FCC Record, Volume 27, No. 3, Pages 1878 to 2785, February 21 - March 16, 2012 Page: 2,106
xi, 1878-2785 p. ; 28 cm.View a full description of this book.
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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Reclassification of License of )
Class A Television Station KVHM-LP ) Facility ID No. 28078
Victoria, Texas )
ORDER TO SHOW CAUSE
Adopted: February 23, 2012 Released: February 28, 2012
By the Chief, Video Division, Media Bureau:
1. This is with respect to station KVHM-LP, Victoria, Texas, which was licensed to
Humberto Lopez until his death in May 2011.' This station is currently licensed as a Class A television
station, which are accorded primary spectrum use status pursuant to the Community Broadcasters
Protection Act of 1999 ("CBPA").2
2. By letters dated March 25, 2011 and August 3, 2011, the Video Division of the Media
Bureau requested information from Lopez regarding his apparent failure to make the required filing of
quarterly FCC Form 398 (Children's Television Programming Report) for the station. As the March 25,
2011 letter set forth, beginning on the date of its application for Class A license and thereafter, the CBPA
requires that a station must be "in compliance with the Commission's operating rules for full-power
television stations."3 In implementing the CBPA and establishing the Class A television service,4 the
Commission applied to Class A licensees all Part 73 regulations except for those that could not apply for
technical or other reasons. Among the Part 73 requirements that apply to Class A licensees are the
Commission's main studio requirements; rules governing informational and educational children's
programming and the limits on commercialization during children's programming; the requirement to
identify a children's programming liaison at the station and to provide information regarding "core"
educational and informational programming aired by the station to publishers of television program
guides; the public inspection file rule, including preparing and placing in the public inspection file on a
quarterly basis an issues/programs list and the station's quarterly-filed Children's Television
Programming Report; the political programming rules; station identification requirements; and the
Emergency Alert System (EAS) rules.
There is presently pending an application for involuntary assignment of the license to Carlos Lopez, Executor of
the Estate of Humberto I.. Lopez (FCC File No. BAILTTA-201 11107AFD). For purposes of this Order to Show
Cause. we will continue to refer to the licensee as "'Lopez."
2 Community Broadcasters Protection Act of 1999, Pub. L. No. 106-113. 113 Stat. Appendix I at pp. O1501A-594 -
1501A-598 (1999), codifiedat 47 U.S.C. 336.
S47 U.S.C. 336(f)(2)(A)(ii).
4 In the Matter of Establishment ofa Class .4 Television Service, MM Docket No. 00-10, Report and Order, 15 FCC
Red 6355, 6366 (2000)("R & O"), Memorandum Opinion and Order on Reconsideration, 16 FCC Red 8244. 8254-
56 (2001).
SR & O. 15 FCC Red at 6366.2106
Federal Communications Commission
DA 12-286
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 3, Pages 1878 to 2785, February 21 - March 16, 2012, book, March 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc94252/m1/247/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.