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KXLK-CA, Austin, TX

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Released: March 23, 2012

Federal Communications Commission

DA 12-439

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Reclassification of License of
)
Class A Television Station KXLK-CA
)
Facility ID No. 48836
Austin, Texas
)
)

ORDER TO SHOW CAUSE

Adopted: March 21, 2012

Released: March 23, 2012

By the Chief, Video Division, Media Bureau:
1.
This is with respect to station KXLK-CA, Austin, Texas, licensed to CASA of Austin,
L.P. (CASA). 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.
In order to qualify for Class A status, the CBPA provides that, during the 90 days
preceding enactment of the statute, a low power television station must have: (1) broadcast a minimum of
18 hours per day; (2) broadcast an average of at least three hours per week of programming produced
within the market area served by the station; and (3) been in compliance with the Commission’s rules for
low power television stations.2 Class A licensees must continue to meet these eligibility criteria in order
to retain Class A status.3
3.
In addition, beginning on the date of its application for a Class A license and thereafter,
the CBPA requires that a station must also be “in compliance with the Commission’s operating rules for
full-power television stations.”4 In implementing the CBPA and establishing the Class A television
service,5 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 FCC Form 398 (Children’s


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.
2 47 U.S.C. § 336(f)(2)(A)(i).
3 47 U.S.C.. § 336(f)(1)(A)(ii); 47 C.F.R. § 73.6001(b).
4 47 U.S.C. § 336(f)(2)(A)(ii). CASA filed its application for a Class A license on July 12, 2001, and was granted
Class A status on August 13, 2001.
5 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)(“R & O”), Memorandum Opinion and Order on Reconsideration, 16 FCC Rcd 8244, 8254-
56 (2001)(“MO & O on Recon”).

Federal Communications Commission

DA 12-439

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.7 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].”8
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.10
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.”11
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.”13 The station remained silent until November 4,
2009, but again went dark on November 13, 2009 because of “financial difficulties.”14 Station KXLK-
CA purportedly resumed operations briefly at a new site15 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 Rcd at 6366.
7 MO & O on Recon, 16 FCC Rcd at 8257.
8 Id.
9 47 U.S.C. § 316(a).
10 47 C.F.R. § 1.87.
11 File No. BLSTA-20071207AAN.
12 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 . . ..”
13 File Nos. BLSTA-20081112AJN and BLESTA-20090501ABI.
14 File No. BLSTA-20091123AAF and BLESTA-20100507ACV.
15 File No. BSTA-20101104ACI, granted November 9, 2010.
16 File No. BLSTA-20110120ABL.
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Federal Communications Commission

DA 12-439

2011 through April 1, 2011,17 and from March 14, 2012 through March 17, 2012.18 In short, station
KXLK-CA has been on the air for less than four of the preceding 52 months.
7.
Class A television stations are required to broadcast a minimum of 18 hours per day and
an average of at least three hours per week of programming produced within the market area served by
the station. Based on Commission records, station KXLK-CA clearly failed to meet these statutory
requirements for slightly more than 3 of the last 52 months. We conclude that under these circumstances,
CASA should have notified the Commission of its inability to meet the ongoing Class A eligibility
requirements and requested a change in station status from Class A to low power television station
pursuant to Section 73.6001 of the Commission’s Rules.19 While the Commission has acknowledged that
“in appropriately compelling circumstances involving a temporary inability to comply,” a licensee can
apply for an STA to operate at variance with the CBPA’s operational and programming requirements
without affecting its Class A status,20 the record now before us does not present such a case. Instead, the
record indicates that CASA made a business decision to cease operations for financial reasons, and the
station has been off-the-air almost continuously since November 10, 2007.
8.
IT IS THEREFORE ORDERED, That, CASA of Austin, L.P show cause why its
authorization for Class A television station KXLK-CA, Austin, Texas, should not be modified to specify
the station as a low power television station.
9.
Pursuant to Section 1.87 of the Commission’s Rules, CASA of Austin, L.P. may, no later
than April 27, 2012, file a written statement why the above-captioned license should not be modified as
proposed herein. The written statement, if any, must be mailed to Office of the Secretary, Federal
Communications Commission, 445 12th Street, S.W., Washington, D.C. 20554, Attention: Barbara A.
Kreisman, Chief, Video Division, Media Bureau. An electronic copy should also be sent to David
Brown, Associate Chief, Video Division at the e-mail address listed below. Upon review of the statement
and/or additional information, the Commission may grant the modification, deny the modification, or set
the matter for hearing. If no written statement is filed by April 27, 2012, the licensee will be deemed to
have consented to the modification of its license from Class A television status to low power television
status, and the modification proposed in this Order to Show Cause will be deemed to serve the public
interest.
10.
IT IS FURTHER ORDERED, That a copy of this Order to Show Cause shall be sent by
Certified Mail, Return Receipt Requested, to CASA of Austin, L.P. and to its counsel, as indicated below:
CASA of Austin, L.P.
823 West Center Avenue
Visalia, CA 93291
Kathleen Victory, Esq.
Fletcher, Heald & Hildreth, PLC
1300 North 17th Street
11th Floor
Arlington, VA 22209


17 File No. BLSTA-20110404AGI.
18 File No. BLSTA-20120319AHO.
19 47 C.F.R. § 73.6001(d).
20 M O & O on Recon, 16 FCC Rcd at 8257, n.76.
3

Federal Communications Commission

DA 12-439

11.
For further information concerning the proceeding, contact David J. Brown, Associate
Chief, Video Division, Media Bureau, at David.Brown@fcc.gov or (202) 418-1645.
FEDERAL COMMUNICATIONS COMMISSION
Barbara A. Kreisman
Chief, Video Division
Media Bureau
4

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