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FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the Matter of )
) File No. EB-99-OR-231
Miracle Assembly of God )
P. O. Box 1307 )
Buras, Louisiana 70041-1307 )
) NAL Acct. No 915OR0005
Licensee of Station KAGY(AM) )
1. The Enforcement Bureau of the Federal Communications
Commission and Miracle Assembly of God hereby enter into
this Consent Decree for the purpose of terminating a
forfeiture proceeding arising from an investigation
related to Miracle Assembly of God's failure to enclose
an antenna tower which has radio frequency potential at
its base with an effective locked fence or enclosure.
2. Agents from the Commission's New Orleans Field Office
conducted an inspection of Station KAGY(AM) on June 8,
1999. KAGY(AM) had a series fed, insulated antenna that
had radio frequency potential at its base. The agents
observed that the fence enclosing the antenna of KAGY(AM)
had fallen down and was no longer effectively preventing
access to the base of the antenna. Four other violations
of Commission Rules were observed. During the inspection,
the licensee's representative admitted that he was aware
that the fence had fallen, but had failed to make
3. In June 1999, the New Orleans Field Office issued a
Notice of Violation to Miracle Assembly of God
(``Miracle'') detailing the violations. Miracle replied
and satisfactorily resolved two of the violations.
4. On September 30, 1999, the Commission's New Orleans
Field Office issued a Notice of Apparent Liability for
Forfeiture (``NAL'') to Miracle finding it apparently
liable for a forfeiture in the amount of $7,000.1 The
NAL stated that Miracle had failed to have KAGY(AM)'s
antenna enclosed with an effective locked fence or other
enclosure from at least May 20, 1999 through June 8,
1999, despite its representative's knowledge that the
fence had fallen down. The NAL stated that Miracle had
apparently violated Section 73.49 of the Commission's
Rules, 47 C.F.R. Section 73.49.
5. On October 25, 1999, Miracle submitted a response to
the NAL and requested that the Commission forgive the
forfeiture or greatly reduce it. Pastor Max Latham, on
behalf of Miracle, stated that the whole fence had not
fallen down but only a portion of it had rusted and
fallen. He stated that he had put a new chain and lock
on the gate, and had not been aware that the antenna
presented a potentially lethal situation. He stated that
the station is located in a very remote area and that he
had no experience with antennas. Miracle further stated
that KAGY(AM) had operated at a $2,874 loss in 1999 and
had been for sale for a lengthy period of time for
$12,500 and that it had just found a buyer. Miracle
further stated that the station had generated no income
other than small donations and that those had decreased
as families moved out of the area.
6. For the purposes of this Consent Decree, the following
definitions shall apply:
(a) The ``Commission'' means the Federal
(b) The ``Bureau'' means the Enforcement Bureau of the
(c) The ``Order'' means the Bureau's order adopting
this Consent Decree.
(d) ``Enforcement Proceeding'' means the investigation
of alleged rule violations of Miracle culminating in
the Notice of Apparent Liability.
(e) The ``Act'' means the Communications Act of 1934,
as amended, 47 U.S.C. §§ 151 et seq.
(f) ``Miracle'' means Miracle Assembly of God,
licensee of radio station KAGY(AM), Buras,
(g) ``Notice of Apparent Liability'' means Miracle
Assembly of God, NAL/Acct. No. 915OR0005 (released
September 30, 1999).
7. Miracle acknowledges and agrees that the Commission has
jurisdiction over the matters referenced in this Consent
Decree and that the Bureau has the authority to enter
into and adopt this Consent Decree.
8. Miracle agrees not to contest the statements in the
Notice of Apparent Liability that Miracle violated
Section 73.49 of the Commission's Rules requiring that
antennas having radio frequency potential at the base be
enclosed with an effectively locked fence or other
enclosure, provided that these findings shall not be used
by the Bureau against Miracle in any other current or
future proceedings before the Bureau, except as set forth
in paragraph 14 of this Consent Decree.
9. Miracle and the Bureau agree that this Consent Decree
does not constitute an adjudication of the merits, or any
finding on the facts or law regarding any violations
committed by Miracle arising out of the Enforcement
Proceeding, and that it is not to be construed as an
admission of the violation by Miracle.
10. Miracle shall make a voluntary contribution to the
United States Treasury in the amount of $500 within 30
calendar days after the Order adopting this Consent
Decree is no longer subject to reconsideration, appeal or
review in accordance with the Act and the Commission's
11. Miracle and the Bureau acknowledge and agree that this
Consent Decree shall constitute a final settlement
12. In express reliance upon the covenants and
representations contained herein, the Bureau agrees to
terminate the Enforcement Proceeding at such time as the
Bureau adopts this Consent Decree.
13. Miracle waives any and all rights it may have to seek
administrative or judicial reconsideration, review,
appeal or stay, or to otherwise challenge or contest the
validity of this Consent Decree and the Order adopting
this Consent Decree, provided the Order adopts the
Consent Decree without modification.
14. In the event that Miracle is found by the Commission or
its delegated authority to have engaged in conduct the
same or similar to that described in paragraph 2 of this
Consent Decree, Miracle and the Bureau agree that the
apparent misconduct described in paragraph 2 may be used
by the Bureau only to fashion an appropriate sanction,
provided that Miracle shall not be precluded or estopped
from litigating de novo any and all of the issues arising
from the facts and allegations presented in the NAL as
necessary to defend, in any forum, its interest from
challenge by any person or entity not a party to this
15. Miracle and the Bureau agree that the effectiveness of
this Consent Decree is expressly contingent upon issuance
of the Order, provided the Order adopts the Consent
Decree without modification.
16. Miracle and the Bureau agree that, in the event any
court of competent jurisdiction renders this Consent
Decree invalid, the Consent Decree shall become null and
void and may not be used in any manner in any legal
17. Miracle and the Bureau agree that, if the Commission,
or the United States on behalf of the Commission, brings
a judicial action to enforce the terms of the Order
adopting this Consent Decree, neither Miracle nor the
Commission will contest the validity of the Consent
Decree or Order, and Miracle will waive any statutory
right to a trial de novo with respect to the matter upon
which the Order is based, and shall consent to a judgment
incorporating the terms of this Consent Decree.
18. Miracle agrees to waive any claims it may otherwise
have under the Equal Access to Justice Act, 5 U.S.C. §
504 and 47 C.F.R. §§ 1.1501 et seq.
19. Miracle agrees that any violation of the Consent Decree
or the Order adopting this Consent Decree will constitute
a separate violation of a Commission order, entitling the
Commission to exercise any rights and remedies attendant
to the enforcement of a Commission order.
20. Any provision of this Consent Decree affected by or
inconsistent with any subsequent rule or order adopted by
the Commission will be superseded by such Commission rule
21. This Consent Decree may be signed in counterparts.
FEDERAL COMMUNICATIONS COMMISSION MIRACLE ASSEMBLY OF GOD
David H. Solomon Max Latham, Pastor
Chief, Enforcement Bureau Miracle
Assembly of God
1 Notice of Apparent Liability for Forfeiture, NAL
Acct. No. 915OR0005 (Compliance & Information Bureau, New
Orleans Office, released September 30, 1999).