Re: Application for Assignment and Operational Status Inquiry
KHFW-LD, Dallas, Texas Facility ID No. 130952
Dear Licensee/Counsel:
This letter is with regard to the operational status of the above-captioned station (KHFW or Station) licensed to Iglesia Manmin Toda la Creacion USA Inc. (IMTC or Licensee). On February 22, 2022, IMTC filed an application to assign KHFW to Hispanic Family Christian Network, Inc. On April 7, 2022, IMTC submitted a late-filed license renewal application for the Station, and on March 18, 2022, IMTC filed and subsequently was granted silent authority for the Station (Silent STA). On September 15, 2022, IMTC belatedly filed a second request for silent authority, which remains pending (Second Silent Request). As a result of the Station’s silence, its license renewal application is not grantable and the assignment application cannot be acted upon. Therefore, we direct you to provide the information requested below within 30 days of the date of this letter.
In its Silent STA, Licensee certified that the Station went silent on January 15, 2022, “in anticipation of moving to a different transmitter site for which a modification application will be filed in the near future.” The Station’s silent authority expired on July 15, 2022. Although Licensee recently filed the Second Silent Request seeking to extend its silent authority, Licensee does not appear to have made any progress toward resuming operation, as you state that you still have not secured a “more suitable site.”
Pursuant to section 73.1635 of the Commission’s rules (Rules), an STA may be granted for an initial period not to exceed 180 days, and a limited number of extensions authorizations may be granted for additional periods not exceeding 180 days. Further, when seeking an extension, the licensee “must demonstrate that any further extensions requested are necessary and that all steps to resume normal operation are being undertaken in an expeditions and timely fashion.” Accordingly, we seek the following information regarding the Station’s operational status and timeline for resuming operation.
1. A timeline specifying all steps that have been taken to resume operation since the Station went silent on January 15, 2022, including dates for each action, the names of the individuals taking such actions, and supporting documentation including but not limited to invoices, correspondence, payments, etc.
2. The steps that Licensee must take to return the Station to operational status, a timeline for undertaking such actions, and an estimated date as to when you expect the Station will resume operations, including documentation supporting its plan and ability to resume operation by January 15, 2023 – the Station’s one year anniversary of going silent.
Licensee’s written response to this letter must be supported by a declaration from an individual with personal knowledge of the facts and signed under penalty of perjury that the facts and information provided in the response are both true and correct, in compliance with section 1.16 of the Rules. Further, this letter constitutes an order of the Commission to produce the documents and information requested herein. To knowingly or willfully make any false statement, or to provide incorrect or misleading material factual information, or to conceal or omit any material fact relevant to the Station’s status in reply to this letter, may subject to sanction, up to and including license revocation. Failure to respond accurately, truthfully, and fully to this letter as directed herein constitutes a violation of the Act and our Rules.
If you fail to provide such documented evidence within 30 days from the date of this letter the request for silent authority (LMS File No. 0000199930), application for renewal of license (LMS File No. 0000189041), and application for assignment of license (LMS File No. 0000185101) WILL BE DISMISSED for failure to prosecute. As an alternative to replying to this letter and providing the requested information, you may submit the Station’s license for cancellation and request withdrawal of all associate applications pending in LMS.
KHFW-LD, Dallas, Texas Facility ID No. 130952
Dear Licensee/Counsel:
This letter is with regard to the operational status of the above-captioned station (KHFW or Station) licensed to Iglesia Manmin Toda la Creacion USA Inc. (IMTC or Licensee). On February 22, 2022, IMTC filed an application to assign KHFW to Hispanic Family Christian Network, Inc. On April 7, 2022, IMTC submitted a late-filed license renewal application for the Station, and on March 18, 2022, IMTC filed and subsequently was granted silent authority for the Station (Silent STA). On September 15, 2022, IMTC belatedly filed a second request for silent authority, which remains pending (Second Silent Request). As a result of the Station’s silence, its license renewal application is not grantable and the assignment application cannot be acted upon. Therefore, we direct you to provide the information requested below within 30 days of the date of this letter.
In its Silent STA, Licensee certified that the Station went silent on January 15, 2022, “in anticipation of moving to a different transmitter site for which a modification application will be filed in the near future.” The Station’s silent authority expired on July 15, 2022. Although Licensee recently filed the Second Silent Request seeking to extend its silent authority, Licensee does not appear to have made any progress toward resuming operation, as you state that you still have not secured a “more suitable site.”
Pursuant to section 73.1635 of the Commission’s rules (Rules), an STA may be granted for an initial period not to exceed 180 days, and a limited number of extensions authorizations may be granted for additional periods not exceeding 180 days. Further, when seeking an extension, the licensee “must demonstrate that any further extensions requested are necessary and that all steps to resume normal operation are being undertaken in an expeditions and timely fashion.” Accordingly, we seek the following information regarding the Station’s operational status and timeline for resuming operation.
1. A timeline specifying all steps that have been taken to resume operation since the Station went silent on January 15, 2022, including dates for each action, the names of the individuals taking such actions, and supporting documentation including but not limited to invoices, correspondence, payments, etc.
2. The steps that Licensee must take to return the Station to operational status, a timeline for undertaking such actions, and an estimated date as to when you expect the Station will resume operations, including documentation supporting its plan and ability to resume operation by January 15, 2023 – the Station’s one year anniversary of going silent.
Licensee’s written response to this letter must be supported by a declaration from an individual with personal knowledge of the facts and signed under penalty of perjury that the facts and information provided in the response are both true and correct, in compliance with section 1.16 of the Rules. Further, this letter constitutes an order of the Commission to produce the documents and information requested herein. To knowingly or willfully make any false statement, or to provide incorrect or misleading material factual information, or to conceal or omit any material fact relevant to the Station’s status in reply to this letter, may subject to sanction, up to and including license revocation. Failure to respond accurately, truthfully, and fully to this letter as directed herein constitutes a violation of the Act and our Rules.
If you fail to provide such documented evidence within 30 days from the date of this letter the request for silent authority (LMS File No. 0000199930), application for renewal of license (LMS File No. 0000189041), and application for assignment of license (LMS File No. 0000185101) WILL BE DISMISSED for failure to prosecute. As an alternative to replying to this letter and providing the requested information, you may submit the Station’s license for cancellation and request withdrawal of all associate applications pending in LMS.