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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                     )                               
                                                                             
                                             )                               



                                FORFEITURE ORDER

   Adopted: September 1, 2009 Released: September 3, 2009

   By the Regional Director, Northeast Region, Enforcement Bureau:

   I. introduction

    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of five thousand dollars ($5,000) to Pentecostal Temple
       Development Corporation ("PTDC"), licensee of AM station WGBN, in New
       Kensington, Pennsylvania, for willfully and repeatedly violating
       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.

   II. BACKGROUND

    2. The license for WGBN specifies that PTDC must operate the station with
       a two-tower directional antenna array 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, an agent with the FCC's
       Philadelphia Office 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.

    3. 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 had
       prepared since August 2, 2006, the grant date of the latest WGBN
       renewal application.

    4. On November 7, 2007, at about 3:30 p.m., the agent and Chief Operator
       went to the WGBN transmitter site, where 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.

    5. 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.

    6. 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.

    7. 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 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 reported 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 stated 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.

    8. On August 5, 2008, the Philadelphia Office issued a Notice of Apparent
       Liability for Forfeiture ("NAL") to PTDC in the amount of $15,000 for
       apparently willfully and repeatedly violating Sections 73.1745(a),
       1.903(a), and 73.3526(e)(12) of the 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. In its response, PTDC
       does not dispute any of the findings in the NAL, but requests a
       reduction in the proposed forfeiture for the public file violation on
       the grounds that it is inconsistent with Commission precedent;
       requests a reduction in the forfeiture proposed for failure to comply
       with the terms of its station authorization on the ground that
       operating at reduced power is less serious than operating at excessive
       power and therefore warrants a lower forfeiture amount; and requests a
       reduction in the overall forfeiture amount based on its inability to
       pay and its history of compliance with the Commission's Rules.

   III. DISCUSSION

    9. The forfeiture amount proposed in this case was assessed in accordance
       with Section 503(b) of the Communications Act of 1934, as amended
       ("Act"), Section 1.80 of the Rules, and the Commission's Forfeiture
       Policy Statement and Amendment of Section 1.80 of the Rules to
       Incorporate the Forfeiture Guidelines. In assessing forfeitures,
       Section 503(b)(2)(D) of the Act requires that we 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. As discussed below, we have considered PTDC's response to the
       NAL in light of these statutory factors and have found that a
       reduction of the proposed forfeiture amount to $5,000 is warranted
       based on PTDC's financial circumstances.

   10. We do not agree that we should reduce the forfeiture based on the
       cases cited by PTDC in which the licensee received a forfeitures less
       than $4,000 for missing issues/programs lists. The latest Notice of
       Apparent Liability cited by PTDC was released on August 26, 2005.
       Recent cases have consistently assessed forfeitures of $4,000 for
       missing two or more quarters of Issues/Programs lists. Accordingly, we
       decline to reduce the forfeiture, as it is consistent with current
       forfeiture amounts.

   11. We also decline to reduce the forfeiture based on PTDC's claim that
       operating a station at a reduced power level is not as egregious as
       operating it with excessive power and that no harm to the public or to
       other licensees occurred. While it may be true that operation at a
       reduced power level will not cause harm to other licensees, it is well
       established that the absence of harm is not considered a mitigating
       factor of a rule violation. More importantly, as noted in the NAL, the
       Commission contemplated the kind of situation PTDC faced when its
       antenna was damaged by a storm. Section 73.1635(a) of the Rules
       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. PTDC, however, did not
       file a request for an STA until after the inspection conducted by the
       FCC agent and PTDC has not provided any explanation for why it did not
       request an STA as soon as it was required to operate at variance from
       its license. We therefore conclude that a reduction in the forfeiture
       for violation of Section 73.1745(a) is not warranted.

   12. We likewise conclude that a reduction is not warranted based on PTDC's
       alleged history of compliance with the Commission's rules. A review of
       the Commission's records revealed that the Philadelphia Office issued
       a Notice of Apparent Liability for Forfeiture in the amount of $3,000
       to PTDC on March 28, 2003, which PTDC subsequently paid.

   13. With regard to PTDC's request for a reduction based on its inability
       to pay, the Commission has determined that a licensee's gross revenues
       are the best indicator of an inability to pay. While we find that PTDC
       willfully and repeatedly violated Sections 73.1745(a), 1.903(a), and
       73.3526(e)(12) of the Rules, we conclude, based upon our review of
       PTDC's supporting financial documentation, that pursuant to Section
       503(b) of the Act and the Forfeiture Policy Statement, a reduction of
       the $15,000 forfeiture to $5,000 is warranted.

   IV. Ordering clauses

   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 that
       Pentecostal Temple Development Corporation IS LIABLE FOR A MONETARY
       FORFEITURE in the amount of five thousand dollars ($5,000) for willful
       and repeated violation of 47 C.F.R. S:S: Sections 73.1745(a),
       1.903(a), and 73.3526(e)(12).

   15. 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 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.    Please contact the Financial Operations Group Help
       Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any
       questions regarding payment procedures. Pentecostal Temple Development
       Corporation shall also send electronic notification on the date said
       payment is made to NER-Response@fcc.gov.

   16. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class and Certified Mail Return Receipt Requested to Pentecostal
       Temple Development Corporation's address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   G. Michael Moffitt.

   Regional Director, Northeast Region

   Enforcement Bureau

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

   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.

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

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832400009
   (Enf. Bur., Philadelphia Office, rel. August 5, 2008).

   We note that, although PTDC captioned its filing as a petition for
   reconsideration, we have not yet issued a forfeiture order, which would
   constitute a final Commission action, and which is a condition precedent
   to filing a petition for reconsider. See 47 C.F.R. S: 1.106. We therefore
   will treat PTDC's filing as a response to the NAL.

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

   47 C.F.R. S: 1.80.

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture
   Policy Statement").

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

   See Gerald Parks, Notice of Apparent Liability for Forfeiture, NAL/Acct.
   No. 200532360003 (Enf. Bur. Detroit Office, August 26, 2005), Forfeiture
   Order, 21 FCC Rcd 14338 (2006). In Twenty-One Sound Communications, the
   Bureau reduced the forfeiture associated with the public file violation
   from $10,000 to $3,000 in the Forfeiture Order, however, that order was
   released July 27, 2005. Twenty-One Sound, Forfeiture Order, 20 FCC Rcd
   12496 (Enf. Bur. South Central Region 2005).

   See, e.g., James J. Chladek, Forfeiture Order, 2009 WL 2244504 (EB, July
   28, 2009); Hensley Broadcasting, Inc., Forfeiture Order, 24 FCC Rcd 115
   (EB 2009); Fannin County Broadcasting, Notice of Apparent Liability for
   Forfeiture, NAL/Acct. No. 200732480007 (Enf. Bur. Atlanta Office, February
   8, 2007), Community Broadcast Group, Notice of Apparent Liability for
   Forfeiture, NAL/Acct. No. 200732500003 (Enf. Bur. Dallas Office, January
   30, 2007), Cumulus Licensing, LLC, Notice of Apparent Liability for
   Forfeiture, NAL/Acct. No. 20073270006 (Enf. Bur. Tampa Office, January 3,
   2007), Multicultural Radio Broadcasting Licensee, Notice of Apparent
   Liability for Forfeiture, NAL/Acct. No. 200732940003 (Enf. Bur. San Diego
   Office, December 28, 2006), Access.1 NY License Company, LLC, Notice of
   Apparent Liability for Forfeiture, NAL/Acct. No. 20073238000 (Enf. Bur.
   New York Office, July 12, 2006).

   See Liberty Cable Co., Memorandum Opinion and Order, 16 FCC Rcd 16105
   (2001); Pacific Western Broadcasters, Inc., Memorandum Opinion and Order,
   50 FCC 2d 819 (1975); AGM-Nevada, LLC, Forfeiture Order, 18 FCC Rcd 1476
   (Enf. Bur. 2003); Bureau D'Electronique Appliquee, Inc., Forfeiture Order,
   20 FCC Rcd 17893 (SED Enf. Bur. 2005); Western Slope Communications, LLC,
   Forfeiture Order, 23 FCC Rcd 8384 (WR Enf. Bur. 2008).

   PJB Communications of Virginia, Inc. Memorandum Opinion and Order, 7 FCC
   Rcd 2088 (1992) (" PJB Communications").

   47 C.F.R. S:S: 0.111, 0.311, 1.80(f).

   See 47 C.F.R. S: 1.1914.

   (Continued from previous page)

   (continued....)

   Federal Communications Commission DA 09-1990

   2

   Federal Communications Commission DA 09-1990