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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554

     In the Matter of                   File No.:  EB-10-TP-0085     
     Power Ministries                   Facility ID No.: 133335      
     Licensee of Station WRLE-LP,       NAL/Acct. No.: 201132700008  
     Dunnellon, Florida                 FRN: 0005344668              

                                FORFEITURE ORDER

   Adopted: January 18, 2012 Released: January 18, 2012

   By the Regional Director, South Central Region, Enforcement Bureau:


    1. In this Forfeiture Order (Order), we issue a monetary forfeiture in
       the amount of one thousand five hundred dollars ($1,500) to Power
       Ministries (Power), licensee of Station WRLE-LP, in Dunnellon, Florida
       (the Station) for willful and repeated violation of section
       73.1660(a)(2) of the Commission's rules (Rules). The noted violations
       involved Power's failure to operate the Station with an FCC (Federal
       Communications Commission) certified transmitter.


    2. On September 7, 2011, the Enforcement Bureau's Tampa Office (Tampa
       Office) issued a Notice of Apparent Liability for Forfeiture  (NAL) 
       to Power for operation of the Station with a non-certified
       transmitter. As discussed in detail in the NAL, agents from the Tampa
       Office determined that Power operated the Station with a non-certified
       transmitter from March 19, 2010 until June 11, 2010. In view of the
       record evidence and the fact that Power's operations caused
       interference to the Federal Aviation Administration's (FAA's) Air
       Traffic Control frequency, the NAL proposed a $12,000 forfeiture
       against Power for violation of section 73.1660(a)(2) of the Rules.
       Power submitted a response to the NAL, requesting a reduction due to
       "financial hardship."


    3. The proposed forfeiture amount in this case was assessed in accordance
       with section 503(b) of the Act, section 1.80 of the Rules, and the
       Forfeiture Policy Statement. In examining Power'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. As discussed below, we have considered Power's response in
       light of these statutory factors, and we reduce the forfeiture to
       $1,500 based solely on its documented inability to pay.

    4. As set forth in the NAL, agents from the Tampa Office determined that
       Power operated the Station with a non-certified transmitter from March
       19, 2010 until June 11, 2010. In its response to the NAL, Power does
       not deny these facts. It states, however, that "[i]t was my
       understanding that if the station was shut down immediately and I
       complied with the direction of your office that no further action
       would be taken. I did comply and shut down the station until the
       transmitter that I had repaired arrived a few weeks later. I was not
       aware that there was any interference."

    5. The Commission expects parties to take post-inspection corrective
       action to come into compliance with the Rules, however, and such
       action does not nullify or mitigate any prior violations. Moreover,
       while Power may have been unaware that it was causing interference to
       the FAA prior to June 11, 2010, on that day an agent from the Tampa
       Office clearly told both the representative at the Station and the
       Station's owner via telephone that the Station's operations were
       causing interference. As discussed in more detail in the NAL, both the
       representative and owner deliberately disregarded the agent's request
       that they immediately turn off the Station's transmitter in order to
       abate the dangerous and ongoing safety hazard to air traffic control.
       Instead, they allowed the transmitter to continue to operate
       unlawfully for another 30 minutes before finally complying with the
       agent's request.  Accordingly, we find that Power willfully and
       repeatedly violated section 73.1660(a)(2) of the Rules by operating
       the Station with a non-certified transmitter and that the upward
       adjustment in the proposed forfeiture was appropriate.

    6. Regarding Power's inability to pay claim, the Commission has
       determined in such cases that, in general, gross revenues are the best
       indicator of an ability to pay a forfeiture. Based on the financial
       documents and other materials provided by Power, we find sufficient
       basis to reduce the forfeiture to $1,500.


    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(f)(4) of the Commission's rules, Power
       Ministries IS LIABLE FOR A MONETARY FORFEITURE in the amount of one
       thousand five hundred dollars ($1,500) for violations of section
       73.1660(a)(2) of the Commission's rules.

    8. Payment of the forfeiture shall be made in the manner provided for in
       section 1.80 of the Rules within thirty (30) calendar 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
       enforcement pursuant to section 504(a) of the Act. 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/Account Number and FRN 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.   Please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or Email:  with any questions
       regarding payment procedures. Power Ministries shall also send
       electronic notification on the date said payment is made to

    9. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
       First Class and Certified Mail Return Receipt Requested to Power
       Ministries at 3092 SW Harbor Hills Road, Dunnellon, Florida 34431.


   Dennis P. Carlton

   Regional Director, South Central Region

   Enforcement Bureau

   47 C.F.R. S: 73.1660(a)(2).

   Power Ministries, Notice of Apparent Liability for Forfeiture, 26 FCC Rcd
   12717 (Enf. Bur. 2011).

   Id. A comprehensive recitation of the facts and history of this case can
   be found in the NAL and is incorporated herein by reference.

   Id. at 12717-12718.

   Letter from Anthony Downes, Owner of Power Ministries, to Federal
   Communications Commission, dated September 19, 2011 (NAL Response).

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

   47 C.F.R. S: 1.80.

   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), recon. denied, 15 FCC Rcd 303 (1999) (Forfeiture
   Policy Statement).

   47 U.S.C. S: 503(b)(2)(E).

   NAL, 26 FCC Rcd at 12717-12718.

   NAL Response at 1.

   See International Broadcasting Corporation, Order on Review, 25 FCC Rcd
   1538 (2010); Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099

   NAL, 26 FCC Rcd at 12717.

   See PJB Communications of Virginia, Inc., Forfeiture Order, 7 FCC Rcd
   2088, 2089 (1992) (forfeiture not deemed excessive where it represented
   approximately 2.02 percent of the violator's gross revenues); Local Long
   Distance, Inc., Forfeiture Order, 16 FCC Rcd 24385 (2000) (forfeiture not
   deemed excessive where it represented approximately 7.9 percent of the
   violator's gross revenues); Hoosier Broadcasting Corporation, Forfeiture
   Order, 15 FCC Rcd 8640 (2002) (forfeiture not deemed excessive where it
   represented approximately 7.6 percent of the violator's gross revenues).

   This forfeiture amount falls within the percentage range that the
   Commission has previously found acceptable. See supra note 14. If Power
   believes that the reduced forfeiture still poses a financial hardship, it
   may request full payment in installments as described in paragraph 7.

   47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314,
   1.80(f)(4), 73.1660(a)(2).

   47 U.S.C. S: 504(a).

   Federal Communications Commission DA 12-57


   Federal Communications Commission DA 12-57