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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )
                                )
Church Point Ministries, Inc.   )            
Station WNDC (AM)               )            File No. EB-00-OR-

051
Baton Rouge, Louisiana          )            NAL/Acct.No. 

X3262008

           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                Released:  August 
                                                         21, 2000

By the Enforcement Bureau, New Orleans Field Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that  Church  Point  Ministries,  Inc.  (``Church  Point''), 
licensee of  station  WNDC  (AM),  Baton  Rouge,  Louisiana,  has 
apparently violated sections 17.4(a)(2), 73.49, and 73.3526(a)(2) 
of the Commission's Rules (``Rules'') for failure to register the 
station's antenna structures by July 1, 1998, failure to  provide 
an effective locked fence or  other enclosure around the base  of 
any antenna having  radio frequency  potential at  its base,  and 
failure to maintain a public inspection file.1  We conclude  that 
Church Point is apparently liable for a forfeiture in the  amount 
of fifteen thousand dollars ($15,000).

                         II.  BACKGROUND

     2.   On August 17, 1999, an agent from the Commission's  New 

Orleans  Field  Office  (``Field  Office'')  inspected  the  four 

antenna structures  for  station WNDC  (AM)  and found  that  the 

antenna structure  registration numbers  were not  displayed.   A 

check of the Commission's  databases revealed that these  antenna 

structures had not been registered.

     3.   On August 20, 1999, the  Field Office sent a Notice  of 

Violation (``NOV'') to Church Point  for failure to register  the 

antenna structures.  On October 6, 1999, Church Point submitted a 

written reply. Subsequently, on October 14, 1999, a Field  Office 

agent spoke with  a representative of  Church Point by  telephone 

during which Church Point's  representative admitted that  Church 

Point owned the  antenna structures in  question and stated  that 

they would register the structures immediately.

     4.   On April  13 and  25, 2000,  New Orleans  Field  agents 

conducted a second inspection of station WNDC (AM).  During  this 

inspection, the  Field agents  noted numerous  violations of  the 

Rules including, failure to register the four antenna structures; 

failure to provide  effective locked fences  or other  enclosures 

around the  base  of  the  antenna  structures;  and  failure  to 

maintain a local public inspection file for the station.

     5.   On May  11, 2000,  the  Field Office  issued a  NOV  to 

Church Point citing the above  mentioned violations.  On May  26, 

2000,  Church  Point  filed   a  reply  addressing  the   various 

violations. Specifically,  Church  Point  stated  that  it  would 

register the antenna structures by May 31, 2000, and it had added 

new locks and chains to the fences around the antenna structures. 

                        III.  DISCUSSION

     6.   Section 17.4(a)(2)  of  the Rules  states,  ``[f]or  an 
existing antenna  structure that  had been  assigned painting  or 
lighting requirements  prior  to July  1,  1996, the  owner  must 
register the structure prior to July 1, 1998.''2  At the time  of 
the April 13, 2000 inspection, no application had been filed with 
the Commission to register the station's four antenna structures, 
in spite  of  the fact  that  Church Point  previously  had  been 
notified of  its obligation  to register  the antenna  structures 
during  a   previous   inspection   and  in   a   previous   NOV.  
Additionally, a Field Office agent spoke with a representative of 
Church Point by telephone on October 14, 1999.  At that time, the 
Church Point  representative stated  that the  antennas would  be 
registered immediately, but had not done so six months later,  as 
of the April 2000 inspection.   See e.g., La Favorita, Inc.,  EB-
00-AT-528 (EB,  Atlanta  Office  June 22,  2000)  (Issued  $7,000 
forfeiture for, among other  things, failure to register  antenna 
structure).

     7.   Section 73.49 of the Rules requires that antenna towers 
having radio frequency  potential at  the base  must be  enclosed 
within effective locked fences or other enclosures.3  At the time 
of the April 13,  2000 inspection, one  of the individual  fences 
surrounding each of the four antenna towers had its gate standing 
open.  While the other  three gates were  closed and locked,  the 
Field Office agent found  that each could be  easily opened by  a 
simple push  on  the gate.   Although  the property  did  have  a 
perimeter fence, the driveway gate had completely fallen off  its 
hinges and was lying on the ground.  Additionally, this fence was 
not complete on all sides  of the property making it  ineffective 
in preventing access to the towers.  See e.g., Reier Broadcasting 
Company, Inc., EB-00-ST-004,  (EB, Seattle  Office, February  29, 
2000) ($7,000 Notice of  Apparent Liability issued for  violation 
of 47  C.F.R. Section  73.49),  forfeiture order   issued,  Reier 
Broadcasting Company,  Inc., DA  00-1454 (EB,  released June  29, 
2000) ($7,000 forfeiture  order).  In both  cases, the  licensees 
failed to maintain an effective locked fence around their antenna 
towers.

     8.   Section 73.3526(a)(2)  of  the Rules  states  in  part, 

``[e]very permittee or licensee  of an AM, FM,  or TV station  in 

the  commercial  broadcast  services  shall  maintain  a   public 

inspection  file  containing  the  material,  relating  to   that 

station, described  in  paragraphs  (e)(1)  through  (e)(10)  and 

paragraph (e)(13)  of  this  section.''4   In  addition,  ``every 

permittee or  licensee of  a commercial  AM or  FM station  shall 

maintain  for  public  inspection  a  file  containing  material, 

relating to  that station,  described in  paragraphs (e)(12)  and 

(e)(14) of this section. . . .''5   At the time of the April  13, 

2000 inspection, 

Church Point was unable to  locate any of the materials  required 

to be in the public inspection file. Subsequently, in its May 26, 

2000 reply to the  NOV, Church Point stated  that a local  public 

inspection file had been constructed and was available.  Further, 

it claimed that while the  public inspection file documents  were 

on hand, the documents  were not organized in  a manner for  easy 

inspection.  See  e.g.,  WGUL?FM  Inc.,  Radio  Station  WINV(AM) 

Inverness, FL, DA  00?897 (EB April  21, 2000) ($7000  forfeiture 

assessed for, among other things, violation of 47 C.F.R.  Section 

73.3526).

     9.   Based on the  evidence before us,  we find that  Church 

Point willfully6 and/or repeatedly violated Sections  17.4(a)(2), 

73.49,  and  73.3526(a)(2)  of   the  Rules.   Pursuant  to   The 

Commission's Forfeiture Policy Statement and Amendment of Section 

1.80 of the  Rules to Incorporate  the Forfeiture Guidelines,  12 

FCC Rcd  17087  (1997), recon.  denied,  15 FCC  Rcd  303  (1999) 

(``Forfeiture Policy Statement''), the base forfeiture amount for 

failure to  register  the  antenna structures  (failure  to  file 

required forms) is $3,000, the base forfeiture amount for failure 

to maintain an effective antenna  tower fence is $7,000, and  the 

base  forfeiture  amount  for   failure  to  maintain  a   public 

inspection file is $10,000.  In assessing the monetary forfeiture 

amount, we must also take into account the statutory factors  set 

forth in Section 503(b)(2)(D) of  the Communications Act of  1934 

(``Act''), as amended, which  include the nature,  circumstances, 

extent, and gravity of the violation(s), and with respect to  the 

violator,  the  degree  of  culpability,  any  history  of  prior 

offenses, ability to pay, and  other such matters as justice  may 

require.7  Taking these factors into account, we are reducing the 

forfeiture for the Public Inspection File violation to $5,000, as 

many of the documents in question may have been available at  the 

station, but not assembled in an organized manner.  Applying  the 

Forfeiture Policy Statement and statutory factors to the  instant 

case, a $15,000 forfeiture is warranted.

                      IV.  ORDERING CLAUSES

     10.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 

503(b) of the  Act,8 and Sections  0.111, 0.311 and  1.80 of  the 

Rules,9 Church Point Ministries, Inc., is hereby NOTIFIED of  its 

APPARENT LIABILITY  FOR A  FORFEITURE in  the amount  of  fifteen 

thousand dollars  ($15,000)  for violating  Sections  17.4(a)(2), 

73.49, and 73.3526(a)(2) of the  Rules, 47 C.F.R.   17.4(a)(2), 

73.49, and 73.3526(a)(2).

     11.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules,10  within thirty  days  of the  release date  of  this 
NOTICE OF  APPARENT  LIABILITY, Church  Point  Ministries,  Inc., 
SHALL PAY the  full amount  of the proposed  forfeiture or  SHALL 
FILE a written statement seeking reduction or cancellation of the 
proposed forfeiture.

     12.  Payment of the  forfeiture may be  made by credit  card 
through the  Commission's Credit  and Debt  Management Center  at 
(202) 418-1995  or  by mailing  a  check or  similar  instrument, 
payable to the order of the Federal Communications Commission, to 
the  Forfeiture  Collection  Section,  Finance  Branch,   Federal 
Communications Commission,  P.O.  Box  73482,  Chicago,  Illinois 
60673-7482.  The payment should note the NAL/Acct. No. X3262008.

     13.  The response, if any, must  be mailed to Office of  the 
Secretary, Federal  Communications Commission,  445 12th  Street, 
S.W., Washington, D.C.  20554, ATTN: Enforcement  Bureau -  TPSD, 
NAL/Acct. No.  X3262008,  and  must  include  the  NAL/Acct.  No. 
X3262008.

     14.  The Commission will not consider reducing or  canceling 
a forfeiture in response  to a claim of  inability to pay  unless 
the petitioner  submits: (1)  federal tax  returns for  the  most 
recent  three-year  period;  (2)  financial  statements  prepared 
according to generally accepted accounting practices; or (3) some 
other  reliable  and  objective  documentation  that   accurately 
reflects the petitioner's current financial status.  Any claim of 
inability to pay  must specifically  identify the  basis for  the 
claim by reference to the financial documentation submitted.

     15.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief, Credit  and Debt Management  Center, 445 12th  Street, 
S.W., Washington, D.C. 20554.11

     16.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 
Receipt  Requested,  to  Church  Point  Ministries,  Inc.,   3000 
Tecumseh Street, Baton Rouge, Louisiana 70805.


                         FEDERAL COMMUNICATIONS COMMISSION



                         James C. Hawkins
                         District Director
                                  New Orleans Field Office
_________________________

1 47 C.F.R.  17.4(a)(2), 73.49, and 73.3526(a)(2).

2 47 C.F.R. 17.4(a)(2).

3 47 C.F.R. 73.49.

4 47 C.F.R.  73.3526(a)(2).

5 Id.

6 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to Section 503(b) of the Act, provides that ``[t]he term 
`willful', when used with reference to the commission or omission 
of any act, means the conscious and deliberate commission or 
omission of such act, irrespective of any intent to violate any 
provision of this Act. . . .''  See Southern California 
Broadcasting Co., 6 FCC Rcd 4387 (1991).

7 47 U.S.C.  503(b)(2)(D); see also Forfeiture Policy Statement, 
12 FCC Rcd at 17100-01 (discussion of upward and downward 
adjustment factors).

8 47 U.S.C.  503(b).

9 47 C.F.R.  0.111, 0.311, 1.80.

10 47 C.F.R.  1.80.

11 See 47 C.F.R.  1.1914.