Vandalia Media Partners 2, LLC, Application for Renewal of License of AM Radio Station WJEH(AM), Gallipolis, OH
| Published date | 22 April 2021 |
| Citation | 86 FR 21319 |
| Record Number | 2021-08293 |
| Section | Notices |
| Court | Federal Communications Commission |
21319
Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Notices
CONTACT PERSON FOR MORE INFORMATION
:
Rachel V. See, Acting Executive Officer,
(202) 921–2545.
Dated: April 20, 2021.
Rachel V. See,
Acting Executive Officer, Executive
Secretariat.
[FR Doc. 2021–08490 Filed 4–20–21; 4:15 pm]
BILLING CODE 6570–01–P
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.
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
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21320
Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Notices
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
FEDERAL RESERVE SYSTEM
Change in Bank Control Notices;
Acquisitions of Shares of a Bank or
Bank Holding Company
The notificants listed below have
applied under the Change in Bank
Control Act (Act) (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire shares of a bank
or bank holding company. The factors
that are considered in acting on the
applications are set forth in paragraph 7
of the Act (12 U.S.C. 1817(j)(7)).
The public portions of the
applications listed below, as well as
other related filings required by the
Board, if any, are available for
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