Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




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


In the Matter of                )            
                                )       File No. EB-02-CF-277
                                )
Faith Mountain Communications, Inc.     )    NAL/Acct.        No. 
200232340001
WRRL                            )       
Rainelle, West Virginia         )       FRN: 0007-2317-80 


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  June 19, 
2002

By the District Director, Columbia Office, Enforcement Bureau:

                        I.  Introduction

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"),  we  find   that  Faith   Mountain  Broadcasting,   Inc. 
(``Faith'') has  apparently  violated Section  11.52(a)1  of  the 
Commission's Rules (``Rules''), by  failing to install  Emergency 
Alert System  (``EAS'') equipment.   We  conclude that  Faith  is 
apparently liable  for  a  forfeiture  in  the  amount  of  eight 
thousand dollars ($8,000).

                         II.  Background

     2.   On April  25,  2002,  an agent  from  the  Commission's 
Columbia,  Maryland  office  conducted   an  EAS  inspection   at 
broadcast station  WRRL in  Rainelle, West  Virginia.  The  agent 
found no EAS  equipment installed and  operating at the  station.  
The station manager,  Allen Whitt,  informed the  agent that  the 
station did  not have  any EAS  equipment installed  since  Faith 
purchased the station in February of 2001. 

     3.   On May 8, 2002, the Columbia Office issued a Notice  of 
Violation to  Faith  for violation  of  Section 11.52(a)  of  the 
Rules.  In response by letter dated May 20, 2002, Faith indicated 
that EAS equipment is on order.
                        III.  Discussion

     4.   Section 11.52(a) of  the Rules  requires all  broadcast 
stations to install and operate EAS equipment during their  hours 
of operation.   The  EAS  provides  national,  state,  and  local 
authorities a means for immediate communications with the  public 
to provide  information during  emergencies.  Broadcast  stations 
must transmit national level EAS messages and tests.

     5.   Based on the  evidence before  us, we  find that  Faith 
willfully2 violated Section 11.52(a) of  the Rules by failing  to 
install and operate EAS  equipment.  The Commission's  Forfeiture 
Policy Statement and Amendment  of Section 1.80  of the Rules  to 
Incorporate the Forfeiture  Guidelines, 12 FCC  Rcd 17087,  17113 
(1997), recon. denied, 15 FCC Rcd 303(1999) (``Forfeiture  Policy 
Statement'')3, sets  the base  forfeiture  amount at  $8,000  for 
failure to  install  and  have  operational  EAS  equipment.   In 
assessing the  monetary  forfeiture  amount, we  must  take  into 
account the statutory factors  set forth in Section  503(b)(2)(D) 
of the Communications Act of  1934 (``Act''), as amended,4  which 
include 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.  The record  reveals 
that Faith does have an overall history of compliance.   However, 
the violation  is  egregious.   Applying  the  Forfeiture  Policy 
Statement and  the  statutory factors  to  the instant  case  and 
applying the  inflation adjustments,  we  believe that  an  eight 
thousand dollar ($8,000) monetary forfeiture is warranted.  

                      IV.  Ordering Clauses

     6.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act5 and  Sections 0.111,  0.311 and  1.80 of  the 
Rules,6 Faith is hereby NOTIFIED of this APPARENT LIABILITY FOR A 
FORFEITURE in the amount of  eight thousand dollars ($8,000)  for 
willfully violating Section 11.52(a) of the Rules.

     7.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty days of the release date of this  NOTICE 
OF APPARENT LIABILITY,  Faith 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 should note the 
NAL/Acct. No. 200232340001, and FRN 0007-2317-80. 

     9.   The  response,  if  any,  must  be  mailed  to  Federal 
Communications  Commission,  Enforcement  Bureau,  Technical  and 
Public Safety Division, 445  12th Street, S.W., Washington,  D.C. 
20554 and MUST INCLUDE THE NAL/Acct. No. 200232340001. 

     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: Chief,  Revenue and  Receivables Operations  Group, 445  12th 
Street, S.W., Washington, D.C. 20554.7

     12.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 
Receipt Requested, to Faith  Mountain Broadcasting, Inc. at  H.C. 
61, P.O. Box 383, Danese, WV 25831.


                                FEDERAL            COMMUNICATIONS 
COMMISSION




                                Charles C. Magin
                                District Director
                                Columbia Office

_________________________

1 47 C.F.R.  11.52(a).

2 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).

347 C.F.R.  1.80.

4 47 U.S.C.  503(b)(2)(D).

5 47 U.S.C.  503(b).

6 47 C.F.R.  0.111, and 0.311.

7 See 47 C.F.R.  1.1914.