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

In the Matter of                )
                                )
American Family Association     )    File No. EB-02-KC-236
                                )    NAL/Acct. No. 200232560005
Licensee of Station KBKC-FM     )    FRN 0005-0259-11
Moberly, Missouri               )    
                                   

                        FORFEITURE ORDER 

Adopted:  September 20, 2002            Released:  September  24, 
2002

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

1.        In  this  Forfeiture  Order  (``Order''),  we  issue  a 
  monetary  forfeiture in  the amount  of five  thousand  dollars 
  ($5,000) to American Family Association (``AFA''), licensee  of 
  Station KBKC, a noncommercial, educational FM station  licensed 
  to Moberly, Missouri, for willful violation of Section  73.1125 
  of the  Commission's Rules (``Rules'').1   The noted  violation 
  involves  AFA's  operation  of  Station  KBKC  without  a  main 
  studio.

2.        On  May  28,  2002,   the  Commission's  Kansas   City, 
  Missouri,  Field  Office  (``Kansas  City  Office'')  issued  a 
  Notice of  Apparent Liability for  Forfeiture (``NAL'') to  AFA 
  for  a forfeiture  in  the  amount of  seven  thousand  dollars 
  ($7,000).2  AFA filed a response to the NAL on June 18, 2002.

                         II.  BACKGROUND

3.        On April 8,  2002, an  FCC agent from  the Kansas  City 
  Office attempted  an inspection  of Station  KBKC-FM, which  is 
  licensed  to  Moberly,  Missouri.   Investigation  revealed  no 
  listing for  the station  in the  local telephone  directories.  
  The agent  went to the station's  transmitter site and found  a 
  sign  on the  tower with  the phone  number 662-844-8888.   The 
  agent called  this number and spoke  with two AFA employees  in 
  Tupelo,  Mississippi.  These  AFA employees  stated that  there 
  was  no main  studio for  KBKC and  that the  station's  public 
  inspection  file  was located  at  the  Little  Dixie  Regional 
  Library in Moberly.  The agent inspected the public  inspection 
  file and did  not find a grant of  a waiver of the main  studio 
  rule  for the  station in  the file.   A subsequent  search  of 
  Commission records  revealed that  AFA had not  been granted  a 
  waiver of the main studio rule for KBKC.  

4.        On May 28, 2002, the  Kansas City Office issued an  NAL 
  for  a $7,000  forfeiture  to  AFA for  apparently  failing  to 
  maintain  a  main  studio for  KBKC  in  willful  violation  of 
  Section 73.1125 of the Rules.  In its response to the NAL,  AFA 
  acknowledges that  it did  not have  either a  main studio  for 
  KBKC or  a waiver of the  main studio rule at  the time of  the 
  inspection.   Nevertheless,  it requests  cancellation  of  the 
  forfeiture  or  reduction of  the  forfeiture  to  a  ``token'' 
  amount.  First,  AFA claims  that it made  diligent efforts  to 
  comply with the rules  by submitting a request to operate  KBKC 
  as a satellite before  the station was built.  AFA states  that 
  in  January 2000  it filed  a request  for waiver  of the  main 
  studio rule  to operate new station KBKC  as a satellite of  an 
  existing  station   which  it   owned,  KAKU-FM,   Springfield, 
  Missouri, but it later  sold KAKU and forgot to amend the  main 
  studio waiver  request.3  AFA further  states that on  November 
  9, 2001, it completed construction of KBKC, put the station  on 
  the air,  and applied for a  license to cover the  construction 
  permit, despite  the fact  that permission to  locate the  main 
  studio outside the  community of license had not been  granted, 
  because its construction permit for KBKC would have expired  on 
  November 16, 2001.  AFA asserts that because KBKC fit  squarely 
  within the  standards the Commission  had generally applied  in 
  granting main  studio waivers, it  had built the  station as  a 
  satellite operation  without a  studio and  it began  operating 
  the station on November  9, 2001, counting on the waiver  being 
  granted during licensing.  

5.        In addition, AFA asserts that on February 22, 2002,  it 
  notified   the  FCC   staff  person   processing  its   license 
  application for KBKC that it was operating KBKC as a  satellite 
  pending  receipt of  the waiver.   AFA maintains  that the  FCC 
  staff person required  it to withdraw its original main  studio 
  waiver request  since it no longer  owned KAKU and stated  that 
  it could not amend  the waiver request until after the  license 
  was granted.  AFA also  asserts that on April 9, 2002, the  day 
  after  the FCC  agent attempted  to inspect  KBKC and  observed 
  that the station did not have either a main studio or a  waiver 
  of the  main studio rule, it  filed a request  for a waiver  of 
  the main  studio rule to operate KBKC  as a satellite of  WAFR-
  FM,  Tupelo, Mississippi.   The Media  Bureau's Audio  Division 
  granted this waiver request on May 6, 2002.4  Thus, AFA  argues 
  that  no  forfeiture   should  be  imposed  here  because   the 
  Commission has  determined that  good cause  exists to  operate 
  KBKC as  a satellite  station.  Finally,  AFA notes  that in  a 
  conversation with the  inspecting agent on April 16, 2002,  and 
  again in a meeting  with the Audio Division on April 23,  2002, 
  it offered  to take KBKC off the  air until the waiver  request 
  was processed, but was told that was not necessary.

                      III.      DISCUSSION

6.        The forfeiture  amount in  this  case was  assessed  in 
  accordance with  Section 503(b)  of the  Communications Act  of 
  1934, as amended,  (``Act''),5 Section 1.80 of the Rules,6  and 
  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)   (``Policy  Statement'').    In  examining   AFA's 
  response,  Section  503(b)   of  the  Act  requires  that   the 
  Commission take into account 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.7

7.        Section 73.1125 of the Rules states that each broadcast 
  station shall  maintain a main studio  at one of the  following 
  locations:  (1) within the station's community of license;  (2) 
  at any location  within the principal community contour of  any 
  AM,  FM, or  TV broadcast  station  licensed to  the  station's 
  community  of  license;  or  (3)  within  25  miles  from   the 
  reference  coordinates  of  the  center  of  its  community  of 
  license.  AFA admits that it did not have either a main  studio 
  for KBKC  or a waiver of  the main studio rule  at the time  of 
  the inspection.   Accordingly, we conclude  that AFA  willfully 
  violated Section 73.1125 of the Rules.

8.        We  disagree  with  AFA's  assertion  that  the  $7,000 
  forfeiture for  this violation should  be cancelled or  reduced 
  to a token amount.   First, we are not persuaded that AFA  made 
  diligent  efforts to  comply with  the rules  prior to  putting 
  KBKC on the air  in November 2001.  We reject AFA's  suggestion 
  that  it was justified  in putting  KBKC on the  air without  a 
  waiver of the main  studio rule because it was counting on  the 
  waiver being granted.  In this regard, consistent with  general 
  principles regarding  all FCC  requirements, we  note that  the 
  main  studio rule  explicitly  warns licensees  and  permittees 
  that  the filing of  a request  for waiver of  the main  studio 
  rule  does not  imply approval  of  the request,  because  each 
  request is addressed  on a case-by-case basis.8  In any  event, 
  AFA's original  waiver request  proposed to operate  KBKC as  a 
  satellite of  KAKU, which it sold in  March 2001.  AFA did  not 
  amend its  waiver request when it  sold KAKU and therefore  did 
  not have  a valid waiver  request on file  with the  Commission 
  when  it  began   operating  KBKC  in  November  2001.    AFA's 
  assertion that it forgot  to amend its waiver request does  not 
  mitigate its  violation.  Further,  if AFA  was concerned  with 
  putting  KBKC  on  the  air  before  the  November  16,   2001, 
  construction deadline, it could have brought the matter to  the 
  Commission's   attention   or   requested   special   temporary 
  authority to operate without a main studio at that time.

9.        Moreover, the  FCC  staff person  who  processed  AFA's 
  license application  for KBKC  told AFA  that it  could file  a 
  waiver request after the license was granted.  The former  Mass 
  Media Bureau granted AFA's license application on February  27, 
  2002.  AFA  offers no  explanation why it  did not  immediately 
  file a  waiver request  at that time.   Additionally, the  fact 
  that AFA filed a waiver request, and the Commission found  good 
  cause  to  grant  this  request,  after  the  inspecting  agent 
  discovered  the   main  studio  violation   does  not   justify 
  cancellation  of the  forfeiture  amount.  Likewise,  the  fact 
  that  AFA offered to  take KBKC  off the air  until the  waiver 
  request was  processed does  not mitigate  the violation.   The 
  Commission has stated that remedial actions taken to correct  a 
  violation are not mitigating factors.9  

10.       Nevertheless, we conclude  that some  reduction of  the 
  forfeiture  amount  is appropriate  because  AFA  disclosed  to 
  Commission staff  in February 2002 that  it was operating  KBKC 
  as a  satellite station  without a  waiver of  the main  studio 
  rule.  Accordingly,  we reduce  the forfeiture  from $7,000  to 
  $5,000.

                      IV.  ORDERING CLAUSES

11.       Accordingly, IT IS  ORDERED that,  pursuant to  Section 
  503 of  the Act, and  Sections 0.111, 0.311  and 1.80(f)(4)  of 
  the  Rules,10  American Family  Association  IS  LIABLE  FOR  A 
  MONETARY  FORFEITURE in  the amount  of five  thousand  dollars 
  ($5,000)  for  willful violation  of  Section  73.1125  of  the 
  Rules.

12.       Payment of the forfeiture shall  be made in the  manner 
  provided for  in Section 1.80  of the Rules  within 30 days  of 
  the  release of  this Order.   If the  forfeiture is  not  paid 
  within the  period specified, the case  may be referred to  the 
  Department  of  Justice  for  collection  pursuant  to  Section 
  504(a) of  the Act.11  Payment may be  made by mailing a  check 
  or  similar instrument,  payable to  the order  of the  Federal 
  Communications  Commission,   to  the  Federal   Communications 
  Commission, P.O. Box 73482, Chicago, Illinois 60673-7482.   The 
  payment  should reference  NAL/Acct. No.  200232560005 and  FRN 
  0005-0259-11.  Requests for  full payment under an  installment 
  plan  should  be  sent  to:   Chief,  Revenue  and  Receivables 
  Operations  Group,  445 12th  Street,  S.W.,  Washington,  D.C. 
  20554.12

13.       IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent by  Certified Mail Return Receipt Requested to  Patrick 
  J.  Vaughn,  Esq., American  Family  Association,  P.O.  Drawer 
  2440, Tupelo, Mississippi 38803.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

  1 47 C.F.R.  73.1125.  

  2 Notice  of Apparent Liability  for Forfeiture, NAL/Acct.  No. 
200232560005 (Enf.  Bur., Kansas  City Office,  released May  28, 
2002).    

  3  AFA's  application  to  assign  the  license  for  KAKU   to 
Community Broadcasting,  Inc.  (File  No.  BALED-2001222AAQ)  was 
granted on February 7, 2001,  and the assignment was  consummated 
on March 30, 2001.

  4 Letter from Peter H. Doyle, Chief, Audio Division, Office  of 
Broadcast License  Policy, Media  Bureau, to  Donald E.  Wildmon, 
President, American Family Association (May 6, 2002).  The  Audio 
Division inadvertently granted  AFA a waiver  of the main  studio 
rule to operate KBKC  as a satellite of  KAKU, rather than  WAFR.  
By letter dated August 15, 2002,  the Audio Division, on its  own 
motion, issued a corrected  letter granting AFA  a waiver of  the 
main studio rule to operate KBKC as a satellite of WAFR.   Letter 
from Peter H. Doyle, Chief,  Audio Division, Office of  Broadcast 
License Policy, Media  Bureau, to Donald  E. Wildmon,  President, 
American Family Association (August 15, 2002).

  5 47 U.S.C.  503(b).

  6 47 C.F.R.  1.80.

  7 47 U.S.C.  503(b)(2)(D).

  8 47 C.F.R.  73.1125(d)(2).

  9 See Station KGVL, Inc., 42 FCC 2d 258, 259 (1973).

  10 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

  11 47 U.S.C.  504(a).

  12 See 47 C.F.R.  1.1914.