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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554
In the Matter of                 )
Faith Bible College, Inc.        )       File Number EB-02-TP-221
Licensee of FM Broadcast         )     NAL/Acct. No. 200232700010
Station WTGF                     )
Milton, Florida                  )             FRN:  0006-7335-47


                                        Released:  June 4, 2002 `

By the Enforcement Bureau, Tampa Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that Faith Bible College,  Inc. (``Faith''), licensee of  FM 
broadcast station  WTGF in  Milton, Florida,  willfully  violated 
Section 11.35(a) of the Commission's Rules (``Rules'') by failing 
to  maintain   operational  Emergency   Alert  System   (``EAS'') 
equipment.1  We  conclude  that  Faith  Bible  College,  Inc.  is 
apparently liable  for  a  forfeiture  in  the  amount  of  eight 
thousand dollars ($8,000).

                         II.  BACKGROUND

     2.   On March 13,  2002, an agent  from the FCC  Enforcement 
Bureau's  Tampa  Field  Office  inspected  Faith's  FM  broadcast 
station WTGF, Milton, Florida.  The inspection revealed that  the 
station had EAS equipment installed but the equipment was  turned 
off.  WTGF's Chief of Operations stated that the EAS decoder  had 
a speaker  problem and  had not  been operational  for one  week.  
There were  no logs  available  at the  time of  inspection  that 
indicated any equipment failures, that the equipment was  removed 
from service, or  that the  station ever  conducted the  required 
weekly and monthly EAS tests.

                        III.  DISCUSSION

     3.     Section  11.35(a)  of  the  Rules  sets  forth   that 
broadcast  stations  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  are in operation.  Additionally,  entries 
must be made  in the  broadcast station log  indicating that  EAS 
equipment has been taken  out of service  for repair and  reasons 
why required tests were not conducted.2   On March 13, 2002,  the 
installed EAS equipment at WTGF was turned off and thus incapable 
of operation.  Also,  there were  no entries in  the station  log 
indicating equipment  malfunction  or  repair,  nor  reasons  for 
failure to conduct required EAS tests.

     4.   Based on the evidence before us, we find that on  March 
13, 2002, Faith Bible  College, Inc. willfully3 violated  Section 
11.35(a)  of  the  Rules  by  failing  to  maintain   operational 
readiness of its EAS equipment.

     5.   Pursuant to Section 1.80(b)(4)  of the Rules, the  base 
forfeiture amount for EAS equipment not installed or  operational 
is $8,000.4  Section  503(b)(2)(D) of the  Communications Act  of 
1934, as  amended (``Act''),  requires us  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 
other such matters  as justice may  require.''5  Considering  the 
entire record and  applying the statutory  factors listed  above, 
this case warrants an $8,000 forfeiture.

                      IV.  ORDERING CLAUSES

     6.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,6 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,7 Faith  Bible  College, Inc.  is  hereby NOTIFIED  of  its 
APPARENT LIABILITY  FOR  A  FORFEITURE in  the  amount  of  eight 
thousand  dollars  ($8,000)  for  willful  violation  of  Section 
11.35(a) of the Commission's Rules.

     7.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty days of the release date of this  NOTICE 
OF APPARENT LIABILITY,  Faith Bible College,  Inc. SHALL PAY  the 
full amount of the  proposed forfeiture or  SHALL FILE a  written 
statement seeking  reduction  or  cancellation  of  the  proposed 

     8.   Payment of  the forfeiture  may be  made by  mailing  a 
check or similar instrument, payable to the order of the  Federal 
Communications Commission, to the Forfeiture Collection  Section, 
Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 
73482, Chicago, Illinois  60673-7482.  The  payment must  include 
the FRN and NAL/Acct. No. referenced in the letterhead above.

     9.   The  response,  if  any,  must  be  mailed  to  Federal 
Communications Commission,  Office  of the  Secretary,  445  12th 
Street, SW,  Washington,  DC  20554,  Attn:  Enforcement  Bureau-
Technical  &  Public  Safety  Division,  and  MUST  INCLUDE   THE 
NAL/Acct. No. and FRN referenced in the letterhead above.

     10.  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 practices  (``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  documentation 

     11.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to:  Federal  Communications   Commission,  Chief,  Revenue   and 
Receivables Operations Group, 445 12th Street, S.W.,  Washington, 
D.C. 20554.8 

     12.                                                  IT   IS 
shall be sent by Certified Mail Return Receipt Requested to Faith 
Bible College, Inc., 1207 Hamilton Bridge Road, Milton, FL 32570.

                              FEDERAL COMMUNICATIONS COMMISSION

                              Ralph M. Barlow
                              District Director, Tampa Office
                              Enforcement Bureau

1 47 C.F.R.  11.35(a), 17.4(a)
2 47 C.F.R.  11.35(a)-(b)
3 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies equally to Section 503(b) of the Act, provides that 
``[t]he term `willful,' when used with reference to the 
commission or omission of any act, means the conscious and 
deliberate commission or omission of such act, irrespective of 
any intent to violate any provision of this Act ....''  See 
Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).
4 47 C.F.R.  1.80(b)(4)
5 47 U.S.C.  503(b)(2)(D)
6 47 U.S.C.  503(b).
7 47 C.F.R.  0.111, 0.311, 1.80.
8 See 47 C.F.R.  1.1914.