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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
Adopted: January 24, 2014 Released: January 24, 2014
By the Regional Director, South Central Region, Enforcement Bureau:
1. In this Forfeiture Order (Order), we issue a monetary forfeiture in
the amount of five thousand dollars ($5,000) to Iglesia Cristiana
Ebenezer of Greenville, TX (Iglesia), licensee of Station KYLP-LP
(Station), in Greenville, Texas, for willful and repeated violation of
Section 11.35(a) of the Commission's rules (Rules).^ The noted
violations involved Iglesia's failure to install Emergency Alert
System (EAS) equipment and maintain EAS logs.
2. On May 6, 2013, the Enforcement Bureau's Dallas Office (Dallas Office)
issued a Notice of Apparent Liability for Forfeiture and Order (NAL) ^
^ to Iglesia for EAS violations. Iglesia submitted a response to the
NAL stating that the Station ordered EAS equipment immediately after
it became aware of the EAS requirements and installed it in April
2012.^ Iglesia requested reduction or cancellation of the proposed
forfeiture due to its "extremely limited revenues" and "no history of
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 Iglesia'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 Iglesia's response in
light of these statutory factors, and find that a reduction of the
forfeiture is warranted based on Iglesia's inability to pay.
4. We conclude that the evidence supports the Bureau's undisputed
findings that Iglesia violated Sections 11.35(a) of the Rules. Section
11.35(a) of the Rules states that EAS Participants are responsible for
ensuring that EAS Encoders, EAS Decoders, and Attention Signal
generating and receiving equipment used as part of the EAS are
installed so that the monitoring and transmitting functions are
available during the times the stations and systems are in operation.^
As reflected in the NAL, 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 undisputed evidence before
us, we find that Iglesia willfully^ and repeatedly^ violated Sections
11.35(a) of the Rules by failing to install EAS equipment and maintain
5. In response to the NAL, Iglesia requested cancellation or reduction of
the proposed $9,000 forfeiture based on its inability to pay and its
history of compliance with the Rules. When faced with claims alleging
an inability to pay, the Commission has determined that, in general,
gross income or revenues are the best indicator of an individual or
entity's ability to pay a forfeiture.^ Based on the financial
documents provided by Iglesia, we find that there is a sufficient
basis to reduce (but not cancel) the forfeiture to $5,000.^ We caution
Iglesia, however, that a party's inability to pay is only one factor
in our forfeiture calculation analysis, and is not dispositive.^ In
this regard, 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 Iglesia's financial
IV. ORDERING CLAUSS
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, Iglesia
Cristiana Ebenezer of Greenville, TX IS LIABLE FOR A MONETARY
FORFEITURE in the amount of five thousand dollars ($5,000) 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 Commission's 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.^ Iglesia Cristiana
Ebenezer of Greenville, TX 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 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,
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 Iglesia
Cristiana Ebenezer of Greenville, TX at at 3207 Forest Lane, Garland,
Texas 74042 and to its counsel, Dan J. Alpert at 2120 N. 21^st Rd,
Arlington, VA 22201.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
^ File No. EB-FIELDSCR-12-00004371 incorporates the contents of File No.
^ 47 C.F.R. S 11.35(a).
^ Iglesia Cristiana Ebenezer of Greenville, TX,, Notice of Apparent
Liability for Forfeiture, 28 FCC Rcd 6300 (Enf. Bur. 2013). 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 Dan J. Alpert, Counsel for Iglesia Cristiana Ebenezer of
Greenville, TX, to District Director, Dallas Office, South Central Region,
Enforcement Bureau at 1 (June 5, 2013) (on file in
EB-FIELDSCR-12-0004371). Although this letter was labeled a "Petition for
Reconsideration," we are treating it as a response to the NAL, because the
NAL was not a final Bureau decision.
^ Id. at 2.
^ 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).
^ 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
^ 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. 47 U.S.C. S 312(f)(1).
^ Section 312(f)(2) of the Act provides that the term "repeated" means the
"commission or omission of such act more than once or for more than one
day." 47 U.S.C. S 312(f)(2).
^ See Local Long Distance, Inc., Forfeiture Order, 16 FCC Rcd 24385 (Enf.
Bur. 2000) (forfeiture not deemed excessive where it represented
approximately 7.9 percent of the violator's gross revenues); Hoosier
Broad. Corp., Forfeiture Order, 15 FCC Rcd 8640 (Enf. Bur. 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 para. 5, note 14. If
Iglesia finds it financially infeasible to make full payment of this
amount within 30 days, it can request an installment plan, as described in
paragraph 8, infra, of this Forfeiture Order. Iglesia also argues for a
reduced forfeiture because of its history of compliance. Because we are
already reducing the forfeiture based on the Licensee's inability to pay
well beyond any reduction Igelsia would receive for the other argument, we
need not address this other claim.
^ 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).
^ See, e.g., Whisler Fleurinor, Forfeiture Order, 28 FCC Rcd 1087 (Enf.
Bur. 2013) (affirming $25,000 forfeiture and rejecting inability to pay
claim because violator was previously afforded a reduction based on
inability to pay, but later committed the same violation). Accord Kevin W.
Bondy, Forfeiture Order, 26 FCC Rcd 7840 (Enf. Bur. 2011) (holding that
violator's repeated acts of malicious and intentional interference
outweigh evidence concerning his ability to pay claim), aff'd, Memorandum
Opinion and Order, 28 FCC Rcd 1170 (Enf. Bur. 2013), aff'd File No.
EB-09-LA-0026, Memorandum Opinion and Order, DA 13-2411, 2013 WL 6705802
(Enf. Bur. Dec. 19, 2013); Hodson Broadcasting Corp., Forfeiture Order, 24
FCC Rcd 13699 (Enf. Bur. 2009) (holding that permittee's continued
unauthorized operation outweighed its inability to pay claim).
^ 47 U.S.C. S 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314, 1.80,
^ 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.
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Federal Communications Commission DA 14-71
Federal Communications Commission DA 14-71