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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-02-CF-277
Faith Mountain Communications, Inc. )
Licensee of Station WRRL(AM) ) NAL/Acct. No.
200232340001
Rainelle, West Virginia )
) FRN 0007-2317-80
)
MEMORANDUM OPINION AND ORDER
Adopted: November 12, 2002 Released: November 14,
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 Mountain
Communications, Inc. (``Faith Mountain''), licensee of radio
station WRRL(AM), Rainelle, West Virginia for failure to install
Emergency Alert System (``EAS'') equipment at station WRRL(AM) in
apparent willful violation of Section 11.52(a) of the
Commission's Rules.1 However, we conclude that Faith Mountain
willfully violated Section 11.52(a) and admonish Faith Mountain
for this violation.
2. On June 19, 2002, the Commission's Columbia, Maryland
Field Office (``Columbia Office'') issued a Notice of Apparent
Liability for Forfeiture (``NAL'')2 in the amount of eight
thousand dollars ($8,000) to Faith Mountain. Faith Mountain
filed a response on August 7, 2002.3
II. BACKGROUND
3. On April 25, 2002, a Commission agent from the Columbia
Office conducted an EAS inspection of station WRRL(AM).
The agent observed that the station did not have EAS
equipment. The general manager, Allen Whitt, informed
the agent that WRRL(AM) had not had EAS equipment since
the station was purchased in February, 2001.
4. On June 19, 2002, the Columbia Office issued an NAL to
Faith Mountain for apparently failing to install EAS
equipment in willful violation of Section 11.52(a) of
the Rules. In its response to the NAL, Faith Mountain
admits the violation, but also indicates that it was
aware of the violation prior to the inspection and was
in the process of trying to resolve the EAS problem.
Faith Mountain indicates that the equipment has been
installed and the EAS is working. Finally, Faith
Mountain requests cancellation of the forfeiture
because of its inability to pay, and provides certain
financial information in support of its request.
III. DISCUSSION
·
5. The forfeiture amount in this case was proposed in
accordance with Section 503(b) of the Communications Act of 1934,
as amended (``Act''),4 Section 1.80 of the Rules,5 and The
Commission's Forfeiture Policy Statement and Amendment of Section
1.80 of the Rules to Incorporate the Forfeiture Guidelines.6 In
examining Faith Mountain'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.7
6. Section 11.52(a) of the Rules provides that,
effective January 1, 1997, all broadcast stations must install
and operate during their hours of operation, equipment capable of
receiving and decoding, either automatically or manually, the EAS
header codes, emergency messages and EOM code. On April 25,
2002, the date of the inspection, WRRL(AM) did not have EAS
equipment installed, even though Faith Mountain had owned the
station since February, 2001. Faith Mountain admits the
violation alleged in the NAL occurred. Therefore, based on the
evidence before us, we find that Faith Mountain failed to install
EAS equipment in willful8 violation of Section 11.52(a) of the
Rules.
7. Although Faith Mountain states that the EAS
equipment has been installed and the system is working properly,
the Commission has stated that remedial actions taken to correct
a violation are not mitigating factors warranting reduction of a
forfeiture.9 However, based on the financial documentation
provided by Faith Mountain, we conclude that payment of the
proposed $8,000 forfeiture would impose a financial hardship on
Faith Mountain. Therefore, we will cancel the proposed
forfeiture. Nevertheless, we find that it is appropriate to
admonish Faith Mountain for its willful violation of Section
11.52(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,10 the forfeiture in the
amount of eight thousand dollars ($8,000) proposed in the June
19, 2002 NAL issued to Faith Mountain Communications, Inc. IS
CANCELLED.
9. IT IS FURTHER OREDERED that Faith Mountain IS
ADMONISHED for failure to install EAS equipment at Station
WRRL(AM) in willful violation of Section 11.52(a) of the Rules.
10. IT IS FURTHER ORDERED that, a copy of this Order shall
be sent by regular mail and Certified Mail Return Receipt
Requested to Faith Mountain Communications, Inc., H.C. 61,
P.O. Box 383, Danese, West Virginia, 25831.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 F.C.R. § 11.52(a).
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200232340001 (Enf. Bur., Columbia Office, released June 19,
2002).
3 A response to a Commission NAL should be filed within 30
days of the issuance of the NAL. See 47 C.F.R. § 1.80(f)(3).
Faith Mountain requested, and was granted, an extension of time
within which to submit its response.
4 47 U.S.C. § 503(b).
5 47 C.F.R. § 1.80.
6 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303
(1999).
7 47 U.S.C. § 503(b)(2)(D).
8 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 or any rule or regulation of the Commission authorized
by this Act....'' See Southern California Broadcasting Co., 6
FCC Rcd 4387 (1991).
9 See Station KGVL, Inc., 42 FCC 2d 258, 259 (1973).
10 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).