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


In the Matter of                   )
                                                             )
American Family Association        ) File Number EB-02-KC-236
                                  )
Licensee of FM Broadcast Station   )                NAL/Acct. 
KBKC in Moberly, Missouri          )          No.200232560005
                                  )
Tupelo, Mississippi                          FRN 0005-0259-11



         NOTICE OF APPARENT LIABILITY FOR FORFEITURE 

                                        Released: May 28, 
                                        2002
  
By the Enforcement Bureau, Kansas City Office:
          
                        I.   INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture,  we  find   that  American  Family  Association, 
licensee of FM broadcast  station KBKC in Moberly, Missouri, 
willfully violated Section 73.1125 of the Commission's Rules 
(``Rules'')1 by  operating KBKC  without a main  studio.  We 
conclude  that  American  Family Association  is  apparently 
liable  for a  forfeiture in  the amount  of seven  thousand 
dollars ($7,000).

                         II   BACKGROUND

     2.   On April 8, 2002, an  agent of the FCC Enforcement 
Bureau's Kansas  City Field Office (``Kansas  City Office'') 
attempted an inspection of FM radio station KBKC licensed to 
Moberly,  MO.  Investigation  revealed  no  listing for  the 
station in the local  telephone directories.  The agent went 
to the KBKC  transmitter site and found a sign  on the tower 
with the  phone number 662-844-8888.  The  agent called this 
number and  spoke with  Mr. Shan  Easterling and  Ms. Marsha 
Schrader   of  American   Family   Association  in   Tupelo, 
Mississippi.  Mr.  Easterling and Ms. Schrader  stated there 
was no  main studio for  KBKC and that the  station's public 
inspection  file was  located at  the Little  Dixie Regional 
Library on 4th  Street in Moberly.  The  agent inspected the 
public  inspection file  and  found no  waiver  of the  main 
studio rules for the station.

     3.   During the week of April 15, 2002, the Kansas City 
Office agent again contacted  American Family Association in 
Tupelo,   Mississippi  to   inquire   regarding  the   tower 
coordinates, main  studio waiver  and the  EAS installation.  
The agent was  told that information was  available from Pat 
Vaughn  who was  not in  the office  at the  time but  would 
return soon.   The agent left  a message for Vaughn  to call 
the agent back, but no call was ever received. 

     4.   On April  16, 2002,  the Kansas City  Office agent 
requested from the FCC's Media  Bureau a copy of all current 
authorizations or waivers for  KBKC.  Media Bureau responded 
with  the  latest  document  consisting of  a  copy  of  the 
station's license.  The file  contained no authorization for 
waiver of the main studio rules.

                       III  DISCUSSION

     5.   47  C.F.R.   73.1125 states  that each  broadcast 
station shall maintain a main studio at one of the following 
locations:  (1)  Within the station's community  of license; 
(2) At  any location within the  principal community contour 
of  any AM,  FM, or  TV  broadcast station  licensed to  the 
station's community  of license;  or (3)  Within twenty-five 
miles from  the reference coordinates  of the center  of its 
community of license.  American Family Association failed to 
maintain a  main studio  for station KBKC.   American Family 
Association neither  requested nor received a  waiver of the 
main studio rules for KBKC.

     6.   Based  on the  evidence  before us,  we find  that 
American  Family  Association  willfully2  violated  Section 
73.1125 of  the Rules by  failing to maintain a  main studio 
for KBKC.  Pursuant to Section  1.80(b)(4) of the Rules, the 
base forfeiture amount for violation of the main studio rule 
is $7,000.3  Section 503(b)(2)(D)  of the Communications Act 
of  1934, as  amended (``Act''),  requires us  to take  into 
account  ``...the nature, circumstances, extent, and gravity 
of  the violation,  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.''4  Considering the entire  record and applying the 
statutory factors listed above,  this case warrants a $7,000 
forfeiture.

                    IV   ORDERING CLAUSES

     7.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,5  and Sections 0.111,  0.311 and 
1.80 of the Commission's Rules,6 American Family Association 
is  hereby   NOTIFIED  of  its  APPARENT   LIABILITY  FOR  A 
FORFEITURE in the amount  of seven thousand dollars ($7,000) 
for willfully violating Section 73.1125 of the Rules.

     8.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of  the Commission's Rules,  within thirty days  of the 
release date of this  NOTICE OF APPARENT LIABILITY, American 
Family Association SHALL PAY the full amount of the proposed 
forfeiture  or  SHALL  FILE   a  written  statement  seeking 
reduction or cancellation of the proposed forfeiture.

     9.   Payment of the forfeiture may be made 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  MUST INCLUDE the FCC  Registration Number (FRN) 
and the NAL/Acct. No. referenced in the letterhead above.

     10.  The response,  if any,  must be mailed  to Federal 
Communications Commission, Office of the Secretary, 445 12th 
Street,  S.W.   Washington,  D.C. 20554,  ATTN:  Enforcement 
Bureau  -  Technical  &  Public Safety  Division,  and  MUST 
INCLUDE  the FRN  and the  NAL/Acct. No.  referenced in  the 
letterhead above. 

     11.  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 (``GAAP''); 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.

     12.  Requests for  payment of  the full amount  of this 
Notice  of  Apparent  Liability under  an  installment  plan 
should be sent to: Federal Communications Commission, Chief, 
Revenue and  Receivables Operation  Group, 445  12th Street, 
S.W., Washington, D.C. 20554.7  

     13.  IT IS FURTHER  ORDERED THAT a copy  of this NOTICE 
OF APPARENT LIABILITY shall be sent by Certified Mail Return 
Receipt Requested  to American  Family Association at  P. O. 
Drawer 2440, Tupelo, Mississippi  38803.




     FEDERAL COMMUNICATIONS COMMISSION






     Robert C. McKinney
     District Director
     Kansas City Office
_________________________

1 47 C.F.R.  73.1125.
2 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies equally 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).
3 47 C.F.R.  1.80(b)(4).
4 47 U.S.C.  503(b)(2)(D).
5 47 U.S.C.  503(b).
6 47 C.F.R.  0.111, 0.311, 1.80.
7 See 47 C.F.R.  1.1914.