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


In the Matter of                   )
                                                             )
New Life Evangelistic Center,      ) File Number EB-02-KC-400
Inc.                               )
                                  )                NAL/Acct. 
Licensee of FM Broadcast Station   )          No.200232560014
KBIY in Van Buren, Missouri        )
                                            FRN 0003-2285-90
St. Louis, Missouri


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE 

                                        Released: July 11, 
                                        2002
  
By the Enforcement Bureau, Kansas City Office:
          
                        I.   INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture, we find that New Life Evangelistic Center, Inc., 
licensee  of  FM  broadcast   station  KBIY  in  Van  Buren, 
Missouri, willfully and repeatedly violated Sections 73.1125 
and  73.3527  of  the  Commission's  Rules  (``Rules'')1  by 
operating KBIY without a main studio, by failing to make the 
public file available to  the public during regular business 
hours and  failing to retain  all required materials  in the 
public file. We conclude  that New Life Evangelistic Center, 
Inc. is apparently liable for  a forfeiture in the amount of 
ten thousand dollars ($10,000).

                         II   BACKGROUND

     2.   On May 30,  2002, an agent of  the FCC Enforcement 
Bureau's Kansas  City Field Office (``Kansas  City Office'') 
inspected  FM  radio station  KBIY  licensed  to Van  Buren, 
Missouri.  The agent found no listing for the station in the 
local  telephone  directory.  The  agent  went  to the  KBIY 
transmitter  site  and found  a  sign  with a  phone  number 
provided ``in  case of  emergency.''  The agent  called this 
number  and  spoke  with  Mr. Ralph  Case,  manager  of  the 
station.  Mr.  Case stated the  main studio for KBIY  was in 
the process of being constructed at 128 Skyline Drive in Van 
Buren.   The  agent  met  Mr.   Case  at  the  studio  under 
construction on Skyline Drive and  saw that no studio was in 
operation  and   there  was   no  capability   to  originate 
programming.  Mr. Case  stated that the station  had been on 
the air since  June 26, 2001, and had no  main studio during 
that  time.  Mr.  Case  accompanied the  agent  back to  the 
transmitter  site  to  locate   the  public  file.   At  the 
transmitter site,  there was  no public file  available, nor 
was any staff present.  Mr.  Case then accompanied the agent 
to the  ``Free Store''  in Van  Buren, Missouri,  a facility 
operated by New Life Evangelistic Center.  The agent and Mr. 
Case  arrived  at  the   ``Free  Store''  during  the  early 
afternoon and found  the facility closed.  The  store had no 
studio  or  any  capability  to  originate  programming  for 
station KBIY.   Mr. Case did  locate the public file  at the 
facility.   The   public  file  was  missing   two  required 
documents:  the  quarterly issues-programs list, and  a copy 
of ``The Public and Broadcasting.''

                       III  DISCUSSION

     3.   Section  73.1125 of  the  Rules  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.  As  of May  31, 2002,  New Life 
Evangelistic Center, Inc. failed  to establish a main studio 
for station  KBIY which had been  on the air since  June 26, 
2001.

     4.   Section  73.3527(c)  of  the  Rules  requires  the 
public file  to be  available for  public inspection  at any 
time  during  regular  business hours.   Inspection  of  the 
public file was made at  the ``Free Store,'' operated by New 
Life Evangelistic  Center, Inc.   The Free Store  was closed 
when the  agent arrived  in the early  afternoon on  May 31, 
2002.  Section  73.3527(e)(7) of  the Rules requires  at all 
times a current version of  the manual entitled ``The Public 
and Broadcasting''  be located  in the public  file. Section 
73.3527(e)(8) of the Rules requires  a list of programs that 
have provided  the station's  most significant  treatment of 
community issues  during the  preceding three  month period.  
The  list shall  include a  brief narrative  describing what 
issues were giving significant treatment and the programming 
that  provided  this  treatment.   The  description  of  the 
programs shall  include, but  shall not  be limited  to, the 
time, date, duration and title  of each program in which the 
issue  was treated.   The  lists shall  be  retained in  the 
public inspection file until final  action has been taken on 
the  station's next  renewal  application.  At  the time  of 
inspection on  May 31,  2002, there were  no issues-programs 
lists or  a copy of  ``The Public and Broadcasting''  in the 
public file.

     5.   Based on the evidence before  us, we find that New 
Life  Evangelistic Center,  Inc. willfully2  and repeatedly3 
violated Section 73.1125 of the Rules by failing to maintain 
a main studio  for KBIY and Section 73.3527 of  the Rules by 
failing  to make  available the  public file  during regular 
business hours  and failing to retain  required materials in 
the  public file.   Pursuant  to Section  1.80(b)(4) of  the 
Rules, the base forfeiture amount  for violation of the main 
studio  rule is  $7,000 and  violations of  the public  file 
rules   is   $10,000.4     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.''5  The fact that New Life Evangelistic 
Center,  Inc.  maintained  a  partial  public  file,  albeit 
missing two required items and  not accessible on the day of 
inspection, warrants  a downward  adjustment of  the $10,000 
base  forfeiture  amount  for   that  violation  to  $3,000.  
Considering  the entire  record and  applying the  statutory 
factors  listed   above,  this   case  warrants   a  $10,000 
forfeiture.

                    IV   ORDERING CLAUSES

     6.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,6  and Sections 0.111,  0.311 and 
1.80  of  the  Commission's Rules,7  New  Life  Evangelistic 
Center, Inc.  is hereby  NOTIFIED of its  APPARENT LIABILITY 
FOR  A FORFEITURE  in  the amount  of  ten thousand  dollars 
($10,000)  for willfully  and repeatedly  violating Sections 
73.1125 and 73.3527 of the Rules.

     7.   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, New Life 
Evangelistic Center, Inc.  SHALL PAY the full  amount of the 
proposed  forfeiture  or  SHALL  FILE  a  written  statement 
seeking   reduction   or   cancellation  of   the   proposed 
forfeiture.

     8.   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.

     9.   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. 

     10.  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.

     11.  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. 20554.8  

     12.  IT IS FURTHER  ORDERED THAT a copy  of this Notice 
of  Apparent Liability  shall be  sent by  regular mail  and 
Certified  Mail   Return  Receipt  Requested  to   New  Life 
Evangelistic Center, Inc. at  1411 Locust Street, St. Louis, 
Missouri  63103.

     FEDERAL COMMUNICATIONS COMMISSION



     Robert C. McKinney
     District Director
     Kansas City Office
_________________________

1 47 C.F.R.  73.1125 and 73.3527.
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 The term ``repeated,'' when used with reference to the 
commission or omission of any act, ``means the commission or 
omission of such act more than once or, if such commission 
or omission is continuous, for more than one day.''  47 
U.S.C.  312(f)(2).
4 47 C.F.R.  1.80(b)(4).
5 47 U.S.C.  503(b)(2)(D).
6 47 U.S.C.  503(b).
7 47 C.F.R.  0.111, 0.311, 1.80.
8 See 47 C.F.R.  1.1914.