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


In the Matter of                  )
                                 )
                                 )
AMERICAN FAMILY ASSOCIATION       )   File No. EB-02-IH-0819-AHB
                                 )   NAL/Acct. No. 200432080203
                                 )   FRN 0005025911
Licensee of Station KBMP(FM),     )   Facility ID No. 91037
Enterprise, Kansas                )





         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Adopted:  July 27, 2004                 Released:   July 28, 
2004

By the Chief, Enforcement Bureau:

                      I.  INTRODUCTION

     1. In this Notice of Apparent Liability for Forfeiture 
(``NAL''), we find that American Family Association 
(``AFA''), licensee of non-commercial radio Station 
KBMP(FM), Enterprise, Kansas, apparently violated the main 
studio rule by willfully and repeatedly failing to meet the 
location requirements set forth in section 73.1125(a) of the 
Commission's rules, and by willfully and repeatedly failing 
to maintain a meaningful management and staff presence at 
its main studio.1  We also find that AFA apparently failed 
to comply with a Bureau order by failing to respond fully to 
a Bureau inquiry that directed AFA to produce certain 
information concerning the main studio of Station KBMP(FM).  
Based on our review of the facts and circumstances of this 
case, we find that AFA is apparently liable for a forfeiture 
of ten thousand dollars ($10,000) for violations of the main 
studio rule at Station KBMP(FM) and for failing to respond 
fully to a Bureau order.  

                      II.   BACKGROUND

     2. AFA acquired the construction permit for unbuilt 
Station KBMP(FM) from Solid Rock Broadcasting, Inc. in 
August of 1999.2  By letter dated June 21, 2001, AFA 
requested a waiver of the Commission's main studio rule, 47 
C.F.R.  73.1125, to co-locate the main studio of KBMP(FM) 
with that of its co-owned Station KCFN(FM), Wichita, Kansas.  
AFA supplemented this request by letters dated August 16, 
2001, and May 1, 2002.  AFA placed Station KBMP(FM) into 
operation on March 6, 2002, submitting a covering license 
application that same day.3  Six months later, by letter 
dated September 5, 2002, AFA requested expedited processing 
of its main studio waiver request.  In that letter, signed 
by Patrick J. Vaughn in his capacity as General Counsel of 
AFA, AFA stated:

     KBMP-FM has been on the air since March 6, 
     2002, but American Family Association, Inc. 
     (AFA) has been unable to comply with the Main 
     Studio staffing requirements.  AFA requests 
     expedited processing of its Main Studio 
     waiver request before we are hit with 
     forfeitures.4

     3. Upon receiving this letter, the Media Bureau staff 
telephoned Mr. Vaughn, asking him to explain his statement 
in his September 5 letter about not complying with the main 
studio rule.  By letter dated October 1, 2002, Mr. Vaughn 
stated:

     Prior to building KBMP, AFA operated a 
     translator in Enterprise, KS, with the First 
     Christian Church of Enterprise serving as the 
     translator's local sponsor.  Joe Minnick, a 
     member of First Christian Church, working as 
     a volunteer prepared local public service 
     spots to run at the top on the hour on the 
     translator.  In the planning for KBMP we 
     anticipated that Mr. Minnick would coordinate 
     other volunteers to staff the main studio.  
     However, Mr. Minnick has moved.  First 
     Christian Church continues to act as our 
     local sponsor and pays the tower rent, but 
     without Mr. Minnick they are unable to muster 
     sufficient volunteers to cover the 
     ``meaningful presence'' requirement.  
     Therefore, AFA has requested expedited 
     processing of this request for a main studio 
     waiver.5

     4. By letter dated October 31, 2002, the Audio Division 
of the Media Bureau of the Commission granted AFA's waiver 
request, ``without prejudice to whatever action, if any, the 
Commission deems appropriate in light of AFA's apparent 
violation of the Commission's main studio requirements.''6  
The Media Bureau referred the matter to the Enforcement 
Bureau for possible enforcement action.

     5. By letter dated November 13, 2003, the 
Investigations and Hearings Division of the Commission's 
Enforcement Bureau sent a letter of inquiry to Mr. Vaughn 
directing AFA to provide nine categories of information and 
copies of all documents relevant to AFA's responses.7  The 
categories of information included such matters as:  the 
exact address of all current and previous main studio 
locations for Station KBMP(FM) and the date each studio 
location was established; all waiver requests and waivers of 
the main studio rule for the station; for each main studio 
address, the days of the week and the hours of the day 
during which that studio was/is open to the public; a 
detailed description of the technical production and 
transmission equipment and capacity maintained at the main 
studio(s); the identity of each person employed at the 
station's main studio and pertinent information about each 
person's employment; and the local or toll-free telephone 
number maintained for the station.8

     6. By letter dated November 21, 2003, Mr. Vaughn 
provided the following response, which was accompanied only 
by a copy of the October 31, 2002 letter granting AFA's 
waiver request:

      On October 31, 2002, the Commission granted 
     a waiver of 47 C.F.R. Section 73.1125 for 
     KBMP-FM, Enterprise, Kansas.  A copy of the 
     waiver is attached as Exhibit One.

     Toll-free telephone number (800) 705-4450 is 
     posted at the KBMP-FM tower site.9 

                      III.  DISCUSSION

     7. Under section 503(b)(1) of the Communications Act of 
1934, as amended (the ``Act''), any person who is determined 
by the Commission to have willfully or repeatedly failed to 
comply with any provision of the Act or any rule, 
regulation, or order issued by the Commission shall be 
liable to the United States for a forfeiture penalty.10  In 
order to impose such a forfeiture penalty, the Commission 
must issue a notice of apparent liability, the notice must 
be received, and the person against whom the notice has been 
issued must have an opportunity to show, in writing, why no 
such forfeiture penalty should be imposed.11  The Commission 
will then issue a forfeiture if it finds by a preponderance 
of the evidence that the person has willfully or repeatedly 
violated the Act or a Commission rule.12  As described in 
greater detail below, we conclude under this procedure that 
AFA is apparently liable for a forfeiture in the amount of 
$10,000.  This $10,000 forfeiture consists of $7,000 for 
AFA's apparent willful and repeated violations of the main 
studio rule, the location and staffing requirements of which 
are set forth in section 73.1125 of the Commission's rules 
and Commission precedent, and $3,000 for failing to respond 
fully to a Bureau order. 

    A.      AFA  Apparently  Has  Willfully  and  Repeatedly 
       Failed to Meet the Location and Staffing Requirements 
       of the Main Studio Rule.

     8. The Commission promulgated  the main studio  rule to 
ensure that  a station's  main studio  serves the  needs and 
interests  of the  residents of  the station's  community of 
license.13   The  Commission  has  long held  that  a  local 
presence is  critical to fulfilling this  function.14  Thus, 
section 73.1125(a) of the Commission's rules requires that a 
station's  main  studio  either   be  placed  (a)  within  a 
station's community  of license; (b) 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  (c) within  twenty-five  (25)  miles from  the 
reference  coordinates of  the  center of  its community  of 
license.15   A licensee  must acquire  written authorization 
before it places a main studio  at a location other than one 
specified in section 73.1125(a).16 

     9. For a main studio  to fulfill its  primary function, 
the  Commission has  determined  that a  licensee must  also 
``equip  the main  studio with  production and  transmission 
facilities   that   meet  applicable   standards,   maintain 
continuous program  transmission capability, and  maintain a 
meaningful management and  staff presence.''17  A meaningful 
management and staff presence  exposes stations to community 
activities,  helps  them  to identify  community  needs  and 
interests and, consequently, helps them meet their community 
service requirements.18  In Jones Eastern II, the Commission 
defined  a minimally  acceptable  meaningful management  and 
staff presence  as full-time managerial and  staff personnel 
and, though  the Commission stated  that it did  not require 
that management personnel be ``chained to the desk,'' it did 
require  that such  personnel  report to  work  at the  main 
studio on a daily basis,  spend a substantial amount of time 
there, and use the station  as a `home base.''19  To qualify 
as  managerial,  the  Commission stated  that  the  employee 
should be ``authorized to  make typical managerial decisions 
pertaining to facilities,  equipment, programming, sales and 
emergency procedures.''20  

     10.  By AFA's own admission, the main studio for 
Station KBMP(FM) did not meet the location requirements of 
section 73.1125(a) from March 6, 2002, when the station 
commenced operation, until October 31, 2002, when AFA 
received a waiver of the main studio rule.  The record shows 
that this was a knowing violation by AFA, as AFA's request 
for expedited processing sought action by the Commission's 
Media Bureau ``before we are hit with forfeitures.''21  In 
this regard, we note that in 2002, AFA was issued a 
forfeiture order in the amount of $5,000 for operating 
Station KBKC-FM, Moberly, Missouri, without a main studio.22  
As in this case, AFA had put that station on the air after 
filing a main studio waiver request, but did not have a 
grant of that waiver when it commenced operation of the 
station without a local main studio. 

     11.  AFA likewise  admits that it failed  to maintain a 
meaningful staff or management presence at a location within 
Enterprise,  Kansas, within  the Station  KBMP(FM) principal 
community  contour  or  within twenty-five  miles  from  the 
reference  coordinates  of  Enterprise,  Kansas  during  the 
period from March 6, 2002 to October 31, 2002.23   

     B.  AFA  Apparently Has Willfully Failed  to Respond in 
     Full to a Bureau Order.

     12.  Section  403 of the Act  authorizes the Commission 
to institute on its own motion any inquiry into, inter alia, 
any matter  relating to  the enforcement of  the Act  or the 
Commission's  rules.24   Section  308(b) provides  that  the 
Commission  ``may  require  from an  applicant  or  licensee 
further written statements of  fact during the license term. 
.  . .''25   Pursuant  to that  and  other authority,26  the 
Bureau ordered AFA to  provide certain information.  AFA did 
not do so.  A party cannot pick and choose which portions of 
the  directives  in  a   Bureau  inquiry  letter  require  a 
response.27  However, that is the  course of action taken by 
AFA, through its General Counsel,  Mr. Vaughn, in his letter 
of November 21, 2003.  Out of nine categories of information 
and documents the Enforcement Bureau's letter dated November 
13, 2003  directed AFA to  provide, Mr. Vaughn  responded to 
two while offering no explanation  for not responding to the 
other categories.28

     C.  Proposed Action

     13.  Section 503(b)  of the Act and  section 1.80(a) of 
the  Commission's  rules  both  state that  any  person  who 
willfully or repeatedly fails  to comply with the provisions 
of the Act,  the rules or Commission orders  shall be liable 
for  a forfeiture  penalty.29   The Commission's  Forfeiture 
Policy Statement sets a base forfeiture amount of $7,000 for 
violation of the main  studio rule.30  The Forfeiture Policy 
Statement sets forth a base  forfeiture amount of $4,000 for 
failure  to  respond  to Commission  communications.31   The 
Forfeiture   Policy  Statement   also  specifies   that  the 
Commission   shall   adjust    a   forfeiture   based   upon 
consideration   of  the   factors   enumerated  in   section 
503(b)(2)(D)   of   the   Act,   such   as   ``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  such other 
matters as justice may require.''32  

     14.  It appears that, from at least March 6, 2002, and 
continuing up to October 31, 2002, AFA willfully and 
repeatedly violated the main studio rule, by failing to 
locate the Station KBMP(FM) main studio at a place in 
accordance with section 73.1125(a), and by failing to 
maintain a meaningful local management and staff presence.  
The deliberate and knowing violation of this rule by a party 
that has previously been assessed a forfeiture for violating 
the rule under similar circumstances warrants (at the very 
least) the full $7,000 forfeiture proposed here.

     15.  Likewise, it appears that AFA willfully violated a 
Bureau order by failing to respond in full to the 
Enforcement Bureau's letter of inquiry of November 13, 2003.  
Instead of providing the nine categories of information and 
providing relevant documents for all categories as directed 
by the Bureau's inquiry (or explaining why requested 
information in particular categories was not available), 
AFA, through its General Counsel, only responded to two 
categories of information and only provided a relevant 
document within the scope of those two categories.  Because 
AFA did submit a partial response, the $4,000 base amount 
for such misconduct will be reduced to $3,000.  

     16.  Accordingly, applying the Forfeiture Policy 
Statement and the statutory factors to this case, we 
conclude that AFA is apparently liable for a $10,000 
forfeiture, for violating the Commission's main studio rule 
and failing to respond in full to a Bureau order.

                      IV.  ORDERING CLAUSES

     17.  ACCORDINGLY, IT IS ORDERED THAT, pursuant to 
section 503(b) of the Communications Act of 1934, as 
amended, 47 U.S.C.  503(b), and section 1.80 of the 
Commission's rules, 47 C.F.R.  1.80, American Family 
Association, is hereby NOTIFIED of its APPARENT LIABILITY 
FOR FORFEITURE in the amount of ten thousand dollars 
($10,000) for willfully and repeatedly violating the 
Commission's main studio rule and for failing to respond 
fully to a Bureau order.

     18.  IT IS FURTHER ORDERED THAT, pursuant to section 
1.80 of the Commission's rules, 47 C.F.R.  1.80, within 
thirty (30) days of the release of this NOTICE OF APPARENT 
LIABILITY, American Family Association SHALL PAY the full 
amount of the proposed forfeiture or SHALL FILE a written 
statement seeking reduction or cancellation of the proposed 
forfeiture.

     19.  Payment of the forfeiture may be made by mailing a 
check or similar instrument, payable to the order of the 
Federal Communications Commission.  Such remittance should 
be made to the Forfeiture Collection Section, Finance 
Branch, Federal Communications Commission, P.O. Box 73482, 
Chicago, Illinois 60673-7482.  The payment should note the 
NAL/Acct. No. and FRN No. referenced above. 

     20.  The response, if any, to this NOTICE OF APPARENT 
LIABILITY, must be mailed to William H. Davenport, Chief, 
Investigations and Hearings Division, Enforcement Bureau, 
Federal Communications Commission, 445 12th Street, S.W., 
Room 4-C321, Washington DC 20554 and MUST INCLUDE the 
NAL/Acct. No. referenced above.

     21.  The Commission will not consider reducing or 
canceling a forfeiture in response to a claim of inability 
to pay unless the respondent submits: (1) federal tax 
returns for the most recent three-year period; (2) financial 
statements prepared according to generally accepted 
accounting practices (``GAAP''); or (3) some other reliable 
and objective documentation that accurately reflects the 
respondent's current financial status.  Any claim of 
inability to pay must specifically identify the basis for 
the claim by reference to the financial documentation 
submitted.

     22.  Requests for payment of the full amount of this 
Notice of Apparent Liability under an installment plan 
should be sent to: Chief, Credit and Management Center, 445 
12th Street, S.W., Washington, D.C. 20554.33

     23.  Under the Small Business Paperwork Relief Act of 
2002, Pub.L.No. 107-198, 116 Stat. 729 (June 28, 2002), the 
Commission is engaged in a two-year tracking process 
regarding the size of entities involved in forfeitures.  If 
AFA qualifies as a small entity and wishes to be treated as 
a small entity for tracking purposes, please so certify to 
us within 30 days of this NAL, either in AFA's response to 
the NAL or in a separate filing to be sent to the 
Investigations and Hearings Division, Enforcement Bureau, 
445 12th Street, S.W., Washington, D.C. 20554.  AFA's 
certification should indicate whether AFA, including its 
parent entity and its subsidiaries (if any), meets one of 
the definitions set forth in the list in Attachment A of 
this NAL.  This information will be used for tracking 
purposes only.  AFA's response or failure to respond to this 
question will have no effect on your rights and 
responsibilities pursuant to section 503(b) of the 
Communications Act of 1934, as amended.  If AFA has any 
questions regarding any of the information contained in 
Attachment A, please contact the Commission's Office of 
Communications Business Opportunities at (202) 418-0990.

     24.  IT IS FURTHER ORDERED that a copy of this NOTICE 
OF APPARENT LIABILITY shall be sent, by Certified 
Mail/Return Receipt Requested, to Patrick J. Vaughn, General 
Counsel, American Family Association, P.O. Drawer 2440, 
Tupelo, MS 38803.

                         FEDERAL COMMUNICATIONS COMMISSION


     
                         David H. Solomon
                         Chief, Enforcement Bureau
  



                         ATTACHMENT A


                 FCC List of Small Entities

   As described below, a ``small entity'' may be a small 
                       organization,
  a small governmental jurisdiction, or a small business.

(1)  Small Organization 
Any  not-for-profit  enterprise that  is independently  owned 
and operated and 
is not dominant in its field.

  
(2)  Small Governmental Jurisdiction
Governments of  cities, counties, towns, townships, villages, 
school districts, or 
special  districts,  with a  population  of  less than  fifty 
thousand.


(3)  Small Business
Any   business  concern  that  is   independently  owned  and 
operated and 
is  not dominant in its  field, and meets the  pertinent size 
criterion described below.
  

       Industry Type          Description of Small Business 
                                     Size Standards
                 Cable Services or Systems
                             Special Size Standard - 
Cable Systems                 Small Cable Company has 400,000 
                             Subscribers Nationwide or Fewer
Cable   and   Other  Program 
Distribution                      $12.5 Million in Annual 
                                    Receipts or Less

Open Video Systems 
        Common Carrier Services and Related Entities
Wireline     Carriers    and 
Service providers 
                                1,500 Employees or Fewer
Local   Exchange   Carriers, 
Competitive           Access 
Providers,     Interexchange 
Carriers,  Operator  Service 
Providers,          Payphone 
Providers, and Resellers


Note:   With  the   exception  of  Cable  Systems,  all  size 
standards  are expressed  in  either millions  of dollars  or 
number  of employees  and  are generally  the average  annual 
receipts  or the  average employment  of a  firm.  Directions 
for   calculating   average  annual   receipts  and   average 
employment of a firm can be found in 
13 CFR 121.104 and 13 CFR 121.106, respectively.





                   International Services
International      Broadcast 
Stations






                                 $12.5 Million in Annual 
                                    Receipts or Less
International  Public  Fixed 
Radio  (Public  and  Control 
Stations)
Fixed              Satellite 
Transmit/Receive       Earth 
Stations
Fixed  Satellite  Very Small 
Aperture Terminal Systems
Mobile    Satellite    Earth 
Stations
Radio          Determination 
Satellite Earth Stations
Geostationary Space Stations
Non-Geostationary      Space 
Stations
Direct Broadcast Satellites
Home Satellite Dish Service
                    Mass Media Services
Television Services

                             $12 Million in Annual Receipts 
                                         or Less
Low     Power     Television 
Services    and   Television 
Translator Stations
TV     Auxiliary,    Special 
Broadcast  and Other Program 
Distribution Services
Radio Services
                              $6 Million in Annual Receipts 
                                         or Less
Radio   Auxiliary,   Special 
Broadcast  and Other Program 
Distribution Services
Multipoint      Distribution  Auction Special Size Standard -
Service                       Small  Business  is  less  than 
                             $40M in  annual gross  revenues 
                             for three preceding years
          Wireless and Commercial Mobile Services
Cellular Licensees
                                1,500 Employees or Fewer
220   MHz  Radio  Service  - 
Phase I Licensees
220   MHz  Radio  Service  -  Auction special size standard -
Phase II Licensees            Small Business is average gross 
                             revenues  of $15M  or less  for 
                             the   preceding   three   years 
                             (includes    affiliates     and 
                             controlling principals)
                             Very Small Business  is average 
                             gross revenues  of $3M  or less 
                             for the  preceding three  years 
                             (includes    affiliates     and 
                             controlling principals)
700 MHZ Guard Band Licensees


Private  and  Common Carrier 
Paging
Broadband           Personal 
Communications      Services     1,500 Employees or Fewer
(Blocks A, B, D, and E)
Broadband           Personal  Auction special size standard -
Communications      Services  Small Business is  $40M or less 
(Block C)                     in  annual gross  revenues  for 
                             three previous calendar years
                             Very Small Business  is average 
                             gross revenues of  $15M or less 
                             for    the   preceding    three 
                             calendar    years     (includes 
                             affiliates   and   persons   or 
                             entities that hold  interest in 
                             such    entity     and    their 
                             affiliates)
Broadband           Personal 
Communications      Services 
(Block F)
Narrowband          Personal 
Communications Services


Rural Radiotelephone Service     1,500 Employees or Fewer
Air-Ground    Radiotelephone 
Service
800  MHz  Specialized Mobile  Auction special size standard -
Radio                         Small Business is  $15M or less 
                             average  annual gross  revenues 
                             for  three  preceding  calendar 
                             years
900  MHz  Specialized Mobile 
Radio
Private Land Mobile Radio        1,500 Employees or Fewer
Amateur Radio Service                       N/A
Aviation  and  Marine  Radio 
Service                          1,500 Employees or Fewer
Fixed Microwave Services
                             Small    Business   is    1,500 
Public Safety Radio Services  employees or less
                             Small  Government Entities  has 
                             population of less  than 50,000 
                             persons
Wireless    Telephony    and 
Paging and Messaging             1,500 Employees or Fewer
Personal Radio Services                     N/A
Offshore      Radiotelephone     1,500 Employees or Fewer
Service
Wireless      Communications  Small Business is  $40M or less 
Services                      average  annual gross  revenues 
                             for three preceding years
                             Very Small Business  is average 
                             gross revenues of  $15M or less 
                             for the preceding three years 

39 GHz Service
                             Auction  special size  standard 
                             (1996) -
Multipoint      Distribution  Small Business is  $40M or less 
Service                       average  annual gross  revenues 
                             for  three  preceding  calendar 
                             years
                             Prior to Auction -
                             Small   Business   has   annual 
                             revenue of $12.5M or less
Multichannel      Multipoint 
Distribution Service              $12.5 Million in Annual 
                                    Receipts or Less
Instructional     Television 
Fixed Service
                             Auction  special size  standard 
                             (1998) -
Local             Multipoint  Small Business is  $40M or less 
Distribution Service          average  annual gross  revenues 
                             for three preceding years
                             Very Small Business  is average 
                             gross revenues of  $15M or less 
                             for the preceding three years 
                             First   Auction  special   size 
                             standard (1994) -
                             Small  Business  is  an  entity 
                             that,    together   with    its 
                             affiliates, has no  more than a 
218-219 MHZ Service           $6M   net  worth   and,   after 
                             federal income taxes (excluding 
                             carryover losses)  has no  more 
                             than $2M in annual profits each 
                             year for the previous two years
                             New Standard - 
                             Small Business is average gross 
                             revenues  of $15M  or less  for 
                             the   preceding   three   years 
                             (includes    affiliates     and 
                             persons or  entities that  hold 
                             interest  in  such  entity  and 
                             their affiliates)
                             Very Small Business  is average 
                             gross revenues  of $3M  or less 
                             for the  preceding three  years 
                             (includes    affiliates     and 
                             persons or  entities that  hold 
                             interest  in  such  entity  and 
                             their affiliates)
Satellite   Master   Antenna 
Television Systems                $12.5 Million in Annual 
                                    Receipts or Less
24 GHz - Incumbent Licensees     1,500 Employees or Fewer
24 GHz - Future Licensees     Small Business is average gross 
                             revenues  of $15M  or less  for 
                             the   preceding   three   years 
                             (includes    affiliates     and 
                             persons or  entities that  hold 
                             interest  in  such  entity  and 
                             their affiliates)
                             Very Small Business  is average 
                             gross revenues  of $3M  or less 
                             for the  preceding three  years 
                             (includes    affiliates     and 
                             persons or  entities that  hold 
                             interest  in  such  entity  and 
                             their affiliates)
                       Miscellaneous
On-Line Information Services  $18 Million in Annual Receipts 
                                         or Less
Radio     and     Television 
Broadcasting   and  Wireless 
Communications     Equipment      750 Employees or Fewer
Manufacturers
Audio  and  Video  Equipment 
Manufacturers
Telephone          Apparatus 
Manufacturers        (Except     1,000 Employees or Fewer
Cellular)
Medical    Implant    Device      500 Employees or Fewer
Manufacturers
Hospitals                     $29 Million in Annual Receipts 
                                         or Less
Nursing Homes                     $11.5 Million in Annual 
                                    Receipts or Less
Hotels and Motels              $6 Million in Annual Receipts 
                                         or Less
Tower Owners                  (See Lessee's Type of Business)




_________________________

     1 See 47 C.F.R.  73.1125(a); see also Main Studio and 
Program Origination Rules, 2 FCC Rcd 3215 (1987), clarified 
3 FCC Rcd  5024 (1988); Jones Eastern of  Outer Banks, Inc. 
(``Jones Eastern I''),  6 FCC Rcd 3615  (1991), clarified 7 
FCC Rcd 6800 (1992) (``Jones Eastern II'').

     2 See  FCC File  No. BAPED-990514EA, granted  July 13, 
1999, with a consummation date of August 17, 1999. 

     3 See FCC File No. BAPED-990514EA.  

     4 Letter from Patrick J.  Vaughn to Marlene H. Dortch, 
Secretary of the Commission, dated September 5, 2002.

     5 Letter from Patrick J.  Vaughn to Marlene H. Dortch, 
dated October 1, 2002 (emphasis in original).

     6 Letter from Peter H. Doyle, Chief, Audio Division of 
Commission's  Media Bureau,  to  Patrick  J. Vaughn,  dated 
October 31, 2002.

     7  Letter  from  William D.  Freedman,  Deputy  Chief, 
Investigations  and   Hearings  Division   of  Commission's 
Enforcement Bureau,  to Patrick  J. Vaughn,  dated November 
13, 2003.

     8 Id. at 3-4.

     9  Letter  from  Patrick  J. Vaughn  to  David  Brown, 
Investigations  and   Hearings  Division   of  Commission's 
Enforcement Bureau, dated November 21, 2003.

     1047 U.S.C.   503(b)(1)(B);  47 C.F.R.   1.80(a)(1); 
see  also   47  U.S.C.    503(b)(1)(D)   (forfeitures  for 
violation of 14  U.S.C.  1464).  Section  312(f)(1) of the 
Act  defines  willful  as ``the  conscious  and  deliberate 
commission or  omission of  [any] act, irrespective  of any 
intent to  violate'' the law.   47 U.S.C.   312(f)(1). The 
legislative  history  to  section   312(f)(1)  of  the  Act 
clarifies that  this definition of willful  applies to both 
sections 312 and  503(b) of the Act, H.R.  Rep. No. 97-765, 
97th Cong.  2d Sess. 51  (1982), and the Commission  has so 
interpreted the  term in the section  503(b) context.  See, 
e.g.,  Application   for  Review  of   Southern  California 
Broadcasting Co.,  Memorandum Opinion and Order,  6 FCC Rcd 
4387,  4388  (1991)   (``Southern  California  Broadcasting 
Co.'').  The  Commission may  also assess a  forfeiture for 
violations that are merely repeated, and not willful.  See, 
e.g.,  Callais Cablevision,  Inc.,  Grand Isle,  Louisiana, 
Notice of  Apparent Liability  for Monetary  Forfeiture, 16 
FCC Rcd 1359 (2001) (issuing a Notice of Apparent Liability 
for,  inter alia,  a cable  television operator's  repeated 
signal  leakage).   ``Repeated''  means  that  the act  was 
committed or omitted more than once, or lasts more than one 
day.  Southern  California Broadcasting  Co., 6 FCC  Rcd at 
4388,  5; Callais Cablevision, Inc.,  16 FCC Rcd at 1362  
9.

     1147 U.S.C.  503(b); 47 C.F.R.  1.80(f).

     12See,  e.g.,   SBC  Communications,   Inc.,  Apparent 
Liability  for Forfeiture,  Forfeiture  Order,  17 FCC  Rcd 
7589,  7591    4   (2002).   In  SBC  Communications,  the 
Commission assessed a $100,000 forfeiture against a carrier 
for its  willful refusal to  supply a sworn  declaration in 
response to  an Enforcement Bureau letter  of inquiry.  The 
Commission stated:  ``[T]he order  here was squarely within 
the Commission's  authority and, in any  event, parties are 
required  to comply  with  Commission orders  even if  they 
believe them  to be  outside the  Commission's authority.''  
Id. at  5.

     13   Main  Studio   and  Program   Origination  Rules, 
Memorandum Opinion and Order  on Reconsideration, 3 FCC Rcd 
at 5026  23.

     14  See, e.g.,  Main  Studio  and Program  Origination 
Rules, Report and Order, 2 FCC Rcd at 3217  29.

     15 47 C.F.R.  73.1125(a).

     16 47 C.F.R.  73.1125(d)(2).

     17   Main  Studio   and  Program   Origination  Rules, 
Memorandum Opinion and Order  on Reconsideration, 3 FCC Rcd 
at 5026  24 (emphasis added).

     18 Id.

     19 Jones Eastern II, 7 FCC Rcd at 6801-6802  11.

     20 Id. at 6801  10.

     21 Letter  from Patrick  J. Vaughn to  Marlene Dortch, 
dated September 5, 2002.

     22 See American  Family Association, Forfeiture Order, 
17 FCC Rcd 18,135 (EB 2002),  recon. denied 18 FCC Rcd 2413 
(EB 2003).

     23 Letter  from Patrick  J. Vaughn to  Marlene Dortch, 
dated September  5, 2002; see  also letter from  Patrick J. 
Vaughn to Marlene Dortch, dated October 1, 2002.

     24 See  47 U.S.C.  403.

     25 47 U.S.C.  308(b).  See also 47 C.F.R.  73.1015.

     26 See 47 U.S.C.  154(i),(j).

     27 See, e.g., SBC Communications, supra note 12; Radio 
Moultrie,  Inc.,   Order  to  Show  Cause   and  Notice  of 
Opportunity for Hearing, 17 FCC Rcd 24,304 (2002) (order to 
show cause  to revoke license  for, inter alia,  failure to 
respond  to Bureau  inquiry letters);  World Communications 
Satellite Systems, Inc., Forfeiture  Order, 19 FCC Rcd 2718 
(EB   2004)   ($10,000    forfeiture   for   submitting   a 
jurisdictional objection in lieu of  a response to a Bureau 
inquiry letter).

     28 Mr. Vaughn's letter did include a sentence stating, 
``Please contact me if you have further questions regarding 
AFA's compliance with 47 C.F.R. Section 73.1125 at KBMP-FM, 
Enterprise,  Kansas.''  Letter  from Patrick  J. Vaughn  to 
David Brown, dated November 21,  2003.  However, that is no 
substitute for providing, for  each category of information 
requested,   either  the   information   requested  or   an 
explanation as to why the information was not available.

     29 See 47 U.S.C.  503(b); 47 C.F.R  1.80.

     30  The Commission's  Forfeiture Policy  Statement and 
Amendment of Section  1.80 of the Rules  to Incorporate the 
Forfeiture  Guidelines, 12  FCC  Rcd  17087, 17115  (1997), 
recon.  denied 15  FCC  Rcd 303  (1999) (Forfeiture  Policy 
Statement); 47 C.F.R.  1.80(b).

     31 Id.

     32   47  U.S.C.   503(b)(2)(D).  See  also Forfeiture 
Policy Statement, 12 FCC Rcd at 17100  27.

     33 See 47 C.F.R.  1.1914.