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

In the Matter of                 )
The Moody Bible Institute of     )    File No. EB-03-KC-131
Chicago                          )    NAL/Acct. No. 200432560002
Licensee, KMDY-FM                )    FRN 0006-7913-54
Keokuk, Iowa                     )
Chicago, Illinois

                        FORFEITURE ORDER

     Adopted:  December 21, 2004        Released:  December 23, 

By the Assistant Chief, Enforcement Bureau:


     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary forfeiture  in  the  amount  of  five  thousand  dollars 
($5,000) to  The Moody  Bible Institute  of Chicago  (``Moody''), 
licensee of  station KMDY-FM,  for willful  violation of  Section 
73.3527(c) of  the Commission's  Rules (``Rules'').1   The  noted 
violation involves Moody's failure  to make available a  complete 
public inspection file for station KMDY-FM during normal business 

     2.On  February  13,  2004,  the  Commission's  Kansas  City, 
Missouri Office  (``Kansas City   Office'')  issued a  Notice  of 
Apparent Liability  for  Forfeiture  (``NAL'')2 to  Moody  for  a 
forfeiture in the  amount of ten  thousand dollars ($10,000)  for 
willful violation  of Section  73.3527(c) of  the Rules  and  for 
willful and  repeated violation  of  Section 73.1125(a)3  of  the 
Rules.4  In its March 15,  2004 response, Moody seeks  rescission 
of the forfeiture.    


     2.   On June 23,  2003, a Commission  agent from the  Kansas 
City Office inspected the main studio of station KMDY-FM, Keokuk, 
Iowa.  During the inspection, station personnel could not produce 
various items that are  required to be  in the public  inspection 
file, including: the station  license, current station  ownership 
report, a copy  of the publication  The Public and  Broadcasting, 
and a complete issues-programs listing.  

     3.   On July 15, 2003, the Kansas City Office sent the first 
of two Letters  of Inquiry  (``LOI'') to Moody.   The second  was 
sent on  September  4, 2003.   Moody  responded timely  to  both.  
After considering  the  inspection  and  the  responses  to  both 
Letters of Inquiry, the Kansas City Office issued an NAL to Moody 
on February 13, 2004.   The NAL found  that Moody had  apparently 
willfully violated Section 73.3527(c) of the Rules by failing  to 
make available  a complete  public  inspection file  for  station 
KMDY-FM during normal business hours and had apparently willfully 
and repeatedly  violated  Section  73.1125(a)  of  the  Rules  by 
failing to maintain  a full-time management  presence at  station 


     4.   The  proposed  forfeiture  amount  in  this  case   was 
assessed in accordance with Section 503(b) of the  Communications 
Act of 1934, as amended  (``Act''),5 Section 1.80 of the  Rules,6 
and The Commission's Forfeiture Policy Statement and Amendment of 
Section  1.80  of  the   Rules  to  Incorporate  the   Forfeiture 
Guidelines.7 In examining Moody'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 such  other matters  as 
justice may require.8    

     5.   Section  73.3527(a)9   of  the   Rules  requires   non-
commercial  FM  broadcast   stations  to   maintain  for   public 
inspection a file  containing the material  specified in  Section 
73.3527(e)(1)   through   (e)(11)   of  the   Rules.10    Section 
73.3527(c) of the  Rules requires  licensees to  make the  public 
file available for public inspection  at any time during  regular 
business hours.  On June 23, 2003, during regular business hours, 
Moody failed  to  make  available  a  complete  file  for  public 
inspection.  Station KMDY's  manager could not  find the  station 
license, current ownership report, the publication The Public and 
Broadcasting, or a  complete issues-program list.   We find  that 
Moody willfully11 violated Section 73.3527(c) because it did  not 
make specific  items available  for  public inspection  that  are 
required to be in the public file.  

     6.   Moody does not deny that the subject items were missing 
from the public file.  Moody claims that the documents were later 
found and provided to  the Kansas City  Office subsequent to  the 
inspection.  Moody also asserts that  ``the problem was not  that 
the documents weren't at the station's studio, or even  somewhere 
in the public inspection file, but [the station manager] was  for 
some unknown reason unable to locate the documents when asked  to 
do so by the  FCC inspector.''12  Moody  advises that the  public 
inspection file has now been fully organized and contains all the 
elements required under the  Commission's Rules.  Moody  contends 
that under  such  facts  and circumstances,  the  Commission  has 
rescinded a  public  inspection  file  forfeiture  and  cites  to 
American Family Association, Inc.,  18  FCC Rcd 16530 (Enf.  Bur. 
2003) (``AFA'')  and Tabback  Broadcasting  Company, 15  FCC  Rcd 
11899 (2000) (``Tabback'').   

     7.   In the  AFA  case,  AFA  had been  issued  an  NAL  for 
violations at station KAUF-FM, including not having copies of the 
latest  ownership  report,   the  publication   The  Public   and 
Broadcasting and the current  issues/programs list in the  public 
file.  In  its MO&O,  the  Bureau found  that AFA  had  willfully 
violated Sections 73.3527(e)(4), 73.3527(e)(7), and 73.3527(e)(8) 
based on its  admission that  the station manager  was behind  on 
filing and did not place the  required items in the public  file.  
However, in canceling  the NAL  and admonishing  AFA, the  Bureau 
noted that there was a  declaration that the required items  were 
at least  at the  station.  Here,  we have  no such  declaration.  
Moody has  not  explained where  the  documents were,  much  less 
definitively stated  that  the  documents were  at  the  station.  
Thus, we do not find AFA to be applicable to the instant case.  

     8.   In Tabback, the Commission found that Commission  staff 
appropriately exercised their  discretion in admonishing  Tabback 
for its refusal on two occasions to permit unrestricted access to 
its public file and omission of annual ownership reports from the 
file.   Tabback  stands  for  the  proposition  that,  under  the 
circumstances  of  the  case,  admonishment  was  an  appropriate 
disposition of the case and that Commission staff exercised their 
discretion accordingly.   It should  not be  interpreted to  mean 
that admonishment was the only appropriate disposition.  In fact, 
in KLDT-TV 55, Inc., 10 FCC Rcd 3198, 3200 (1995)  (``KLDT-TV''), 
a case  cited  by the  Commission  in comparison  to  Tabback,  a 
forfeiture was upheld  for KLDT-TV  `s failure  to include  three 
entire categories of documents in the public file.

     9.   Finally, we note that, although Moody's public file  is 
now reported to be  complete, no mitigation  is warranted on  the 
basis of Moody's correction of the 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 violations.''  13  Moreover,  we also  note 
that,  although  the  base  forfeiture  amount  for  public  file 
violations  is   $10,000,  after   considering  the   facts   and 
circumstances of  this case,  the Kansas  City Office  determined 
that a $5,000 forfeiture was appropriate.  We do not believe that 
a further reduction is warranted.

     10.  Based on its response  to the NAL,  we find that  Moody 
did not violate Section 73.1125(a) of the Rules and we cancel the 
portion of the forfeiture  proposed for a  violation of the  main 
studio rule.                                                                                                                                

     11.  Moody also claims to have a history of compliance  with 
the Commission's rules.  Although Moody acknowledges that the NAL 
found that at least five Notices of Violation had been issued  to 
Moody, Moody argues that  the issuance of  a Notice of  Violation 
(``NOV'') ``is  an  investigatory  device and  is  not  a  formal 
finding of a  violation.''  Moody  also states that  each of  the 
cases was resolved in its favor.  We disagree.  The NOV documents 
a finding of  a violation.   Such a finding  may be  successfully 
refuted, however at the  time the NOV  is issued a  determination 
has been made that a violation has occurred.  NOVs which are  not 
subsequently found to be inaccurate,  and thus are indicative  of 
true  violations,  represent  instances  of  enforcement  action.  
Prior instances of enforcement  action will generally prohibit  a 
successful claim of history  of compliance with the  Commission's 
rules.  There have, indeed,  been prior instances of  enforcement 
action taken against Moody.14  Moreover, to the extent that Moody 
argues that the noted NOVs were ultimately resolved in its favor, 
we note that the favorable  resolution occurred only after  Moody 
took corrective actions.  As such, Moody does not have a  history 
of  overall  compliance  with  the  Commission's  rules  and   no 
reduction is warranted on this basis.

     12.  Finally, Moody  questions  the scrutiny  given  to  its 
stations as compared to NPR stations.   We note that this is  not 
the proper forum for such a discussion.


     14.  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,15 Moody  Bible Institute  of Chicago IS  LIABLE FOR  A 
MONETARY FORFEITURE in the amount  of five thousand ($5,000)  for 
its willful  violation  of Section  73.3527(c)  of the  Rules  at 
station KMDY-FM.  
     15.  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.16 
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. 20554.17   
     16.  IT IS FURTHER ORDERED that  a copy of this Order  shall 
be  sent  by  First  Class  and  Certified  Mail  Return  Receipt 
Requested to Moody  Bible Institute  of Chicago.  820 N.  Lasalle 
Blvd.,  Chicago,  Illinois  and   to  its  counsel,  Jeffrey   D. 
Southmayd, 1220 19th Street, NW, Suite 400, Washington, DC 20036.    

                              FEDERAL COMMUNICATIONS COMMISSION
                              George R. Dillon
                              Assistant Chief, Enforcement Bureau


1 47 C.F.R..  73.3527(c). 
2 See Notice of Apparent Liability for Forfeiture, NAL/Acct.  No. 
200432560002 (Enf. Bur., Kansas City Office, February 13, 2004).
3 47 C.F.R.  73.1125(a).
4 The  Kansas  City  Office  attributed  $5,000  to  the  Section 
73.3527(c)  violation  and  $5,000  to  the  Section   73.1125(a) 
5 47 U.S.C.  503(b).
6 47 C.F.R.  1.80.
7 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).  
8 47 U.S.C.  503(b)(2)(D).
9 47 C.F.R.  73.3527(a).
10 47 C.F.R.  73.3527(e)(1) - 73.3727(e)(11).
11 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 . . . .''   See Southern California Broadcasting Co.,  6 
FCC Rcd 4387-88 (1991).
12 Response to NAL at page 5.

13 See also AT&T Wireless Services, Inc., 17 FCC Rcd 21866, 21875 
(2002); Callais  Cablevision,  Inc.,  17  FCC  Rcd  22626,  22629 
14 See NOVs dated August 9, 1999 and March 16, 2004.
15 47 C.F.R.  0.111, 0.311, 1.80(f)(4).
16  47 U.S.C.  504(a).
17 See 47 C.F.R.  1.1914.