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

In the Matter of                )       
                                )    File No. EB-02-KC-596
American Family Association, Inc.    )  
                                )    NAL/Acct. No. 200232560027
Licensee of Radio Station KAUF-FM in )  
Kennett, Missouri               )    FRN 0005-0295-11
                                )       
Tupelo, Mississippi             )    
                                     

                  MEMORANDUM OPINION AND ORDER 

Adopted: August 14, 2003                Released:    August   18, 
2003

By the Chief, Enforcement Bureau:

                        I.   INTRODUCTION

1.  In this Memorandum  Opinion and Order (``Order''), we  cancel 
  a proposed monetary  forfeiture in the amount of nine  thousand 
  dollars ($9,000), issued to American Family Association,  Inc., 
  (``AFA'')  licensee   of  Radio   Station  KAUF-FM   (``Station 
  KAUF''), in Kennett,  Missouri, for apparent willful  violation 
  of   Sections  11.35(a),   73.3527(e)(4),  73.3527(e)(7),   and 
  73.3527(e)(8) of the Commission's Rules ("Rules").1  The  noted 
  violations involve AFA's failure to have operational  Emergency 
  Alert System  (``EAS'') equipment and  failure to maintain  all 
  required  items  in   the  public  inspection  file   (``public 
  file'').  While we cancel the proposed forfeiture, we  admonish 
  AFA for the public file violations.   

          2.   On September 23,  2002, the  District Director  of 
the Commission's  Kansas City,  Missouri Field  Office  (``Kansas 
City  Office'')  issued  a  Notice  of  Apparent  Liability   for 
Forfeiture (``NAL'')  in  the  amount of  nine  thousand  dollars 
($9,000) to AFA for the noted violations. 2  AFA filed a response 
to the NAL on October 18, 2002. 

                           II.   BACKGROUND

     3.   On July 17, 2002, an agent from the Kansas City Office 
inspected Station KAUF's EAS equipment and observed that both EAS 
receivers were turned off and that, when turned on, both 
receivers were tuned to default settings rendering them unable to 
monitor the two required EAS sources.  When the agent examined 
the station log it indicated that Station KAUF had not received 
an EAS test since the year 2000.  Furthermore, the agent 
discovered that documents were missing from the public inspection 
file.  Specifically the agent determined that the latest 
ownership report, a copy of The Public and Broadcasting, and the 
current issues/programs list were not in the public file.  



     4.   The Kansas City Office issued a NAL to AFA on September 
23, 2002, for the two
violations.  The NAL proposed a $4,000 forfeiture for the EAS 
violation and a $5,000 forfeiture for the public file violations.  
AFA filed its response on October 18, 2002 seeking reduction or 
cancellation of the proposed forfeiture.  AFA submitted a signed 
declaration from its Founder and Chairman of the Board, Donald E. 
Wildmon, in support of the response.

     5.   In the response, AFA argues that the portion of the 
forfeiture relating to the EAS violation should be canceled 
because no EAS violation occurred.  AFA asserts that it did not 
keep Station KAUF's 2001 and 2002 station logs at Station KAUF, 
but rather kept them at AFA's headquarters in Tupelo, 
Mississippi.  AFA argues that no EAS violation occurred because, 
first, the Rules do not require AFA to keep the EAS logs at 
Station KAUF and, second, because the logs show that AFA complied 
with Section 11.35(a) of the Rules.  AFA attached copies of 
Station KAUF's EAS logs for 2001 and 2002 to its response.  The 
logs indicate that Station KAUF's EAS equipment performed 
properly until July 9, 2002.  AFA notes that on July 9, 2002 the 
equipment began malfunctioning and that it turned the equipment 
off to avoid spurious signals.  AFA further asserts that Section 
11.35(b) of the Rules permit stations to operate without 
defective EAS equipment for 60 days pending its repair or 
replacement.  AFA concludes that the proposed forfeiture for the 
EAS violation should be canceled because the inspection occurred 
on July 17, 2002, only eight days after AFA turned off the 
defective EAS equipment and well within the 60-day window 
provided by Section 11.35(b). 
       
     6.   In response to the apparent public file violations, AFA 
argues that the proposed forfeiture should be reduced.  AFA 
states that, prior to the inspection it maintained a duplicate 
public file for Station KAUF at AFA's headquarters and mailed 
each item for the public file to Station KAUF with explicit 
filing instructions.  AFA submits that it mailed all of the 
required items to Station KAUF but that the station manager was 
behind on filing and consequently the items were not in the 
public file.  Moreover, AFA asserts that the station manager was 
on vacation during the inspection and his substitute did not 
recognize the items to hand to the agent.  AFA argues that the 
forfeiture should be reduced because AFA has stream-lined Station 
KAUF's public file so that it now resides on a single, frequently 
updated, compact disc and that a computer is available in the 
studio so that the public can access the disc and print copies of 
public file documents.  AFA provided a copy of the new compact 
disk with its response.  AFA concludes that the NAL should be 
canceled on the basis of its history of overall compliance and 
because the proposed forfeiture amount is disproportionately 
punitive given Station KAUF's annual revenue. 

                         III.      DISCUSSION

     7.   The District Director assessed the proposed forfeiture 
amount in this case 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 Amendments of Section 1.80 of the Rules to Incorporate the 
Forfeiture Guidelines.5  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.6

     8.   In response to the EAS portion of the NAL, AFA 
submitted copies of Station KAUF's EAS logs for 2001 and 2002.  
After reviewing the EAS logs, we determine that AFA did not 
violate Section 11.35(a).  The EAS logs verify that Station KAUF 
properly performed its EAS tests during 2001 and through July 7, 
2002.  The logs further confirm that the EAS equipment began 
malfunctioning on July 9, 2002 and that AFA turned off the 
equipment on that date to avoid spurious signals.  Section 
11.35(b) permits stations to operate without defective EAS 
equipment for 60 days, without further FCC authority.7  The agent 
inspected Station KAUF's EAS equipment on July 17, 2002, only 
eight days after AFA turned off the equipment and well within the 
60-day time frame permitted by Section 11.35(b).  AFA notes that 
the EAS equipment is now functioning properly.  In light of the 
above, we cancel the portion of the NAL relating to the apparent 
EAS violation.

     9.   Turning to the public file violations, Section 
73.3527(e) of the Rules requires that certain items be retained 
in the public file.  Specifically Sections 73.3527(e)(4), 
73.3527(e)(7), and 73.3527(e)(8) require that copies of the 
latest ownership report, a copy of The Public and Broadcasting, 
and the current issues/programs list be kept in the public 
inspection file.8  We determine that AFA willfully violated 
Sections 73.3527(e)(4), 73.3527(e)(7), and 73.3527(e)(8) based on 
AFA's admission that the station manager was behind on filing and 
did not place the required items in the public file.9  However, 
AFA declares that the required items were at Station KAUF during 
the inspection and points out that this is not a situation where 
they had to go out and create the public file or obtain new 
documents after the inspection to comply with the public file 
rules.  After reviewing the record before us, we cancel the 
portion of the NAL relating to the public file violations based 
on AFA's good faith efforts to comply with the requirements of 
Sections 73.3527(e)(4), 73.3527(e)(7), and 73.3527(e)(8).  Based 
on our findings above, we do not reach a determination on the 
remainder of AFA's arguments.  However, we admonish AFA for the 
public file violations.

                        IV.   ORDERING CLAUSES

          10.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to 
Section 504(b) of the Communications  Act of 1934, as  amended,10 
and Sections  0.111, 0.311  and 1.80(f)(4)  of the  Rules,11  the 
Notice of  Apparent Liability  for  a Forfeiture,  NAL/Acct.  No. 
200232560027, issued to  American Family  Association, Inc.,  for 
violation of Sections 11.35(a), 73.3527(e)(4), 73.3527(e)(7), and 
73.3527(e)(8) of the Rules IS CANCELED.

          11.  IT IS FURTHER ORDERED  that AFA IS ADMONISHED  for 
its willful violation  of Sections 73.3527(e)(4),  73.3527(e)(7), 
and 73.3527(e)(8).

          12.  IT IS FURTHER  ORDERED that a  copy of this  Order 
shall be  sent  by certified  mail  return receipt  requested  to 
American Family  Association,  Inc., P.O.  Drawer  2440,  Tupelo, 
Mississippi 38803.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

  1  47   C.F.R.     11.35(a),  73.3527(e)(4),   73.3527(e)(7), 
73.3527(e)(8). 

  2   American   Family   Association,   Inc.,   NAL/Acct.    No. 
  200232560027 (Enf. Bur., Kansas City Office rel. September  23, 
  2002).

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

  4 47 C.F.R.  1.80.

  5  12 FCC  Rcd 17,087  (1997), recon.  denied, 15  FCC Rcd  303 
(1999).

  6 47 U.S.C.  503(b)(2)(D).

  7 47  C.F.R. 11.35(b)  permits stations  to ``operate  without 
  the defective EAS  equipment pending its repair or  replacement 
  for 60 days without further FCC authority.''

  8  47   C.F.R.     11.35(a),  73.3527(e)(4),   73.3527(e)(7), 
73.3527(e)(8).

  9  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)  (finding 
  that the  term ``willful''  simply requires  that the  violator 
  knew it was taking the action in question, irrespective of  any 
  intent to violate the Rules.).  

  10 47 U.S.C.  504(b).

  11 47 C.F.R.  0.111, 0.311, 1.80(f)(4).