FCC Record, Volume 27, No. 4, Pages 2786 to 3727, March 19 - April 6, 2012 Page: 2,836
ix, 2786-3727 p. ; 28 cm.View a full description of this book.
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Television Programming Report; the political programming rules; station identification requirements; and
the Emergency Alert System (EAS) rules.6
4. Class A television licensees are also subject to the regulations regarding fines and
penalties applicable to full power television stations, and are subject to loss of Class A status if they fail
to meet these ongoing program service and operating requirements.' In addition, as the Commission
explained in the Class A Memorandum Opinion and Order on Reconsideration:
Although Class A licensees will not be subject to loss of license for failure to continue to
comply with the eligibility requirements in section (f)(2)(A) of the CPBA [including that they
be in compliance with the Commission's rules for full-power stations after they file for a Class
A license], they are subject to loss of Class A status if they fail to meet these ongoing
obligations.... We [have] also adopted a rule stating that "Licensees unable to continue to
meet the minimum operating requirements for Class A television stations . .. shall promptly
notify the Commission in writing, and request a change in status [to low power]."'
5. Section 316(a) of the Communications Act, as amended, permits the Commission to
modify an authorization if such action is in the public interest.9 Further, pursuant to Section 316(a), we
are required to notify the affected station of the proposed action, as well as the public interest reasons for
the action, and to afford the licensee at least 30 days to respond. This procedure is set forth in Section
1.87 of the Commission's Rules.'0
6. Commission records show that, on November 10, 2007, station KXLK-CA went silent
pursuant to special temporary authority (STA), citing "financial constraints," and stating that it was
"actively working to develop a strategic plan for the optimal use of the Station's resources in order to
resolve the situation so that the station may resume its broadcast service at the earliest practicable date."''
CASA represented that the station briefly resumed broadcasts on November 6, 2008, to avoid automatic
expiration of the license pursuant to Section 312(g) of the Communications Act of 1934, 12 but went
silent again the next day because of"financial hardship.""3 The station remained silent until November 4,
2009, but again went dark on November 13, 2009 because of"financial difficulties."'4 Station KXLK-
CA purportedly resumed operations briefly at a new sites on November 11, 2010, but went silent on
January 19, 2011, "due to continuing financial difficulties, including the bankruptcy of the Licensee's
General Partner."'16 The station again briefly resumed broadcasting for short periods from March 18,
6 R & O, 15 FCC Red at 6366.
7 MO & 0 on Recon, 16 FCC Red at 8257.
gId.
9 47 U.S.C. 316(a).
10 47 C.F.R. 1.87.
" File No. BLSTA-20071207AAN.
1 47 U.S.C. 312(g). This section of the Act provides, in pertinent part, 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 the period, notwithstanding any provision, term, or condition of the
license to the contrary ...."
'" File Nos. BLSTA-20081112AJN and BLESTA-20090501ABI.
14 File No. BLSTA-20091123AAF and BLESTA-20100507ACV.
'5 File No. BSTA-20101104ACI, granted November 9, 2010.
16 File No. BLSTA-20110120ABL.2836
Federal Communications Commission
DA 12-439
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 4, Pages 2786 to 3727, March 19 - April 6, 2012, book, April 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc102306/m1/67/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.