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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                             )                               
     In the Matter of                                                        
                                             )                               
     Pentecostal Temple Development                                          
     Corporation                             )   File Number EB-07-PA-321    
                                                                             
     Licensee of Station WGBN(AM)            )   NAL/Acct. No. 200832400009  
                                                                             
     New Kensington, Pennsylvania            )   FRN 0008-65-6506            
                                                                             
     Facility ID # 52241                     )                               
                                                                             
                                             )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Released: August 5, 2008

   By the District Director, Philadelphia Office, Northeast Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Pentecostal Temple Development Corporation ("PTDC"), licensee of
       AM station WGBN, in New Kensington, Pennsylvania, apparently willfully
       and repeatedly violated Sections 73.1745(a), 1.903(a), and
       73.3526(e)(12) of the Commission's Rules ("Rules") by failing to
       operate its broadcast station in a manner which complies with the
       terms of the station authorization, operating a Studio Transmitter
       Link on an unauthorized frequency, and failing to maintain radio
       issues/programs lists in the station's public inspection file. We
       conclude, pursuant to Section 503(b) of the Communications Act of
       1934, as amended ("Act"), that PTDC is apparently liable for a
       forfeiture in the amount of fifteen thousand dollars ($15,000).

   II. BACKGROUND

    2. On October 1, 2007, the Philadelphia Office received information
       regarding possible violations at station WGBN. In response, an agent
       from the Commission's Philadelphia Office conducted an inspection of
       station WGBN on November 6, 2007, and November 7, 2007.

    3. The license for WGBN specifies that PTDC must operate the station with
       a two-tower directional antenna array and with an antenna input power
       of 1080 Watts during the daytime and 76 Watts during the nighttime. On
       November 6, 2007, and November 7, 2007, the agent measured the field
       intensities of WGBN on 1150 kHz at the station's monitoring points to
       determine if the station was maintaining the directional antenna
       pattern within prescribed limits. On November 6, 2007 at 8:11 p.m.
       local time, the agent measured a field intensity of 32 mV/m at the
       monitoring point along the 286 degree radial. The agent found that the
       field intensity exceeded the licensed limit of 23.5 mV/m by 36
       percent. On November 7, 2007 at 12:53 p.m. local time, the agent
       measured a field intensity of 73 mV/m at the monitoring point along
       the 286 degree radial. The agent found that the field intensity
       exceeded the licensed limit of 23.5 mV/m by 210 percent.

    4. On November 7, 2007 at 1:45 p.m., the agent went to the WGBN main
       studio, which is located at 560 7th Street, New Kensington,
       Pennsylvania 15068, and met with the station's Chief Operator. While
       at the main studio, the agent reviewed the contents of the station's
       public inspection file. The agent observed that PTDC maintained a
       separate folder for each item in its public inspection file. When the
       agent opened the folder labeled "Issues Lists," he found a radio
       issues/programs list for the period between April 12, 2003 and May 15,
       2004. The agent found that the public inspection file did not contain
       the radio issues/programs lists for the period between August 2, 2006
       and November 7, 2007. PTDC was required to maintain in the public
       inspection file all quarterly radio issues/program lists that it
       prepared since August 2, 2006, the grant date of the latest WGBN
       renewal application.

    5. On November 7, 2007 at about 3:30 p.m., the agent and Chief Operator
       went to the WGBN transmitter site. There the agent observed that one
       of the WGBN antenna structures (ASR Number 1048261) had been
       dismantled and PTDC was using the remaining WGBN antenna structure
       (ASR Number 1048262) as the station's non-directional antenna. The
       Chief Operator stated that PTDC had completely dismantled one of the
       station's two antenna structures because it was damaged in a storm and
       that WGBN was currently operating at reduced power with a
       non-directional antenna.

    6. During the inspection at the WGBN transmitter site, the agent had PTDC
       switch the station between daytime and nighttime modes while he
       observed the transmitter's metering. When the station was operating in
       daytime mode, the agent measured that station's antenna input power to
       be 264.5 Watts or 24.5 percent of the authorized power during the
       daytime. When the station was operating in nighttime mode, the agent
       measured the station's antenna input power to be 40.5 Watts or 53.2
       percent of the authorized power during the nighttime. At the time of
       the inspection, PTDC was unable to provide the agent with any
       authorization from the Commission to operate station WGBN at reduced
       power or with a non-directional antenna.

    7. When the agent returned to the WGBN main studio location, he inspected
       the station's Marti Studio Transmitter Link (Model STL-10). The agent
       used a frequency counter to measure that the Studio Transmitter Link
       operated on the frequency 947.8559 MHz. At the time of the inspection,
       PTDC was unable to provide the agent with any authorization from the
       Commission to operate a Studio Transmitter Link on the frequency
       947.8559 MHz. PTDC did provide the agent with a copy of the license
       for station WPXQ800 authorizing operation of a Studio Transmitter Link
       at the WGBN main studio on the frequency 948.875 MHz.

    8. On January 4, 2008, the Philadelphia Office issued a Letter of Inquiry
       to PTDC to follow up on issues resulting from the inspection of
       station WGBN. By a letter dated January 31, 2008, PTDC submitted a
       response to the Letter of Inquiry. In the response, PTDC stated that
       it had not been able to operate station WGBN in directional mode since
       June 11, 2007 due to damage the station suffered to both of its
       antenna structures. PTDC also stated that between June 11, 2007 and
       November 7, 2007, it operated station WGBN at 250 Watts in
       non-directional mode. PTDC also said that it did not notify the
       Commission in writing prior to November 7, 2007 that station WGBN was
       operating with a non-directional antenna or at reduced power. In the
       response, PTDC acknowledged that it was operating the station's Studio
       Transmitter Link on the frequency 947.8559 MHz since at least the past
       six months. PTDC said that on November 14, 2007 it re-crystallized the
       Studio Transmitter Link to operate on the frequency 948.875 MHz. In
       the response, PTDC also acknowledged that at the time of the
       inspection the public inspection file did not contain the radio
       issues/program lists for the period between August 2, 2006 and
       November 7, 2007. PTDC said that it has drafted the radio
       issues/programs lists for all quarters since August 2, 2006 and placed
       them in the WGBN public inspection file.

   III. DISCUSSION

    9. 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.

   10. Section 73.1745(a) provides that "[n]o broadcast station shall operate
       at times, or with modes or power, other than those specified and made
       a part of the license, unless otherwise provided in this part."
       Station WGBN's license requires the station to utilize a two-tower
       directional array during the day and night and to operate with an
       antenna input power of 1080 Watts during the daytime and 76 Watts
       during the nighttime. The agent found that PTDC was operating at 24.5%
       of its authorized daytime power and 53.2% of its authorized nighttime
       power.. Because PTDC admitted that it operated station WGBN between
       June 12, 2007 and November 7, 2007 with a reduced power and in a
       non-directional mode from a single antenna structure without prior FCC
       authorization, we find that the violation was willful. The operation
       with the improper mode and power occurred on more than one day. We
       therefore find that the violation was repeated.

   11. Section 1.903(a) of the Rules requires that stations in the Wireless
       Radio Services must be used and operated only in accordance with the
       rules applicable to their particular service and with a valid
       authorization granted by the Commission. Section 1.947(a) of the Rules
       requires that all major modifications as defined in Section 1.929 of
       the Rules require prior Commission approval. Section 1.929(a)(6) of
       the Rules defines one of the major actions as "any application or
       amendment requesting to add a frequency or frequency block for which
       the applicant is not currently authorized." On November 7, 2007, an
       agent from the Philadelphia Office found that PTDC was operating the
       WGBN Studio Transmitter Link on the unauthorized frequency 947.8559
       MHz. At the time of the inspection, PTDC only held one license for its
       Studio Transmitter Link under the call sign WPXQ800. That license
       authorized PTDC to operate the WGBN Studio Transmitter Link on the
       frequency 948.875 MHz. PTDC admitted in its response to the Letter of
       Inquiry that it had been operating the Studio Transmitter Link on the
       unauthorized frequency for at least 6 months. The operation on an
       unauthorized frequency occurred on more than one day. We therefore
       find that the violation was repeated. Because PTDC admitted that it
       knowingly operated the Studio Transmitter Link on the unauthorized
       frequency, the violation was willful.

   12. Section 73.3526(e)(12) of the Rules requires AM and FM broadcast
       licensees to place in their public inspection file, for each calendar
       quarter, a list of programs that have provided the station's most
       significant treatment of community issues during the preceding three
       month period.  This list is known as the radio issues/programs list.
       Copies of the lists must be maintained in the file until final action
       has been taken on the station's next renewal application. PTDC was
       required to maintain in the public inspection file all quarterly radio
       issues/program lists that it prepared since August 2, 2006, the grant
       date of the latest WGBN renewal application. However, PTDC did not
       maintain the radio issues/programs lists in the WGBN public inspection
       file for the period between August 2, 2006 and November 7, 2007. The
       station had not been maintaining radio issues/programs lists since
       August 2006; therefore, the violation was repeated. PTDC understood
       that it was required to maintain the radio issues/programs lists in
       the public inspection file because it was maintaining an
       issues/programs list for the period between April 12, 2003 and May 15,
       2004 in the public inspection file in a folder labeled "Issues
       Lists.". We therefore find that the violation was willful.

   13. Based on the evidence before us, we find that PTDC apparently
       willfully and repeatedly violated Sections 73.1745(a), 1.903(a), and
       73.3526(e)(12) of the Commission's Rules ("Rules") by failing to
       operate its broadcast station in a manner which complies with the
       terms of the station authorization, operating a Studio Transmitter
       Link on an unauthorized frequency, and failing to maintain radio
       issue/programs lists in the station's public inspection file.

   14. 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 failing to maintain directional antenna
       pattern within prescribed parameters is $7,000 and the base forfeiture
       amount for operation on an unauthorized frequency is $4,000. The base
       forfeiture amount for violation of the public file rule is $10,000.
       Because the WGBN public inspection file was mostly complete, we
       conclude that a reduction in the base forfeiture amount for the public
       file violation to $4,000 is appropriate. 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 PTDC is apparently liable for a fifteen thousand dollar ($15,000)
       forfeiture.

   IV. ORDERING CLAUSES

   15. 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, Pentecostal Temple
       Development Corporation is hereby NOTIFIED of this APPARENT LIABILITY
       FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000)
       for violations of Sections Section 73.1745(a), 1.903(a), and
       73.3526(e)(12) of the Rules.

   16. 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, Pentecostal Temple
       Development SHALL PAY the full amount of the proposed forfeiture or
       SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

   17. 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/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment[s] by wire transfer may be made to ABA Number
       021030004, receiving bank TREAS/NYC, and account number 27000001. For
       payment by credit card, an FCC Form 159 (Remittance Advice) must be
       submitted.  When completing the FCC Form 159, enter the NAL/Account
       number in block number 23A (call sign/other ID), and enter the letters
       "FORF" in block number 24A (payment type code). Requests for full
       payment under an installment plan should be sent to:  Chief Financial
       Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625,
       Washington, D.C.  20554.   If you have questions, please contact the
       Financial Operations Group Help Desk at 1-877-480-3201 or Email:
       ARINQUIRIES@fcc.gov. PTDC shall also send electronic notification on
       the date said payment is made to NER-Response@fcc.gov.

   18. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Northeast Region, Philadelphia Office,
       One Oxford Valley Building, Suite 404, 2300 East Lincoln Highway,
       Langhorne, Pennsylvania 19047 and must include the NAL/Acct. No.
       referenced in the caption. An electronic copy shall be sent to
       NER-Response@fcc.gov.

   19. 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.

   20. 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 Pentecostal Temple Development
       Corporation at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Gene J. Stanbro

   District Director

   Philadelphia Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S:S: 73.1745(a), 1.903(a), and 73.3526(e)(12).

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

   On November 8, 2007, PTDC submitted an application (File No.
   BSTA-20071108AFE) for special temporary authorization to operate station
   WGBN at reduced power due to damage to the station's transmitter suffered
   during a storm. On November 9, 2007, the Commission granted Special
   Temporary Authority ("STA"). Because PTDC did not notify the Commission in
   its original STA request that station WGBN was also operating with a
   non-directional antenna, PTDC submitted a modification of the STA on
   November 16, 2007. On November 16, 2007, the Commission granted the
   request for modification of Special Temporary Authority authorizing PTDC
   to operate station WGBN with an emergency non-directional antenna and
   reduced power not to exceed 250 Watts daytime and 17.5 Watts nighttime.

   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."

   We note that PTDC's claim that it was operating at reduced power with a
   non-directional antenna because of damage to the WGBN antenna structures
   from a storm does not change our findings here. The Commission
   contemplated such unforeseen circumstances and adopted Section 73.1635(a)
   of the Rules, which permits a licensee to seek special temporary authority
   to operate a broadcast facility for a limited period at a specified
   variance from the terms of the station authorization. Section
   73.1635(a)(3) of the Rules specifically states that a request for an STA
   necessitated by unforeseen equipment damage or failure may be made without
   regard to the procedural requirements of Section 73.1635 (e.g. via
   telegram or telephone), though any such request must be followed by a
   written confirmation request within 24 hours. PTDC did not file a request
   for an STA until after the inspection conducted by the FCC agent.

   47 C.F.R. S: 1.903(a). At issue here is PTDC's operation of its Studio to
   Transmitter Link, which is considered an aural broadcast auxiliary
   station. Section 74.6 of the Rules provides that "[a]pplicants for and
   licensees of. . .aural broadcast stations. . .are subject to the
   application and procedural rules for wireless telecommunications services
   contained in part 1, subpart F of this chapter." 47 C.F.R. S:74.6. Part 1,
   subpart F includes Section 1.903(a) of the Rules.

   47 C.F.R. S: 1.947(a).

   47 C.F.R. S: 1.929(d)(1)(i).

   47 C.F.R. S: 73.3526(e)(12).

   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)(E).

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 73.1745(a),
   1.903(a), and 73.3526(e)(12).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       6

   Federal Communications Commission