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


In the Matter of                  )
                                 )
Halifax Christian Community       )   File Number EB-04-TP-054
Church, Inc. Licensee of WFBO-    )   NAL/Acct. No. 200532700003
LP                                )   FRN: 0006871339
Flagler Beach, Florida            )



         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                 Released:  December 6, 2004

By  the  District  Director,  Tampa  Office,  South  Central 
Region, Enforcement Bureau:

I.   INTRODUCTION

     1.   In this Notice of Apparent Liability for 
Forfeiture (``NAL''), we find Halifax Christian Community 
Church, Inc. (``Halifax''), licensee of low power FM 
(``LPFM'') radio station WFBO-LP, Flagler Beach, Florida, 
apparently liable for a forfeiture in the amount of twenty-
one thousand dollars ($21,000) for willful and repeated 
violation of Sections 11.35, 73.840, 73.845, and 
73.1660(a)(2) of the Commission's Rules (``Rules'')1.  
Specifically, we find Halifax apparently liable for failure 
to install and maintain operational EAS equipment and 
operating overpower with a non-certified transmitter from an 
unauthorized location. 

II.   BACKGROUND 

     2.   In response to a complaint, agents of the 
Enforcement Bureau's Tampa Office (``Tampa Office'') 
investigated station WFBO-LP in Flagler Beach, Florida.  On 
February 20, 2004, before inspecting the main studio, the 
agents observed the station's transmitter operating at 450 
watts, a level significantly above the station's authorized 
power of 27 watts.  The transmitter consisted of a non-
certified exciter attached to a 500-watt amplifier and was 
located approximately 1 miles from its licensed geographic 
coordinates.  During the inspection of the main studio, the 
agents observed that the station had not installed any EAS 
equipment.  The station owner admitted that the station had 
never installed any EAS equipment.  The station owner also 
acknowledged that the transmitter was not located at its 
licensed coordinates, had always been located in its current 
location, and had been operating overpower.  The agents 
returned to the transmitter site with the station owner, who 
lowered the transmitter's power level before the agents 
reached the power meter.  During this inspection, the agents 
observed the transmitter operating at 320 watts.     

III.        DISCUSSION

     3.   Section 11.35(a) of the Rules2 states that 
broadcast stations are responsible for ensuring that EAS 
equipment is installed so that the monitoring and 
transmitting functions are available during the times the 
station is in operation.  During an inspection on February 
20, 2004, there was no EAS equipment installed at the 
station.  Accordingly, the monitoring and transmitting 
functions of the EAS equipment were not available.  The 
station owner admitted that the station had never installed 
any EAS equipment. 

     4.   Section 73.840 of the Rules3 requires the station 
to maintain the transmitter power output (``TPO'') as near 
as practicable to its authorized value, but not less than 
90% of the minimum TPO, nor greater than 105% of the maximum 
authorized TPO.  The station was authorized to operate at 27 
watts.  On February 20, 2004, the station's transmitter 
operated at over 1000% of its authorized power.  The station 
owner admitted to increasing the transmitter power over the 
authorized level to provide additional coverage for the 
station.   

     5.   Section 73.845 of the Rules4 requires each LPFM 
station to maintain and operate its station in accordance 
with the terms of its station authorization.  Station WFBO-
LP's station authorization specified its authorized 
transmitter location by geographic coordinates.  However, 
the station's transmitter was constructed approximately 1-
1/2 miles away from the authorized location.  The station 
owner stated that he was aware of this fact and that the 
transmitter had always been located in the same place.   

     6.   Section 73.1660(a)(2) of the Rules5 requires every 
LPFM station to use an FCC Certified transmitter.  The 
transmitter used by station WFBO-LP consisted of an exciter 
and amplifier.  Neither of these pieces of equipment were 
FCC Certified.       

     7.   Based on the evidence before us, we find Halifax 
willfully6 and repeatedly7 violated Sections 11.35, 73.840, 
73.845, and 73.1660(a)(2) of the Rules by failing to install 
and maintain EAS equipment and operating overpower with a 
non-certified transmitter from an unauthorized location. 

     8.   Pursuant to The Commission's Forfeiture Policy 
Statement and Amendment of Section 1.80 of the Rules to 
Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 
(1997), recon. denied, 15 FCC Rcd 303 (1999) (``Forfeiture 
Policy Statement'') and Section 1.80(b)(4) of the Rules,8 
the base forfeiture amounts are as follows:  failure to 
install EAS equipment, $8,000; use of unauthorized 
equipment, $5,000; exceeding power limits, $4,000; and 
construction or operation at an unauthorized location, 
$4,000.  In assessing the monetary forfeiture amount, we 
must also take into account the statutory factors set forth 
in Section 503(b)(2)(D) of the Act, 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.9  Considering the 
entire record and applying the factors listed above, this 
case warrants a $21,000 forfeiture. 

IV.   ORDERING CLAUSES

     9.   Accordingly, IT IS ORDERED that, pursuant to 
Section 503(b) of the Communications Act of 1934, as 
amended,10 and Sections 0.111, 0.311 and 1.80 of the 
Commission's Rules,11 Halifax Christian Community Church, 
Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A 
FORFEITURE in the amount of twenty-one thousand dollars 
($21,000) for willful and repeated violation of Sections 
11.35, 73.840, 73.845, and 73.1660(a)(2) of the Rules by 
failing to install and maintain required EAS equipment and 
operating overpower with a non-certified transmitter from an 
unauthorized location.

     10.  IT IS FURTHER ORDERED that, pursuant to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, Halifax Christian Community Church, Inc., 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 must be made by check or 
similar instrument, payable to the order of the Federal 
Communications Commission.  Payment by check or money order 
may be mailed to Forfeiture Collection Section, Finance 
Branch, Federal Communications Commission, P.O. Box 73482, 
Chicago, IL 60673-7482.  Payment by overnight mail may be 
sent to Bank One/LB 73482, 525 West Monroe, 8th Floor 
Mailroom, Chicago, IL 60661.   Payment by wire transfer may 
be made to ABA Number 071000013, receiving bank Bank One, 
and account number 1165259.  The payment should note 
NAL/Acct. No. 200532700003, and FRN 0006871339.  Requests 
for payment of the full amount of this NAL under an 
installment plan should be sent to: Chief, Revenue and 
Receivable Operations Group, 445 12th Street, S.W., 
Washington, D.C. 20554.12

     12.  The response, if any, must be mailed to Federal 
Communications Commission, 2203 N. Lois Avenue Suite 1215, 
Tampa, Florida 33607 within thirty days of the release date 
of this NAL and MUST INCLUDE THE NAL/Acct. No. referenced 
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.   IT IS FURTHER ORDERED that a copy of this NAL 
shall be sent by regular mail and Certified Mail Return 
Receipt Requested to Halifax Christian Community Church, 
Inc., Ronald L. Kocher, President, 45 Pine Hill Lane, Palm 
Coast, FL 32164.



                              FEDERAL COMMUNICATIONS 
                              COMMISSION



                              Ralph Barlow
                              District    Director,    Tampa 
Office, South Central Region
                              Enforcement Bureau

_________________________

147 C.F.R.  11.35(a), 73.840, 73.845, 73.1660(a)(2).

247 C.F.R.  11.35(a).

347 C.F.R.  73.840.

447 C.F.R.  73.845.

5 47 C.F.R.  73.1660(a)(2)

6Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to  violations for  which forfeitures  are assessed 
under 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  4387-88 
(1991).

7The  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).

847 C.F.R.  1.80(b)(4).

947 U.S.C.  503(b)(2)(D).

1047 U.S.C.  503(b).

1147 C.F.R.  0.111, 0.311 and 1.80.

12See 47 C.F.R.  1.1914.