements in response to 
official Commission inquiries regarding the operation of said stations, 
in violation of section 312(a)(1) of the Communications Act of 1934, as 
amended, 47 U.S.C. 312(a)(1), and/or 47 CFR 73.1015;
    2. To determine whether William L. Zawila, individually and/or as 
an officer of AES and CVES, or on behalf of FCB, willfully or 
repeatedly violated 47 CFR 73.1690(b)(2) by moving the antennas of 
KNGS(FM), KAAX(FM), KAJP(FM), or KZPE(FM) to different towers without a 
construction permit;
    3. To determine whether William L. Zawila, AES, CVES and/or FCB 
willfully or repeatedly violated 47 CFR 73.1125 of the rules, by 
failing to maintain properly staffed main studios for KNGS(FM), 
KAAX(FM), KAJP(FM), and KZPE(FM), and by failing to have a local 
telephone number in the communities of license for KNGS(FM) and 
KAAX(FM), or toll-free telephone numbers for those stations;
    4. To determine whether William L. Zawila, AES, CVES, and/or FCB

[[Page 50773]]

willfully or repeatedly violated 47 CFR 73.3526, by failing to maintain 
proper public inspection files for KNGS(FM), KAAX(FM), KAJP(FM), and 
KZPE(FM);
    5. To determine whether William L. Zawila, AES, and/or CVES 
willfully or repeatedly violated 47 CFR 17.57, by failing to notify the 
Commission within 24 hours of completion of construction of towers for 
which Antenna Registration Numbers had been assigned, or of changes in 
the structures' heights, for the towers on which the antennas of 
KNGS(FM), KAAX(FM), and KAJP(FM) were to have been mounted;
    6. To determine whether William L. Zawila was an undisclosed real 
party in interest in FCB's application for license, or whether William 
L. Zawila and/or FCB willfully or repeatedly violated section 310(d) of 
the Communications Act of 1934, as amended, 47 U.S.C. 310(d), and/or 47 
CFR 73.3540(a), by Zawila's assuming control of KZPE(FM) without prior 
Commission authorization; and
    7. To determine, in light of the evidence adduced under the 
foregoing issues, whether William L. Zawila, AES, CVES, and/or FCB 
possess the requisite qualifications to be or remain permittees of 
their respective radio stations.
    Pursuant to sections 312(a) and 312(c) of the Communications Act of 
1934, as amended, 47 U.S.C. 312(a) and (c), and 47 CFR 1.91(a), William 
L. Zawila and Linda Ware d/b/a Lindsay Broadcasting (``LB'') or her 
successor(s) in interest are directed to show cause why the license for 
KZPO(FM), Lindsay, California should not be revoked and all authority 
to operate said station terminated, at a hearing before an F.C.C. 
Administrative Law Judge, at a time and place to be specified in a 
subsequent Order, upon the following issues:
    1. To determine whether William L. Zawila, individually and/or on 
behalf of LB, misrepresented facts to and/or lacked candor with the 
Commission in his statements regarding the construction and operation 
of the facilities of KZPO(FM), and in his statements in response to 
official Commission inquiries regarding the operation of said station, 
in violation of section 312(a)(1) of the Communications Act of 1934, as 
amended, 47 U.S.C. 312(a)(1), and/or 47 CFR 73.1015;
    2. To determine whether William L. Zawila and/or LB willfully or 
repeatedly violated section 310(d) of the Communications Act of 1934, 
as amended, 47 U.S.C. 310(d) and/or 47 CFR 73.3540(a) of the rules, by 
Zawila's assuming control of KZPO(FM) without prior Commission 
authorization;
    3. To determine whether Zawila and/or LB willfully or repeatedly 
violated 47 CFR 11.15, 11.35(a), 11.35(c), and 11.52(d), by failing to 
maintain proper EAS equipment and proper EAS logs;
    4. To determine whether William L. Zawila and/or LB willfully or 
repeatedly violated 47 CFR 73.1125 by failing to maintain a properly 
staffed main studio for KZPO(FM);
    5. To determine whether Zawila and/or LB willfully or repeatedly 
violated 47 CFR 73.1800(a), 73.1225(a), 73.1225(c)(5), and 73.1226(a), 
by failing to maintain station logs and to make station logs and 
facilities available on request for inspection by the Commission;
    6. To determine whether Zawila and/or LB willfully or repeatedly 
violated 47 CFR 73.1560(b), by operating station KZPO(FM) at a 
transmitter output power greater than 105% of authorized power;
    7. To determine whether Zawila and/or LB willfully or repeatedly 
violated 47 CFR 73.1225(c)(2), 73.1226(c)(4), 73.1870(b)(3), and 
73.1870(c)(3), by failing to maintain and make available for inspection 
records pertaining to the chief operator of station KZPO(FM), to post 
the written designation of chief operator, to maintain in the public 
inspection file agreements with the chief operator, and to have the 
chief operator review and sign station records and logs;
    8. To determine whether Zawila and/or LB willfully or repeatedly 
violated 47 CFR 73.1350(a), by failing to maintain and operate KZPO(FM) 
in a manner that complies with the technical rules set forth in our 
rules and in accordance with its station authorization; and
    9. To determine, in light of the evidence adduced under the 
foregoing issues, whether William L. Zawila and/or LB possess the 
requisite qualifications to be or remain licensees of KZPO(FM).
    Pursuant to section 309(e) of the Communications Act of 1934, as 
amended, 47 U.S.C. 309(e), the application of Western Pacific 
Broadcasting, Inc. (``WPBI'') for renewal of license for KKFO(AM), 
Coalinga, California, File No. BR-19970804YJ, is designated for hearing 
before an F.C.C. Administrative Law Judge, at a time and place to be 
specified in a subsequent Order, upon the following issues:
    1. To determine whether William L. Zawila, individually and/or on 
behalf of WPBI, misrepresented facts to and/or lacked candor with the 
Commission in his statements regarding the operation of the facilities 
of KKFO(AM), and in his statements in response to official Commission 
inquiries regarding the operation of said station, in violation of 
section 312(a)(1) of the Communications Act of 1934, as amended, 47 
U.S.C. 312(a)(1), and/or 47 CFR 73.1015;
    2. To determine whether William L. Zawila, individually and/or on 
behalf of WPBI, willfully or repeatedly violated 47 CFR 73.1125, by 
failing to maintain properly staffed main studios for KKFO(AM);
    3. To determine whether William L. Zawila, individually and/or on 
behalf of WPBI, willfully or repeatedly violated 47 CFR 73.1800(a), 
73.1225(a), 73.1225(c)(5), and 73.1226(a), by failing to maintain 
station logs and to make station logs available on request for 
inspection by the Commission, by failing to make KKFO(AM) available for 
inspection by representatives of the Commission during the station's 
business hours, and by failing to provide records and information to 
Commission representatives upon request;
    4. To determine whether William L. Zawila, individually and/or on 
behalf of WPBI, willfully or repeatedly violated 47 CFR 73.1740(a)(4), 
by failing to notify the Commission not later than the tenth day of 
limited or discontinued operation that KKFO(AM) was not adhering to a 
minimum operating schedule, or by failing to make an informal written 
request for such additional time as may be necessary to restore the 
minimum operating schedule;
    5. To determine whether William L. Zawila, individually and/or on 
behalf of WPBI, willfully or repeatedly violated 47 CFR 73.3526, by 
failing to maintain a complete public file at the main studio of 
KKFO(AM) or at an accessibly place in the community of license, which 
is available for public inspection at any time during regular business 
hours;
    6. To determine whether William L. Zawila, individually and/or on 
behalf of WPBI, willfully or repeatedly violated 47 CFR 73.1590, by 
failing to make equipment performance measurements upon installation of 
a new or replacement main transmitter, and annually thereafter;
    7. To determine whether William L. Zawila, individually and/or on 
behalf of WPBI, willfully or repeatedly violated 47 CFR 73.1350(a), by 
failing to maintain and operate KKFO(AM) in a manner that complies with 
the technical rules set forth in the Commission's rules and in 
accordance with its station authorization;
    8. To determine whether station KKFO(AM) failed to transmit 
broadcast signals for a period of over twelve consecutive months, thus 
causing expiration of its license under section 312(g) of the 
Communications Act of 1934, as amended, 47 U.S.C. 312(g), and 47 CFR 
73.1740(c); and

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    9. To determine, in light of the evidence adduced under the 
foregoing issues, whether the license for KKFO(AM) has expired pursuant 
to section 312(g) of the Communications Act of 1934, as amended, 47 
U.S.C. 312(g), and 47 CFR 73.1740(c), or whether William L. Zawila and/
or WPBI possess the requisite qualifications to be or remain licensees 
of KKFO(AM).
    Appearances by Parties: William L. Zawila, Avenal Educational 
Services, Inc., Central Valley Educational Services, Inc., H.L. Charles 
d/b/a Ford City Broadcasting, and Linda Ware d/b/a/ Lindsay 
Broadcasting shall, within thirty (30) days of July 16, 2003, file a 
written appearance stating that they will appear at the hearing and 
present evidence on the matters specified in the Order to Show Cause.
    Western Pacific Broadcasting, Inc. must, within twenty (20) days of 
mailing of notice of its designation as a party, file a written 
appearance in triplicate, stating that it will appear at the hearing on 
the date fixed for hearing and will present evidence on the issues 
specified in the Hearing Designation Order.
    The full text of the Order to Show Cause, Notice of Opportunity for 
Hearing, and Hearing Designation Order is available for inspection and 
copying during normal business hours in the FCC Reference Information 
Center, Room CY-A257, 445 12th Street, SW., Washington, DC 20554. The 
complete text may be purchased from the Commission's copy contractor, 
Qualex International, 445 12th Street, SW., Room CY-B402, Washington, 
DC 20554. The full text may also be downloaded at: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-158A1.pdf. 
Alternative formats are available to persons with disabilities by 
contacting Martha Contee at (202) 418-0260 or TTY (202) 418-2555.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 03-21508 Filed 8-21-03; 8:45 am]
BILLING CODE 6712-01-P