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KGLR-LP, Lubbock, TX

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Released: September 7, 2012

Federal Communications Commission

DA 12-1455

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Reclassification of License of
)
Class A Television Station KGLR-LP
)
Facility ID No. 39142
Lubbock, Texas
)
)

ORDER

Adopted: September 6, 2012

Released: September 7, 2012

By the Chief, Video Division, Media Bureau:
1.
This is with respect to station KGLR-LP, Lubbock, Texas, licensed to Lubbock
Television Company (“LTC”). 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”).1
2.
By letters dated March 28, 2011 and August 18, 2011, the Video Division of the Media
Bureau requested information from LTC regarding its apparent failure to make the required filing of
quarterly FCC Form 398 (Children’s Television Programming Report) for the station for the second, third
and fourth quarters in 2009 and all four quarters in 2010.2 Both letters required that the information be
provided within 30 days of the date of the letter, and cautioned that failure to provide the information
could result in a change of the station’s status from Class A television to low power television. LTC
failed to respond to the Division’s letters or to file the required Children’s Television Programming
Reports. Accordingly, pursuant to Section 316(a) of the Communications Act of 1934, as amended,3 the
Video Division issued an Order to Show Cause why the license for KGLR-LP should not be modified to
specify the station as a low power television station.4
3.
LTC was afforded until March 30, 2012, to file a written statement why its license should
not be so modified, and was also notified that if no written statement was filed by that date, it would be
deemed to have consented to the modification of the KGLR-LP license from Class A television status to
low power television status. LTC did not file a written statement in response to the Order to Show Cause,
and, therefore, we deem it to have accepted the modification of the KGLR-LP license to low power


1 Community Broadcasters Protection Act of 1999, Pub. L. No. 106-113, 113 Stat. Appendix I at pp. 1501A-594 –
1501A-598 (1999), codified at 47 U.S.C. § 336. 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.” 47 U.S.C. § 336(f)(2)(A)(ii); see also In the Matter of Establishment of a Class A
Television Service
, MM Docket No. 00-10, Report and Order, 15 FCC Rcd 6355, 6366 (2000), Memorandum
Opinion and Order on Reconsideration, 16 FCC Rcd 8244, 8254-56 (2001); 47 C.F.R. §§ 73.6001, 73.6026. KGLR-
LP was granted Class A television status in 2001.
2 See 47 C.F.R. §§ 73.671, 73.3526 and 73.6026.
3 47 U.S.C. § 316(a).
4 Reclassification of License of Class A Television Station KGLR-LP, Lubbock, Texas, Order to Show Cause, 27
FCC Rcd 1912 (Vid. Div. 2012). In addition to the period covering 2009 through 2010, the Order to Show Cause
noted that LTC had also failed to file Children’s Television Programming Reports for all four quarters in 2011.

Federal Communications Commission

DA 12-1455

television status.5 Further, because LTC failed to file Children’s Television Programming Reports (FCC
Form 398) for the period 2009 through 2011 and has not responded to the Video Division’s two letters
regarding this failure or to the Order to Show Cause, we find that it has not fulfilled its obligations as a
Class A licensee and that the modification of its Class A license to a low power television license
therefore serves the public interest.
4.
IT IS THEREFORE ORDERED, pursuant to Sections 4(i), 316, and 332(f)(2)(A)(ii) of
the Communications Act, 47 U.S.C. §§ 154(i), 316, 332(f)(2)(A)(ii), and Sections 1.87, 73.6001, and
73.6026 of the Commission’s rules, 47 C.F.R. §§ 1.87, 73.6001, 73.6026, that the license for station
KGLR-LP, Lubbock, Texas is modified from Class A television status to low power television status,
effective as of this date.
5.
IT IS FURTHER ORDERED, That a copy of this Order shall be sent by Certified Mail,
Return Receipt Requested, to Lubbock Television Company and its President as indicated below:
KGLR-LP, Lubbock Television Company
3311A 81st Street
Lubbock, Texas 79423
G. Larry Rice
3102 80th Street
Lubbock, Texas 79423
6.
This action is taken pursuant to authority delegated by Sections 0.61 and 0.283 of the
Commission’s rules, 47 C.F.R. §§ 0.61, 0.283.
FEDERAL COMMUNICATIONS COMMISSION
Barbara A. Kreisman
Chief, Video Division
Media Bureau


5 47 C.F.R. § 1.87(g)(1), (h) (Absent good cause shown, the right to file a protest or have a hearing is waived if
licensee does not file a timely protest or statement of intent to appear at a hearing, and “[w]here the right to file a
protest or have a hearing is waived, the licensee . . . will be deemed to have consented to the modification as
proposed and a final decision may be issued by the Commission accordingly.”)
2

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