[Federal Register Volume 71, Number 192 (Wednesday, October 4, 2006)]
[Notices]
[Pages 58607-58609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16217]


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FEDERAL COMMUNICATIONS COMMISSION

[EB Docket No. 06-163; FCC 06-124]


Terry Keith Hammond, Licensee, Station KBKH(FM), Shamrock, TX

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: This document commences a hearing proceeding by directing 
Terry Keith Hammond, the licensee of Station KBKH(FM), Shamrock, Texas, 
to show cause why the license of Station KBKH(FM) should not be 
revoked, and by designating the license renewal application for Station 
KBKH(FM) for an evidentiary hearing on issues relating to

[[Page 58608]]

Terry Keith Hammond's qualifications to be and remain a Commission 
licensee.

DATES: Petitions by persons desiring to participate as a party in the 
hearing, pursuant to 47 CFR 1.223, may be filed not later than November 
3, 2006. See SUPPLEMENTARY INFORMATION section for dates that named 
parties should file appearances.

ADDRESSES: Please file documents with the Investigations and Hearings 
Division, Enforcement Bureau, Federal Communications Commission, Room 
4-C330, 445 12th Street, SW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Judy Lancaster or Anjali K. Singh, 
Investigations and Hearings Division, Enforcement Bureau at (202) 418-
1420; Jennifer A. Lewis, Assistant Chief, Investigations and Hearings 
Division, Enforcement Bureau at (202) 418-1420.

SUPPLEMENTARY INFORMATION: This is a summary of the Order to Show 
Cause, Notice of Opportunity for Hearing and Hearing Designation Order, 
FCC 06-124, released September 15, 2006. The full text of the Order to 
Show Cause, Notice of Opportunity for Hearing and Hearing Designation 
Order is available for inspection and copying from 8 a.m. to 4:30 p.m. 
Monday through Thursday or from 8 a.m. to 11:30 a.m. on Friday at 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, Best Copy and Printing, Inc. (BCPI), 
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, 
telephone 202-488-5300, facsimile 202-488-5563, or you may contact BCPI 
at its Web site: http://www.BCPIWEB.com. When ordering documents for 
BCPI, please provide the appropriate FCC document number, FCC 06-124. 
The Order is also available on the Internet at the Commission's Web 
site through its Electronic Document Management System (EDOCS): http://hraunfoss.fcc.gov/edocs-public/SilverStream/Pages/edocs.html. 
Alternative formats are available to persons with disabilities 
(Braille, large print, electronic files, audio format), send an e-mail 
to [email protected] or call the Consumer and Governmental Affairs Bureau 
at 202-418-0530 (voice), (202) 418-0432 (tty).
    Summary of the Order: In the Order to Show Cause, Notice of 
Opportunity for Hearing and Hearing Designation Order, the Commission 
commences a hearing proceeding to determine whether Terry Keith 
Hammond, the licensee of Station KBKH(FM), Shamrock, Texas, is 
qualified to be and remain a Commission licensee, whether Hammond's 
application for renewal of the license of Station KBKH(FM) should be 
granted, and whether a monetary forfeiture should be assessed against 
Hammond.
    The Commission received a complaint that alleged, among other 
things, that Hammond was not operating the station in accordance with 
its authorization and that Hammond had been convicted of felony theft. 
The Commission conducted an investigation and inspection of Station 
KBKH(FM) which revealed that the station is not operating in accordance 
with the terms of its license and that Hammond has not requested 
authority to do so, thereby violating Commission rules. Specifically, 
the station is operating from a site other than the site which is 
authorized in its license and at a reduced power level. In addition, 
the investigation revealed that Hammond failed to construct the 
station's upgraded facilities, but nevertheless filed a license 
application in which he apparently made false certifications, 
misrepresentations of fact and/or demonstrated a lack of candor. The 
Commission directed Terry Keith Hammond to respond to letters of 
inquiry concerning his felony conviction and the operation of Station 
KBKH(FM), but he failed to provide full and complete responses and 
documents. During the pendency of the investigation, Terry Keith 
Hammond timely filed a license renewal application for Station KBKH(FM) 
in which he failed to disclose his felony conviction.
    The Commission determined that the fact of Terry Keith Hammond's 
felony conviction raises a substantial and material question of fact as 
to his qualifications to be and to remain a Commission licensee and may 
warrant revocation of the license of Station KBKH(FM). Thus, 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 Sec.  1.91 of the Commission's 
rules, 47 CFR 1.91, the Order to Show Cause directs Terry Keith Hammond 
to show cause why the license of Station KBKH(FM), Shamrock, Texas, 
should not be revoked, upon the following issues:
    1. To determine the effect of Terry Keith Hammond's felony 
conviction on his qualifications to be and remain a Commission 
licensee;
    2. To determine, in light of the evidence adduced pursuant to the 
foregoing issue, whether Terry Keith Hammond is qualified to be and to 
remain a Commission licensee and whether the license for Station 
KBKH(FM), Shamrock, Texas, should be revoked. Moreover, the Commission 
determined that there are substantial and material questions of fact as 
to whether Terry Keith Hammond may have made false certifications, 
misrepresented facts to or lacked candor with the Commission regarding 
construction of upgraded facilities for Station KBKH(FM) and regarding 
his criminal felony conviction. Misrepresentation, lack of candor and 
false certification are the types of serious violations of the 
Commission's rules that may be grounds for denying a license renewal 
application. In addition, Terry Keith Hammond's operation of Station 
KBKH(FM) substantially at variance with the terms of its authorizations 
and other apparent violations of the Commission's rules, including his 
failure to respond fully to Commission inquiries, raise a substantial 
and material question of fact as to whether his application for renewal 
of the Station KBKH(FM) license should be granted and whether his 
existing license should be revoked.
    Thus, pursuant to Sections 309(e) and 309(k) of the Communications 
Act of 1934, as amended, 47 U.S.C. 309(e), (k), the Commission 
designated the KBKH(FM) license renewal application for an evidentiary 
hearing, specifying the following issues:
    3. To determine whether Terry Keith Hammond made false 
certifications, misrepresentations and/or lacked candor in his License 
Upgrade Application (File No. BLH-20030122AEG, as amended), in 
violation of Sec.  73.1015 of the Commission's rules;
    4. To determine whether Terry Keith Hammond made false 
certifications, misrepresentations and/or lacked candor in his Renewal 
Application, in violation of Sec.  73.1015 of the Commission's rules 
(File No. BRH-20050401AAA);
    5. To determine whether Terry Keith Hammond willfully and/or 
repeatedly violated Sec. Sec.  73.1350(a), 73.1560(b) and (d) and/or 
73.1745(a) of the Commission's rules, by operating Station KBKH(FM) at 
a location, power and antenna height that were not authorized by the 
station's license;
    6. To determine whether Terry Keith Hammond willfully and/or 
repeatedly violated Sec.  11.35 of the Commission's rules, by failing 
to maintain operational EAS equipment and station logs concerning EAS 
equipment and tests for Station KBKH(FM);

[[Page 58609]]

    7. To determine whether Terry Keith Hammond willfully and/or 
repeatedly violated Sec.  73.1015 of the Commission's rules by failing 
to provide full and complete responses and documents as directed by 
letters of inquiry issued by the staff of the Enforcement Bureau on 
June 14, 2004, and August 10, 2004; and
    8. To determine, in light of the evidence adduced pursuant to the 
foregoing designated issues, whether the captioned application for 
renewal of the license for Station KBKH(FM) should be granted, or 
denied.
    Copies of the Order to Show Cause, Notice of Opportunity for 
Hearing, and Hearing Designation Order are being sent by certified 
mail, return receipt requested, to Terry Keith Hammond. To avail 
himself of the opportunity to be heard, Terry Keith Hammond, pursuant 
to Sec.  1.91(c) and Sec.  1.221 of the Commission's rules, 47 CFR 
1.91(c) and 47 CFR 1.221, in person or by his attorney, must within 30 
days of the release of this Order, file in triplicate a written notice 
of appearance stating an intention to appear on the date fixed for the 
hearing and present evidence on the issues specified in this Order. 
Terry Keith Hammond pursuant to Sec.  73.3594 of the Commission's 
rules, 47 CFR 73.3594, shall give notice of the hearing within the time 
and in the manner prescribed in 47 CFR 73.3594, and shall advise the 
Commission of the publication of such notice as required by 47 CFR 
73.3594(g).

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
 [FR Doc. E6-16217 Filed 10-3-06; 8:45 am]
BILLING CODE 6712-01-P