Auburn Network, Inc., License Revocation Proceeding for Radio Stations in the Auburn, AL Market
| Citation | 86 FR 15669 |
| Record Number | 2021-05983 |
| Published date | 24 March 2021 |
| Section | Notices |
| Court | Federal Communications Commission |
15669
Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices
II. Background
As part of its environmental mission,
the Safer Choice program partners with
businesses to help consumers and
commercial buyers identify products
with safer chemical ingredients, without
sacrificing quality or performance.
Toward this end, the Safer Choice
program certifies products containing
ingredients that have met the program’s
specific and rigorous human health and
environmental toxicological criteria.
The Safer Choice program allows
companies to use its label on certified
products that contain safer ingredients
and perform, as determined by expert
evaluation. The Safer Choice program
certification represents a high level of
achievement in formulating products
that are safer for people and the
environment. The purpose of the
Partner of the Year Awards is to
recognize the leadership contributions
of Safer Choice partners and
stakeholders who, over the past year,
have shown achievement in the design,
manufacture, selection, and use of
products with safer chemicals, that
further outstanding or innovative source
reduction. EPA especially encourages
submission of award applications that
show how the applicant’s work in the
design, manufacture, selection and use
of those products promotes
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resilience to the impacts of climate
change, results in cleaner air or water,
or improves drinking water quality.
III. How can I participate?
To be considered for a Partner of the
Year Award, candidates should notify
the Safer Choice program of their
interest. They should submit supporting
information on their accomplishments
and contributions focusing on calendar
year 2020. There is no form associated
with this year’s application. Candidates
interested in learning more about the
Partner of the Year Awards should refer
to the Safer Choice website: https://
www.epa.gov/saferchoice/safer-choice-
partner-year-awards.
Authority: 42 U.S.C. 13103(b)(13) and 15
U.S.C. 2609.
Dated: March 18, 2021.
Michal Freedhoff,
Acting Assistant Administrator, Office of
Chemical Safety and Pollution Prevention.
[FR Doc. 2021–06058 Filed 3–23–21; 8:45 am]
BILLING CODE 6560–50–P
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.
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
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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 &
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Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices
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]
BILLING CODE 6712–01–P
FEDERAL MARITIME COMMISSION
Notice of Agreements Filed
The Commission hereby gives notice
of the filing of the following agreements
under the Shipping Act of 1984.
Interested parties may submit
comments, relevant information, or
documents regarding the agreements to
the Secretary by email at Secretary@
fmc.gov, or by mail, Federal Maritime
Commission, Washington, DC 20573.
Comments will be most helpful to the
Commission if received within 12 days
of the date this notice appears in the
Federal Register. Copies of agreements
are available through the Commission’s
website (www.fmc.gov) or by contacting
the Office of Agreements at (202) 523–
5793 or tradeanalysis@fmc.gov.
Agreement No.: 201355–001.
Agreement Name: NPDL/PFLG Slot
Charter Agreement.
Parties: Neptune Pacific Direct Line
Pte. Ltd. and Pacific Forum Line
(Group) Limited.
Filing Party: David Monroe; GKG Law.
Synopsis: The amendment updates
the commencement date of the slot
charter arrangement.
Proposed Effective Date: 3/17/2021.
Location: https://www2.fmc.gov/
FMC.Agreements.Web/Public/
AgreementHistory/39509.
Agreement No.: 201356–001.
Agreement Name: PFLG/NPDL Slot
Charter Agreement.
Parties: Neptune Pacific Direct Line
Pte. Ltd. and Pacific Forum Line
(Group) Limited.
Filing Party: David Monroe; GKG Law.
Synopsis: The amendment updates
the commencement date of the slot
charter arrangement.
Proposed Effective Date: 3/17/2021.
Location: https://www2.fmc.gov/
FMC.Agreements.Web/Public/
AgreementHistory/39510.
Agreement No.: 201358–001.
Agreement Name: NPDL/ANLS Slot
Charter Agreement.
Parties: Neptune Pacific Direct Line
Pte. Ltd. and ANL Singapore Pte Ltd.
Filing Party: David Monroe; GKG Law.
Synopsis: The amendment updates
the commencement date of the slot
charter arrangement.
Proposed Effective Date: 3/17/2021.
Location: https://www2.fmc.gov/
FMC.Agreements.Web/Public/
AgreementHistory/40502.
Dated: March 19, 2021.
Rachel E. Dickon,
Secretary.
[FR Doc. 2021–06098 Filed 3–23–21; 8:45 am]
Billing Code 3760–02
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Disease, Disability, and Injury
Prevention and Control Special
Emphasis Panel (SEP)—RFA–IP–21–
001, Promoting the Importance of
Infant and Childhood Vaccination
Among Pregnant Women by Prenatal
Care Providers; and RFA–IP–21–002,
US Enhanced Surveillance Network to
Assess Burden, Natural History, and
Effectiveness of Vaccines To Prevent
Enteric and Respiratory Viruses in
Children; Amended Notice of Meeting
Notice is hereby given of a change in
the meeting of the Disease, Disability,
and Injury Prevention and Control
Special Emphasis Panel (SEP)—RFA–
IP–21–001, Promoting the Importance of
Infant and Childhood Vaccination
Among Pregnant Women by Prenatal
Care Providers; and RFA–IP–21–002, US
Enhanced Surveillance Network to
Assess Burden, Natural History, and
Effectiveness of Vaccines to Prevent
Enteric and Respiratory Viruses in
Children; April 13–14, 2021, 10 a.m.–5
p.m., EDT, Teleconference, Centers for
Disease Control and Prevention, Room
1080, 8 Corporate Square Boulevard,
Atlanta, Georgia 30329–4027. The
meeting was published in the Federal
Register on January 11, 2021, Volume
86, Number 6, page 1976.
The meeting is being amended to
change the title and meeting date of the
special emphasis panel from RFA–IP–
21–001, Promoting the Importance of
Infant and Childhood Vaccination
Among Pregnant Women by Prenatal
Care Providers; and RFA–IP–21–002, US
Enhanced Surveillance Network to
Assess Burden, Natural History, and
Effectiveness of Vaccines to Prevent
Enteric and Respiratory Viruses in
Children; April 13–14, 2021, 10 a.m.–5
p.m., EDT to RFA–IP–21–001,
Promoting the Importance of Infant and
Childhood Vaccination Among Pregnant
Women by Prenatal Care Providers; and
RFA–IP–21–003, Collaborative Research
on Influenza, Coronavirus Disease 2019
(COVID–19), and Other Respiratory
Pathogens in South Africa; May 13,
2021, 10 a.m.–5 p.m., EDT. The meeting
is closed to the public.
FOR FURTHER INFORMATION CONTACT
:
Gregory Anderson, M.S., M.P.H.,
Scientific Review Officer, CDC, 1600
Clifton Road NE, Mailstop US8–1,
Atlanta, Georgia 30329–4027, (404) 718–
8833, ganderson@cdc.gov.
The Director, Strategic Business
Initiatives Unit, Office of the Chief
Operating Officer, Centers for Disease
Control and Prevention, has been
delegated the authority to sign Federal
Register notices pertaining to
announcements of meetings and other
committee management activities, for
both the Centers for Disease Control and
Prevention and the Agency for Toxic
Substances and Disease Registry.
Kalwant Smagh,
Director, Strategic Business Initiatives Unit,
Office of the Chief Operating Officer, Centers
for Disease Control and Prevention.
[FR Doc. 2021–06006 Filed 3–23–21; 8:45 am]
BILLING CODE 4163–18–P
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