Click here for Adobe Acrobat version
Click here for Microsoft Word version
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
Federal Communications Commission
Washington, D.C. 20554
In the Matter of Iglesia Cristiana Ebenezer of Greenville, TX Licensee of
Station KYLP-LP Greenville, Texas ) ) ) ) ) ) ) File No.:
EB-FIELDSCR-12-00004371 NAL/Acct. No.: 201332500003 FRN: 0015575970
Facility ID No.: 135673
NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER
Adopted: May 6, 2013 Released: May 6, 2013
By the District Director, Dallas Office, South Central Region, Enforcement
1. In this Notice of Apparent Liability for Forfeiture and Order (NAL),
we find that Iglesia Cristiana Ebenezer of Greenville, TX (Iglesia),
licensee of Station KYLP-LP (Station), in Greenville, Texas,
apparently willfully and repeatedly violated Section 11.35(a) of the
Commission's rules (Rules),^ by failing to install Emergency Alert
System (EAS) equipment and maintain EAS logs. We conclude that Iglesia
is apparently liable for a forfeiture in the amount of nine thousand
dollars ($9,000). In addition, we direct Iglesia to submit, no later
than thirty (30) calendar days from the release date of this NAL, a
statement signed under penalty of perjury stating that Station KYLP-LP
has installed operational EAS equipment and otherwise complies with
the EAS rules.
2. On March 7, 2012, in response to an unrelated complaint about the
Station, an agent from the Dallas Office of the Enforcement Bureau
(Dallas Office) inspected the main studio for Station KYLP-LP and
observed that the station had no EAS equipment installed at the
studio. On March 16, 2012, the agent also confirmed that the Station
had not installed any EAS equipment at its transmitter site. Moreover,
Station KYLP had no EAS logs demonstrating that EAS equipment had ever
been installed or operational at the station.^
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 Sections 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.^
A. Failure to Install EAS Equipment and Maintain EAS Logs
4. Every broadcast station is part of the nationwide EAS network and is
categorized as a participating national EAS source unless the station
affirmatively requests authority to refrain from participation, and
that request is approved by the Commission.^ The EAS enables the
President and the state and local governments to provide immediate and
emergency communications and information to the general public.^ State
and local area plans identify local primary sources responsible for
coordinating carriage of common emergency messages from the sources
such as the National Weather Service or local emergency management
officials.^ Required monthly and weekly tests originate from EAS Local
or State Primary sources and must be retransmitted by the
participating station. As the nation's emergency warning system, the
Emergency Alert System is critical to the public safety, and we
recognize the vital role that broadcasters play in ensuring its
success. The Commission takes seriously any violations of the Rules
implementing the EAS and expects full compliance from its licensees.
5. The evidence in this case is sufficient to establish that Iglesia
violated Section 11.35(a) of the Rules. Section 11.35(a) of the Rules
requires all broadcast stations to ensure that EAS encoders, EAS
decoders, and attention signal generating and receiving equipment are
installed and operational so that the monitoring and transmitting
functions are available during the times the station is in operation.^
On March 7, 2012, and March 16, 2012, an agent from the Dallas Office
observed that Station KYLP-LP had no installed EAS equipment at either
its main studio or transmitter site. The Station also had no EAS logs
showing that the Station ever had any operational EAS equipment. Based
on the evidence before us, we find that Iglesia apparently willfully
and repeatedly violated Section 11.35(a) of the Rules by failing to
install EAS equipment and maintain EAS logs.
B. Proposed Forfeiture and Reporting Requirement
6. Pursuant to the Commission's Forfeiture Policy Statement and Section
1.80 of the Rules, the base forfeiture amount for failing to install
EAS equipment is $8,000.^ 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.^ We find that Iglesia's failure to maintain any EAS logs for
the Station warrants an upward adjustment of $1,000. Applying the
Forfeiture Policy Statement, Section 1.80 of the Rules, and the
statutory factors to the instant case, we conclude that Iglesia is
apparently liable for a forfeiture in the amount of $9,000.
7. We further order Iglesia to submit a written statement, pursuant to
Section 1.16 of the Rules,^ signed under penalty of perjury by an
officer or director of Iglesia, stating that Station KYLP-LP has
installed operational EAS equipment as required, and otherwise
complies with the EAS rules. This statement must be provided to the
Dallas Office at the address listed in paragraph 10 within thirty (30)
calendar days of the release date of this NAL.
IV. ORDERING CLAUSES
8. 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, Iglesia Cristiana
Ebenezer of Greenville, TX is hereby NOTIFIED of this APPARENT
LIABILITY FOR A FORFEITURE in the amount of nine thousand dollars
($9,000) for violations of Section 11.35(a) of the Rules.^
9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
Commission's rules, within thirty (30) calendar days of the release
date of this Notice of Apparent Liability for Forfeiture and Order,
Iglesia Cristiana Ebenezer of Greenville, TX SHALL PAY the full amount
of the proposed forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture.
10. IT IS FURTHER ORDERED that Iglesia Cristiana Ebenezer of Greenville,
TX SHALL SUBMIT a written statement, as described in paragraph 7,
within thirty (30) calendar days of the release date of this Notice of
Apparent Liability for Forfeiture and Order. The statement must be
mailed to Federal Communications Commission, Enforcement Bureau, South
Central Region, Dallas Office, 9330 LBJ Freeway, Suite 1170, Dallas,
Texas 75243. Iglesia shall also e-mail the written statement to
11. Payment of the forfeiture must be made by check or similar instrument,
wire transfer, or credit card, and must include the NAL/Account number
and FRN referenced above. Iglesia Cristiana Ebenezer of Greenville, TX
shall also send electronic notification on the date said payment is
made to SCR-Response@fcc.gov. Regardless of the form of payment, a
completed FCC Form 159 (Remittance Advice) must be submitted.^ When
completing the FCC Form 159, enter the Account Number in block number
23A (call sign/other ID) and enter the letters "FORF" in block number
24A (payment type code). Below are additional instructions you
should follow based on the form of payment you select:
* Payment by check or money order must be made payable to the order of
the Federal Communications Commission. Such payments (along with the
completed Form 159) must be mailed to Federal Communications
Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
via overnight mail to U.S. Bank - Government Lockbox #979088,
SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
* Payment by wire transfer must be made to ABA Number 021030004,
receiving bank TREAS/NYC, and Account Number 27000001. To complete
the wire transfer and ensure appropriate crediting of the wired funds,
a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
the same business day the wire transfer is initiated.
* Payment by credit card must be made by providing the required credit
card information on FCC Form 159 and signing and dating the Form 159
to authorize the credit card payment. The completed Form 159 must then
be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101.
12. Any request for making full payment over time under an installment
plan should be sent to: Chief Financial Officer--Financial
Operations, Federal Communications Commission, 445 12th Street, S.W.,
Room 1-A625, Washington, D.C. 20554.^ If you have questions
regarding payment procedures, please contact the Financial Operations
Group Help Desk by phone, 1-877-480-3201, or by e-mail,
13. 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 1.16 and 1.80(f)(3) of the Rules.^ Mail the written statement
to Federal Communications Commission, Enforcement Bureau, South
Central Region, Dallas Office, 9330 LBJ Freeway, Suite 1170, Dallas,
Texas 75243, and include the NAL/Acct. No. referenced in the caption.
Iglesia Cristiana Ebenezer of Greenville, TX also shall e-mail the
written response to SCR-Response@fcc.gov.
14. 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 principles (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
15. 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 First Class Mail to Iglesia Cristiana Ebenezer
of Greenville, TX at 3207 Forest Lane, Garland, Texas 74042.
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
South Central Region
^ File No. EB-FIELDSCR-12-00004371 incorporates the contents of File No.
^ 47 C.F.R. S 11.35(a).
^ See 47 C.F.R. SS 11.35(b) (requiring licensees to log when EAS equipment
is removed for repair or replacement), 73.1820(a)(1)(iii) (requiring
licensees to maintain a log for each test and activation of EAS
^ 47 U.S.C. S 503(b).
^ 47 U.S.C. S 312(f)(1).
^ H.R. Rep. No. 97-765, 97^th 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), recons.
denied, 7 FCC Rcd 3454 (1992).
^ See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
Monetary Forfeiture, 16 FCC Rcd 1359, 1362, para. 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., 16 FCC Rcd at
^ 47 C.F.R. SS 11.11, 11.19, 11.41.
^ 47 C.F.R. SS 11.1, 11.21.
^ 47 C.F.R. S 11.18. State EAS plans contain guidelines that must be
followed by broadcast and cable personnel, emergency officials and
National Weather Service personnel to activate the EAS for state and local
emergency alerts. The state plans include the EAS header codes and
messages to be transmitted by the primary state, local and relay EAS
sources. 47 C.F.R. S 11.21.
^ 47 C.F.R. S 11.35(a). See also supra note 3.
^ 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), recons.
denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S 1.80.
^ 47 U.S.C. S 503(b)(2)(E).
^ 47 C.F.R. S 1.16.
^ 47 U.S.C. S 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314, 1.80,
^ An FCC Form 159 and detailed instructions for completing the form may be
obtained at http://www.fcc.gov/Forms/Form159/159.pdf.
^ See 47 C.F.R. S 1.1914.
^ 47 C.F.R. SS 1.16, 1.80(f)(3).
(...continued from previous page)
Federal Communications Commission DA 13-1004
Federal Communications Commission DA 13-1004