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Federal Communications Commission
Washington, D.C. 20554
In the Matter of Inter-city Christian Youth Program, Inc. Licensee of
Station KCYP-LP Mission, Texas ) ) ) ) ) ) ) File No.:
EB-FIELDSCR-12-00001738 NAL/Acct. No.: 201232540008 FRN: 0016085474
Facility ID No.: 135621
Adopted: March 7, 2013 Released: March 7, 2013
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 seven hundred fifty dollars ($1,750) to
Inter-city Christian Youth Program, Inc. (ICYP), licensee of low power
FM Station KCYP-LP in Mission, Texas (Station), for willfully and
repeatedly violating Section 11.35(a) of the Commission's rules
(Rules).^ The noted violations involved ICYP's failure to install and
maintain operational Emergency Alert System (EAS) equipment.
2. On August 15, 2012, the Enforcement Bureau's Houston Office (Houston
Office) issued a Notice of Apparent Liability for Forfeiture and Order
(NAL) ^ ^ to ICYP for its failure to install EAS equipment. In
response to the NAL, ICYP requests cancellation of the forfeiture due
to its inability to pay the forfeiture.^ ICYP also states that
following the agent's inspection the Station installed an operational
3. The proposed forfeiture amount in this case was assessed in accordance
with Section 503(b) of the Communications Act of 1934, as amended
(Act),^ Section 1.80 of the Rules,^ and the Forfeiture Policy
Statement.^ In examining ICYP's response, Section 503(b)(2)(E) 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 ICYP's response in
light of these statutory factors and find that a reduction of the
forfeiture is warranted.
4. First, we affirm the NAL's undisputed finding that ICYP willfully and
repeatedly 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.^ Section 73.1820(a)(1)(iii) of the Rules requires
licensees to create an entry for each test and activation of the EAS
in the station log or in a special EAS log.^ As discussed in the NAL,
on March 29, 2012, an agent from the Houston Office inspected Station
KCYP-LP and observed that the Station did not have EAS equipment
installed while it was in operation. In addition, the Station could
not provide any evidence or EAS logs documenting that it had
operational EAS equipment installed or that it had ever conducted any
of the required weekly or monthly EAS tests.^ In response to the NAL,
ICYP apologized for its lack of EAS equipment and stated that it was
unaware that low power FM stations were required to have EAS equipment
but that it has since purchased and installed an EAS decoder.^ Thus,
based on the evidence before us, we conclude that ICYP willfully and
repeatedly violated Section 11.35(a) of the Rules by failing to
install and maintain operational EAS equipment.
5. In response to the NAL, ICYP also requests cancellation of the
proposed forfeiture based on its inability to pay. With regard to an
individual or entity's inability to pay claim, the Commission has
determined that, in general, gross revenues are the best indicator of
an ability to pay a forfeiture.^ Based on the financial documents
provided by ICYP, we conclude that a reduction of the forfeiture to
$1,750 is warranted.^ However, we caution ICYP that a party's
inability to pay is only one factor in our forfeiture calculation
analysis, and is not dispositive.^ We have previously rejected
inability to pay claims in cases of repeated or otherwise egregious
violations.^ Therefore, future violations of this kind may result in
significantly higher forfeitures that may not be reduced due to ICYP's
IV. ORDERING CLAUSES
6. 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, Inter-city
Christian Youth Program, Inc. IS LIABLE FOR A MONETARY FORFEITURE in
the amount of one thousand seven hundred fifty dollars ($1,750) for
violations of Section 11.35(a) of the Commission's rules.^
7. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Rules within thirty (30) calendar days after the
release date of this Forfeiture Order.^ If the forfeiture is not paid
within the period specified, the case may be referred to the U.S.
Department of Justice for enforcement of the forfeiture pursuant to
Section 504(a) of the Act.^ Inter-city Christian Youth Program,
Inc. shall send electronic notification of payment to
SCR-Response@fcc.gov on the date said payment is made. The payment
must be made by check or similar instrument, wire transfer, or credit
card, and must include the NAL/Account number and FRN referenced
above. 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.
8. Any request for full payment 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, ARINQUIRIES@fcc.gov.
9. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be
sent by both First Class Mail and Certified Mail, Return Receipt
Requested, to Inter-city Christian Youth Program, Inc. at 2014 Fair Oaks
Dr., Mission, Texas 78574-2000.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
^ 47 C.F.R. S 11.35(a).
^ Inter-city Christian Youth Program, Inc., Notice of Apparent Liability
for Forfeiture and Order, 27 FCC Rcd 9364 (Enf. Bur. 2012). A
comprehensive recitation of the facts and history of this case can be
found in the NAL and is incorporated herein by reference.
^ Letter from Joe L. Martinez, President, Inter-city Christian Youth
Project, Inc., to Houston Office, Enforcement Bureau at 1-2 (Sept. 1,
2012) (on file in EB-FIELDSCR-12-00001738) (NAL Response).
^ Id. at 1.
^ 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), recons. denied, 15 FCC Rcd 303 (1999)
(Forfeiture Policy Statement).
^ 47 U.S.C. S 503(b)(2)(E).
^ See NAL, supra note 2.
^ 47 C.F.R. S 11.35(a). Low power FM stations are not required to have an
EAS encoder. See 47 C.F.R. S 11.11(a).
^ 47 C.F.R. S 73.1820(a)(1)(iii). See also 47 C.F.R. S 11.35 (requiring
licensees to record in EAS log the cause of any failure to receive any EAS
tests and when defective EAS equipment is removed from service).
^ 47 C.F.R. S 11.61.
^ NAL Response at 1.
^ 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 falls within the percentage range that the Commission
has previously found to be not excessive.
^ See 47 U.S.C. S 503(b)(2)(E) (requiring Commission to 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).
^ Kevin W. Bondy, Forfeiture Order, 26 FCC Rcd 7840 (Enf. Bur., Western
Region 2011) (holding that violator's repeated acts of malicious and
intentional interference outweigh evidence concerning his ability to pay)
(petition for reconsideration pending); Hodson Broadcasting Corp.,
Forfeiture Order, 24 FCC Rcd 13699 (Enf. Bur. 2009) (holding that
permittee's continued operation at variance with its construction permit
constituted an intentional and continuous violation, which outweighed
permittee's evidence concerning its ability to pay the proposed
^ 47 U.S.C. S 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314, 1.80(f)(4),
^ 47 C.F.R. S 1.80.
^ 47 U.S.C. S 504(a).
^ 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.
Federal Communications Commission DA 13-356
Federal Communications Commission DA 13-356