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

In the Matter of                 )
                                 )
Family Educational Association   )        File Number EB-05-SJ-015
Inc.                             )
                                 )       NAL/Acct. No.200532680002
Licensee of Station WPLI         )                  FRN 0010628246 
Levittown, PR                    )
Facility ID # 11620



             NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                             Released: August 24, 
                                                             2005

By the Resident Agent, San Juan Office, South Central Region, 
Enforcement Bureau:

I.   INTRODUCTION

      1.  In this Notice of Apparent Liability for Forfeiture 
 (``NAL''), we find that Family Educational Association Inc. 
 (``Family''), licensee of station WPLI, in Levittown, Puerto 
 Rico, apparently willfully and repeatedly violated Section 
 73.1350(a) of the Commission's Rules (``Rules'')1 by failing to 
 operate the station in accordance with the terms of the station 
 authorization.  We conclude, pursuant to Section 503(b) of the 
 Communications Act of 1934, as amended (``Act''),2 that Family 
 is apparently liable for a forfeiture in the amount of seven 
 thousand dollars ($7,000).

II.  BACKGROUND

      2.  On April 21, 2005, agents from the Commission's San 
 Juan Office of the Enforcement Bureau conducted an inspection 
 of WPLI's transmitter site located on the roof of the Atlantico 
 Condominium at Naranjal Street, Levittown, Puerto Rico. The 
 agents discovered that the station was operating with a non-
 directional antenna.  The agents also found that the station 
 was operating at an ERP of 26.4 watts on a horizontally 
 polarized antenna, with no vertical component.  The engineer 
 for the station stated that the non-directional antenna was 
 already in place when he was hired by the station in early 
 2005.  On May 26, 2005, the owner of the station admitted that 
 the non-directional antenna had been installed earlier in 
 April.  WPLI's license requires that it utilize a directional 
 antenna and operate at 34 watts on a horizontally polarized 
 antenna and 100 watts on a vertically polarized antenna.

III.      DISCUSSION

      3.  Section 503(b) of the Act provides that any person who 
 willfully or repeatedly fails to comply substantially with the 
 terms and conditions of any license, or willfully or repeatedly 
 fails to comply with any of the provisions of the Act or of any 
 rule, regulation or order issued by the Commission thereunder, 
 shall be liable for a forfeiture penalty.  The term ``willful'' 
 as used in Section 503(b) has been interpreted to mean simply 
 that the acts or omissions are committed knowingly.3  The term 
 ``repeated'' means the commission or omission of such act more 
 than once or for more than one day.4 

      4.  Section 73.1350(a) of the Rules5 states that each 
 licensee is responsible for maintaining and operating its 
 broadcast station in a manner which complies with the technical 
 rules set forth elsewhere in this part and in accordance with 
 the terms of the station authorization.  On April 21, 2005, 
 station WPLI was transmitting with a non-directional antenna 
 (Telecom Radio Antenna model TFC1K) with no vertical component 
 and an ERP of 26.4 watts horizontal.  According to the terms of 
 its station authorization, the station is licensed to operate 
 with a directional antenna (ODD model ODD930823IG) and an ERP 
 of 34 watts horizontal and 100 watts vertical.  The station 
 owner admitted that the station installed the non-directional 
 antenna with no vertical component earlier in April.

      5.  Based on the evidence before us, we find that Family 
 apparently willfully and repeatedly violated Section 73.1350(a) 
 of the Rules by failing to operate its station in accordance 
 with the terms of the station authorization.

      6.  Pursuant to The Commission's Forfeiture Policy 
 Statement and Amendment of Section 1.80 of the Rules to 
 Incorporate the Forfeiture Guidelines, (``Forfeiture Policy 
 Statement''), and Section 1.80 of the Rules, the base 
 forfeiture amount for failure to maintain directional pattern 
 within prescribed parameters is $7,000.6  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 violations, and with respect to the violator, the degree of 
 culpability, and history of prior offenses, ability to pay, and 
 other such matters as justice may require.7  Applying the 
 Forfeiture Policy Statement, Section 1.80, and the statutory 
 factors to the instant case, we conclude that Family is 
 apparently liable for a $7,000 forfeiture.
  
IV.  ORDERING CLAUSES

      7.  Accordingly, IT IS ORDERED that, pursuant to Section 
 503(b) of the Communications Act of 1934, as amended, and 
 Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's 
 Rules, Family Educational Association Inc. is hereby NOTIFIED 
 of this APPARENT LIABILITY FOR A FORFEITURE in the amount of 
 seven thousand dollars ($7,000) for violation of Section 
 73.1350(a) of the Rules.8

      8.  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 for Forfeiture, Family 
 Educational Association Inc. SHALL PAY the full amount of the 
 proposed forfeiture or SHALL FILE a written statement seeking 
 reduction or cancellation of the proposed forfeiture.

      9.  Payment of the forfeiture must be made by check or 
 similar instrument, payable to the order of the Federal 
 Communications Commission. The payment must include the 
 NAL/Acct. No. and FRN No. referenced above. Payment bycheck 
 or money order may be mailed to Federal Communications 
 Commission, P.O. Box358340,Pittsburgh, PA 15251-8340. 
 Payment by overnight mail may be sent toMellon 
 Bank/LB358340,500 Ross Street, Room 1540670, Pittsburgh, PA 
 15251. Payment by wire transfer may be made to ABA 
 Number043000261, receiving bankMellon Bank, and account 
 number911-6106.  

      10.      The response, if any, must be mailed to Federal 
 Communications Commission, Enforcement Bureau, South Central 
 Region, San Juan, Room 762, Hato Rey, PR, 00918 and must 
 include the NAL/Acct. No. referenced in the caption.  

      11.      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.  

      12.      Requests for payment of the full amount of this 
 Notice of Apparent Liability for Forfeiture under an 
 installment plan should be sent to: Chief, Revenue and 
 Receivables Operations Group, 445 12th Street, S.W., 
 Washington, D.C. 20554.8

      13.      IT IS FURTHER ORDERED that a copy of this Notice 
 of Apparent Liability for Forfeiture shall be sent by Certified 
 Mail, Return Receipt Requested, and regular mail, to Family 
 Educational Association Inc. at P.O. Box 7, Moca, Puerto Rico 
 00676-0007. 


                              FEDERAL COMMUNICATIONS COMMISSION



                              William Berry
                              Resident Agent
                              San Juan Office
                              South Central Region
                              Enforcement Bureau



_________________________

147 C.F.R.  73.1350(a).
247 U.S.C.  503(b).  
3Section 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 or any rule or regulation of the Commission authorized 
by this Act...."  See Southern California Broadcasting Co., 6 FCC 
Rcd 4387 (1991).
4Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which also 
applies to violations for which forfeitures are assessed under 
Section 503(b) of the Act, provides that "[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.'' 
547 C.F.R.  73.1350(a).
612 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.
747 U.S.C.  503(b)(2)(D).
8See 47 C.F.R.  1.1914.
8See 47 C.F.R.  1.1914.