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Federal Register/Vol. 86, No. 55/Wednesday, March 24, 2021

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Federal Register/Vol. 86, No. 55/Wednesday, March 24, 2021 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15669 II. Background FEDERAL COMMUNICATIONS whether the application filed by ANI for COMMISSION an FM translator construction permit As part of its environmental mission, (Application) should be granted. This the Safer Choice program partners with [DA 21–79; MB Docket No. 21–20, FRS revocation proceeding and designation 17583] businesses to help consumers and of the Application for hearing stems commercial buyers identify products Auburn Network, Inc., License from Hubbard’s multiple felony with safer chemical ingredients, without Revocation Proceeding for Radio convictions under the Alabama Code of sacrificing quality or performance. Stations in the Auburn, AL Market Ethics for Public Officials, Employees, Toward this end, the Safer Choice Etc. (Alabama’s Ethics Act), which raise program certifies products containing AGENCY: Federal Communications a substantial and material question of ingredients that have met the program’s Commission. fact as to Hubbard’s character specific and rigorous human health and ACTION: Notice. qualifications. ANI also seeks environmental toxicological criteria. assignment of the Stations’ licenses, and SUMMARY: This document commences a The Safer Choice program allows requests an exception of the hearing to determine whether, in light of companies to use its label on certified Commission’s Jefferson Radio policy recent felony convictions, the licensee prohibiting assignment or transfer of a products that contain safer ingredients of stations in the Auburn, AL market is and perform, as determined by expert license when character qualifications qualified to hold FCC authorizations, are pending against the licensee. evaluation. The Safer Choice program and consequently, whether licensee’s 2. A broadcast licensee’s certification represents a high level of current license authorizations should be authorization to use radio spectrum in achievement in formulating products revoked, whether the applications for the public interest carries with it the that are safer for people and the renewal of various licenses should be obligation that the station serves its environment. The purpose of the granted, and whether the application for community, providing programming Partner of the Year Awards is to an FM translator construction permit responsive to local needs and interests. recognize the leadership contributions should be granted. Broadcast licensees are also required to of Safer Choice partners and DATES: Persons desiring to participate as operate in compliance with the Act and stakeholders who, over the past year, parties in the hearing shall file a the Commission’s rules (Rules). have shown achievement in the design, petition for leave to intervene not later Pursuant to section 309(e) of the Act, 47 manufacture, selection, and use of than April 23, 2021. U.S.C. 309(e), the Commission is products with safer chemicals, that ADDRESSES: File documents with the required to designate an application for further outstanding or innovative source Office of the Secretary, Federal hearing if a substantial and material reduction. EPA especially encourages Communications Commission, 45 L St. question of fact is presented regarding submission of award applications that NE, Washington, DC 20554, with a copy whether grant of the application would show how the applicant’s work in the mailed to each party to the proceeding. serve the public interest, convenience, design, manufacture, selection and use Each document that is filed in this and necessity. In determining whether of those products promotes proceeding must display on the front an applicant is qualified to be a licensee, the Commission considers the environmental justice, bolsters page the docket number of this hearing, character of the applicant. Section resilience to the impacts of climate ‘‘MB Docket No. 21–20.’’ 312(a)(2) of the Act, 47 U.S.C. (312)(a)(2) change, results in cleaner air or water, FOR FURTHER INFORMATION CONTACT: provides that the Commission may or improves drinking water quality. Albert Shuldiner, Media Bureau, (202) revoke any license if conditions present 418–2721. III. How can I participate? would warrant refusal to grant a license SUPPLEMENTARY INFORMATION: This is a or permit. Because the Commission To be considered for a Partner of the summary of the Hearing Designation considers character qualifications in its Year Award, candidates should notify Order (Order), MB Docket No. 21–20, review of applications, a character the Safer Choice program of their DA 21–79, adopted February 10, 2021, defect that would warrant the interest. They should submit supporting and released February 11, 2021. The full Commission’s refusal to grant a license information on their accomplishments text of the Order is available online by in the original application would and contributions focusing on calendar using the search function for MB Docket likewise support a Commission year 2020. There is no form associated No. 21–20 on the Commission’s ECFS determination to revoke a license or with this year’s application. Candidates web page at www.fcc.gov/ecfs. permit. 3. Non-FCC misconduct may raise interested in learning more about the Summary of the Hearing Designation substantial and material questions of Partner of the Year Awards should refer Order fact concerning the licensee’s character. to the Safer Choice website: https:// 1. The Order commences a hearing The Commission considers evidence of www.epa.gov/saferchoice/safer-choice- proceeding before the Commission to felony convictions because felonies are partner-year-awards. determine whether multiple felony serious crimes and conviction indicates Authority: 42 U.S.C. 13103(b)(13) and 15 convictions render licensee, Michael G. an applicant’s propensity to obey laws U.S.C. 2609. Hubbard (Hubbard), unqualified to hold and conform to provisions of the Act, FCC authorizations, and consequently, Dated: March 18, 2021. Rules, and Commission policies. whether license authorizations should Hubbard has been convicted of six Michal Freedhoff, be revoked under sections 312(a)(2) and felonies, raising a material and Acting Assistant Administrator, Office of 312(c) of the Communications Act of substantial question of fact as to Chemical Safety and Pollution Prevention. 1934 (Act), 47 U.S.C. 312(a)(2) and whether he, and by extension, ANI, [FR Doc. 2021–06058 Filed 3–23–21; 8:45 am] 312(c) for stations WANI(AM), Opelika, possess the character qualifications to BILLING CODE 6560–50–P AL, WGZZ(FM), Waverly, AL, W242AX, operate the Stations in the public Auburn, AL, W254AY, Auburn, AL, interest, or to hold any other W294AR, Auburn, AL (Stations). The Commission authorization. Therefore, a hearing proceeding will also determine hearing is required to ascertain whether VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15670 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices ANI and Hubbard possess requisite order is requested. Under section 1.246 to Show Cause and Notice of character qualifications of a of the Rules, 47 CFR 1.246, any party Opportunity for Hearing, a written Commission licensee, whether ANI’s may serve written requests for appearance stating its intention to Commission authorizations should be admission of the genuineness of appear at the hearing and present revoked, and whether the Application relevant documents or truth of relevant evidence on the issues specified above. should be granted. matters of fact. During the initial status 10. It is further ordered, pursuant to 4. To prevent licensees from evading conference the presiding officer will set section 1.221(c) of the Commission’s consequences of wrongdoing by selling deadlines for: Motions, discovery, if Rules, that if Auburn Network, Inc. or station licenses, Jefferson Radio applicable, the parties’ affirmative case, Michael G. Hubbard fails to file a prohibits the assignment of a license responsive case, reply case, and written appearance within the time when character qualification issues lie protective order, if requested, pursuant specified above, or has not filed prior to pending against the assignor. There is to 47 CFR 1.294, 1.248(b), and 1.371– the expiration of that time a petition to no compelling public interest that 1.377. In accordance with section 1.248 dismiss without prejudice, or a petition would warrant the Commission’s of the Rules, 47 CFR 1.248, and unless to accept, for good cause shown, such exemption of ANI from Jefferson Radio. the parties agree otherwise, an official written appearance beyond expiration of ANI likewise has not demonstrated a transcript of all case conferences will be said 20 days, the Administrative Law compelling public interest consideration made. The Commission also amended Judge shall expeditiously dismiss the that would warrant grant of an equitable section 1.351 of the Rules, 47 CFR captioned applications with prejudice exception to Jefferson Radio. Hubbard’s 1.351, to adopt the evidentiary standard for failure to prosecute. six felony convictions present a set forth in the formal APA hearing 11. It is further ordered, pursuant to substantial and material question as to requirements which states that oral or sections 1.92(c) of the Commission’s whether Hubbard and ANI have the documentary evidence may be adduced, Rules, that if Auburn Network, Inc. and/ requisite character qualifications to hold but the presiding officer shall exclude or Michael G. Hubbard, fails to file a a broadcast license, therefore, the irrelevant, immaterial, or unduly written appearance within the time Jefferson Radio policy will apply to the repetitious evidence. Persons or entities specified above, or has not filed prior to pending assignment application. seeking status as a party in interest in the expiration of that time a petition to 5. Section 309(e), 47 U.S.C. 309(e), this proceeding must file a petition to dismiss without prejudice, or a petition requires a ‘‘full hearing in which the intervene in accordance with 47 CFR to accept, for good cause shown, such applicant and all other parties in 1.223(a).
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