Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554


                                   )                               
                                                                   
                                   )                               
     In the Matter of                                              
                                   )                               
     Real Life Broadcasting              File Number EB-08-PA-010  
                                   )                               
     Licensee of AM Station WIFI       NAL/Acct. No. 200832400005  
                                   )                               
     Florence, New Jersey                        FRN 0007-66-4493  
                                   )                               
     Facility ID # 55310                                           
                                   )                               
                                                                   
                                   )                               



                                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 eighteen thousand four hundred dollars  ($18,400) to
       Real Life Broadcasting ("Real Life"), licensee of station WIFI, in
       Florence, New Jersey, for willfully and repeatedly violating Sections
       73.1745(a), 11.35, 73.49, and 73.3526(e)(12) of the Commission's Rules
       ("Rules") by operating station WIFI with excessive power, failing to
       maintain an operational EAS system, failing to maintain an effective
       enclosure at the base of the WIFI tower, and failing to maintain
       issues/program lists in the public inspection file. In this Order, we
       consider Real Life's request for cancellation or reduction of the
       forfeiture amount based on its remedial efforts, its overall history
       of compliance with the Rules, and its inability to pay.

   II. BACKGROUND

    2. Between April 18, 2007 and February 7, 2008, agents from the
       Commission's Philadelphia Office conducted inspections of station WIFI
       in response to complaints alleging that the station was operating with
       excessive power.

    3. At the time of the inspections conducted between April 18, 2007, and
       April 24, 2007, Real Life held a Special Temporary Authority ("STA")
       authorizing it to operate station WIFI with parameters at variance
       and/or reduced power while maintaining monitor points within licensed
       limits or to operate station WIFI with a non-directional antenna and
       reduced power not to exceed 1250 Watts daytime and 125 Watts
       nighttime.

    4. Between 8:57 p.m. and 9:35 p.m. on April 18, 2007, and between 10:40
       a.m. and 11:04 a.m. on April 20, 2007, agents conducted field
       intensity measurements of the WIFI signal on 1460 kHz at the station's
       monitoring points. The agents found that the station exceeded the
       licensed field intensity limits at the monitoring points along the
       39.5o, 284.6 o and 347 o radials. Because Real Life was operating
       station WIFI with a non-directional antenna and not maintaining the
       monitoring points within licensed limits, Real Life was required under
       the STA to operate station WIFI with a power not to exceed 1250 Watts
       daytime and 125 Watts nighttime.

    5. According to an entry in the station logs, Real Life was operating
       station WIFI with 1250 Watts of power during the daytime on April 20,
       2007. Based on the agent's field intensity measurements, which were
       made on April 18, 2007, and on April 20, 2007, and the station's power
       on April 20, 2007, the agents calculated that, on April 18, 2007
       between 8:57 p.m. and 9:35 p.m., Real Life operated station WIFI with
       998.6 Watts, resulting in operation at 799 percent of the authorized
       nighttime power (125 Watts).

    6. On April 20, 2007, agents inspected the EAS equipment at the WIFI main
       studio and reviewed the records of all EAS activations received and
       transmitted between October 22, 2006, and April 20, 2007. At the time
       of the inspection on April 20, 2007, Real Life was unable to provide
       any EAS logs of any kind to demonstrate that the station had received
       an EAS alert since February 20, 2007, or that the equipment had been
       removed for repair. The agents also observed that the station's EAS
       equipment was incapable of receiving any EAS activations. One of the
       radio receivers connected to the station's EAS decoder was turned off.
       The other radio receiver connected to the station's EAS decoder was
       powered on and tuned to FM broadcast station WKXW on the frequency
       101.5 MHz. However, the audio from WKXW was barely audible through the
       station EAS decoder. During the inspection, agents informed WIFI's
       chief operator about the condition of the EAS equipment and warned him
       that the EAS equipment was not operational.

    7. During the inspection on April 20, 2007, the agents also reviewed the
       contents of the station's public inspection file and found that it did
       not contain any issues/program lists. Real Life was required to
       maintain all issues/program lists since June 1, 2006, the beginning of
       its most recent renewal term.

    8. After conducting the inspection at the main studio on April 20, 2007,
       agents proceeded to WIFI's transmitter site. Real Life has a four
       tower directional antenna array for station WIFI and each of the
       antenna structures is enclosed within a fence. There is no property
       fence surrounding the tower array. The agents observed that the gates
       to three of the four antenna structures were left open and the gate to
       the fourth antenna structure that WIFI was using for its
       non-directional antenna was closed but not locked. The agents
       immediately informed the President of Real Life and the station's
       contract engineer that the fences surrounding each WIFI antenna
       structure must be secured within an effective locked fence.

    9. On April 23, 2007, agents returned to the WIFI main studio and
       conducted another inspection of the station's EAS equipment. The
       agents observed that the condition of the EAS equipment had not
       changed since the April 20, 2007, inspection. At 1:16 p.m. on April
       23, 2007, at the request of FCC agents, broadcast station WKXW
       transmitted an EAS test. The EAS decoder at station WIFI did not
       receive the EAS test from station WKXW. The agents determined that, at
       the time of the inspection, the monitoring functions of the EAS
       equipment at station WIFI were not available because the radio
       receivers connected to the EAS equipment were incapable of receiving
       EAS activations.

   10. On April 23, 2007, agents returned to WIFI's transmitter site and
       observed that the gates to three of the four antenna structures were
       closed and locked. However, the gate to the fourth antenna structure
       that Real Life was using for the non-directional antenna for station
       WIFI was still not locked.

   11. On April 24, 2007, agents met with WIFI's contract engineer at the
       transmitter site. The contract engineer informed the agents that he
       had been leaving the gate to the non-directional antenna unlocked
       because the key for the gate's lock had been lost. He stated that he
       replaced the lock and secured it when he arrived at the transmitter
       site that morning. The contract engineer also reported to the agents
       that the circuit to change the transmitter from daytime to nighttime
       mode had not been working for more than one year. Instead, the
       caretaker at the property is responsible for switching the transmitter
       to nighttime mode and the contract engineer admitted that sometimes
       the caretaker does not reduce the power and there are no other
       procedures in place to ensure that the transmitter is in the correct
       mode.

   12. On July 16, 2007, the Philadelphia Office issued a Letter of Inquiry
       to Real Life as a follow-up on issues resulting from the inspections
       of station WIFI between April 18, 2007 and April 24, 2007. The issues
       addressed in the LOI included, among other things, the station's
       operating power, EAS equipment, antenna structure enclosures, and the
       radio issues/program lists.

   13. On August 2, 2007, the Philadelphia Office received a response to the
       Letter of Inquiry from Real Life. In the response, Real Life stated
       that it invested in a new remote monitoring unit, a Burk ARC Plus,
       which can automatically adjust the station's power to the authorized
       daytime and nighttime modes. Real Life also acknowledged that, prior
       to April 24, 2007, it had last received an EAS activation on February
       20, 2007. Real Life stated that its EAS equipment was impacted by
       lightning in approximately March/April 2007. Real Life said that after
       the most recent visit from the FCC, they immediately checked and reset
       the equipment to monitor the Local Primary Stations as designated in
       the New Jersey State EAS Plan. Furthermore, Real Life stated that its
       issues/programs lists are now maintained in the station's public
       inspection file, which is located in a file drawer in the station's
       studio.

   14. On January 23, 2008, the Philadelphia Office received information that
       station WIFI was operating with excessive power. An agent of the
       Philadelphia Office checked the FCC Records and found that the
       Extension of Special Temporary Authority that the Commission granted
       Real Life on October 2, 2007 for station WIFI expired on January 2,
       2008. Therefore, Real Life was required to operate station WIFI
       according to the terms of its license, which authorizes Real Life to
       operate station WIFI with a directional antenna system and an antenna
       input power of 5250 Watts daytime and 540 Watts nighttime.

   15. Between January 26, 2008 and January 29, 2008 and on February 5, 2008,
       an agent of the Philadelphia Office made field intensity measurements
       of the WIFI signal on 1460 kHz with a calibrated Potomac Field
       Intensity Meter. All measurements were made at the same location in
       the parking lot of the WAWA Food Market, 3620 Bath Road, Bristol,
       Pennsylvania 19007. The agents would later use these measurements to
       determine that Real Life was operating station WIFI with excessive
       power.

   16. On February 7, 2008, agents of the Philadelphia Office conducted an
       inspection at WIFI's transmitter site. During the inspection, WIFI's
       contract engineer stated that, because the station's common point
       meter and transmitter plate voltage meter had completely failed, he
       had been measuring the station's power with a meter on the transmitter
       that provides readings in a percentage of 5000 Watts. The contract
       engineer stated that he calibrated the meter a week after the agents'
       last inspection on April 24, 2007 so that a reading of 100% on the
       meter would correspond to 5000 Watts.

   17. At the same time the contract engineer was changing the power of the
       WIFI transmitter, an agent was conducting field intensity measurements
       of station WIFI's signal with a calibrated field intensity meter.
       These measurements were made at the same location where the field
       intensity measurements were made between January 26, 2008 and January
       29, 2008 and on February 5, 2008. Based on the field intensity
       measurements and the agents' observations of the WIFI power meter
       during the inspection on February 7, 2008, the agents determined that
       on January 26, 2008 at 7:39 p.m. and on January 28, 2008 at 9:15 p.m.
       Real Life operated station WIFI with 1750 Watts resulting in operation
       at 324 percent of the authorized nighttime power (540 Watts). The
       agents also determined that on January 27, 2008 at 8:35 p.m., Real
       Life operated station WIFI with 750 Watts resulting in operation at
       138% of the authorized nighttime power (540 Watts).

   18. When advised that the station had operated over-powered between
       January 26, 2008 and January 28, 2008, the contract engineer stated to
       the agents that the Burk ARC Plus remote monitoring system did not
       notify him that the station was out of tolerance. The contract
       engineer further reported that the remote monitoring system did not
       notify him that the station was over-powered during the tests
       conducted that day by the agents.

   19. The agents also conducted a main studio inspection on February 7,
       2008. The agents reviewed the contents of the public inspection file
       and found that Real Life was not maintaining the issues/program lists
       in the station's public inspection file. In response to the agents'
       request, Real Life was unable to provide to the agents any of the
       issues/programs lists for station WIFI either during or after the
       inspection. The agents also inspected the station's EAS equipment and
       determined that it was fully operational.

   20. On June 2, 2008, the Philadelphia Office issued a Notice of Apparent
       Liability for Forfeiture ("NAL") in the amount of $23,000 for
       apparently willfully and repeatedly violating Sections 73.1745(a),
       11.35, 73.49, and 73.3526(e)(12) of the Rules by operating station
       WIFI with excessive power, failing to maintain an operational EAS
       system, failing to maintain an effective enclosure at the base of the
       WIFI tower, and failing to maintain issues/program lists in the public
       inspection file. In its response to the NAL, Real Life requests a
       cancellation or reduction based on its remedial efforts, its good
       faith efforts to comply with the Rules, its history of overall
       compliance, and its inability to pay.

   III. DISCUSSION

   21. The proposed forfeiture amount in this case was assessed in accordance
       with Section 503(b) of the 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 ("Forfeiture
       Policy Statement"). In examining Real Life'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. As discussed below, we have considered Real Life's response
       to the NAL in light of these statutory factors and have found that a
       reduction in the forfeiture to $18,400  is warranted based on Real
       Life's history of compliance with the Rules.

   22. We find no merit in Real Life's claim that a cancellation or reduction
       in the forfeiture proposed in the NAL for violating Section 73.49 of
       the Rules is warranted because having one unsecured fence is much less
       serious than other situations in which we have found a violation of
       Section 73.49 of the Rules. Specifically, Real Life submits that it
       has fences surrounding the bases of each of its towers and that,
       although one of the fences was "inadvertently unsecured at the time of
       inspection," it is unlike situations where a licensee has "utterly
       failed to enclose or secure its transmitter site." We disagree. The
       underlying policy rationale for requiring licensees to maintain
       effective tower enclosures is to protect the public from gaining
       access to a radiating antenna. While Real Life may have fences
       surrounding each of its four antenna structures, the one antenna
       structure that was actually radiating was the one that was not secured
       by a locked fence. The fact that other sections of the WIFI
       transmitter site were secured at the time is irrelevant. We therefore
       decline to reduce or cancel the forfeiture on this basis.

   23. Similarly, we decline to cancel or reduce the forfeiture based on Real
       Life's claim that the amount of time it took the consulting engineer
       to purchase and install a new lock for the fence was reasonable.
       Agents found the gate unlocked on April 20, 2007, and immediately
       advised Real Life's president of the violation. The gate still was
       unlocked when agents returned three days later on April 23, 2007. We
       do not believe that three days to replace the lock was reasonable
       given that the public's safety and the possibility of contact with a
       radiating antenna were involved.

   24. Real Life's response to the NAL regarding the other violations -
       operating station WIFI with excessive power, failing to maintain an
       operational EAS system, and failing to maintain issues/program lists
       in the public inspection file - consists almost entirely of
       information regarding efforts it undertook after the agents'
       inspections in April 2007. As the Commission has stated, "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." We therefore will not cancel or reduce the proposed
       forfeiture based on Real Life's efforts to correct the violations
       after the agents' inspections.

   25. We also decline to reduce the forfeiture based on Real Life's claim of
       financial hardship. In assessing such a claim, the Commission
       considers the totality of the circumstances and thus takes into
       account the assets of a subject's parent, sister, or subsidiary
       companies. In support of its claim of financial hardship, Real Life
       submits its federal tax returns for the years 2005, 2006, and 2007,
       which it filed on Form 990-EZ. On its tax returns for 2005 and 2006,
       Real Life indicates in Part IV of Schedule A ("Reason for Non-Private
       Foundation Status") that it is a "Type II" organization based on its
       relationship with "Burlington Assembly of God" as its "supported
       organization." According to the instructions for Schedule A for Form
       990-EZ, a "Type II supported organization is supervised or controlled
       in connection with one or more publicly supported organizations" and a
       "Type II relationship is comparable to a brother-sister relationship."
       As a result, Real Life was asked to submit financial information
       regarding Burlington Assembly of God. Burlington Assembly of God, also
       known as the Fountain of Life Center, declined to submit any financial
       documentation, claiming that it "does not own or hold any interest in
       Real Life (which is a separate corporation)." As noted above, however,
       the Commission takes into account the assets of related entities,
       including those of a sister company. Absent financial information from
       Burlington Assembly of God, we find that we do not have a complete
       picture of Real Life's ability to pay the proposed forfeiture. We
       therefore will not cancel or reduce the forfeiture on this basis.

   26. We conclude, however, that a reduction in the forfeiture is warranted
       based on Real Life's history of compliance with the Commission's
       Rules. We have reviewed the Commission database and we find that a
       reduction in the forfeiture to $18,400 is warranted.

   IV. ORDERING CLAUSES

   27. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311 and
       1.80(f)(4) of the Commission's Rules, Real Life Broadcasting, Inc. IS
       LIABLE FOR A MONETARY FORFEITURE in the amount of eighteen thousand
       four hundred dollars ($18,400) for violations of Section 73.1745(a),
       11.35, 73.49, and 73.3526(e)(12) of the Rules.

   28. 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. Real Life Broadcasting, Inc. shall also
       send electronic notification on the date said payment is made to
       NER-Response@fcc.gov.

   29. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class and Certified Mail Return Receipt Requested to Real Life
       Broadcasting, Inc. at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   G. Michael Mofffitt

   Regional Director, Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 73.1745(a), 11.35 and 73.49(a), and 73.3526(e)(12).

   On April 20, 2007 at 1:45 p.m., the agents determined that station WIFI
   was operating with 4991 Watts based on a reading of the common point
   meter. Subsequent to the inspection, the station's contract engineer
   informed the agents that the common point meter was not providing reliable
   readings and that he did not know the last time the meter was calibrated.
   The agents reviewed the station's transmitter logs and found an entry
   indicating the contract engineer determined the station's operating power
   was 1250 Watts on April 20, 2007 at 5:30 p.m. The determination was based
   on the contract engineer's observation of a meter on the transmitter that
   provides power readings in a percentage of 5000 Watts.

   On February 7, 2008, the WIFI contract engineer informed the agents that
   the Burk ARC Plus was installed a week or so after the FCC inspection on
   April 24, 2007.

   On October 2, 2007, the Commission granted Real Life an Extension of
   Special Temporary Authority authorizing Real Life to operate station WIFI
   for an additional period of 90 days with a non-directional antenna and a
   power reduction to 125 Watts daytime and nighttime. The Commission also
   specified that WIFI must operate with a further reduced power than
   authorized in the previous STA, because the Commission received complaints
   that WIFI was causing harmful interference to another licensed station and
   the Commission was unable to find that any progress had been made toward
   restoration of licensed operation. Although the Extension of Special
   Temporary Authority expired on January 2, 2008, Real Life did not file
   another request for Extension of STA with the Commission until February 6,
   2008. On May 12, 2008, the Commission granted the request for STA that
   Real Life filed on February 6, 2008. In light of the lapse of time between
   the expiration of the prior STA on January 2, 2008 and the filing of the
   February 6, 2008 request for Extension of STA, the Commission considered
   the February 6, 2008 filing as a request for new STA. Therefore, the grant
   did not cover the period between the expiration of the prior STA on
   January 2, 2008 and the filing of the February 6, 2008 request.

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832400005 
   (Enf. Bur., Philadelphia Office, released June 2, 2008).

   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).

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

   Real Life cites to Pittman Broadcast Services, LLC, Forfeiture Order, 19
   FCC Rcd 15320 (EB 2004) in which the licensee erroneously relied on marshy
   terrain to prevent access to its towers and Radio Bonners Ferry, Inc.,
   Forfeiture Order, 19 FCC Rcd 4716 (EB 2004), in which the licensee had a
   gate that was incapable of being closed or locked.

   Real Life also submits that the tower site is in the middle of a large
   parcel of private property and that the towers are set back approximately
   800 feet from the road. While the towers may in fact be set back from the
   road, the property is easily accessible to the public and, more
   importantly, a school, Life Center Academy, is located on the property
   near the towers.

   We note that on April 24, 2007, the consulting engineer reported to agents
   that he had been keeping the gate unlocked because he had lost the key,
   not, as Real Life now claims, because the grass around the tower had just
   been mowed.

   We note that, with regard to its overpowered operation, Real Life reports
   that it does not believe any "impermissible harmful interference" would
   have occurred to other stations. It is well established, however, that the
   absence of harm is not considered a mitigating factor of a rule violation.
   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).

   See Seawest Yacht Brokers, 9 FCC Rcd 6099 (1994).

   See KASA Radio Hogar, Inc., 17 FCC Rcd 6256, 6258-59 P:P: 4-5 (2002)
   (stating that it is appropriate to consider the income derived from its
   consolidated operations to determine whether the "licensee in general is
   financially capable of paying a forfeiture, not whether financial data
   from a limited portion of its operations can sustain a forfeiture");
   American Family Association, 18 FCC Rcd 2413, 2424-15 P: 6 (Enf. Bur.
   2003) (stating that an evaluation of the ability to pay necessitates a
   review of the revenues of not only the licensee, but of its parent company
   as well).

   For 2007, Real Life submitted a copy of its Form 990-N, "Electronic Notice
   (e-postcard)," which apparently was filed in lieu of a complete federal
   tax return because its gross receipts were less than $25,000 in 2007.

   E-mail from Brendan Holland, Counsel for Real Life, to Sharon Webber,
   Regional Counsel for Northeast Region, Enforcement Bureau, dated July 31,
   2009.

   In addition to the relationship between Burlington Assembly of God and
   Real Life indicated in Real Life's federal tax returns, we also note that
   the Fountain of Life Center's website states that it runs several
   ministries, one of which is radio station WIFI. See
   www.flcnj.org/ministries.

   47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4), 73.1745(a),
   11.35 and 73.49(a), and 73.3526(e)(12).

   .

   Federal Communications Commission DA 09-1991

   2

   Federal Communications Commission DA 09-1991