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

In the Matter of                  )       File Number EB-02-KC-596
                                 )
American Family Association       )      NAL/Acct.No. 200232560027
                                 )
Licensee of Radio Station KAUF    )               FRN 0005-0259-11
in Kennett, Missouri              )

Tupelo, Mississippi



         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                Released: September 18, 2002

By the Enforcement Bureau, Kansas City Office:

                      I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture 
(``NAL''),    we    find   American    Family    Association 
(``American''),  licensee of  radio  station KAUF,  Kennett, 
Missouri, apparently  liable for a forfeiture  in the amount 
of nine  thousand dollars ($9,000) for  willful violation of 
Sections    11.35(a),   73.3527(e)(4),   73.3527(e)(7)   and 
73.3527(e)(8)  of   the  Commission's   Rules  (``Rules'').1  
Specifically, we find American apparently liable for failure 
to  maintain operational  Emergency  Alert System  (``EAS'') 
equipment, and failure to maintain all required items in the 
station's public inspection file.

                       II.  BACKGROUND

     2.  On  July 17, 2002,  an agent from  the Commission's 
Kansas City  Field Office inspected FM  station KAUF located 
in Kennett, Missouri.  The agent inspected the station's EAS 
equipment and  observed that both EAS  receivers were turned 
off and that,  when turned on, both receivers  were tuned to 
the  frequency  87.5  MHz.   As   a  result,  there  was  no 
monitoring  of the  two required  EAS sources.   The station 
could  not  produce  the  EAS Operating  Handbook,  and  the 
station's log showed no record of EAS equipment repairs, and 
no logging of EAS tests  since the year 2000.  Additionally, 
the  latest  ownership report,  a  copy  of The  Public  and 
Broadcasting,  and current  issues/programs  lists were  not 
available in the public file.

                      III.  DISCUSSION

     3.  Section 11.35(a) of the Rules requires that 
broadcast stations install EAS equipment such that 
monitoring and transmitting functions are available during 
the times the stations are in operation.  As part of the EAS 
monitoring requirement, Section 11.52 of the Rules2 requires 
broadcast stations to monitor two EAS sources as specified 
in the State EAS Plan and FCC Mapbook.  At the inspection on 
July 17, 2002, station KAUF's two EAS receivers were turned 
off and, when turned on, were tuned to default settings 
rendering them unable to monitor the required EAS sources.  
Section 11.35(b) of the Rules3 provides that should any EAS 
equipment become defective, that entries be made in the 
station's log indicating the date and time the equipment was 
removed and restored to service.  KAUF's station log had no 
entries concerning EAS equipment malfunctions.

     4.  Section 73.3527(e)(4) of the Rules requires that a 
copy of the most recent, complete ownership report filed 
with the FCC for the station, any statements filed with the 
FCC certifying that the current report is accurate, and all 
related materials be available in the public file.  On July 
17, 2002, there were no copies of any ownership reports 
available in the public file.

     5.  Section 73.3527(e)(7) of the Rules requires a copy 
     of The Public and Broadcasting be 
available in the public file.  The manual was not available 
at the time of inspection on July 17, 2002.

     6.  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.   The lists  for the  year 2001  and the  first 
quarter of  2002 were not  available for inspection  on July 
17, 2002.

     7.  Based  on the evidence  before us, we find  that on 
July  17,   2002,  American  willfully4   violated  Sections 
11.35(a), 73.3527(e)(4), 73.3527(e)(7)  and 73.3527(e)(8) of 
the Rules by failing  to maintain operational EAS equipment, 
and by failing  to maintain a current  ownership report, The 
Public and  Broadcasting, and  issues-programs lists  in the 
station's public inspection file.

     8.  Pursuant  to Section  1.80(b)(4) of the  Rules, the 
base forfeiture amount is $8,000 for EAS equipment not being 
operational, and  $10,000 for  violation of the  public file 
rules.5  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.''6  Because 
KAUF's EAS  equipment was installed, albeit  turned off such 
that it  was incapable of  receiving EAS alerts,  a downward 
adjustment of the base  forfeiture amount for this violation 
from $8,000  to $4,000 is warranted.   Because KAUF's public 
file contained a  portion of the required  items, a downward 
adjustment of the base  forfeiture amount for this violation 
from $10,000 to $5,000 is warranted.  Considering the entire 
record and applying the statutory factors listed above, this 
case warrants a $9,000 forfeiture.

                    IV.  ORDERING CLAUSES

     9.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,7  and Sections 0.111,  0.311 and 
1.80 of  the Rules,8  American Family Association  is hereby 
NOTIFIED of its  APPARENT LIABILITY FOR A  FORFEITURE in the 
amount  of  nine  thousand   dollars  ($9,000)  for  willful 
violation of Sections 11.35(a), 73.3527(e)(4), 73.3527(e)(7) 
and  73.3527(e)(8)  of the  Rules,  by  failing to  maintain 
operational  EAS equipment,  and  by failing  to maintain  a 
current ownership  report, The  Public and  Broadcasting and 
issues-programs  lists in  the  station's public  inspection 
file.

     10.  IT  IS FURTHER  ORDERED THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this  NAL, 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.

     11.  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  FRN   and  NAL/Acct.  No. 
referenced in the letterhead above.

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

     13.  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.  

     14. Requests for payment of the full amount of this NAL 
under  an  installment  plan  should  be  sent  to:  Federal 
Communications  Commission, Chief,  Revenue and  Receivables 
Operations Group,  445 12th  Street, S.W.,  Washington, D.C. 
20554.9 

     15. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF 
APPARENT LIABILITY  shall be  sent by regular  and 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
                              Enforcement Bureau
_________________________

1 47 C.F.R  11.35(a), 73.3527(e)(4), 73.3527(e)(7) and 
73.3527(e)(8).

2 47 C.F.R.  11.52.
3 47 C.F.R.  11.35(b).
4 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).

5 47 C.F.R.  1.80(b)(4).

6 47 U.S.C.  503 (b)(2)(D).

7 47 U.S.C.  503(b).

8 47 C.F.R.  0.111, 0.311, 1.80.

9 See 47 C.F.R.  1.1914.