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

In the Matter of                )
                                )
Faith Bible College, Inc.       )    File No. EB-02-TP-221
                                )    NAL/Acct. No. 200232700010
Licensee of Station WTGF-FM     )    FRN 0006-7335-47
Milton, Florida                 )    
                                   

                  MEMORANDUM OPINION AND ORDER 

Adopted: October 15, 2002               Released:   October   17, 
2002

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

1.        In this Memorandum  Opinion and  Order (``Order''),  we 
  cancel the proposed monetary forfeiture in the amount of  eight 
  thousand dollars ($8,000)  issued to Faith Bible College,  Inc. 
  (``Faith  Bible''),   licensee  of  Station  WTGF-FM,   Milton, 
  Florida, for  failure to maintain  operational Emergency  Alert 
  System (``EAS'') equipment at Station WTGF in apparent  willful 
  violation  of  Section  11.35(a)  of  the  Commission's   Rules 
  (``Rules'').1  However, we conclude that Faith Bible  willfully 
  violated Section  11.35(a) and  admonish Faith  Bible for  this 
  violation.

2.        On June 4, 2002, the Commission's Tampa, Florida  Field 
  Office  (``Tampa   Office'')  issued  a   Notice  of   Apparent 
  Liability  for  Forfeiture  (``NAL'')  to  Faith  Bible  for  a 
  forfeiture in the  amount of eight thousand dollars  ($8,000).2  
  Faith Bible filed a response to the NAL on June 18, 2002.

                         II.  BACKGROUND

3.        On March 13, 2002, an  FCC agent from the Tampa  Office 
  inspected  Station  WTGF.  The  inspection  revealed  that  the 
  station  had EAS  equipment installed,  but the  equipment  was 
  turned off.  The  station's Chief of Operations told the  agent 
  that the  EAS decoder had  not been operational  for one  week.  
  The agent  observed that there  were no logs  available at  the 
  time of inspection that indicated any equipment failures,  that 
  the  equipment had  been  removed  from service,  or  that  the 
  station had ever conducted the required weekly and monthly  EAS 
  tests.

4.        On June 4, 2002, the Tampa  Office issued an NAL for  a 
  $8,000  forfeiture to  Faith Bible  for apparently  failing  to 
  maintain  operational   EAS  equipment  at   WTGF  in   willful 
  violation of  Section 11.35(a) of the  Rules.  In its  response 
  to the NAL, Faith  Bible admits that the EAS equipment was  not 
  operational  at  the  time  of  the  inspection  and  that  the 
  station's Chief of Operations  had failed to keep the EAS  logs 
  up to  date.  However, Faith Bible  requests cancellation or  a 
  substantial  reduction   of  the  forfeiture,  asserting   that 
  payment  of the  proposed forfeiture  will impose  a  financial 
  hardship on  the station.  In support  of its inability to  pay 
  claim,  Faith  Bible  submits  certain  financial  information.  
  Faith Bible also  states that following the inspection, it  had 
  the  EAS equipment  repaired and  that  it has  instructed  its 
  Chief of Operations to keep the EAS logs up to date.

                      III.      DISCUSSION

5.        The forfeiture  amount in  this  case was  assessed  in 
  accordance with  Section 503(b)  of the  Communications Act  of 
  1934, as amended,  (``Act''),3 Section 1.80 of the Rules,4  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 Faith  Bible'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.5

6.        Section  11.35(a)  of  the  Rules  requires   broadcast 
  stations to install  and maintain operational EAS equipment  so 
  that  monitoring  and  transmitting  functions  are   available 
  during the  times when  the station is  in operation.   Section 
  11.35(b) provides  that if EAS  equipment becomes defective,  a 
  broadcast station may  operate without the defective  equipment 
  pending its  repair or replacement  for up to  60 days  without 
  requesting   FCC  authorization.    Section  11.35(b)   further 
  provides that entries must  be made in the station log  showing 
  the date  and time the equipment  was removed from service  and 
  restored to  service.  Faith  Bible admits in  its response  to 
  the NAL  that the EAS equipment was  not operating at the  time 
  of the inspection.  During the inspection, the station's  Chief 
  of  Operations stated  that  the  EAS equipment  had  not  been 
  operational  for one  week.  However,  Faith Bible  had no  EAS 
  logs or  other documentation to verify  when the equipment  was 
  taken  out of  service.  Accordingly,  based on  the  available 
  evidence,  we  conclude that  Faith  Bible  willfully  violated 
  Section 11.35(a) of the Rules.

7.        Although Faith Bible states that the EAS equipment  has 
  been  repaired  and  that  it  has  instructed  its  Chief   of 
  Operations to keep the EAS logs up to date, the Commission  has 
  stated that remedial  actions taken to correct a violation  are 
  not mitigating factors  warranting reduction of a  forfeiture.6  
  However,  based  on the  financial  documentation  provided  by 
  Faith Bible,  we conclude that payment  of the proposed  $8,000 
  forfeiture would  impose a financial  hardship on Faith  Bible.  
  Therefore,   we   will   cancel   the   proposed    forfeiture.  
  Nevertheless, we find that it is appropriate to admonish  Faith 
  Bible for its willful violation of Section 11.35(a).



                      IV.  ORDERING CLAUSES

8.        Accordingly, IT IS ORDERED  that, pursuant to  Sections 
  0.111, 0.311  and 1.80(f)(4) of the  Rules,7 the forfeiture  in 
  the amount of  eight thousand dollars ($8,000) proposed in  the 
  June  4,  2002 NAL  issued  to  Faith Bible  College,  Inc.  IS 
  CANCELLED.

9.        IT IS FURTHER  ORDERED that Faith  Bible IS  ADMONISHED 
  for failure  to maintain operational  EAS equipment at  Station 
  WTGF in willful violation of Section 11.35(a) of the Rules.

10.       IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent  by Certified Mail Return  Receipt Requested to Dr.  E. 
  M.  Johnson,  President, Faith  Communications,  6423  Hamilton 
  Bridge Road, Milton, Florida 32570-4625.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

  1 47 C.F.R.  11.35(a).  

  2 Notice  of Apparent Liability  for Forfeiture, NAL/Acct.  No. 
200232700010 (Enf. Bur., Tampa Office, released June 4, 2002).   

  3 47 U.S.C.  503(b).

  4 47 C.F.R.  1.80.

  5 47 U.S.C.  503(b)(2)(D).

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

  7 47 C.F.R.  0.111, 0.311, 1.80(f)(4).