Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

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
Microsoft Word or Adobe Acrobat version.

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



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

In the Matter of                )
                                )       File No. EB-02-CF-277
Faith Mountain Communications, Inc.  )  
Licensee of Station WRRL(AM)    )       NAL/Acct.             No. 
200232340001
Rainelle, West Virginia        )     
                                )       FRN 0007-2317-80
                               ) 

                  MEMORANDUM OPINION AND ORDER

     Adopted:  November 12, 2002        Released:   November  14, 
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    Mountain 
Communications, Inc.  (``Faith  Mountain''),  licensee  of  radio 
station WRRL(AM), Rainelle, West Virginia for failure to  install 
Emergency Alert System (``EAS'') equipment at station WRRL(AM) in 
apparent  willful   violation   of  Section   11.52(a)   of   the 
Commission's Rules.1  However,  we conclude  that Faith  Mountain 
willfully violated Section 11.52(a)  and admonish Faith  Mountain 
for this violation.  

     2.   On June 19, 2002,  the Commission's Columbia,  Maryland 
Field Office (``Columbia  Office'') issued a  Notice of  Apparent 
Liability for  Forfeiture  (``NAL'')2  in  the  amount  of  eight 
thousand    dollars ($8,000) to  Faith Mountain.  Faith  Mountain 
filed a response on August 7, 2002.3  

                         II.  BACKGROUND

     3.   On April 25, 2002, a Commission agent from the Columbia 
          Office conducted an EAS inspection of station WRRL(AM).  
          The agent observed  that the station  did not have  EAS 
          equipment. The general  manager, Allen Whitt,  informed 
          the agent that WRRL(AM) had not had EAS equipment since 
          the station was purchased in February, 2001.  

     4.   On June 19, 2002, the Columbia Office issued an NAL  to 
          Faith Mountain for  apparently failing  to install  EAS 
          equipment in willful violation  of Section 11.52(a)  of 
          the Rules.  In its response to the NAL, Faith  Mountain 
          admits the violation,  but also indicates  that it  was 
          aware of the violation prior to the inspection and  was 
          in the process  of trying to  resolve the EAS  problem.  
          Faith Mountain indicates  that the  equipment has  been 
          installed and  the  EAS  is  working.   Finally,  Faith 
          Mountain  requests  cancellation   of  the   forfeiture 
          because of its inability  to pay, and provides  certain 
          financial information in support of its request.

                           III. DISCUSSION
 
          5.   The forfeiture amount in this case was proposed in 
accordance with Section 503(b) of the Communications Act of 1934, 
as amended  (``Act''),4  Section  1.80 of  the  Rules,5  and  The 
Commission's Forfeiture Policy Statement and Amendment of Section 
1.80 of the Rules to Incorporate the Forfeiture Guidelines.6   In 
examining Faith Mountain'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

          6.   Section  11.52(a)  of  the  Rules  provides  that, 
effective January 1,  1997, all broadcast  stations must  install 
and operate during their hours of operation, equipment capable of 
receiving and decoding, either automatically or manually, the EAS 
header codes,  emergency messages  and EOM  code.  On  April  25, 
2002, the  date of  the  inspection, WRRL(AM)  did not  have  EAS 
equipment installed,  even though  Faith Mountain  had owned  the 
station  since  February,  2001.    Faith  Mountain  admits   the 
violation alleged in the NAL  occurred.  Therefore, based on  the 
evidence before us, we find that Faith Mountain failed to install 
EAS equipment in  willful8 violation of  Section 11.52(a) of  the 
Rules.    

          7.   Although  Faith  Mountain  states  that  the   EAS 
equipment has been installed and the system is working  properly, 
the Commission has stated that remedial actions taken to  correct 
a violation are not mitigating factors warranting reduction of  a 
forfeiture.9   However,  based  on  the  financial  documentation 
provided by  Faith  Mountain, we  conclude  that payment  of  the 
proposed $8,000 forfeiture would  impose a financial hardship  on 
Faith  Mountain.   Therefore,   we  will   cancel  the   proposed 
forfeiture.  Nevertheless,  we find  that  it is  appropriate  to 
admonish Faith  Mountain for  its  willful violation  of  Section 
11.52(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,10 the forfeiture in the 
amount of eight  thousand dollars ($8,000)  proposed in the  June 
19, 2002 NAL  issued to  Faith Mountain  Communications, Inc.  IS 
CANCELLED. 

     9.   IT  IS  FURTHER   OREDERED  that   Faith  Mountain   IS 
ADMONISHED for  failure  to  install  EAS  equipment  at  Station 
WRRL(AM) in willful violation of Section 11.52(a) of the Rules.  
10.       IT IS FURTHER ORDERED that, a copy of this Order  shall 
  be  sent by  regular mail  and  Certified Mail  Return  Receipt 
  Requested  to Faith  Mountain  Communications, Inc.,  H.C.  61, 
  P.O. Box 383, Danese, West Virginia, 25831.

                         FEDERAL COMMUNICATIONS COMMISSION


                                                                 
                         David H. Solomon
                         Chief, Enforcement Bureau
           

_________________________

  1   47 F.C.R.  11.52(a).

  2   Notice of Apparent Liability for Forfeiture, NAL/Acct.  No. 
200232340001 (Enf.  Bur.,  Columbia  Office,  released  June  19, 
2002).

  3   A response to  a Commission NAL should  be filed within  30 
days of the  issuance of the  NAL.  See 47  C.F.R.   1.80(f)(3).   
Faith Mountain requested, and was  granted, an extension of  time 
within which to submit its response.

  4   47 U.S.C.  503(b).

  5   47 C.F.R.  1.80.

  6   12 FCC  Rcd 17087  (1997), recon.  denied, 15  FCC Rcd  303 
(1999).

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

  8   Section 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).   

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

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