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WKAG-CA, Hopkinsville, KY

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Released: April 25, 2012

Federal Communications Commission

DA 12-638

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Reclassification of License of
)
Class A Television Station WKAG-CA
)
Facility ID No. 34243
Hopkinsville, Kentucky
)
)

ORDER

Adopted: April 24, 2012

Released: April 25, 2012

By the Chief, Video Division, Media Bureau:
1.
This is with respect to station WKAG-CA, Hopkinsville, Kentucky, licensed to Owen
Broadcasting, LLC (“Owen”). 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 23, 2011 and August 3, 2011, the Video Division of the Media
Bureau requested information from Owen regarding its apparent failure to make the required filing of
quarterly FCC Form 398 (Children’s Television Programming Report) for the station for all four quarters
of 2006, 2007, 2008, 2009 and 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. Owen 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 WKAG-CA should not be modified to specify the station as
a low power television station.4
3.
Owen 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 WKAG-CA license from Class A
television status to low power television status. Owen 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 WKAG-CA


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.
WKAG-CA was granted Class A television status in 2002.
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 WKAG-CA, Hopkinsville, Kentucky, Order to Show
Cause, DA 12-293 (Vid. Div. rel. Feb. 28, 2012).

Federal Communications Commission

DA 12-638

license to low power television status.5 Further, because Owen has failed to file Children’s Television
Programming Reports (FCC Form 398) for the period 2006 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 the Owen has
not fulfilled its obligations as a Class A television 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
WKAG-CA, Hopkinsville, Kentucky 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 Owen Broadcasting, LLC as indicated below:
Owen Broadcasting, LLC
P. O. Box 4300
Hopkinsville, Kentucky 42241-4300
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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