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


                                )
In the Matter of                   )         File No. EB-02-PA-
273
                                )
Pentecostal Temple Development Corporation   )         NAL/Acct. 
No. 200332400010
AM Broadcast Station WGBN       )
Pittsburgh, Pennsylvania        )       FRN: 0008 2535 44
                                )          


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released: March 28, 2003

By the District Director, Philadelphia Office, Enforcement 
Bureau:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find that Pentecostal Temple Development  Corporation 
(``Pentecostal''), the licensee of AM broadcast station WGBN, has 
apparently  violated  Sections   11.35(a),  11.61(a)(1)(v),   and 
11.61(a)(2)(i)(A) of  the  Commission's Rules  (the  ``Rules'')1.  
These sections respectively require that a broadcast station make 
entries in the station logs  indicating the reason why it  failed 
to receive  an Emergency  Alert System  (``EAS'') test  and  that 
broadcast stations conduct Required  Monthly Tests (``RMT'')  and 
Required Weekly Tests (``RWT'') of the EAS equipment. We conclude 
that Pentecostal is  apparently liable  for a  forfeiture in  the 
amount of three thousand dollars ($3,000). 

                         II.  BACKGROUND

     2.   On July 17,  2002, an FCC  agent from the  Philadelphia 
Office conducted  an inspection  of the  EAS equipment  at  radio 
station  WGBN,   New   Kensington,   Pennsylvania.   During   the 
inspection, the agent found that Pentecostal failed to receive  a 
RWT from broadcast station WQED between May 2, 2002 and July  17, 
2002.  Pentecostal  made  no entries  in  the WGBN  station  logs 
indicating the reasons why it failed to receive the RWT from WQED 
during this period.  The agent also found that Pentecostal failed 
to transmit a  RMT on  station WGBN  during the  months of  April 
2002, May 2002,  and June 2002  and failed to  transmit a RWT  on 
station WGBN between April 14, 2002 and July 16, 2002. 

     3.   On July  24, 2002,  the  Philadelphia Office  issued  a 
Notice of Violation to Pentecostal for failure to make entries in 
the WGBN  station logs  indicating  the reasons  why it  did  not 
receive a RWT from WQED between May 2, 2002 and July 17, 2002, in 
violation of Section 11.35(a) of the Rules; failure to transmit a 
RMT on station  WGBN between May  1, 2002 and  July 17, 2002,  in 
violation of Section 11.61(a)(1)(v) of the Rules; and failure  to 
transmit a RWT on  station WGBN between April  14, 2002 and  July 
16, 2002, in violation of Section 11.61(a)(2)(i)(A) of the Rules.  
Pentecostal submitted a  response dated  August 5,  2002, to  the 
Philadelphia Office addressing the  Notice of Violation.  In  the 
response, Pentecostal acknowledged the violations and listed  the 
corrective measures taken to prevent a reoccurrence.  Pentecostal 
stated that  it checked  the  EAS receivers  and tuned  them  for 
proper monitoring stations  and implemented a  new EAS  Procedure 
Sheet.  Pentecostal also  stated that  it would  train the  staff 
about EAS operations on a quarterly basis and would more  closely 
monitor the RMT and RWT.   

     4.   On December 3, 2002, an agent re-inspected station WGBN 
to determine if Pentecostal corrected all the violations.  During 
the inspection,  the  agent  found  that  Pentecostal  failed  to 
receive a  RWT  from  station  WQED between  July  18,  2002  and 
September 28, 2002, between October 6, 2002 and November 9,  2002 
and between November 24, 2002 and December 3, 2002.   Pentecostal 
failed to make entries  in the WGBN  station logs indicating  the 
reasons why it failed to receive  the RWT from WQED during  these 
periods. The agent also found that Pentecostal failed to transmit 
a RMT  on station  WGBN during  the months  of October  2002  and 
November 2002  and  failed to  transmit  a RWT  on  station  WGBN 
between August 4, 2002 and  August 17, 2002, between October  13, 
2002 and  October 26,  2002  and between  November 17,  2002  and 
December 3, 2002.  Pentecostal had not implemented the corrective 
EAS measures they  stated in  their reply  to the  July 24,  2002 
Notice of Violation.

                        III.  DISCUSSION

     5.   Section 11.35(a)  of the  Rules states  that  broadcast 
stations are  responsible for  ensuring  that EAS  Encoders,  EAS 
Decoders and Attention Signal generating and receiving  equipment 
used as part of the EAS are installed so that the monitoring  and 
transmitting  functions  are  available  during  the  times   the 
stations and systems are  in operation.  Additionally,  broadcast 
stations must  determine  the cause  of  any failure  to  receive 
required tests or activations  specified in Sections  11.61(a)(1) 
and (2).  Appropriate  entries  must be  made  in  the  broadcast 
station log as specified in Sections 73.1820 and 73.1840 of  this 
chapter indicating the reasons why any tests were not  received.2  
Between May 2, 2002  and September 28,  2002, between October  6, 
2002 and November 9, 2002, between November 24, 2002 and December 
3, 2002,  Pentecostal  failed to  receive  a RWT  from  broadcast 
station WQED.  Pentecostal  failed to  make entries  in the  WGBN 
station logs indicating the  reasons why it  did not receive  the 
RWT from WQED during those periods. 

     6.   Section  11.61(a)(1)(v)  of   the  Rules  states   that 
effective January 1, 1997, broadcast stations shall conduct tests 
of the EAS header codes, Attention Signal, Test Script and End of 
Message codes once  a month.  The  RMT which shall  occur in  odd 
numbered months between 8:30 a.m. and local sunset while the  RMT 
in even numbered months shall occur between local sunset and 8:30 
a.m.  The tests will  originate from EAS  Local or State  Primary 
Sources.  Broadcast stations  must transmit  these monthly  tests 
within 60 minutes of receipt.  Station logs show that Pentecostal 
failed to transmit  a RMT on  station WGBN during  the months  of 
April 2002,  May 2002,  June 2002,  July 2002,  October 2002  and 
November 2002.

     7.   Section 11.61(a)(2)(i)(A)  of  the  Rules  states  that 
effective January 1, 1997, broadcast stations shall conduct tests 
of the EAS Header Codes and End of Message Codes at least once  a 
week  at  random  days  and   times.   Station  logs  show   that 
Pentecostal failed  to transmit  a RWT  on station  WGBN  between 
April 14, 2002  and July  16, 2002,  between August  4, 2002  and 
August 17, 2002, between October  13, 2002 and October 26,  2002, 
between November 17, 2002 and December 3, 2002. 

     8.   Based  on  the  evidence   before  us,  we  find   that 
Pentecostal  willfully3   and   repeatedly4   violated   Sections 
11.61(a)(1)(v),  and   11.61(a)(2)(i)(A)  of   the  Rules.    The 
Commission's Forfeiture Policy Statement and Amendment of Section 
1.80 of the Rules to  Incorporated the Forfeiture Guidelines,  12 
FCC Rcd 17087, 17113 (1997), recon. denied, 15 FCC Rcd  303(1999) 
(``Forfeiture Policy  Statement''),5  sets  the  base  forfeiture 
amount for failure to maintain  required records at one  thousand 
dollars ($1,000).  The Rules do  not establish a base  forfeiture 
amount for violating the Commission's rules requiring EAS  tests.  
Therefore, we must determine an appropriate forfeiture amount for 
this violation.  The requirement that broadcast stations  conduct 
EAS tests  is  similar  in  both nature  and  severity  to  other 
required operational performance checks  identified in the  Rules 
as  required  measurements   or  required  monitoring.    Section 
1.80(b)(4) of the Rules  sets the base  forfeiture amount at  two 
thousand  dollars   ($2,000)  for   failure  to   make   required 
measurements or conduct required monitoring.  Therefore, we  will 
assess the base forfeiture  for failing to  conduct EAS tests  in 
the amount of  two thousand dollars  ($2,000).  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 1934,6  (the ``Act''),  as amended,  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.   Applying   the 
Forfeiture Policy  Statement and  the  statutory factors  to  the 
instant case and applying  the inflation adjustments, we  believe 
that a  three thousand  dollar  ($3,000) monetary  forfeiture  is 
warranted. 

                      IV.  ORDERING CLAUSES

     9.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of  the  Communications  Act of  1934,  as  amended7,  and 
Sections 0.111,  0.311  and  1.80  of  the  Commission's  Rules8, 
Pentecostal is hereby  NOTIFIED of its  APPARENT LIABILITY FOR  A 
FORFEITURE in the amount of  three thousand dollars ($3,000)  for 
failing to  make entries  in the  station logs,  in violation  of 
Section 11.35(a) of the  Rules, failing to  transmit the RMT,  in 
violation of Section 11.61(a)(1)(v) of the Rules, and failing  to 
transmit the RWT,  in violation of  Section 11.61(a)(2)(i)(A)  of 
the Rules.

     10.  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, Pentecostal 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 should note the 
NAL/Acct. No. 200332400010 and FRN: 0008 2535 44.  
  
     12.  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. 200332400010 and  FRN: 
0008 2535 44.  

     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  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. 20554.9 

     15.  Under the Small Business Paperwork Relief Act of  2002, 
Pub L. No.  107-198, 116 Stat.  729 (June 28,  2002), the FCC  is 
engaged in  a two-year  tracking process  regarding the  size  of 
entities involved  in forfeitures.   If you  qualify as  a  small 
entity and  if you  wish to  be  treated as  a small  entity  for 
tracking purposes, please  so certify  to us  within thirty  (30) 
days of this  NAL, either in  your response  to the NAL  or in  a 
separate filing to  be sent  to the Technical  and Public  Safety 
Division.   Your  certification  should  indicate  whether   you, 
including your parent  entity and its  subsidiaries, meet one  of 
the definitions  set forth  in  the list  provided by  the  FCC's 
Office of Communications Business Opportunities (OCBO) set  forth 
in Attachment  A  of this  Notice  of Apparent  Liability.   This 
information will  be  used  for  tracking  purposes  only.   Your 
response or  failure to  respond to  this question  will have  no 
effect on your  rights and responsibilities  pursuant to  Section 
503(b)  of  the  Communications  Act.   If  you  have   questions 
regarding any  of  the  information contained  in  Attachment  A, 
please contact OCBO at (202) 418-0990.

     16.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to  Pentecostal  Temple Development  Corporation,  6300 
East Liberty Boulevard, Pittsburgh, Pennsylvania 15206. 


                                   FEDERAL         COMMUNICATIONS 
COMMISSION
                              


                                   John E. Rahtes
                                   District Director
                                   Philadelphia Office

Attachment A - FCC's List for Small Entities
_________________________

1 47 C.F.R  11.35(a), 11.61(a)(1)(v), and 11.61(a)(2)(i)(A). 


2 47 CFR  73.1820, and 73.1840.

3 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).

4 Section  312(f)(2),  which  also  applies  to  Section  503(b), 
provides:  [t]he 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.
5
 47 C.F.R.  1.80.

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

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

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

9 See 47 C.F.R.  1.1914.