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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                          )                               
                                                                          
     In the Matter of                     )                               
                                                                          
     Christian Family Network, Inc.       )     File Number EB-06-DT-277  
                                                                          
     Former Licensee of AM Station WOLY   )   NAL/Acct. No. 200732360001  
                                                                          
     Battle Creek, Michigan               )              FRN: 0010140358  
                                                                          
     Facility ID #11032                   )                               
                                                                          
                                          )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                    Released: August 16, 2007

   By the District Director, Detroit Office, Northeast Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Christian Family Network, Inc., ("Christian Family Network"),
       former licensee of AM station WOLY, in Battle Creek, Michigan,
       apparently willfully and repeatedly violated Section 301 of the
       Communications Act of 1934, as amended ("Act"), by engaging in
       unauthorized operations of its station after its license expired. We
       conclude, pursuant to Section 503(b) of the Act, that Christian Family
       Network is apparently liable for a forfeiture in the amount of ten
       thousand dollars ($10,000).

   II. BACKGROUND

    2. Christian Family Network's license authorizing it to operate station
       WOLY on frequency 1500 kHz expired on October 1, 2004. Christian
       Family Network has not filed a license renewal application, which was
       due on June 1, 2004, nor has it been granted a Special Temporary
       Authority ("STA") either to operate its station after October 1, 2004
       or to remain silent. In a letter dated June 13, 2006, the Media Bureau
       notified Christian Family Network that "...all authority to operate
       station WOLY(AM), Battle Creek, MI IS TERMINATED and the call letters
       are deleted. Any operation of this facility is now unauthorized and
       must cease immediately..."

    3. On July 14, 2006, based on information from an area resident that the
       station continued to operate, agents from the Commission's Detroit
       Office monitored transmissions on 1500 KHz in Battle Creek, MI. Using
       direction finding techniques, the agents determined that the source of
       the transmissions on 1500 KHz was 15074 6 . Mile Road, Battle Creek,
       MI 49014, which was the previously authorized location for station
       WOLY's transmitter.

    4. On August 17, 2006, an agent spoke to the owner and President of
       Christian Family Network, Inc., James Elsman. The agent advised Elsman
       that the station is unlicensed and therefore is not authorized to
       operate. Elsman stated to the agent that he tried to file
       electronically, but was unable to do so. Elsman also reported that he
       spoke to someone at the FCC who advised him that he was required to
       file his license renewal application electronically. The agent
       provided Elsman the telephone number for the FCC's Audio Service
       Division.

    5. On March 2, 2007 and May 22, 2007, an agent from the Commission's
       Detroit Office monitored 1500 KHz in Battle Creek, MI and, using
       direction finding techniques, verified that the station continued to
       operate at 15074 6 . Mile Road in Battle Creek. At the time, the agent
       also confirmed that Christian Family Network had not filed a license
       renewal application.

   III. DISCUSSION

    6. 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. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

    7. Section 301 of the Act requires that no person shall use or operate
       any apparatus for the transmission of energy or communications or
       signals by radio within the United States except under and in
       accordance with the Act and with a license. The authorization to
       operate station WOLY expired on October 1, 2004. By letter dated June
       14, 2006, the Media Bureau advised Christian Family Network that the
       call sign for WOLY was deleted and that Christian Family Network no
       longer had authority to operate the station. On July 14, 2006, March
       2, 2007, and May 22, 2007, FCC agents found that Christian Family
       Network operated radio transmission equipment at 15074 6 . Mile Road,
       Battle Creek, MI, without the required Commission authorization.
       Christian Family Network also was orally warned by an FCC agent during
       a telephone conversation on August 17, 2006 that operation of the
       station was unauthorized. We conclude that Christian Family Network's
       violation was willful because it continued to operate its station even
       after receiving notice from the Media Bureau that its license had been
       cancelled and even after receiving an additional warning from an FCC
       agent. The violation occurred on more than one day, therefore, it was
       repeated.

    8. Based on the evidence before us, we find that Christian Family Network
       apparently willfully and repeatedly violated Section 301 of the Act by
       continuing to operate a radio station on 1500 KHz in Battle Creek, MI
       after the expiration of its license for station WOLY on October 1,
       2004.

    9. 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 construction and/or operation without an
       instrument of authorization for the service is $10,000. 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
       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. We recognize that, in many cases
       involving a station's continued operation after the expiration of its
       license, the proposed forfeiture amount has been reduced to $4,000
       from the base forfeiture amount of $10,000. In those cases, however,
       the stations had filed renewal applications, albeit late, and did not
       continue to operate after being warned that it no longer had authority
       to operate. Here, Christian Family Network's license to operate
       station WOLY expired on October 1, 2004, and it continued to operate
       without a license even after being notified by the Media Bureau that
       its authority to operate had been terminated  and even after receiving
       an oral warning from an FCC agent that it no longer had authority to
       operate. We therefore conclude that the base forfeiture amount of
       $10,000 for violation of Section 301 of the Act is warranted. 

   IV. ORDERING CLAUSES

   10. 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, Christian Family Network,
       Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in
       the amount of ten thousand dollars ($10,000) for violation of Section
       301 of the Act.

   11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules, within thirty (30) days of the release date of
       this Notice of Apparent Liability for Forfeiture, Christian Family
       Network, Inc., SHALL PAY the full amount of the proposed forfeiture or
       SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

   12. 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 by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA
       15251-8340.  Payment by overnight mail may be sent to Mellon
       Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
       15251.   Payment by wire transfer may be made to ABA Number 043000261,
       receiving bank Mellon Bank, and account number 911-6106.

   13. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Northeast Region, Detroit Office,
       24897 Hathaway Street, Farmington Hills, Michigan, 48335-1552, and
       must include the NAL/Acct. No. referenced in the caption.

   14. 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.

   15. 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.

   16. 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 Christian Family Network, Inc., at its
       address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   James A. Bridgewater

   District Director

   Detroit Office

   Northeast Region

   Enforcement Bureau

   47 U.S.C. S: 301.

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

   The agents also conducted a station inspection on July 14, 2006, and found
   numerous apparent violations, including inoperable EAS equipment and
   missing public inspection file items. Because we conclude that the station
   has apparently willfully and repeatedly continued to operate without a
   valid license in violation of Section 301 of the Act, we do not address
   here the apparent violations with regard to the station's operations.

   Section 312(f)(1) of the Act, 47 U.S.C. S: 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).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 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."

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

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

   47 U.S.C. S:S: 301, 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80.

   See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

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   Federal Communications Commission