Click here for Microsoft Word Version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from
WordPerfect or Word to ASCII Text format.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Word or WordPerfect version or Adobe Acrobat version (above).

*****************************************************************



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

In re                           )
                                )
Family Broadcasting, Inc.       )    EB Docket No. 01-39
                                )
Order to Show Cause Why the Licenses for     )     
Stations WSTX(AM) and WSTX-FM, ) 
Christiansted, U.S. Virgin Islands,  )
Should Not Be Revoked           )
                                

    ORDER TO SHOW CAUSE AND NOTICE OF OPPORTUNITY FOR HEARING

Adopted:  February 8, 2001              Released:   February  13, 

2001

By the Commission:

                        I.  INTRODUCTION

1.        In this Order to Show  Cause and Notice of  Opportunity 
  for Hearing  (``Order''), we commence  a hearing proceeding  to 
  determine  whether the  licenses held  by Family  Broadcasting, 
  Inc.   (``Family'')   for  Stations   WSTX(AM)   and   WSTX-FM, 
  Christiansted,  U.S. Virgin  Islands, should  be revoked.   The 
  evidence  before us  suggests  that Family  has  willfully  and 
  repeatedly violated  the Commission's rules and  misrepresented 
  facts   to   and/or  lacked   candor   with   the   Commission.  
  Accordingly,  we  believe   that  an  evidentiary  hearing   is 
  warranted to determine the extent to which Family has  violated 
  the  Commission's rules  and  to determine  whether  Family  is 
  qualified to be and remain a Commission licensee.

                         II.  BACKGROUND

2.        Station  WSTX(AM)  is  authorized  to  operate  with  5 
  kilowatts daytime power  and 1 kilowatt nighttime power and  an 
  antenna height above ground  level of 106.5 meters from a  site 
  at Fort Louise  Augusta in Christiansted, U.S. Virgin  Islands.  
  The geographic coordinates of the Fort Louise Augusta site  are 
  1745'23''  North  latitude  and  06441'38''  West  longitude.  
  Station  WSTX-FM is  authorized to  operate with  50  kilowatts 
  effective radiated  power and  an antenna  height above  ground 
  level  of   41  meters  from  a   site  at  Blue  Mountain   in 
  Christiansted.   The   geographic  coordinates   of  the   Blue 
  Mountain  site are  1745'20'' North  latitude and  06447'55'' 
  West longitude.   The stations  share a common  main studio  at 
  Fort Louise Augusta.  

3.        On February 13, 1995, an agent from the FCC's San Juan, 
  Puerto  Rico Office  (``San  Juan Office'')  visited  WSTX-FM's 
  authorized  transmitter  site  at  Blue  Mountain.   The   site 
  manager told  the agent that Family  had been evicted from  the 
  Blue Mountain  site due to  nonpayment of rent;  that the  site 
  manager  had filed  an action  in court  and received  a  court 
  order authorizing  him to  keep the FM  transmitter unless  and 
  until Family paid the rental monies owed; and that WSTX-FM  had 
  been off the air since October 15, 1994, when the site  manager 
  cut the power to  the FM transmitter.  On August 16, 1995,  the 
  Mass Media Bureau sent a letter of inquiry (``LOI'') to  Family 
  which noted  that FCC records  did not reveal  any request  for 
  special   temporary   authority   (``STA'')1   to   discontinue 
  operations  at WSTX-FM  or any  notification that  WSTX-FM  had 
  resumed  operations  and  requested  that  Family  clarify  its 
  operational status within 30 days.2  Family did not respond  to 
  this LOI.   In an amendment  to its December  4, 1995,  license 
  renewal   application,3   Family  stated   that   WSTX-FM   had 
  experienced  ``severe problems  with equipment  because of  its 
  close  proximity and  exposure to  the sea,  and has  therefore 
  been on  and off the airwaves  intermittently.  To add to  this 
  difficulty has  been renegotiations relative  to the lease  for 
  the location  of the FM transmitter.''   Family stated that  it 
  had therefore  decided that application should  be made to  the 
  Commission  to   relocate  WSTX-FM's   transmitter.   No   such 
  application was  ever filed  with the Commission.   On May  30, 
  1996, the Mass Media Bureau designated the renewal  application 
  for WSTX-FM  for hearing  to determine whether  Family had  the 
  capability and  intent to  resume the  broadcast operations  of 
  WSTX-FM.4  On December 6, 1996, in response to a joint  request 
  by Family  and the  Mass Media Bureau,  the Administrative  Law 
  Judge  (``ALJ'')  issued an  order  suspending  all  procedural 
  dates  in the  hearing  proceeding  to afford  Family  a  final 
  opportunity to resume  operation of WSTX-FM.5  Family  returned 
  WSTX-FM to the air on January 18, 1997.  On June 18, 1997,  the 
  ALJ  issued   a  summary  decision   terminating  the   hearing 
  proceeding  and granting  the license  renewal application  for 
  WSTX-FM.6  

4.        On August 19, 1997, an  agent from the San Juan  Office 
  conducted an on-site  inspection of WSTX(AM) and WSTX-FM.   Mr. 
  G. Luz A. James,  the principal owner and president of  Family, 
  accompanied  the  agent  during  the  inspection.   During  the 
  inspection, the  agent found no public  inspection file and  no 
  station logs available  for review.  The agent also found  that 
  there  was  no  Emergency  Alert  System  (``EAS'')   equipment 
  installed at  the stations.   In addition,  the agent  observed 
  that  both stations  were operating  substantially at  variance 
  from the terms of their authorizations.  WSTX-FM's  transmitter 
  was operating  from the  Fort Louise Augusta  site, instead  of 
  its  authorized  Blue   Mountain  site.   Both  stations   were 
  operating with  reduced power and  with unauthorized  antennas.  
  WSTX-FM was operating with 100 watts power transmitting from  a 
  one-bay antenna  with a height of  approximately 50 feet  above 
  ground level,  and WSTX(AM)  was operating  with 2.8  kilowatts 
  power transmitting  from a 110-foot  antenna tower.   Moreover, 
  the AM antenna tower  did not have adequate fencing to  prevent 
  the public from  accessing the radiator.  Mr. James was  unable 
  to provide  any STAs authorizing operation  of the stations  at 
  variance from the  terms of their authorizations.  In a  letter 
  dated August  25, 1997, the San  Juan Office advised Family  of 
  the violations and also  advised Family of the need to  request 
  STA  to operate  at  variance from  the  terms of  its  station 
  authorizations.  The letter directed Family to submit a  report 
  of actions taken to correct the violations within ten days  and 
  notified Family  that the  stations would be  reinspected at  a 
  later date.   Family did not  respond to the  August 25,  1997, 
  letter. 

5.        An agent from the San Juan Office conducted a follow-up 
  inspection of  WSTX(AM) and WSTX-FM on  December 4, 1997.   Mr. 
  James again accompanied  the agent during the inspection.   The 
  agent observed  that EAS equipment had  been purchased for  the 
  stations,  but had  not yet  been  installed.  The  agent  also 
  observed that both stations were operating at the same  reduced 
  power  levels  and  with  the  unauthorized  antennas  observed 
  during the previous  inspection and that WSTX-FM's  transmitter 
  was operating  from the Fort Louise  Augusta site.  Although  a 
  fence surrounding the AM antenna tower was under  construction, 
  public  access to  the AM  antenna  tower was  still  possible.  
  Family did not have STA to authorize operation of the  stations 
  at variance  from their authorizations.   On December 8,  1997, 
  the San  Juan Office issued to  Family two separate Notices  of 
  Violations  (``NOVs''), one  for the  violations pertaining  to 
  WSTX(AM)  and one  for the  violations pertaining  to  WSTX-FM.  
  The  NOVs directed  Family to  file responses  describing  what 
  actions had  been taken  to correct the  violations within  ten 
  days  and   warned  Family  that   failure  to  respond   would 
  constitute a violation  of the Commission's rules.  Family  did 
  not respond to the December 8, 1997, NOVs.7 

6.        On April 23,  1998, Commission staff  sent two LOIs  to 
  Family,  one  pertaining to  violations  at  WSTX(AM)  and  one 
  pertaining  to violations  at WSTX-FM  as observed  during  the 
  August 19, 1997,  and December 8, 1997, inspections.  The  LOIs 
  requested that Family  provide responses indicating what  steps 
  had been taken to  bring the stations into compliance with  the 
  Commission's rules.   Family responded to the  LOIs on May  28, 
  1998.    Regarding  WSTX-FM,   Family   stated  that   the   FM 
  transmitter  and  tower had  been  destroyed  during  Hurricane 
  Marilyn in  September 1995.   Family indicated that  it was  in 
  the process of  purchasing a 30 kilowatt transmitter for  WSTX-
  FM ``within the  next four months.''  Family further  indicated 
  that because  the cost of constructing  at the authorized  Blue 
  Mountain site was ``prohibitive,'' particularly since the  site 
  was  rented,  ``it  became  prudent  to  use  our  own  site.''  
  Regarding  WSTX(AM),  Family   stated  that  the  station   was 
  restricted from operating  at its authorized power because  its 
  antenna  tower,  which   had  been  damaged  during   Hurricane 
  Marilyn,  was now  only 110  feet in  height.  Family  did  not 
  indicate whether it was taking any steps to enable WSTX(AM)  to 
  operate at its  authorized power.  Finally, Family stated  that 
  a fence had been erected around the AM antenna tower.  

7.        An FCC agent from the San Juan Office conducted another 
  on-site inspection  of WSTX(AM)  and WSTX-FM  on September  28, 
  1998.  Barbara James-Petersen, General Manager and daughter  of 
  Family's  principal  owner/president,  accompanied  the   agent 
  during this  inspection.  The  agent found  that the  stations' 
  EAS  equipment was  installed but  was not  operational at  the 
  time  of  the inspection.   Additionally,  both  stations  were 
  operating  at  the  same reduced  power  levels  and  with  the 
  unauthorized  antennas   observed  during   the  previous   two 
  inspections,  and the  FM transmitter  was operating  from  the 
  Fort  Louise Augusta  site,  rather than  its  authorized  Blue 
  Mountain site.  There was a chain link fence around  WSTX(AM)'s 
  antenna tower,  but the  fence had an  opening which  permitted 
  access to the radiator.  Mr. James appeared briefly during  the 
  inspection   to  show   the  agent   various  documents   which 
  purportedly demonstrated  that he was  taking steps to  resolve 
  the  stations'  low  power  problems.   However,  none  of  the 
  documents presented by  Mr. James indicated that the  equipment 
  needed to comply  with the terms of the station  authorizations 
  had been purchased or placed on order.

8.        On April 13, 2000,  an agent from  the San Juan  Office 
  conducted another on-site  inspection of WSTX(AM) and  WSTX-FM.  
  Ms.   James-Petersen   accompanied   the   agent   during   the 
  inspection.   The agent  found no  public inspection  files  or 
  station  logs  available  for  review  at  the  stations'  main 
  studio.  Additionally,  the agent observed  that the  stations' 
  EAS equipment was inoperable  and that the stations had no  EAS 
  Handbook.  The agent  further observed that both stations  were 
  still  operating   at  variance   from  the   terms  of   their 
  authorizations.  WSTX-FM's  transmitter was operating from  the 
  Fort  Louise Augusta  site,  rather than  its  authorized  Blue 
  Mountain  site.  WSTX-FM  was operating  with 100  watts  power 
  using a one-bay antenna with a height of approximately 20  feet 
  above ground level,  and WSTX(AM) was operating with 325  watts 
  power  using a  long-wire  antenna.  Access  to  the  long-wire 
  antenna  feed was  possible through  the  same opening  in  the 
  chain  link  fence observed  during  the  September  28,  1998, 
  inspection.   Ms. James-Petersen  indicated that  WSTX(AM)  had 
  been using the long-wire antenna as an emergency antenna  since 
  December  1,  1999,  because  Hurricane  Lenny  destroyed   the 
  station's  previously existing  antenna tower  on November  17, 
  1999.  Ms.  James-Petersen was  unable to provide  any STAs  to 
  authorize operation of the stations at variance from the  terms 
  of their authorizations.

9.        A search  of Commission  records revealed  that, as  of 
  April 17,  2000, no STAs  had been issued  to Family to  permit 
  operation of the stations  at variance from the terms of  their 
  authorizations.  On May 1, 2000, the San Juan Office issued  to 
  Family two  separate NOVs  for the  violations observed  during 
  the  April  13,  2000,  inspection,  one  for  the   violations 
  pertaining to  WSTX(AM) and one  for the violations  pertaining 
  to  WSTX-FM.  The  NOVs directed  Family to  provide a  written 
  response to the San  Juan Office containing a statement of  the 
  specific  actions  taken  to  correct  the  violations  and  to 
  preclude their  recurrence.  The NOVs  also directed Family  to 
  provide specific dates for completion of corrective action  for 
  any violations not corrected at the time of Family's  response.  
  The  NOVs   warned  Family  that   failure  to  respond   would 
  constitute a violation  of the Commission's rules.  Family  did 
  not respond to the May 1, 2000, NOVs.8

10.       On May 15, 2000, Family filed STA requests for WSTX(AM) 
  and  WSTX-FM  with  the  Mass  Media  Bureau's  Audio  Services 
  Division (``ASD'').   In the STA  request for WSTX(AM),  Family 
  requested  authority  to operate  WSTX(AM)  with  an  emergency 
  antenna.  Family stated  that Hurricane Lenny caused  extensive 
  damage to  WSTX(AM)'s antenna tower on  November 18, 1999,  and 
  that it  had been operating WSTX(AM)  with a long-wire  antenna 
  since that  time.  By letter dated  June 12, 2000, ASD  granted 
  Family  STA to  operate WSTX(AM)  with an  emergency  long-wire 
  antenna with  reduced power9  until December  12, 2000.10   ASD 
  found that  the STA request,  although untimely, otherwise  met 
  the requirements of  Section 73.1680 of the Commission's  Rules 
  (``Rules'') regarding  use of  emergency antennas.11   However, 
  ASD stated that the STA granted for WSTX(AM) did not cover  the 
  period between  November 18, 1999,  and June 12,  2000, and  is 
  ``without prejudice  as to whatever  action the Commission  may 
  take with respect to any unauthorized or improper operation  of 
  Station WSTX(AM).''

11.       In  the  STA  request  for  WSTX-FM,  Family  requested 
  authority  to  relocate   WSTX-FM  from  its  authorized   Blue 
  Mountain  site and  to operate  it with  an emergency  antenna.  
  Family stated that  Hurricane Lenny caused extensive damage  to 
  WSTX-FM  on November  18,  1999.  Family  further  stated  that 
  because   of  the   damage  to   WSTX-FM's  tower,   studio-to-
  transmitter link  and transmitter,  which were  located on  the 
  top of Blue Mountain, it immediately decided to relocate  WSTX-
  FM's transmitter and antenna  to a site at Fort Louise  Augusta 
  adjacent to  where WSTX(AM) is  located.  Family also  provided 
  the ``new''  geographic coordinates  for WSTX-FM's  transmitter 
  site, which  were identical  to the  coordinates for  WSTX-AM's 
  authorized site.   By letter dated June  12, 2000, ASD  granted 
  Family STA to operate WSTX-FM's transmitter at the Fort  Louise 
  Augusta site and  to operate WSTX-FM with an emergency  antenna 
  at 100  watts of  power until  December 12,  2000.12  Based  on 
  Family's  claim that  it relocated  WSTX-FM's transmitter  from 
  its authorized site as  a result of damage caused by  Hurricane 
  Lenny,  ASD  found that  Family's  STA  request  satisfied  its 
  criteria for a  temporary change in transmitter site.  In  this 
  regard, ASD noted that  STA requests which involve a change  in 
  transmitter  site must  include  four critical  elements:   (1) 
  Loss  of  the  licensed site  must  be  beyond  the  licensee's 
  control; (2)  STA facilities must  continue to provide  service 
  to the  licensed community; (3)  STA facilities must  maintain, 
  as close  as practicably  possible, the  licensed service  area 
  without extending  it; and  (4) STA  facilities cannot  involve 
  the construction  of towers intended for  permanent use of  the 
  station requesting  the STA.  ASD  also determined that,  apart 
  from being  untimely, the STA request  met the requirements  of 
  Section  73.1680 regarding  use  of emergency  antennas.13   As 
  with the  STA granted  for WSTX(AM),  ASD stated  that the  STA 
  granted for WSTX-FM  did not cover the period between  November 
  18, 1999, and June  12, 2000, and is ``without prejudice as  to 
  whatever action  the Commission  may take with  respect to  any 
  unauthorized or improper operation of Station WSTX-FM.''

12.       The Enforcement Bureau sent a LOI to Family on July 19, 
  2000,  in  order  to obtain  answers  to  questions  raised  by 
  Family's claim  in the May  15, 2000, STA  request for  WSTX-FM 
  that  it relocated  WSTX-FM's transmitter  from its  authorized 
  site  at Blue Mountain  to the  Fort Louise Augusta  site as  a 
  result  of damage  caused by  Hurricane Lenny  on November  18, 
  1999.  The  LOI noted  that information  before the  Commission 
  indicates  that Family  has operated  WSTX-FM's transmitter  at 
  the Fort  Louise Augusta site since  at least 1997 and  advised 
  Family that the Commission views misrepresentation of facts  by 
  a licensee  as a serious  matter.  The LOI  directed Family  to 
  respond to  questions concerning:   (a) the  earliest and  most 
  recent date on  which Family operated WSTX-FM's transmitter  at 
  its authorized  site at Blue  Mountain; (b) the  date on  which 
  Family  relocated  WSTX-FM's transmitter  from  its  authorized 
  Blue Mountain  site to the  Fort Louise Augusta  site; (c)  the 
  reason  why Family  relocated  WSTX-FM's transmitter  from  its 
  authorized Blue Mountain site to the Fort Louise Augusta  site; 
  (d) whether Family  currently holds a lease for its  authorized 
  Blue Mountain site  and, if not, the circumstances  surrounding 
  the termination  of the  lease; and  (e) any  steps Family  has 
  taken to  return WSTX-FM's transmitter  to its authorized  Blue 
  Mountain site.  Family did not respond to this LOI.14  

                           III.  DISCUSSION

13.       The  circumstances   described  above   raise   serious 
  questions as to whether Family is qualified to be and remain  a 
  Commission  licensee.    It  appears  that   Family  may   have 
  misrepresented  facts   to  and/or  lacked   candor  with   the 
  Commission regarding  its relocation  of WSTX-FM's  transmitter 
  from its  authorized site.   Furthermore, it  appears that,  by 
  repeatedly   failing   to  respond   to   official   Commission 
  correspondence and  inquiries, Family has  exhibited a  pattern 
  of evasiveness  which calls  into question  its willingness  to 
  deal truthfully with the Commission.  Finally, it appears  that 
  Family has operated both WSTX(AM) and WSTX-FM substantially  at 
  variance   from  the   terms   of  their   authorizations   for 
  approximately  four  years and  has  committed  numerous  other 
  violations  of  the Commission's  rules,  including  violations 
  which  raise  public  safety  concerns.   The  seriousness  and 
  duration of these violations, coupled with Family's failure  to 
  take   corrective  action   despite  repeated   warnings   from 
  Commission  staff,  suggests   a  gross  indifference  to   and 
  disregard for  the Commission's rules  and raises questions  as 
  to whether Family can  be relied upon in the future to  fulfill 
  the  duties and  responsibilities incumbent  upon a  Commission 
  licensee.  

14.       Misrepresentation/lack  of   candor.   The   trait   of 
  truthfulness is one of two key elements of character  necessary 
  to operate  a broadcast  station in the  public interest.   See 
  Policy   Regarding  Character   Qualifications   in   Broadcast 
  Licensing,  102  FCC 2d  1179,  1209-1210  (1986)  (``Character 
  Policy Statement'') (subsequent history omitted).  The acts  of 
  willful misrepresentation  and lack of  candor raise  immediate 
  concerns as  to whether a licensee  will be truthful in  future 
  dealings  with the  Commission.   Id.  Misrepresentation  is  a 
  false statement  of fact  made with  an intent  to deceive  the 
  Commission, while lack  of candor is a concealment, evasion  or 
  other  failure  to be  fully  informative,  accompanied  by  an 
  intent  to deceive  the  Commission.  Fox  River  Broadcasting, 
  Inc., 93 FCC 2d  127, 129 (1983).  In Contemporary Media,  Inc. 
  et al.  v. FCC, 214 F.3d 187,  193 (D.C. Cir. 2000), the  Court 
  recognized that ``[t]he  FCC relies heavily on the honesty  and 
  probity  of  its  licensees in  a  regulatory  system  that  is 
  largely self-policing.''  The Court also stated that ``[i]t  is 
  well  recognized   that  the  Commission   may  disqualify   an 
  applicant who  deliberately makes  misrepresentations or  lacks 
  candor in dealing with the agency.''15

15.       The evidence before us  raises serious questions as  to 
  whether  Family misrepresented  facts to  and/or lacked  candor 
  with  the  Commission regarding  the  relocation  of  WSTX-FM's 
  transmitter from  its authorized  Blue Mountain  site.  In  its 
  May 15,  2000, STA request, Family  stated that because of  the 
  extensive  damage caused  by Hurricane  Lenny on  November  18, 
  1999,  to  WSTX-FM's  tower,  studio-to-transmitter  link   and 
  transmitter, which  were located on the  top of Blue  Mountain, 
  it immediately  decided to relocate  WSTX-FM's transmitter  and 
  antenna to  a site  at Fort  Louise Augusta  adjacent to  where 
  WSTX(AM) is located.   However, this statement is  inconsistent 
  with other information  before the Commission.  During the  FCC 
  agent's  February  13,  1995,  visit  to  WSTX-FM's  authorized 
  transmitter site  at Blue Mountain, the  site manager told  him 
  that Family  had been evicted from  the site for nonpayment  of 
  rent.   In  an  amendment to  its  December  4,  1995,  license 
  renewal application, Family indicated that it intended to  seek 
  Commission authorization  to relocate WSTX-FM's transmitter  to 
  a  new site  in part  because of  equipment problems  resulting 
  from its  close proximity and exposure to  the sea and in  part 
  because of difficulties  with renegotiations for the lease  for 
  the Blue  Mountain site.  In  its May 28,  1998, response to  a 
  LOI  from  Commission  staff,  Family  stated  that   WSTX-FM's 
  transmitter  and  tower had  been  destroyed  during  Hurricane 
  Marilyn  in  September  1995  and  that  because  the  cost  of 
  constructing  at   the  authorized  Blue   Mountain  site   was 
  ``prohibitive,'' particularly since  the site was rented,  ``it 
  became prudent to use our own site.''  Finally, during his  on-
  site inspections  of WSTX(AM) and WSTX-FM  on August 19,  1997, 
  December 4,  1997, September 28, 1998,  and April 13, 2000,  an 
  FCC agent observed that WSTX-FM's transmitter was operating  at 
  the  Fort Louise  Augusta site  rather than  at its  authorized 
  Blue Mountain  site.  Thus, based on  the record before us,  it 
  appears  that Family  did  not relocate  WSTX-FM's  transmitter 
  from the  Blue Mountain site  as a result  of damage caused  by 
  Hurricane Lenny on November  18, 1999, as Family stated in  its 
  May 15, 2000, STA request.  Rather, it appears that Family  has 
  operated  WSTX-FM's transmitter  from the  Fort Louise  Augusta 
  site  without Commission  authorization since  it returned  the 
  station  to the air  after more  than two years  of silence  on 
  January 18,  1997.  The inconsistencies  between the  available 
  evidence and  Family's statements regarding  the relocation  of 
  WSTX-FM's  transmitter   require  further   exploration  in   a 
  hearing.  Accordingly, we will specify appropriate issues.

16.       Failure to  respond  to Commission  correspondence  and 
  inquiries.   Section   1.89(b)  of  the   Rules  requires   the 
  recipient of  an NOV to respond in  writing to that NOV  within 
  ten days of receipt  or any other time period specified in  the 
  NOV.16   Section  73.1015  of  the  Rules  provides  that   the 
  Commission  ``may,  in writing,  require  from  any  applicant, 
  permittee, or licensee  written statements of fact relevant  to 
  a determination  whether an  application should  be granted  or 
  denied,  or to  a determination  whether  a license  should  be 
  revoked, or to any other matter within the jurisdiction of  the 
  Commission.''17 The  NOVs issued on December  8, 1997, and  May 
  1, 2000,  directed Family  to submit  responses and  explicitly 
  warned  Family  that  failure  to  do  so  would  constitute  a 
  violation  of   the  Commission's   rules.  Family   apparently 
  violated Section 1.89 by failing to respond to these NOVs.   In 
  addition, the  LOI sent to  Family on July  19, 2000,  directed 
  Family to  respond to five specific  questions relating to  the 
  relocation of  WSTX-FM's transmitter from  its authorized  Blue 
  Mountain site.  Family  apparently violated Section 73.1015  by 
  failing to respond to this LOI.  Moreover, as noted above,  the 
  trait of truthfulness  is a key element of character  necessary 
  to  operate  a  broadcast  station  in  the  public   interest.  
  Family's  apparently repeated  failure to  respond to  official 
  Commission correspondence and inquiries raises questions as  to 
  whether  it will  be  likely to  be  forthright in  its  future 
  dealings with the  Commission. See Character Policy  Statement, 
  102  FCC  2d  at  1209-1210.   We  will  specify  an  issue  to 
  determine  whether  Family  willfully  or  repeatedly  violated 
  Sections 1.89 and 73.1015 of the Rules.

17.       Technical and  other rule  violations.  Reliability  is 
  the  other key  element of  character  necessary to  operate  a 
  broadcast  station  in  the  public  interest.   See  Character 
  Policy Statement,  102 FCC  2d at 1209-1210.   In this  regard, 
  the Commission  is concerned  with whether a  licensee will  in 
  the   future   operate  its   station   consistent   with   the 
  requirements of the  Communications Act of 1934, as  amended,18 
  and  the Commission's  rules.   Id.   As set  forth  in  detail 
  below, it  appears that Family has  operated both WSTX(AM)  and 
  WSTX-FM  substantially at  variance  from the  terms  of  their 
  authorizations for approximately  four years and has  committed 
  numerous  other  violations of  the  Commission's  rules.   The 
  seriousness  and duration  of these  violations, together  with 
  Family's  failure to  take corrective  action despite  repeated 
  warnings from Commission staff, raises questions as to  whether 
  Family  can  be  relied upon  in  the  future  to  operate  its 
  stations  in accordance  with the  Communications Act  and  the 
  Commission's rules.

18.       Section 73.1350(a) of the Rules provides that  ``[e]ach 
  licensee  is  responsible for  maintaining  and  operating  its 
  broadcast  station    in accordance  with  the  terms  of  the 
  station  authorization.''19  Section  73.1560(a) provides  that 
  the antenna input power  of an AM station ``must be  maintained 
  as near  as practicable to the  authorized antenna input  power 
  and  may  not be  less  than 90%  nor  more than  105%  of  the 
  authorized power,''  and Section 73.1560(b)  provides that  the 
  transmitter output power of an FM station ``must be  maintained 
  as near  as practicable  to the  authorized transmitter  output 
  power and may  not be less than 90%  nor more than 105% of  the 
  authorized power.''20  Section 73.1690(b)(2) provides that  any 
  change  in station  geographic  coordinates may  only  be  made 
  after the  grant of  a construction permit  application on  FCC 
  Form 301.21   Based on  the information before  us, it  appears 
  that Family  operated both WSTX(AM)  and WSTX-FM  substantially 
  at  variance  from   the  terms  of  their  authorizations   in 
  violation  of   Sections  73.1350,  73.1560(a)   and  (b)   and 
  73.1690(b)(2)  of the  Rules since  at least  August 19,  1997.  
  During the  inspections on August 19,  1997, December 4,  1997, 
  and September  28, 1998,  WSTX(AM) was operating  at a  reduced 
  power  of  2800  watts,  which  is  approximately  56%  of  its 
  authorized  power of  5  kilowatts, using  a  110-foot  antenna 
  tower; WSTX-FM was operating  at a reduced power of 100  watts, 
  which  is approximately  0.2% of  its  authorized power  of  50 
  kilowatts,  using   a  one-bay   antenna  with   a  height   of 
  approximately 50 feet above  ground level.  At the time of  the 
  April  13,  2000,  inspection,  WSTX(AM)  was  operating  at  a 
  reduced power of 325 watts, which is approximately 6.5% of  its 
  authorized power, using a long-wire antenna; WSTX-FM was  again 
  operating at  a reduced power of 100  watts, this time using  a 
  one-bay antenna  with a height of  approximately 20 feet  above 
  ground level.   Family did not have  STAs for the  unauthorized 
  antennas22  or the  reduced power  operation23 until  June  12, 
  2000.  In addition, Family operated WSTX-FM's transmitter  from 
  the Fort  Louise Augusta site rather  than its authorized  Blue 
  Mountain site  without Commission authorization  from at  least 
  August  19, 1997,  until ASD  granted Family's  STA request  on 
  June  12,  2000.   Accordingly,  we  will  specify  issues   to 
  determine  whether  Family  willfully  or  repeatedly  operated 
  WSTX(AM)  and WSTX-FM  at  variance  from the  terms  of  their 
  authorizations   in    violation   of   Sections    73.1350(a), 
  73.1560(a), 73.1560(b) and 73.1690(b)(2) of the Rules.

19.       Section 73.49  of the  Rules provides  that AM  antenna 
  towers having  radio frequency  potential at the  base must  be 
  enclosed within effective locked fences or other  enclosures.24  
  During the  inspections on August 19,  1997, December 4,  1997, 
  September 28, 1998, and April 13, 2000, WSTX(AM)'s antenna  was 
  not  enclosed  within   an  effective  locked  fence.    Family 
  apparently violated Section 73.49 by failing to enclose its  AM 
  antenna  within  an  effective  locked  fence.   This  apparent 
  violation  is  particularly troubling  given  that  Family  has 
  repeatedly  been  warned  that  its  failure  to  maintain   an 
  effective  locked fence  around its  AM antenna  constitutes  a 
  serious public  safety hazard.25  We will  specify an issue  to 
  determine  whether  Family  willfully  or  repeatedly  violated 
  Section 73.49.

20.       Section 11.35  of  the Rules  provides  that  broadcast 
  stations are  responsible for  ensuring that  EAS equipment  is 
  installed and operational.26   During the August 19, 1997,  and 
  December 4,  1997, inspections of  WSTX(AM) and WSTX-FM,  there 
  was no EAS  equipment installed at the stations' combined  main 
  studio.27  At the time of the September 8, 1998, and April  13, 
  2000, inspections,  the EAS  equipment shared  by WSTX(AM)  and 
  WSTX-FM  was  installed   but  was  not  operational.    Family 
  apparently violated  Section 11.35  by failing  to install  and 
  maintain operational  EAS equipment.  We will  add an issue  to 
  determine  whether  Family  willfully  or  repeatedly  violated 
  Section 11.35.

21.       Section 73.3526 of  the Rules  requires that  broadcast 
  licensees maintain a public inspection file at the main  studio 
  of the  station and make the  file available for inspection  at 
  any   time  during   regular  business   hours.28   No   public 
  inspection files  for WSTX(AM) and  WSTX-FM were available  for 
  review  during   the  April  13,   2000,  inspection.    Family 
  apparently  violated Section  73.3526  by failing  to  maintain 
  public inspection files  for WSTX(AM) and WSTX-FM and make  the 
  files available for review.  We will add an issue to  determine 
  whether  Family   willfully  or  repeatedly  violated   Section 
  73.3526. 







                        IV.  ORDERING CLAUSES


22.       Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
  1.91(a) of the Rules, 47 C.F.R.  1.91(a), and Sections  312(a) 
  and 312(c) of the  Act, 47 U.S.C.  312(a) and 312(c),  Family 
  Broadcasting, Inc. IS  DIRECTED TO SHOW CAUSE why the  licenses 
  for WSTX(AM) and  WSTX-FM, Christiansted, U.S. Virgin  Islands, 
  should   not  be   REVOKED,  at   a  hearing   before  an   FCC 
  Administrative Law Judge, at  a time and place to be  specified 
  in a subsequent Order, upon the following issues:

            (a)  To  determine whether Family Broadcasting,  Inc. 
       misrepresented  facts to  and/or  lacked candor  with  the 
       Commission in its  statements regarding the relocation  of 
       WSTX-FM's  transmitter   from  its   authorized  site   in 
       violation of Section 73.1015 of the Rules;

            (b)  To  determine whether Family Broadcasting,  Inc. 
       willfully  or  repeatedly violated  Sections  1.89  and/or 
       73.1015 of  the Rules  by failing to  respond to  official 
       Commission correspondence and inquiries;

            (c)  To  determine whether Family Broadcasting,  Inc. 
       willfully  or  repeatedly  violated  Sections  73.1350(a), 
       73.1560(a), 73.1560(b)  and/or 73.1690(b)(2) of the  Rules 
       by operating  WSTX(AM) and  WSTX-FM at  variance from  the 
       terms of their authorizations;

            (d)  To  determine whether Family Broadcasting,  Inc. 
       willfully  or repeatedly  violated  Section 73.49  of  the 
       Rules by failing  to enclose WSTX(AM)'s antenna within  an 
       effective locked fence;

            (e)  To  determine whether Family Broadcasting,  Inc. 
       willfully  or repeatedly  violated  Section 11.35  of  the 
       Rules by failing  to install and maintain operational  EAS 
       equipment for WSTX(AM) and WSTX-FM;

            (f)  To  determine whether Family Broadcasting,  Inc. 
       willfully or  repeatedly violated Section  73.3526 of  the 
       Rules by failing  to maintain public inspection files  for 
       WSTX(AM) and WSTX-FM;

            (g)  To determine,  in light of the evidence  adduced 
       pursuant   to  the   foregoing  issues,   whether   Family 
       Broadcasting, Inc. is basically qualified to be or  remain 
       a Commission licensee; and

            (h)  To determine,  in light of the evidence  adduced 
       pursuant  to the  foregoing issues,  whether the  licenses 
       for WSTX(AM) and/or WSTX-FM should be revoked.

23.       IT IS FURTHER ORDERED that, pursuant to Section  312(d) 
  of  the Act, 47  U.S.C.   312(d), and Section  1.91(d) of  the 
  Rules, 47 C.F.R.   1.91(d), the burden of proceeding with  the 
  introduction of  evidence and the burden  of proof shall be  on 
  the Enforcement Bureau as to all of the foregoing issues.

24.       IT  IS  FURTHER  ORDERED  that,  irrespective  of   the 
  resolution of  the foregoing  issues, it  shall be  determined, 
  pursuant  to Section  503(b)(3)(A)  of  the Act,  47  U.S.C.   
  503(b)(3)(A), and Section 1.80 of the Rules, 47 C.F.R.   1.80, 
  whether an Order of  Forfeiture in an amount not to exceed  two 
  hundred  seventy  five thousand  dollars  ($275,000)  shall  be 
  issued against Family  Broadcasting, Inc. for willfully  and/or 
  repeatedly  violating  Sections 1.89,  11.35,  73.49,  73.1015, 
  73.1350(a),   73.1560(a),  73.1560(b),   73.1690(b)(2)   and/or 
  73.3526 of the Rules.

25.       IT IS  FURTHER ORDERED  that,  in connection  with  the 
  possible  forfeiture  liability  noted  above,  this   document 
  constitutes notice of  an opportunity for hearing, pursuant  to 
  Section 503(b)(3)(A) of the Act and Section 1.80 of the Rules.

26.       IT IS  FURTHER ORDERED  that, to  avail itself  of  the 
  opportunity to be heard and the right to present evidence at  a 
  hearing in these  proceedings, pursuant to Sections 1.91(c)  of 
  the Rules, 47 C.F.R.  1.91(c), Family Broadcasting, Inc.,  in 
  person or  by its attorney,  shall file within  30 days of  the 
  release of  this Order,  a written appearance  stating that  it 
  will  appear at  the hearing  and present  evidence on  matters 
  specified  in this  Order.  If  the licensee  fails to  file  a 
  timely written  notice of  appearance, the right  to a  hearing 
  shall  be deemed  to be  waived.  See  Section 1.92(a)  of  the 
  Rules, 47  C.F.R.  1.92(a).   Where a hearing  is waived,  the 
  licensee may submit  a written, signed statement of  mitigation 
  or justification within 30  days of the release of this  Order.  
  See Section 1.92(b) of the Rules, 47 C.F.R.  1.92(b).  In  the 
  event   the  right   to  a   hearing  is   waived,  the   Chief 
  Administrative Law Judge (or presiding officer if one has  been 
  designated) shall, at  the earliest practicable date, issue  an 
  order  terminating the  hearing proceeding  and certifying  the 
  case to the Commission.   See Section 1.92(c) of the Rules,  47 
  C.F.R.  1.92(c).  

27.       IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be  sent  via  Certified  Mail  Return  Receipt  Requested  and 
  regular first class  mail to Family Broadcasting, Inc. at  P.O. 
  Box 3279, St. Croix, U.S. Virgin Islands 00822.

28.       IT  IS  FURTHER  ORDERED  that  the  Secretary  of  the 
  Commission shall cause to have this Order or a summary  thereof 
  published in the Federal Register.


                              FEDERAL COMMUNICATIONS COMMISSION
                         



                              Magalie Roman Salas
                              Secretary


_________________________

  1  A special temporary authorization  is the authority  granted 
to a permittee or licensee to permit the operation of a broadcast 
facility for a limited  period at a  specified variance from  the 
terms of the station authorization.  See 47 C.F.R.  73.1635.

  2  Letter to Family  Broadcasting, Inc.  from Dennis  Williams, 
Assistant Chief,  Audio  Services  Division,  Mass  Media  Bureau 
(August 16, 1995).

  3  Family filed the amendment on March 22, 1996, in response to 
a request from Mass Media  Bureau staff for answers to  questions 
omitted from the license renewal application.

  4  Family Broadcasting, Inc., 11 FCC Rcd 6647 (Mass Med.  Bur., 
1996).

  5  Family  Broadcasting,  Inc.,  FCC  96M-263  (ALJ,   released 
December 6, 1996).

  6  Family Broadcasting, Inc., 12 FCC Rcd 18700 (ALJ, 1997). 

  7  The  NOVs  were  sent  by  Certified  Mail  Return   Receipt 
Requested.  The  United States  Postal Service's  Return  Receipt 
Card shows that G. Luz A. James received and signed for the  NOVs 
on December 12, 1997.

  8  The  NOVs  were  sent  by  Certified  Mail  Return   Receipt 
Requested.  The  United States  Postal Service's  Return  Receipt 
Card shows that  Barbara James-Petersen received  and signed  for 
the NOVs on May 8, 2000.  The  NOVs were also faxed to Family  on 
May 1, 2000.    

  9  ASD noted that Section 73.1680(b)(1) of the Rules, 47 C.F.R. 
 73.1680(b)(1),  provides that  AM stations  using an  emergency 
nondirectional  antenna   in  lieu   of  authorized   directional 
facilities shall operate with power reduced to 25 percent or less 
of the nominal licensed power,  or a higher power, not  exceeding 
licensed power, while insuring  that the radiated field  strength 
does not exceed that authorized in any given azimuth.

  10      Letter to G. Luz  A. James, Esq. from  Edward P. De  La 
Hunt, Assistant Chief, Audio Services Division, Mass Media Bureau 
(June 12, 2000).

  11      Section 73.1680  of the  Rules provides  for  operation 
with emergency antenna facilities following damage to  authorized 
antenna systems, provided that an informal request for  continued 
use of an emergency antenna  is filed with the Commission  within 
24 hours.  47 C.F.R.  73.1680.

  12      Letter to G. Luz  A. James, Esq. from  Edward P. De  La 
Hunt, Assistant Chief, Audio Services Division, Mass Media Bureau 
(June 12, 2000).  

  13      See n. 11.

  14      The LOI  was  sent  by Certified  Mail  Return  Receipt 
Requested on July 19, 2000.   The United States Postal  Service's 
Return Receipt  Card shows  that  G. Luz  A. James  received  and 
signed for the LOI on July 25,  2000.  The LOI was also faxed  to 
Barbara James-Petersen on July 19, 2000.    

  15      Id. at 196, citing Schoenbohm v. FCC, 204 F.3d 243, 247 
(D.C. Cir. 2000).

  16      47 C.F.R.  1.89(b).

  17      47 C.F.R.  73.1015.

  18      47 U.S.C.  151 et seq.

  19      47 C.F.R.  73.1350(a).

  20      47 C.F.R.  73.1560(a) and (b).

  21      47 C.F.R.  73.1690(b)(2).

  22      See n. 11.

  23      Section  73.1560(d)  of  the  Rules  provides  that   a 
licensee must request  STA to  operate with reduced  power for  a 
period of more than 30 days.  47 C.F.R.  73.1560(d).

  24      47 C.F.R.  73.49.

  25      We note  that  the  Fort  Louise  Augusta  site,  where 
WSTX(AM)'s antenna is located, is  directly adjacent to a  public 
beach.

  26      47 C.F.R.  11.35.

  27      Broadcast stations  which are  co-owned and  co-located 
with a combined studio may share EAS equipment.  See 47 C.F.R.  
11.51(j) and 11.52(c).

  28      47 C.F.R.  73.3526.