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


In the Matter of                        )
                              )
Victory & Power Ministries, Inc.,       )    File  No.  EB-02-OR-
356 
Licensee of Station WPFC(AM)            )    NAL/Acct.        No. 
200332620005
Baton Rouge, Louisiana                  )    FRN: 0008-0778-77

                        FORFEITURE ORDER

Adopted:   October 13, 2004                            Released:  
October 15, 2004

By the Assistant Chief, Enforcement Bureau

I.   INTRODUCTION

     1.   In this Forfeiture Order (``Order''), we issue a 
monetary forfeiture in the amount of twenty thousand dollars 
($20,000) to Victory & Power Ministries, Inc. (``VPM''), licensee 
of Station WPFC(AM), Baton Rouge, Louisiana for willful 
violations of the Emergency Alert System (``EAS''), the antenna 
fencing and the public file requirements of Sections 11.35(a), 
73.49 and 73.3526(c) of the Commission's Rules (``Rules'').1

II.  BACKGROUND

     2.   On November 13, 2002, the Commission's New Orleans, 
Louisiana Field Office (``New Orleans Office'') inspected Station 
WPFC(AM)'s facilities, and observed that the EAS equipment was 
not operational or tested, that EAS tests were not logged, that 
the fence enclosing its antenna structure was not locked, and 
that the public file could not be located and thus was not 
available during normal business hours.  As a result of the 
inspection, on February 14, 2003, the New Orleans Office released 
a Notice of Apparent Liability for Forfeiture (``NAL'').2  The 
NAL found that VPM apparently willfully violated Sections 
11.35(a), 73.49 and 73.3526(c) of the Rules, and proposed an 
aggregate $25,000 forfeiture.  

     3.   VPM responded to the NAL on March 17, 2003, and 
supplemented its response on September 20, 2004.  In its 
response, VPM did not dispute the NAL's findings. Rather, VPM 
sought cancellation of the proposed forfeiture based on its 
inadvertence, remedial efforts, inability to pay, and  history of 
compliance. 

III.      DISCUSSION

     4.   The forfeiture amount proposed 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.5  In assessing forfeitures, Section 503(b)(2)(D) of 
the Act requires that we 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 such other matters as 
justice may require.6  As discussed below, we have considered 
VPM's response to the NAL in light of these statutory factors and 
have determined that a reduction of the proposed forfeiture is 
warranted.  

     5.   VPM claimed, and provided supporting documentation 
(consisting of a police report and sworn declarations of its 
staff) to show, that a robbery occurred at the radio station on 
June 6, 2002.   According to VPM, its staff, in cleaning up after 
the robbery, inadvertently discarded station documents, including 
the public file. Under Section 503(b)(1)(B) of the Act,7 a 
broadcast licensee that ``willfully or repeatedly'' fails to 
comply with any provision of the Act or any rule, regulation or 
order issued by the Commission under the Act'' is subject to 
forfeiture liability.  In this context, ``willful'' simply means 
the conscious and deliberate commission or omission of an act, 
irrespective of any intent to violate statutory or regulatory 
requirements.8  We find that VPM's staff's deliberate discarding 
of station documents, including the public file, was willful.  We 
further find that VPM, as the broadcast licensee, is responsible 
and is not absolved from liability for the willful acts of its 
staff.9  Moreover, we do not find that the robbery and aftermath 
presented mitigating circumstances, given that it occurred in 
June of 2002 and that VPM made no effort to reconstruct its 
public file until more than five months after the incident and 
after the New Orleans Office inspected its facilities.10  Under 
the circumstances, we do not believe reduction or cancellation of 
the forfeiture is warranted in this regard.  

     6.   VPM also claimed that it has corrected the noted 
violations.  Specifically, VPM claimed that it corrected the EAS 
violation, by ensuring that its equipment is fully operational; 
it corrected the antenna fencing violation, by replacing the lock 
on the fence surrounding the antenna structure, instructing its 
employees of the importance of locking the fence, and regularly 
inspecting the fenced antenna site, and corrected the public file 
violation, by reconstructing its previously lost and thus 
unavailable public information file.  The Commission expects a 
licensee to correct violations that are observed during 
inspection, and/or are the subject of an enforcement action.11 A 
licensee's implementation of such corrective measures, however, 
does not mitigate its past violations and does not warrant 
reduction or cancellation of a forfeiture.12  Thus, we find that 
no reduction of cancellation of the proposed forfeiture is 
warranted in this regard.  

     7.   Additionally, VPM claimed that ``a $25,000 fine to a 
gospel station with a limited market and a church the size of 
Victory and Power will cause extreme and tremendous hardship to 
[its] church and [its] operation.''13  As the NAL correctly 
noted, the Commission will consider adjusting or canceling a 
forfeiture on the basis of an inability to pay claim if 
sufficient financial documentation is provided (i.e., ``federal 
tax returns for the most recent three-year period, financial 
statements prepared according to generally accepted accounting 
practices, or some other reliable and objective documentation 
that accurately reflects the petitioner's current financial 
status'').14 Because VPM did not submit any supporting financial 
documentation,15 we find that no reduction of cancellation of the 
proposed forfeiture is warranted in this regard. 

     8.   Finally, VPM claimed, and a search of Commission 
records confirmed, that Station WPFC(AM) has a history of overall 
compliance with the Communications Act and the Commission's rules 
and regulations.  After considering VPM's history of 
compliance,16 we find that a reduction of the proposed forfeiture 
to $20,000 is appropriate. 

IV.  ORDERING CLAUSES

     9.   Accordingly, IT IS ORDERED that, pursuant to Section 
503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of 
the Rules,17 Victory & Power Ministries, Inc. IS LIABLE FOR A 
MONETARY FORFEITURE in the amount of twenty thousand dollars 
($20,000.00) for its willful violations of Sections 11.35(a), 
73.49 and 73.3526(c) of the Rules. 

     10.  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.18  
Payment of the forfeiture must be made by check or similar 
instrument, payable to the order of the Federal Communications 
Commission.  The payment must include the NAL/Acct. No. and FRN 
No. referenced above.  Payment by check or money order may be 
mailed to Forfeiture Collection Section, Finance Branch, Federal 
Communications Commission, P.O. Box 73482, Chicago, Illinois 
60673-7482.  Payment by overnight mail may be sent to Bank One/LB 
73482, 525 West Monroe, 8th Floor Mailroom, Chicago, IL 60661.  
Payment by wire transfer may be made to ABA Number 071000013, 
receiving bank Bank One, and account number 1165259.  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. 20554.19

     11.  IS FURTHER ORDERED that a copy of this Order shall be 
sent by First Class and Certified Mail Return Receipt Requested 
to Victory & Power Ministries, Inc., 6940 Harry Drive, Baton 
Rouge, Louisiana 70806. 

                              FEDERAL COMMUNICATIONS COMMISSION
                         
                              George R. Dillon
                              Assistant Chief, Enforcement Bureau


_________________________

147 C.F.R.  11.35(a), 73.49 and 73.3526(c).
2Victory & Power Ministries, Inc., NAL/Acct. No. 200332620005 
(Enf. Bur., New Orleans Office, released February 14, 2003).

347 U.S.C.  503(b).
447 C.F.R.  1.80.
512 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) 
(``Forfeiture Policy Statement'').  
647 U.S.C.  503(b)(2)(D).
747 U.S.C.  503(b)(1)(B). 
8See 47 U.S.C.  312(f)(1) (emphasis added); see also Southern 
California Broadcasting Co., 6 FCC Rcd 4387, 4387-88,  5 (1991). 
9See Eure Family Limited Partnership, 17 FCC Rcd 21861, 21863-64 
 6-7 (2002); Sonderling Broadcasting Corp., 69 FCC 2d 289, 290-
91  6 (1977); Wagenvoord Broadcasting Co., 35 FCC 2d 361, 361-62 
 3 (1972).
10In this connection, we note that the public file serves 
important objectives, by fostering community involvement and by 
enabling a radio station's listeners to monitor the station's 
operations and public interest performance.  See Review of the 
Commission's Rules Regarding the Main Studio and Local Public 
Inspection Files of Broadcast Television and Radio Stations, 13 
FCC Rcd 15691, 15700  18 (1998).
11See AT&T Wireless Services, Inc., 17 FCC Rcd 21866, 21875  26 
(finding that all Commission licensees and regulatees are 
``expected to promptly take corrective action when violations are 
brought to their attention,'' and that such corrective action 
neither nullifies nor mitigates past violations); see also 
Seawest Yacht Brokers, 9 FCC Rcd at 6099, 6099  7 (1994); TCI 
Cablevision of Maryland, Inc., 7 FCC Rcd 6013, 6014  8 (1992); 
Sonderling Broadcasting Corp.,  69 FCC 2d 289, 291 (1978);  South 
Central Communications Corp., 18 FCC Rcd 700, 702-03  9 (Enf. 
Bur. 2003). 
12Id.
13NAL Response at 2.
14NAL at  12.
15See Webnet Communications, Inc., 18 FCC Rcd 6870, 6878  16 
(2003) (finding that the Rules require that any request to reduce 
or remove a forfeiture based on an inability to pay claim include 
detailed and relevant financial documentation, that the carrier 
did not provide such documentation, and that therefore there was 
no basis to reduce the total forfeiture on such grounds); see 
also Commonwealth License Subsidiary, LLC, 18 FCC Rcd 20483, 
20486   10 (Enf. Bur. 2003); Andre Dominque Hunter, 14 FCC Rcd 
3958, 3959-60  6 (CIB 1999).
16See, e.g., KGB, Inc., 13 FCC Rcd 16396, 6398  8 (1998) 
(reducing a proposed forfeiture from $11,500 to $9,200 for airing 
indecent material because of the broadcast licensee's history of 
overall compliance prior to these broadcasts);  Max Media of 
Montana, L.L.C., 18 FCC Rcd 21375, 21379  14 (Enf. Bur. 2003) 
(reducing a proposed forfeiture from $11,000 to $8,800 for 
antenna structure lighting and registration violations because of 
the licensee's history of overall compliance).   
17 47 C.F.R.  0.111, 0.311, 1.80(f)(4).
18  47 U.S.C.  504(a).
19 See 47 C.F.R.  1.1914.