[Federal Register Volume 86, Number 55 (Wednesday, March 24, 2021)]
[Notices]
[Pages 15669-15671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05983]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 21-79; MB Docket No. 21-20, FRS 17583]


Auburn Network, Inc., License Revocation Proceeding for Radio 
Stations in the Auburn, AL Market

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: This document commences a hearing to determine whether, in 
light of recent felony convictions, the licensee of stations in the 
Auburn, AL market is qualified to hold FCC authorizations, and 
consequently, whether licensee's current license authorizations should 
be revoked, whether the applications for renewal of various licenses 
should be granted, and whether the application for an FM translator 
construction permit should be granted.

DATES: Persons desiring to participate as parties in the hearing shall 
file a petition for leave to intervene not later than April 23, 2021.

ADDRESSES: File documents with the Office of the Secretary, Federal 
Communications Commission, 45 L St. NE, Washington, DC 20554, with a 
copy mailed to each party to the proceeding. Each document that is 
filed in this proceeding must display on the front page the docket 
number of this hearing, ``MB Docket No. 21-20.''

FOR FURTHER INFORMATION CONTACT: Albert Shuldiner, Media Bureau, (202) 
418-2721.

SUPPLEMENTARY INFORMATION: This is a summary of the Hearing Designation 
Order (Order), MB Docket No. 21-20, DA 21-79, adopted February 10, 
2021, and released February 11, 2021. The full text of the Order is 
available online by using the search function for MB Docket No. 21-20 
on the Commission's ECFS web page at www.fcc.gov/ecfs.

Summary of the Hearing Designation Order

    1. The Order commences a hearing proceeding before the Commission 
to determine whether multiple felony convictions render licensee, 
Michael G. Hubbard (Hubbard), unqualified to hold FCC authorizations, 
and consequently, whether license authorizations should be revoked 
under sections 312(a)(2) and 312(c) of the Communications Act of 1934 
(Act), 47 U.S.C. 312(a)(2) and 312(c) for stations WANI(AM), Opelika, 
AL, WGZZ(FM), Waverly, AL, W242AX, Auburn, AL, W254AY, Auburn, AL, 
W294AR, Auburn, AL (Stations). The hearing proceeding will also 
determine whether the application filed by ANI for an FM translator 
construction permit (Application) should be granted. This revocation 
proceeding and designation of the Application for hearing stems from 
Hubbard's multiple felony convictions under the Alabama Code of Ethics 
for Public Officials, Employees, Etc. (Alabama's Ethics Act), which 
raise a substantial and material question of fact as to Hubbard's 
character qualifications. ANI also seeks assignment of the Stations' 
licenses, and requests an exception of the Commission's Jefferson Radio 
policy prohibiting assignment or transfer of a license when character 
qualifications are pending against the licensee.
    2. A broadcast licensee's authorization to use radio spectrum in 
the public interest carries with it the obligation that the station 
serves its community, providing programming responsive to local needs 
and interests. Broadcast licensees are also required to operate in 
compliance with the Act and the Commission's rules (Rules). Pursuant to 
section 309(e) of the Act, 47 U.S.C. 309(e), the Commission is required 
to designate an application for hearing if a substantial and material 
question of fact is presented regarding whether grant of the 
application would serve the public interest, convenience, and 
necessity. In determining whether an applicant is qualified to be a 
licensee, the Commission considers the character of the applicant. 
Section 312(a)(2) of the Act, 47 U.S.C. (312)(a)(2) provides that the 
Commission may revoke any license if conditions present would warrant 
refusal to grant a license or permit. Because the Commission considers 
character qualifications in its review of applications, a character 
defect that would warrant the Commission's refusal to grant a license 
in the original application would likewise support a Commission 
determination to revoke a license or permit.
    3. Non-FCC misconduct may raise substantial and material questions 
of fact concerning the licensee's character. The Commission considers 
evidence of felony convictions because felonies are serious crimes and 
conviction indicates an applicant's propensity to obey laws and conform 
to provisions of the Act, Rules, and Commission policies. Hubbard has 
been convicted of six felonies, raising a material and substantial 
question of fact as to whether he, and by extension, ANI, possess the 
character qualifications to operate the Stations in the public 
interest, or to hold any other Commission authorization. Therefore, a 
hearing is required to ascertain whether

[[Page 15670]]

ANI and Hubbard possess requisite character qualifications of a 
Commission licensee, whether ANI's Commission authorizations should be 
revoked, and whether the Application should be granted.
    4. To prevent licensees from evading consequences of wrongdoing by 
selling station licenses, Jefferson Radio prohibits the assignment of a 
license when character qualification issues lie pending against the 
assignor. There is no compelling public interest that would warrant the 
Commission's exemption of ANI from Jefferson Radio. ANI likewise has 
not demonstrated a compelling public interest consideration that would 
warrant grant of an equitable exception to Jefferson Radio. Hubbard's 
six felony convictions present a substantial and material question as 
to whether Hubbard and ANI have the requisite character qualifications 
to hold a broadcast license, therefore, the Jefferson Radio policy will 
apply to the pending assignment application.
    5. Section 309(e), 47 U.S.C. 309(e), requires a ``full hearing in 
which the applicant and all other parties in interest shall be 
permitted to participate.'' The Commission and courts have held that 
the hearing need not be a trial-type evidentiary hearing meeting the 
standards of sections 554 and 556 of the Administrative Procedure Act, 
5 U.S.C. 554, 556. The Commission has repeatedly observed that trial-
type hearings impose significant burdens and delays, both on applicants 
and the agency.
    6. Based on the information before us, we believe this matter can 
be adequately resolved on a written record, or a ``paper'' hearing. The 
Commission recently supplemented its formal hearing process to expand, 
in appropriate cases, procedures for hearings based on written 
submissions and documentary evidence. The presiding officer will issue 
an initial decision based on the record and pursuant to sections 312(a) 
and 312(d) of the Act, 47 U.S.C. 312(a), 312(d), and sections 1.267 and 
1.274(c) of the Rules, 47 CFR 1.267 and 1.274(c).
    7. The initial case order shall inform the parties to file notices 
of appearance pursuant to section 1.91(c) of the Rules, 47 CFR 1.91(c), 
and shall place parties on notice that they must be cognizant of Part I 
of the Rules, 47 CFR part 1, supbarts A and B. The initial case order 
will also set the date for a status conference and will establish a 
deadline for each party's submission indicating: (a) Whether discovery 
is expected and a proposed discovery schedule; (b) preliminary motions; 
(c) proposed case schedule; and whether a protective order is 
requested. Under section 1.246 of the Rules, 47 CFR 1.246, any party 
may serve written requests for admission of the genuineness of relevant 
documents or truth of relevant matters of fact. During the initial 
status conference the presiding officer will set deadlines for: 
Motions, discovery, if applicable, the parties' affirmative case, 
responsive case, reply case, and protective order, if requested, 
pursuant to 47 CFR 1.294, 1.248(b), and 1.371-1.377. In accordance with 
section 1.248 of the Rules, 47 CFR 1.248, and unless the parties agree 
otherwise, an official transcript of all case conferences will be made. 
The Commission also amended section 1.351 of the Rules, 47 CFR 1.351, 
to adopt the evidentiary standard set forth in the formal APA hearing 
requirements which states that oral or documentary evidence may be 
adduced, but the presiding officer shall exclude irrelevant, 
immaterial, or unduly repetitious evidence. Persons or entities seeking 
status as a party in interest in this proceeding must file a petition 
to intervene in accordance with 47 CFR 1.223(a). Anyone else seeking to 
participate in the hearing as a party may file a petition for leave to 
intervene in accordance with 47 CFR 1.223(b).
    8. Accordingly, it is ordered, that pursuant to sections 309(e), 
312(a), 312(c), and 319 of the Act, of the Communications Act of 1934, 
as amended, the captioned authorizations and application are designated 
for a hearing in a consolidated proceeding before the FCC 
Administrative Law Judge, at a time and place to be specified in a 
subsequent order, upon the following issues: (a) To determine the 
effects, if any, of Michael G. Hubbard's felony convictions on his 
qualifications and thus the qualifications of Auburn Network, Inc. to 
be a Commission licensee. (b) To determine whether Michael G. Hubbard 
and thus Auburn Network, Inc. is qualified to be a Commission licensee; 
(c) To determine whether Auburn Network, Inc.'s Commission 
authorizations should be revoked; and (d) To determine whether the 
captioned application for original construction permit for a new FM 
translator station at Auburn, Alabama should be granted, denied, or 
dismissed.
    9. It is further ordered that pursuant to sections 1.91(c) and 
1.221(c) of the Commission's Rules, in order to avail itself of the 
opportunity to be heard and the right to present evidence at a hearing 
in these proceedings, Auburn Network, Inc. and/or Michael G. Hubbard, 
in person or by an attorney, shall file within 20 days of the release 
of this Hearing Designation Order, Order to Show Cause and Notice of 
Opportunity for Hearing, a written appearance stating its intention to 
appear at the hearing and present evidence on the issues specified 
above.
    10. It is further ordered, pursuant to section 1.221(c) of the 
Commission's Rules, that if Auburn Network, Inc. or Michael G. Hubbard 
fails to file a written appearance within the time specified above, or 
has not filed prior to the expiration of that time a petition to 
dismiss without prejudice, or a petition to accept, for good cause 
shown, such written appearance beyond expiration of said 20 days, the 
Administrative Law Judge shall expeditiously dismiss the captioned 
applications with prejudice for failure to prosecute.
    11. It is further ordered, pursuant to sections 1.92(c) of the 
Commission's Rules, that if Auburn Network, Inc. and/or Michael G. 
Hubbard, fails to file a written appearance within the time specified 
above, or has not filed prior to the expiration of that time a petition 
to dismiss without prejudice, or a petition to accept, for good cause 
shown, such written appearance beyond expiration of said 20 days, the 
right to a hearing shall be deemed waived. Where a hearing is waived, 
the Administrative Law Judge shall issue an order terminating the 
hearing proceeding and certifying the case to the Commission.
    12. It is further ordered that the Chief, Enforcement Bureau, is 
made a party to this proceeding without the need to file a written 
appearance.
    13. It is further ordered that, in accordance with section 312(d) 
of the Communications Act of 1934, as amended, and section 1.91(d) of 
the Commission's Rules, the burden of proceeding with the introduction 
of evidence and the burden of proof with respect to the issues at 
paragraph 31 (a)-(c) shall be upon the Commission's Enforcement Bureau.
    14. It is further ordered that, in accordance with section 309(e) 
of the Communications Act of 1934, as amended, and section 1.254 of the 
Commission's Rules, the burden of proceeding with the introduction of 
evidence and the burden of proof with respect to the issue at paragraph 
31(d) of the Order shall be upon Auburn Network, Inc. and Michael G. 
Hubbard,.
    15. It is further ordered that a copy of each document filed in 
this proceeding subsequent to the date of adoption of this Hearing 
Designation Order, Order to Show Cause and Notice of Opportunity for 
Hearing shall be served on the counsel of record appearing on behalf of 
the Chief, Enforcement Bureau. Parties may inquire as to the identity 
of such counsel by calling the Investigations &

[[Page 15671]]

Hearings Division of the Enforcement Bureau at (202) 418-1420. Such 
service copy shall be addressed to the named counsel of record, 
Investigations & Hearings Division, Enforcement Bureau, Federal 
Communications Commission, 45 L Street NE, Washington, DC 20554.
    16. It is further ordered that the parties to the captioned 
applications shall, pursuant to section 311(a)(2) of the Communications 
Act of 1934, as amended, and section 73.3594 of the Commission's Rules, 
give notice of the hearing within the time and in the manner prescribed 
in such Rule, and shall advise the Commission of the satisfaction of 
such requirements as mandated by section 73.3594 of the Commission's 
Rules.
    17. It is further ordered that copies of this Hearing Designation 
Order, Order to Show Cause and Notice of Opportunity for Hearing shall 
be sent via Certified Mail, Return Receipt Requested, and by regular 
first-class mail to Michael G. Hubbard, Auburn Network, Inc., P.O. Box 
950, Auburn, AL 36831, and M. Scott Johnson, 5028 Wisconsin Avenue NW, 
Suite 301, Washington, DC 20016.
    18. It is further ordered that the Secretary of the Commission 
shall cause to have this Hearing Designation Order, Order to Show Cause 
and Notice of Opportunity for Hearing or a summary thereof published in 
the Federal Register.

Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
[FR Doc. 2021-05983 Filed 3-23-21; 8:45 am]
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