[Federal Register Volume 86, Number 76 (Thursday, April 22, 2021)]
[Notices]
[Pages 21319-21320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08293]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 21-384; MB Docket No. 21-118; FRS 20903]


Vandalia Media Partners 2, LLC, Application for Renewal of 
License of AM Radio Station WJEH(AM), Gallipolis, OH

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: This document commences a hearing to determine whether the 
application filed by Vandalia Media Partners 2, LLC to renew its 
license for radio station WJEH(AM), Gallipolis, Ohio, should be 
granted. The application has been designated for hearing based on the 
station's extended silence and operation at reduced power since 
becoming the licensee on December 31, 2019.

DATES: Persons desiring to participate as parties in the hearing shall 
file a petition for leave to intervene not later than May 24, 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. 21-118.''

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. 21-118, DA 21-384, adopted April 1, 2021, 
and released April 2, 2021. The full text of the Order is available 
online by using the search function for MB Docket No. 21-118 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 the application filed by Vandalia Media Partners 
2, LLC (Vandalia) to renew the license for radio station WJEH(AM), 
Gallipolis, Ohio (WJEH Renewal Application) should be granted pursuant 
to section 309(k)(1) of the Communications Act of 1934 (Act), 47 U.S.C. 
309(k)(1). The WJEH Renewal Application is designated for hearing based 
on the station's record of extended silence and operation at 
significantly reduced power during and following its license term.
    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 also are required to operate in 
compliance with the Act and the Commission's rules (Rules). These 
requirements include the obligation to transmit potentially lifesaving 
national level Emergency Alert System (EAS) messages in times of 
emergency and to engage in periodic tests to ensure that their stations 
are equipped to do so.
    3. The basic duty of broadcast licensees to serve their communities 
is reflected in the license renewal provisions of the Act. In 1996, 
Congress revised the Commission's license renewal process and the 
renewal standards for broadcast stations by adopting section 309(k) of 
the Act, 47 U.S.C. 309(k). Section 309(k)(1) of the Act, 47 U.S.C. 
309(k)(1), provides that the Commission shall grant a license renewal 
application if it finds, with respect to the applying station, that 
during the preceding license term: (a) The station has served the 
public interest, convenience, and necessity; (b) there have been no 
serious violations by the licensee of the Act or the Rules; and (c) 
there have been no other violations by the licensee of the Act or the 
Rules which, taken together, would constitute a pattern of abuse. 
Section 309(k)(2) of the Act, 47 U.S.C. 309(k)(2), provides that if a 
station fails to meet the foregoing standard, the Commission may deny 
the renewal application pursuant to Section 309(k)(3), 47 U.S.C. 
309(k)(3), or grant the application on appropriate terms and 
conditions, including a short-term renewal. Section 309(k)(3) of the 
Act, 47 U.S.C. 309(k)(3), provides that if the Commission determines, 
after notice and opportunity for hearing, that the licensee has failed 
to meet the standard of section 309(k)(1), 47 U.S.C. 309(k)(1), and 
that no mitigating factors justify the imposition of lesser sanctions, 
the Commission shall issue an order denying the license renewal 
application for the station.
    4. Section 312(g) of the Act, 47 U.S.C. 312(g), provides that if a 
broadcasting station fails to transmit broadcast signals for any 
consecutive 12-month period, then the station license granted for the 
operation of that broadcast station expires at the end of that period, 
notwithstanding any provision, term, or condition of the license to the 
contrary, except that the Commission may extend or reinstate such 
station license if the holder of the station license prevails in an 
administrative or judicial appeal, the applicable law changes, or for 
any other reason to promote equity and fairness. As an attempt to avoid 
license expiration, stations have resumed operations for short periods 
of time, in some cases one or two days, or operated at significantly 
reduced power, before the one-year period of silence concludes. This 
practice raises a question of whether license renewal is in the public 
interest if the station has been silent for most or all of the license 
term or has not served the community of license consistent with the 
license authorization.
    5. WJEH(AM) (Station) was licensed to Vandalia on December 31, 2019 
as a Class D AM station serving Gallipolis, Ohio. The Station was 
silent from December 31, 2019 through the end of the license term. 
After the conclusion of the license term, the Station resumed 
operations at 10% of the power output authorized by its license. Due to 
the Station's extended silence and operation at significantly reduced 
power, we are unable to find that grant of the renewal application is 
in the public interest.
    6. Section 309(k)(3) of the Act, 47 U.S.C. 309(k)(3), requires 
``notice and opportunity for a hearing as provided in subsection (e).'' 
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.
    7. 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

[[Page 21320]]

pursuant to section 309(k) of the Act, 47 U.S.C. 309(k), and sections 
1.267 and 1.274(c) of the Rules, 47 CFR 1.267 and 1.274(c).
    8. 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 
also sets the date for a status conference and the 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 has 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. 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).
    9. Accordingly, it is ordered, pursuant to sections 309(e) and 
309(k) of the Communications Act of 1934, as amended, 47 U.S.C. 309(e) 
and 309(k), and pursuant to authority delegated under section 0.284 of 
the Commission's Rules, 47 CFR 0.284, that the captioned application is 
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, with 
respect to station WJEH(AM), Gallipolis, Ohio, whether, during the 
preceding license term, (i) the Station has served the public interest, 
convenience, and necessity, (ii) there have been any serious violations 
by the licensee of the Communications Act of 1934, as amended, or the 
rules and regulations of the Commission, and (iii) there have been any 
other violations of the Communications Act of 1934, as amended, or the 
rules and regulations of the Commission which, taken together, would 
constitute a pattern of abuse; and; (b) In light of the evidence 
adduced pursuant to issue (a) above, whether the captioned application 
for renewal of the license for station WJEH(AM) should be granted on 
such terms and conditions as are appropriate, including renewal for a 
term less than the maximum otherwise permitted, or denied due to 
failure to satisfy the requirements of section 309(k)(1) of the 
Communications Act of 1934, as amended, 47 U.S.C. 309(k)(1).
    10. It is further ordered that, pursuant to section 1.221(c) of the 
Commission's Rules, 47 CFR 1.221(c), in order to avail itself of the 
opportunity to be heard and the right to present evidence at a hearing 
in these proceedings, Vandalia Media Partners 2, LLC, in person or by 
an attorney, shall file within 20 days of the release of this Hearing 
Designation Order 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.
    11. It is further ordered, pursuant to section 1.221(c) of the 
Commission's Rules, 47 CFR 1.221(c), that if Vandalia Media Partners 2, 
LLC 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 309(e) 
of the Communications Act of 1934, as amended, 47 U.S.C. 309(e), and 
section 1.254 of the Commission's Rules, 47 CFR 1.254, the burden of 
proceeding with the introduction of evidence and the burden of proof 
with respect to the issues at paragraph 28 (a)-(b) of the Hearing 
Designation Order and Notice of Opportunity for Hearing shall be upon 
Vandalia Media Partners 2, LLC.
    14. 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 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 & 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.
    15. It is further ordered that the parties to the captioned 
application shall, pursuant to section 311(a)(2) of the Communications 
Act of 1934, as amended, 47 U.S.C. 311(a)(2) and section 73.3594 of the 
Commission's Rules, 47 CFR 73.3594, 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, 47 CFR 73.3594.
    16. It is further ordered that copies of this Hearing Designation 
Order and Notice of Opportunity for Hearing shall be sent via Certified 
Mail, Return Receipt Requested, and by regular first-class mail to 
Vandalia Media Partners 2, LLC, Thomas L. Susman, 1210 Kanawha Blvd. 
East, Charleston, WV 25301 and Aaron P. Shainis, Esq., 1850 M St. NW, 
Ste. 240, Washington, DC 20036.
    17. It is further ordered that the Secretary of the Commission 
shall cause to have this Hearing Designation Order 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. 2021-08293 Filed 4-21-21; 8:45 am]
BILLING CODE 6712-01-P