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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
File No.: EB-11-HU-0024
Aleluya Christian Broadcasting, Inc. )
Licensee of Station KBRZ ) 201232540001
Missouri City, Texas ) FRN: 0005014428
Facility ID # 12156 )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER
Adopted: October 25, 2011 Released: October 25, 2011
By the Resident Agent, Houston Office, South Central Region, Enforcement
1. In this Notice of Apparent Liability for Forfeiture and Order ("NAL"),
we find that Aleluya Christian Broadcasting, Inc. ("ACB"), licensee of
Station KBRZ, in Missouri City, Texas, apparently willfully and
repeatedly violated section 73.1745(a) of the Commission's rules
("Rules") by failing to operate within authorized power limitations.
We conclude that ACB is apparently liable for a forfeiture in the
amount of four thousand dollars ($4,000). In addition, no later than
30 days from the date of this NAL, ACB must submit a statement signed
under penalty of perjury that it is operating its station at night at
authorized power levels.
2. Station KBRZ is authorized to operate under a Special Temporary
Authorization ("STA") on 1460 KHz with 3200 watts during the day and
with 100 watts at night. On July 7 and 11, 2011, in response to a
complaint of overpower nighttime operations, an agent from the
Enforcement Bureau's Houston Office ("Houston Office") monitored the
field strength of Station KBRZ's transmissions before and after
sunset. On both days, the agent observed no noticeable change in field
strength. On July 18, 2011, an agent from the Houston Office observed
that the field strength measurements taken at night on July 7 and 11,
2011 were approximately the same value as the field strength
measurements of Station KBRZ's transmissions taken during the day when
it was operating at a full daytime power of 3200 watts, thereby
confirming Station's KBRZ's overpower operations at night.
3. Section 503(b) of the Communications Act of 1934, as amended ("Act"),
provides that any person who willfully or repeatedly fails to comply
substantially with the terms and conditions of any license, or
willfully or repeatedly fails to comply with any of the provisions of
the Act or of any rule, regulation or order issued by the Commission
thereunder, shall be liable for a forfeiture penalty. 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. The legislative history to section 312(f)(1) of the
Act clarifies that this definition of willful applies to both section
312 and 503(b) of the Act and the Commission has so interpreted the
term in the section 503(b) context. The Commission may also assess a
forfeiture for violations that are merely repeated, and not willful.
The term "repeated" means the commission or omission of such act more
than once or for more than one day.
4. Section 73.1745(a) of the Rules requires that no broadcast station
shall operate at times, or with modes or power, other than those
specified and made a part of the license. Station KBRZ is authorized
to operate with 3200 watts during the day and with 100 watts at night.
On July 7 and 11, 2011, an agent from the Houston Office observed
Station KBRZ operating with its daytime power of 3200 watts after
sunset. Based on the evidence before us, we find that ACB apparently
willfully and repeatedly violated section 73.1745(a) of the Rules by
failing to operate within authorized power limitations.
5. Pursuant to the Commission's Forfeiture Policy Statement and section
1.80 of the Rules, the base forfeiture amount for exceeding power
limits is $4,000. In assessing the monetary forfeiture amount, we must
also take into account the statutory factors set forth in section
503(b)(2)(E) of the Act, which include the nature, circumstances,
extent, and gravity of the violations, 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.
Applying the Forfeiture Policy Statement, section 1.80 of the Rules,
and the statutory factors to the instant case, we conclude that ACB is
apparently liable for a total forfeiture of $4,000, for operating
overpower at night.
6. We direct ACB to submit a statement signed under penalty of perjury by
an officer or director of ACB stating that Station KBRZ is decreasing
power after sunset as specified in its station authorization. This
statement must be provided to the Houston Office at the address listed
in paragraph 11 within thirty days of the release date of this NAL.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the
Communications Act of 1934, as amended, and sections 0.111, 0.204,
0.311, 0.314 and 1.80 of the Commission's rules, Aleluya Christian
Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A
FORFEITURE in the amount of four thousand dollars ($4,000) for
violations of sections 73.1745(a) of the Rules.
8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the
Commission's rules within thirty days of the release date of this
Notice of Apparent Liability for Forfeiture and Order, Aleluya
Christian Broadcasting, Inc. SHALL PAY the full amount of the proposed
forfeiture or SHALL FILE a written statement seeking reduction or
cancellation of the proposed forfeiture.
9. IT IS FURTHER ORDERED that Aleluya Christian Broadcasting, Inc. SHALL
SUBMIT a statement as described in paragraph 6, supra, to the Houston
Office within thirty days of the release date of this Notice of
Apparent Liability for Forfeiture and Order.
10. Payment of the forfeiture must be made by credit card, check or
similar instrument, payable to the order of the Federal Communications
Commission. The payment must include the Account Number and FRN Number
referenced above. Payment by check or money order may be mailed to
Federal Communications Commission, P.O. Box 979088, St. Louis, MO
63197-9000. Payment by overnight mail may be sent to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101. Payment by wire transfer may be made to ABA Number
021030004, receiving bank TREAS/NYC, and account number 27000001. For
payment by credit card, an FCC Form 159 (Remittance Advice) must be
submitted. When completing the FCC Form 159, enter the NAL/Account
number in block number 23A (call sign/other ID), and enter the letters
"FORF" in block number 24A (payment type code). Requests for full
payment under an installment plan should be sent to: Chief Financial
Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625,
Washington, D.C. 20554.8 If you have questions regarding payment
procedures, please contact the Financial Operations Group Help Desk at
1-877-480-3201 or Email:. If payment is made, Aleluya Christian
Broadcasting Inc. will send electronic notification on the date said
payment is made to SCR-Response@fcc.gov.
11. The written statement seeking reduction or cancellation of the
proposed forfeiture, if any, must include a detailed factual statement
supported by appropriate documentation and affidavits pursuant to
sections 1.80(f)(3) and 1.16 of the Rules. Mail the written statement
to Federal Communications Commission, Enforcement Bureau, South
Central Region, Houston Office, 9597 Jones Road #362, Houston, Texas,
77065 and include the NAL/Acct. No. referenced in the caption. Aleluya
Christian Broadcasting, Inc. also shall email the written response to
12. The Commission will not consider reducing or canceling a forfeiture in
response to a claim of inability to pay unless the petitioner 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 petitioner'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.
13. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture and Order shall be sent by both Certified Mail, Return
Receipt Requested, and regular mail, to Aleluya Christian
Broadcasting, Inc. at 912 Curtis Avenue, Houston, Texas 77502.
FEDERAL COMMUNICATIONS COMMISSION
Lee R. Browning
South Central Region
47 C.F.R. S: 73.1745(a).
See Letter from Charles N. Miller, Engineer, Audio Division, Media Bureau,
to Lauren Lynch Flick, Esq., Pillsbury Winthrop Shaw Pittman LLP, dated
May 20, 2011. Station KBRZ's license lists 7:30 P.M. local standard time
(8:30 P.M. C.D.T) as the average time of sunset for July. See License File
47 U.S.C. S: 503(b).
47 U.S.C. S: 312(f)(1).
H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) ("This provision
[inserted in section 312] defines the terms `willful' and `repeated' for
purposes of section 312, and for any other relevant section of the act
(e.g., section 503).... As defined ... `willful' means that the licensee
knew that he was doing the act in question, regardless of whether there
was an intent to violate the law. `Repeated' means more than once, or
where the act is continuous, for more than one day. Whether an act is
considered to be `continuous' would depend upon the circumstances in each
case. The definitions are intended primarily to clarify the language in
sections 312 and 503, and are consistent with the Commission's application
of those terms ...").
See, e.g., Application for Review of Southern California Broadcasting Co.,
Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991).
See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
Monetary Forfeiture, 16 FCC Rcd 1359, 1362 P: 10 (2001) ("Callais
Cablevision, Inc.") (proposing a forfeiture for, inter alia, a cable
television operator's repeated signal leakage).
Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
to violations for which forfeitures are assessed under section 503(b) of
the Act, provides that "[t]he term 'repeated', when used with reference to
the commission or omission of any act, means the commission or omission of
such act more than once or, if such commission or omission is continuous,
for more than one day." See Callais Cablevision, Inc.
47 C.F.R. S: 73.1745(a).
The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
12 FCC Rcd 17087 (1997) ("Forfeiture Policy Statement"), recon. denied, 15
FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.
47 U.S.C. S: 503(b)(2)(E).
47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314, 1.80,
8 See 47 C.F.R. S: 1.1914.
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Federal Communications Commission DA 11-1779
Federal Communications Commission DA 11-1779