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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-OR-356
)
Victory & Power Ministries, Inc. ) NAL/Acct. No.200332620005
Licensee of AM Broadcast Station )
WPFC ) FRN 0008-0778-77
Baton Rouge, Louisiana )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: February 14, 2003
By the Enforcement Bureau, New Orleans Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find Victory & Power Ministries, Inc.
(``Victory Ministries''), licensee of radio station WPFC,
apparently liable for a forfeiture in the amount of twenty-
five thousand dollars ($25,000) for willful violation of
Sections 11.35(a), 73.49, and 73.3526(c) of the Commission's
Rules (``Rules'').1 Specifically, we find Victory
Ministries apparently liable for failing to maintain
operational Emergency Alert System (``EAS'') equipment,
failing to provide an effective locked fence enclosing the
station's antenna tower, and failing to have the station's
public inspection file available for inspection during
regular business hours.
II. BACKGROUND
2. On November 13, 2002, an agent from the FCC
Enforcement Bureau's New Orleans Office inspected AM
broadcast station WPFC located in Baton Rouge, Louisiana.
The station's EAS equipment was not functioning because the
encoder/decoder unit was not connected to any receivers in
order to monitor an incoming alert signal. Station
personnel were unable to produce any logs noting EAS tests
sent or received, or any notation that the unit had been
removed from service for repair. During this inspection,
conducted during regular business hours, station personnel
were unable to locate the station's public inspection file
to make it available for inspection. Upon arrival at the
transmitter site, the agent observed the gate on the fence
enclosing the station's antenna tower was unlocked and
standing open. No person, other than the station's contract
engineer accompanying the agent during the inspection, was
at the antenna tower site when the agent observed the open
gate. The antenna tower had radio frequency potential at
its base and the property was not enclosed in an effective
perimeter fence.
III. DISCUSSION
3. Section 11.35(a) of the Rules states that broadcast
stations and cable systems and wireless cable systems 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 that
the stations or systems are in operation. On November 13,
2002, the station did not have EAS monitoring equipment
installed.
4. Section 73.49 of the Rules states that antenna
towers having radio frequency potential at the base must be
enclosed within effective locked fences or other enclosures.
On November 13, 2002, the gate on the fence enclosing the
antenna tower for station WPFC was observed unlocked and
standing open.
5. Section 73.3526(c) requires that a station's public
inspection file be available for inspection at any time
during regular business hours. During regular business
hours on November 13, 2002, station personnel could not
locate the public inspection file to make it available for
inspection.
6. Based on the evidence before us, we find Victory
Ministries willfully2 violated Sections 11.35(a), 73.49, and
73.3526(c) of the Rules by failing to maintain operational
EAS equipment, failing to provide an effective locked fence
enclosing the station's antenna tower, and failing to have
the station's public inspection file available for
inspection during regular business hours.
7. Pursuant to Section 1.80(b)(4) of the Rules,3 the
base forfeiture amount for failing to have EAS equipment
installed or operational is $8,000, the base forfeiture
amount for violations involving AM tower fencing is $7,000,
and the base forfeiture amount for public inspection file
violations is $10,000. In assessing the monetary forfeiture
amount, we must also take into account the statutory factors
set forth in Section 503(b)(2)(D) of the Communications Act
of 1934, as amended (``Act''), which include 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.4 Considering the entire
record and applying the factors listed above, this case
warrants a $25,000 forfeiture.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of
the Rules,6 Victory & Power Ministries, Inc. is hereby
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of twenty-five thousand dollars ($25,000) for willful
violation of Sections 11.35(a), 73.49, and 73.3526(c) of the
Rules by failing to maintain operational EAS equipment,
failing to provide an effective locked fence enclosing the
station's antenna tower, and failing to have the station's
public inspection file available for public inspection
during regular business hours.
9. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Rules, within thirty days of the release date of
this NAL, Victory & Power Ministries, Inc. SHALL PAY the
full amount of the proposed forfeiture or SHALL FILE a
written statement seeking reduction or cancellation of the
proposed forfeiture.
10. 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 should note the NAL/Acct. No. and FRN referenced
above. Requests for payment of the full amount of this NAL
under an installment plan should be sent to: Chief, Revenue
and Receivables Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.7
11. The response, if any, must be mailed to Federal
Communications Commission, Office of the Secretary, 445 12th
Street S.W., Washington, DC 20554, Attn: Enforcement Bureau-
Technical & Public Safety Division and MUST INCLUDE THE
NAL/Acct. No. referenced above.
12. 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
submitted.
13. Under the Small Business Paperwork Relief Act of
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the
FCC is engaged in a two-year tracking process regarding the
size of entities involved in forfeitures. If you qualify as
a small entity and if you wish to be treated as a small
entity for tracking purposes, please so certify to us within
thirty (30) days of this NAL, either in your response to the
NAL or in a separate filing to be sent to the Technical &
Public Safety Division. Your certification should indicate
whether you, including your parent entity and its
subsidiaries, meet one of the definitions set forth in the
list provided by the FCC's Office of Communications Business
Opportunities (OCBO) set forth in Attachment A of this
Notice of Apparent Liability. This information will be used
for tracking purposes only. Your response or failure to
respond to this question will have no effect on your rights
and responsibilities pursuant to Section 503(b) of the
Communications Act. If you have questions regarding any of
the information contained in Attachment A, please contact
OCBO at (202) 418-0990.
14. IT IS FURTHER ORDERED THAT a copy of this NAL shall
be sent by regular mail and Certified Mail Return Receipt
Requested to Victory & Power Ministries, Inc., 6940 Harry
Drive, Baton Rouge, Louisiana 70806.
FEDERAL COMMUNICATIONS COMMISSION
James C. Hawkins
District Director, New Orleans
Office
Enforcement Bureau
Attachment
_________________________
1 47 C.F.R. §§ 11.35(a), 73.49, and 73.3526(c).
2 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies to violations for which forfeitures are assessed
under 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 4387-88
(1991).
3 47 C.F.R. § 1.80(b)(4).
4 47 U.S.C. § 503(b)(2)(D).
5 47 U.S.C. § 503(b).
6 47 C.F.R. §§ 0.111, 0.311, 1.80.
7 See 47 C.F.R. § 1.1914.