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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                  )                                
                                                                   
     In the Matter of             )                                
                                                                   
     First Baptist Church, Inc.   )   File Number: EB-06-TP-171    
                                                                   
     Licensee of Station WAKJ     )   NAL/Acct. No.: 200832700003  
                                                                   
     DeFuniak Springs, FL         )   FRN:  00074611536            
                                                                   
     Facility ID # 68290          )                                
                                                                   
                                  )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                  Released: November 28, 2007

   By the District Director, Tampa Field Office, South Central Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that First Baptist Church, Inc. ("First Baptist"), licensee of
       non-commercial FM station WAKJ, DeFuniak Springs, FL, apparently
       willfully and repeatedly violated Sections  11.35  and 73.1125(a) of
       the Commission's Rules ("Rules") by failing to install the required
       Emergency Alert System ("EAS") equipment and failing to maintain
       full-time managerial and staff personnel at the main studio during
       normal business hours. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that First Baptist is
       apparently liable for a forfeiture in the amount of fifteen  thousand
       dollars ($15,000).

   II. BACKGROUND

    2. On August 9, 2006, agents from the Commission's Tampa Office of the
       Enforcement Bureau ("Tampa Office") were unable to inspect station
       WAKJ's main studio in DeFuniak Springs, Florida during normal business
       hours, because it was unattended. The agents telephoned First Baptist
       and were told that the station's General Manager, the only person with
       a key to the station's transmitter location, was away for the week.
       First Baptist arranged for a janitor to let the agents into the main
       studio. A few days later, agents informed the General Manager that
       main studios must be staffed full-time by managerial and staff
       personnel during normal business hours.

    3. On April 3, 2007, an agent from the Commission's Atlanta Office of the
       Enforcement Bureau was unable to inspect the station's main studio
       during normal business hours, because the studio was unattended.

    4. On May 15, 2007, agents from the Tampa Office inspected the main
       studio of station and found that the station had no EAS equipment
       installed. The General Manager stated that he was unaware that
       non-commercial FM stations were required to have installed EAS
       equipment. The station did have an uninstalled EAS encoder/decoder in
       a box at the main studio. The General Manager, who is also the Chief
       Operator, stated that he is usually the only person from the station
       present at the main studio between the hours of 8 A.M. and 5 P.M.

   III. DISCUSSION

    5. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. The term "willful" as used in Section 503(b) of the Act has
       been interpreted to mean simply that the acts or omissions are
       committed knowingly. The term "repeated" means the  commission or
       omission of such act more than once or for more than one day. 

    6. Section 11.35(a) of the Rules requires Broadcast stations to be
       responsible for ensuring that ... EAS Encoders and EAS Decoders ...
       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. Section 11.11(a) of the Rules states that as of January
       1, 1997, FM stations are required to have an EAS encoder and decoder. 
       During the May 15, 2007 inspection of the station, station WAKJ was in
       operation, and no EAS equipment was installed at the station. The
       General Manager stated that he didn't know that non-commercial FM
       stations were required to have installed EAS equipment. However, he
       was aware that an uninstalled EAS encoder/decoder was sitting in a box
       in the main studio.

    7. Section 73.1125(a) of the Rules requires FM stations to maintain a
       main studio. "A station must equip the main studio with production and
       transmission facilities that meet applicable standards, maintain
       continuous program transmission capability, and maintain a meaningful
       management and staff presence." The Commission has defined a minimally
       acceptable "meaningful presence" as full-time managerial and full-time
       staff personnel. On August 9, 2006 and April 3, 2007, agents were
       unable to inspect the main studio of station WAKJ, because it was
       unattended. The General Manager was informed of the main studio
       staffing requirements in August 2006. On May 15, 2007, the station's
       General Manager stated that he is typically the only station
       representative at the main studio during normal business hours.

    8. Based on the evidence before us, we find that First Baptist 
       apparently willfully and repeatedly violated Sections  11.35  and
       73.1125(a) of the Rules by failing to install the required EAS
       decoding/receiving equipment and failing to maintain a full-time
       managerial and staff presence at the station's main studio.

    9. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
       ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
       base forfeiture amount for not installing the required EAS equipment
       is $8,000 and the base forfeiture amount for violation of the main
       studio rules is $7,000. In assessing the monetary forfeiture amount,
       we must also take into account the statutory factors set forth in
       Section 503(b)(2)(E) of the Act, which include the nature,
       circumstances, extent, and gravity of the violations, and with respect
       to the violator, the degree of culpability, and history of prior
       offenses, ability to pay, and other such matters as justice may
       require. Applying the Forfeiture Policy Statement, Section 1.80 of the
       Rules, and the statutory factors to the instant case, we conclude that
       First Baptist  is apparently liable for a  $15,000 forfeiture.

   IV. ORDERING CLAUSES

   10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications

   Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the
   Commission's Rules, First Baptist Church, Inc. is hereby NOTIFIED of this
   APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand
   dollars ($15,000) for violation of Sections 11.35  and 73.1125(a)  of the
   Rules.

   11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, First Baptist Church,
       Inc. SHALL PAY the full amount of the proposed forfeiture or SHALL
       FILE a written statement seeking reduction or cancellation of the
       proposed forfeiture.

   12. Payment of the forfeiture must be made by check or similar instrument,
       payable to the order of the Federal Communications Commission. The
       payment must include the NAL/Acct. No. and FRN No. referenced above.
       Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA
       15251-8340.  Payment by overnight mail may be sent to Mellon
       Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
       15251.   Payment by wire transfer may be made to ABA Number 043000261,
       receiving bank Mellon Bank, and account number 911-6106.

   13. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, Tampa Field
       Office, 2203, N. Lois Ave., Suite 1215, Tampa, FL 33607 and must
       include the NAL/Acct. No. referenced in the caption.

   14. 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.

   15. Requests for payment of the full amount of this Notice of Apparent
       Liability for Forfeiture under an installment plan should be sent to:
       Associate Managing Director, Financial Operations, 445 12th Street,
       S.W., Room 1A625, Washington, D.C. 20554.

   16. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and regular mail, to First Baptist Church, Inc. at its
       address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Ralph M. Barlow

   District Director

   Tampa Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S:S: 11.35, 73.1125(a).

   47 U.S.C. S: 503(b).

   Section 312(f)(1) of the Act, 47 U.S.C. S: 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 or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
   to violations for which forfeitures are assessed under Section 503(b) of
   the Act, provides that "[t]he term 'repeated', when used with reference to
   the commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day."

   47 C.F.R. S: 11.35(a).

   47 C.F.R. S: 11.11(a). Class D non-commercial educational FM stations are
   required to have EAS decoders installed and operational. See 47 C.F.R.
   S:S: 11.11(a), 11.11(b). Station WAKJ, however, is a Class A
   non-commercial FM station.

   Main Studio and Program Origination Rules, Memorandum Opinion and Order, 
   3 FCC Rcd 5024, 5026 (1988).

   Jones Eastern of the Outer Banks, Inc., Memorandum Opinion and Order, 6
   FCC Rcd 3615, 3616 (1991), clarified 7 FCC Rcd 6800 (1992).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

   47 U.S.C. S: 503(b)(2)(D).

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 11.35,
   73.1125(a).

   See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission