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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Faith Bible College, Inc. ) File No. EB-02-TP-221
) NAL/Acct. No. 200232700010
Licensee of Station WTGF-FM ) FRN 0006-7335-47
Milton, Florida )
MEMORANDUM OPINION AND ORDER
Adopted: October 15, 2002 Released: October 17,
2002
By the Chief, Enforcement Bureau:
I. INTRODUCTION
1. In this Memorandum Opinion and Order (``Order''), we
cancel the proposed monetary forfeiture in the amount of eight
thousand dollars ($8,000) issued to Faith Bible College, Inc.
(``Faith Bible''), licensee of Station WTGF-FM, Milton,
Florida, for failure to maintain operational Emergency Alert
System (``EAS'') equipment at Station WTGF in apparent willful
violation of Section 11.35(a) of the Commission's Rules
(``Rules'').1 However, we conclude that Faith Bible willfully
violated Section 11.35(a) and admonish Faith Bible for this
violation.
2. On June 4, 2002, the Commission's Tampa, Florida Field
Office (``Tampa Office'') issued a Notice of Apparent
Liability for Forfeiture (``NAL'') to Faith Bible for a
forfeiture in the amount of eight thousand dollars ($8,000).2
Faith Bible filed a response to the NAL on June 18, 2002.
II. BACKGROUND
3. On March 13, 2002, an FCC agent from the Tampa Office
inspected Station WTGF. The inspection revealed that the
station had EAS equipment installed, but the equipment was
turned off. The station's Chief of Operations told the agent
that the EAS decoder had not been operational for one week.
The agent observed that there were no logs available at the
time of inspection that indicated any equipment failures, that
the equipment had been removed from service, or that the
station had ever conducted the required weekly and monthly EAS
tests.
4. On June 4, 2002, the Tampa Office issued an NAL for a
$8,000 forfeiture to Faith Bible for apparently failing to
maintain operational EAS equipment at WTGF in willful
violation of Section 11.35(a) of the Rules. In its response
to the NAL, Faith Bible admits that the EAS equipment was not
operational at the time of the inspection and that the
station's Chief of Operations had failed to keep the EAS logs
up to date. However, Faith Bible requests cancellation or a
substantial reduction of the forfeiture, asserting that
payment of the proposed forfeiture will impose a financial
hardship on the station. In support of its inability to pay
claim, Faith Bible submits certain financial information.
Faith Bible also states that following the inspection, it had
the EAS equipment repaired and that it has instructed its
Chief of Operations to keep the EAS logs up to date.
III. DISCUSSION
5. The forfeiture amount in this case was assessed in
accordance with Section 503(b) of the Communications Act of
1934, as amended, (``Act''),3 Section 1.80 of the Rules,4 and
The Commission's Forfeiture Policy Statement and Amendment of
Section 1.80 of the Rules to Incorporate the Forfeiture
Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd
303 (1999) (``Policy Statement''). In examining Faith Bible's
response, Section 503(b) of the Act requires that the
Commission 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
6. Section 11.35(a) of the Rules requires broadcast
stations to install and maintain operational EAS equipment so
that monitoring and transmitting functions are available
during the times when the station is in operation. Section
11.35(b) provides that if EAS equipment becomes defective, a
broadcast station may operate without the defective equipment
pending its repair or replacement for up to 60 days without
requesting FCC authorization. Section 11.35(b) further
provides that entries must be made in the station log showing
the date and time the equipment was removed from service and
restored to service. Faith Bible admits in its response to
the NAL that the EAS equipment was not operating at the time
of the inspection. During the inspection, the station's Chief
of Operations stated that the EAS equipment had not been
operational for one week. However, Faith Bible had no EAS
logs or other documentation to verify when the equipment was
taken out of service. Accordingly, based on the available
evidence, we conclude that Faith Bible willfully violated
Section 11.35(a) of the Rules.
7. Although Faith Bible states that the EAS equipment has
been repaired and that it has instructed its Chief of
Operations to keep the EAS logs up to date, the Commission has
stated that remedial actions taken to correct a violation are
not mitigating factors warranting reduction of a forfeiture.6
However, based on the financial documentation provided by
Faith Bible, we conclude that payment of the proposed $8,000
forfeiture would impose a financial hardship on Faith Bible.
Therefore, we will cancel the proposed forfeiture.
Nevertheless, we find that it is appropriate to admonish Faith
Bible for its willful violation of Section 11.35(a).
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED that, pursuant to Sections
0.111, 0.311 and 1.80(f)(4) of the Rules,7 the forfeiture in
the amount of eight thousand dollars ($8,000) proposed in the
June 4, 2002 NAL issued to Faith Bible College, Inc. IS
CANCELLED.
9. IT IS FURTHER ORDERED that Faith Bible IS ADMONISHED
for failure to maintain operational EAS equipment at Station
WTGF in willful violation of Section 11.35(a) of the Rules.
10. IT IS FURTHER ORDERED that a copy of this Order shall
be sent by Certified Mail Return Receipt Requested to Dr. E.
M. Johnson, President, Faith Communications, 6423 Hamilton
Bridge Road, Milton, Florida 32570-4625.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. § 11.35(a).
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200232700010 (Enf. Bur., Tampa Office, released June 4, 2002).
3 47 U.S.C. § 503(b).
4 47 C.F.R. § 1.80.
5 47 U.S.C. § 503(b)(2)(D).
6 See Station KGVL, Inc., 42 FCC 2d 258, 259 (1973).
7 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).