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

In the Matter of                 )
                                 )
Birmingham Christian Radio, Inc  )                    EB-05-AT-028
                                 )
Licensee of Station WNUZ         )      NAL/Acct. No. 200632480002
Talladega, Alabama               )                  FRN 0009954801
Facility ID # 54472              )



             NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                               Released: November 
                                                         18, 2005

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

I.   INTRODUCTION

      1.  In this Notice of Apparent Liability for Forfeiture 
 (``NAL''), we find that Birmingham Christian Radio, Inc. 
 (``BCR''),1 licensee of station WNUZ in Talladega, Alabama, 
 apparently willfully and repeatedly violated Section 11.35(a) 
 of the Commission's Rules (``Rules'')2 by failing to maintain 
 operational Emergency Alert System (``EAS'') equipment, and 
 apparently willfully violated Section 73.3526(c) of the Rules3 
 by failing to make available a complete public inspection file.  
 We conclude, pursuant to Section 503(b) of the Communications 
 Act of 1934, as amended ("Act"),4 that BCR is apparently liable 
 for a forfeiture in the amount of nine thousand dollars 
 ($9,000).

II.  BACKGROUND

      2.  On March 7, 2005, an agent from the Commission's 
 Atlanta Office of the Enforcement Bureau (``Atlanta Office''), 
 accompanied by a station employee, conducted a detailed 
 inspection of the station's main studio.  The station had 
 installed EAS equipment.  However, when the agent tested the 
 EAS encoder by activating a test EAS alert, while monitoring 
 the station's off-the-air signal, the alert was not transmitted 
 by the station.  The agent also examined the two receivers used 
 to monitor the EAS sources and found neither was functioning 
 properly.  In addition, the agent inspected the station's EAS 
 logs.  The logs showed that the last EAS test received by the 
 station was June 6, 2004.  The logs contained no statements 
 that the EAS equipment had been taken out of service or was 
 under repair.  The agent also reviewed the contents of the 
 public inspection file and found it missing the issues/programs 
 lists for the third and fourth quarters of 2004.  No employee 
 at the station could find the lists or make them available to 
 the agent.

      3.  On August 25, 2005, the Atlanta Office issued BCR a 
 Notice of Violation (``NOV'') for violating, among other 
 things, Sections 11.35(a), 11.52(d), and 73.3526(c) of the 
 Rules.5  In its reply to the NOV, received September 21, 2005, 
 BCR stated that the EAS encoder and receivers had been 
 incorrectly installed at the time of the March 7, 2005 
 inspection, but that the equipment had been installed correctly 
 on or about August 30, 2005.  BCR also stated that it had 
 placed the missing issues/programs lists in the station's 
 public file.

III.      DISCUSSION

      4.  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.6  The term 
 ``repeated'' means the commission or omission of such act more 
 than once or for more than one day.7 

      5.  Section 11.35(a) of the Rules states that ``Broadcast 
 stations and cable systems and wireless cable systems 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 time the 
 stations and systems are in operation.''  When a test of the 
 WNUZ encoder was conducted during the station inspection on 
 March 7, 2005, the station was unable to transmit an EAS alert 
 over-the-air.  Moreover, neither of the two EAS receivers 
 employed for monitoring the two assigned sources was 
 operational.8  The station records also did not contain any 
 entries indicating that the EAS system was malfunctioning or 
 was under repair.  In reply to the NOV, BCR admitted that the 
 station's EAS equipment had been incorrectly installed on March 
 7, 2005 and that the equipment was not properly installed until 
 about August 30, 2005.  Based on the evidence before us, we 
 find that BCR apparently willfully and repeatedly violated 
 Section 11.35(a) by failing to maintain operational EAS 
 equipment.  

      6.  Section 73.3526(c) of the Rules states that material in 
 the public inspection file ``shall be available for public 
 inspection at any time during regular business hours.''  At the 
 time of the inspection, the station was unable to make the 
 issues/programs listings for the third and fourth quarters of 
 2004 available to the agent, as required by Section 
 73.3526(e)(12) of the Rules.  In the reply to the NOV, BCR 
 stated that the violation had been corrected and the lists were 
 now in the station's public file.  Based on this evidence, we 
 find that BCR apparently willfully violated Section 73.3526(c) 
 of the Rules by failing to maintain a complete public 
 inspection file.

      7.  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 EAS equipment not installed or 
 operational is $8,000 and the base forfeiture amount for 
 violations of public file rules is $10,000.9  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.10  Because station 
 WNUZ's public inspection file was mostly complete, we conclude 
 a reduction from the base forfeiture amount to $1,000 is 
 appropriate. 11  Applying the Forfeiture Policy Statement, 
 Section 1.80, and the statutory factors to the instant case, we 
 conclude that BCR is apparently liable for a nine thousand 
 dollar ($9,000) forfeiture.

IV.  ORDERING CLAUSES

      8.  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, Birmingham Christian Radio, Inc. is hereby NOTIFIED of 
 this APPARENT LIABILITY FOR A FORFEITURE in the amount of nine 
 thousand dollars ($9,000) for violations of Sections 11.35(a) 
 and 73.3526(c) of the Rules.12

      9.  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, Birmingham 
 Christian Radio, Inc. SHALL PAY the full amount of the proposed 
 forfeiture or SHALL FILE a written statement seeking reduction 
 or cancellation of the proposed forfeiture.

      10.      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.  

      11.      The response, if any, must be mailed to Federal 
 Communications Commission, Enforcement Bureau, South Central 
 Region, Atlanta Office, 3575 Koger Blvd., Ste. 320, Duluth, GA  
 30096 and must include the NAL/Acct. No. referenced in the 
 caption.  

      12.      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.  

      13.      Requests for payment of the full amount of this 
 Notice of Apparent Liability for Forfeiture under an 
 installment plan should be sent to: Associate Managing 
 Director, Financial Operations, 445 12th Street, S.W., Room 
 1A625, Washington, D.C. 20554.8

      14.      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 Birmingham 
 Christian Radio, Inc. at its address of record. 


                              FEDERAL COMMUNICATIONS COMMISSION



                              
                              Fred L. Broce
                              District Director, 
                              Atlanta Office
                              South Central Region
                              Enforcement Bureau



_________________________

1BCR is owned by Willis Broadcasting Corporation.
2 47 C.F.R.  11.35(a).
347 C.F.R.  73.3526(c).
447 U.S.C.  503(b).  
5Notice of Violation, NOV V20053248003 (Enf. Bur., Atlanta 
Office, August 25, 2005).

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 or any rule or regulation of the Commission authorized 
by this Act...."  See Southern California Broadcasting Co., 6 FCC 
Rcd 4387 (1991).
7Section 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.'' 
8See 47 C.F.R.  1.1914.
912 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.
1047 U.S.C.  503(b)(2)(D).
11See Twenty-One Sound Communications, Inc., Forfeiture Order, 20 
FCC Rcd 12497 (Enf. Bur. 2005).
1247 U.S.C.  503(b), 47 C.F.R.  0.111, 0.311, 0.314, 1.80, 
11.35(a), 73.3526(c).
8See 47 C.F.R.  1.1914.