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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of                     )                               
                                              File No. EB-09-SE-137       
     Calvary Chapel of Costa Mesa, Inc.   )                               
                                              NAL/Acct. No. 200932100077  
     FM Radio Station KWVE                )                               
                                              FRN No. 0006377303          
     San Clemente, California             )                               


   Adopted: November 13, 2009 Released: November 13, 2009

   By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

    1. In this Order, we reconsider on our own motion and set aside pursuant
       to Section 1.113 of the Commission's Rules ("Rules") the Notice of
       Apparent Liability for Forfeiture ("NAL") issued to Calvary Chapel of
       Costa Mesa, Inc. ("Calvary Chapel"), licensee of FM radio station
       KWVE, in the above-captioned proceeding on September 17, 2009. The NAL
       was issued to Calvary Chapel for transmitting an unauthorized Required
       Monthly Test ("RMT") of the Emergency Alert System ("EAS") in a manner
       that was not in accordance with the procedures specified in the EAS
       Operating Handbook, in violation of Section 11.61 of the Rules.

    2. In taking this action, we are mindful of the unique circumstances at
       issue, including the voluntary and critical nature of the service
       provided by local primary stations in enabling statewide EAS activity,
       as well as the isolated nature of the particular violation, which
       occurred while Calvary Chapel was conducting regularly scheduled
       mandatory testing designed to identify problems prior to a real
       emergency or natural disaster. Thus, while we seek strict compliance
       in the EAS arena given the national interests at stake, and while no
       one factor standing alone would justify modification of the proposed
       NAL, we conclude after further consideration of the totality of the
       evidence that a different approach is warranted in this limited

    3. Therefore, in lieu of the NAL, we hereby admonish Calvary Chapel for
       its violation of Section 11.61 of the Rules. We also reiterate the
       significance of ensuring public safety through strict compliance with
       EAS testing regulations and remind Calvary Chapel of its obligation to
       execute these vital tests in accordance with the EAS Handbook and
       Commission rules. To ensure that the multiple errors that led to the
       violations have been addressed, we direct Calvary Chapel to submit
       within ninety (90) days from the release of this Order a compliance
       report (i) describing all EAS compliance measures undertaken since
       October 18, 2008 (e.g., any employee training or changes in station
       protocols) designed to prevent a recurrence of the violations at issue
       here, along with (ii) a certification by an officer of the company to
       the accuracy of such report.

    4. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and
       1.113 of the Rules, the Notice of Apparent Liability for Forfeiture
       released on September 17, 2009 IS HEREBY SET ASIDE.

    5. IT IS FURTHER ORDERED that in lieu of the September 17, 2009 Notice of
       Apparent Liability for Forfeiture, Calvary Chapel of Costa Mesa, Inc.
       IS ADMONISHED for transmitting an unauthorized RMT of the EAS and
       failing to transmit the End of Message code as well as the message
       advising that the test had been concluded as set forth in Section
       11.61 of the Rules and the EAS Operating Handbook and SHALL SUBMIT a
       compliance report as set forth herein.

    6. IT IS FURTHER ORDERED that the Petition for Reconsideration filed by
       Calvary Chapel of Costa Mesa, Inc. IS hereby DISMISSED AS MOOT.

   7. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first
   class mail and certified mail, return receipt requested, to Charles W.
   Smith, President, Calvary Chapel of Costa Mesa, Inc., 3000 W. Macarthur
   Blvd., Suite 500, Santa Ana, CA 92704, and to Lauren A. Colby, Esq., 10
   East 4th Street, Frederick, MD 21701.


   Kathryn S. Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   47 C.F.R. S: 1.113.

   Calvary Chapel of Costa Mesa, Inc., Notice of Apparent Liability for
   Forfeiture, DA 09-2053 (Enf. Bur., Spectrum Enf. Div., released September
   17, 2009).

   The Emergency Alert System 2007 AM and FM Handbook ("EAS Operating
   Handbook") can be found at

   47 C.F.R. S:11.61.

   On September 18, 2009, Calvary Chapel filed a pleading styled as a
   Petition for Reconsideration. Given the action we take herein, we dismiss
   this petition as moot and therefore need not address the specific
   arguments raised by the licensee.

   See In the Matter of Amendment of Part 73, Subpart G, and the Commission's
   Rules Regarding the Emergency Broadcast System, First Report and Order, 10
   FCC Rcd 1786, 1825-26, 1837 (1994).

   47 C.F.R. S:S: 0.111, 0.311 and 1.113.

                  Federal Communications Commission DA 09-2421

   Federal Communications Commission DA 09-

                  Federal Communications Commission DA 09-2421