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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                   )
                                                            )     File Number EB-02-DL-530
EICB-TV, LLC                       )
Licensee of KUOT-CA in Oklahoma    )    NAL/Acct. No.200432500005
City, OK                           )
Cedar Hill, Texas                  )             FRN 0004-5420-31

                        FORFEITURE ORDER 

Adopted:   September 21, 2004           Released:  September  23, 

By the Assistant Chief, Enforcement Bureau:


             1.     In  this  Forfeiture  Order  (``Order''),  we 
                issue a monetary forfeiture in the amount of  two 
                thousand  dollars   ($2,000)  to   EICB-TV,   LLC 
                (``EICB''),  licensee  of   Class  A   television 
                station  KUOT-CA  Oklahoma  City,  Oklahoma,  for 
                willful  and   repeated  violation   of   Section 
                73.3526(c)(1)   of    the   Commission's    Rules 
                (``Rules'').1   The   noted  violations   involve 
                EICB's  failure  to  have  available  for  public 
                inspection all  of the materials  required to  be 
                kept in the station's public inspection file.

             2.     On April  7, 2004,  the Commission's  Dallas, 
                Texas, Field Office (``Dallas Office'') issued  a 
                Notice  of  Apparent  Liability  for   Forfeiture 
                (``NAL'') to EICB for a forfeiture in the  amount 
                of  ten   thousand  dollars   ($10,000).2    EICB 
                responded to the NAL on April 28, 2004.


             3.     On February  20,  2003,  an  agent  from  the 
                Dallas Office inspected station KUOT-CA3  at  its 
                main studio  located at Eagle  Heights Church  in 
                Oklahoma City.   The  station's public  file  was 
                missing all  required  items except  the  station 
                authorization    and    applications    to    the 

             4.     On August 19, 2003, an agent from the  Dallas 
                Office  again inspected  KUOT-CA's  main  studio.  
                The  public  file   was  missing  the   following 
                required  items:    issues/programs   lists   and 
                records concerning commercial limits.

             5.     In its  response  to  the  NAL,  EICB  admits 
                violating   the  public   file   requirement   on 
                February 20  and  August 19,  2003,  but  asserts 
                that its violations were not willful and that  it 
                is  now   in  compliance.    Additionally,   EICB 
                requests cancellation  of the  proposed  monetary 
                forfeiture on  the  basis of  financial  hardship 
                and submits copies  of its 2000,  2001, 2002  and 
                2003 federal  income tax  returns in  support  of 
                its request.


             6.     The proposed forfeiture  amount in this  case 
                is  being assessed  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,  12  FCC 
                Rcd 17087 (1997), recon.  denied, 15 FCC Rcd  303 
                (1999) (``Policy  Statement'').   Section  503(b) 
                of  the Act  requires  that  the  Commission,  in 
                examining EICB's response, 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 such other  matters 
                as justice may require.6

             7.     Section 73.3526(c)(1) of  the Rules  requires 
                that licensees of  commercial broadcast  stations 
                make a  file available for  public inspection  at 
                any  time during  regular  business  hours.   The 
                file must  be maintained  at the  station's  main 
                studio7  and,  for   television  stations,   must 
                contain     the     station's      authorization, 
                applications  and   related  materials,   citizen 
                agreements, contour maps,  ownership reports  and 
                related   materials,   political   file,    Equal 
                Employment  Opportunity file,  the  ``Public  and 
                Broadcasting'' manual, letters  and e-mails  from 
                the   public,    material   relating    to    FCC 
                investigations or  complaints, TV  issues/program 
                lists,  records  concerning  commercial   limits, 
                local  public  notice  announcements,  and  must-
                carry or retransmission  consent election.8    On 
                the basis  of the FCC  agent's investigation  and 
                EICB's admission, we  conclude that, on  February 
                20, 2003 and August  19, 2003, EICB did not  have 
                available  for  public  inspection  all  of   the 
                materials  required  to  be  kept  in   KUOT-CA's 
                public inspection file,  in violation of  Section 
                73.3526(c)(1) of the Rules.

             8.     EICB argues that it wanted to comply with the 
                Commission's Rules  and  that its  violations  of 
                Section  73.3526(c)(1)  of  the  Rules  were  not 
                willful.  Section  312(f)(1) of  the Act,9  which 
                applies to violations  for which forfeitures  are 
                assessed  under  Section   503(b)  of  the   Act, 
                provides that ``[t]he  term `willful,' ...  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).   EICB's 
                response to  the NAL  indicates that,  on  August 
                19, 2003, EICB knew that its public file did  not 
                include all of the required items.  We  conclude, 
                therefore,  that  EICB's  violation  of   Section 
                73.3526(c)(1) of  the Rules was  willful and,  on 
                the basis  of the violation's  occurrence on  two 
                days, we conclude that it was also repeated.10

             9.     EICB's  post-notification  corrective  action 
                does  not  mitigate   its  violations.   As   the 
                Commission stated  in  Seawest Yacht  Brokers,  9 
                FCC Rcd  6099, 6099  (1994), ``corrective  action 
                taken to  come  into compliance  with  Commission 
                rules  or  policy  is  expected,  and  does   not 
                nullify  or mitigate  any  prior  forfeitures  or 

             10.    Our review of the  three most recent  federal 
                income tax  returns  provided by  EICB  indicates 
                that the  proposed  forfeiture amount  should  be 
                reduced to $2,000 because of EICB's inability  to 
                pay a larger amount.

             11.    We have examined EICB's  response to the  NAL 
                pursuant to the  statutory factors above, and  in 
                conjunction with  the Policy  Statement as  well.  
                As a result of our review, we conclude that  EICB 
                willfully   and   repeatedly   violated   Section 
                73.3526 (c)(1)  of the Rules  and that  reduction 
                of the  proposed $10,000  monetary forfeiture  to 
                $2,000 is warranted.


             12.    Accordingly, IT IS ORDERED that, pursuant  to 
                Section 503(b)  of the Act,  and Sections  0.111, 
                0.311  and 1.80(f)(4)  of  the  Rules,12  EICB-TV 
                L.L.C. IS  LIABLE FOR  A MONETARY  FORFEITURE  in 
                the amount of  two thousand dollars ($2,000)  for 
                willfully  and   repeatedly   violating   Section 
                73.3526(c)(1) of the Rules.

             13.    Payment of the  forfeiture shall  be made  in 
                the manner provided  for in Section  1.80 of  the 
                Rules  within 30  days  of the  release  of  this 
                Order.  If the forfeiture is not paid within  the 
                period specified,  the case  may be  referred  to 
                the   Department  of   Justice   for   collection 
                pursuant  to   Section  504(a)   of  the   Act.13  
                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  Forfeiture  Collection 
                Section, Finance  Branch, Federal  Communications 
                Commission,  P.O. Box  73482,  Chicago,  Illinois 
                60673-7482.  Payment  by  overnight mail  may  be 
                sent to Bank One/LB  73482, 525 West Monroe,  8th 
                Floor Mailroom,  Chicago, IL  60661.  Payment  by 
                wire  transfer   may  be  made   to  ABA   Number 
                071000013, receiving bank  Bank One, and  account 
                number 1165259. Requests  for full payment  under 
                an installment  plan should  be sent  to:  Chief, 
                Revenue  and Receivables  Operations  Group,  445 
                12th Street, S.W., Washington, D.C. 20554.14

             14.    IT IS  FURTHER ORDERED  that a  copy of  this 
                Forfeiture Order  shall be sent  by regular  mail 
                and Certified  Mail Return  Receipt Requested  to 
                EICB-TV, LLC,  406  Copeland Drive,  Cedar  Hill, 
                Texas 75104.

                              FEDERAL COMMUNICATIONS COMMISSION


                              George R. Dillon
                              Assistant Chief, Enforcement Bureau

1 47 C.F.R.  73.3526(c) (1).

2 Notice  of Apparent  Liability  for Forfeiture,  NAL/Acct.  No. 
200432500005 (Enf. Bur., Dallas Office, released April 7, 2004). 

3 Then KKCC-LP.  The call sign was changed to KUOT-CA on  October 
2, 2003.

4 47 U.S.C.  503(b).

5 47 C.F.R.  1.80.

6 47 U.S.C.  503(b)(2)(D).

7 See 47 C.F.R.  73.3526(b).

8 See 47 C.F.R.   73.3526(a)(2) and 73.3526(e)(1) - (11),  (13) 
and (15).

9 47 U.S.C.  312(f)(1)

10 As provided by 47 U.S.C.  312(f)(2), a violation that  occurs 
more than  once  is  ``repeated.''   The  Conference  Report  for 
Section 312(f)(2) indicates that Congress intended to apply  this 
definition to Section 503 of the Act as well as Section 312.  See 
H.R. Rep. 97th Cong. 2d Sess. 51 (1982).  See Southern California 
Broadcasting Company, supra at 4388 (1991).

11 See also Callais  Cablevision, Inc., 17  FCC Rcd 22626,  22629 
(2002); Radio Station KGVL, Inc., 42 FCC 2d 258, 259 (1973);  and 
Executive Broadcasting Corp., 3 FCC 2d 699, 700 (1966).

12 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

13 47 U.S.C.  504(a).

14 See 47 C.F.R.  1.1914.