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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
File No. EB-07-TP-064
Halifax Christian Community Church, )
Inc. NAL/Acct. No. 200832700014
)
Licensee of WFBO-LP FRN: 0006871339
)
Flagler Beach, Florida .
)
Facility ID # 133320 File No. EB-07-IH-9610
)
)
)
ORDER
Adopted: April 13, 2009 Released: April 15, 2009
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau ("Bureau") and Halifax Christian
Community Church, Inc. ("Halifax"). The Consent Decree cancels the
forfeiture imposed by the Bureau against Halifax for violations of
Section 73.845 of the Commission's Rules ("Rules") and Section 301 of
the Communications Act of 1934, as amended ("Act"), regarding
Halifax's operation of its station in a manner inconsistent with its
station authorization and its operation of an unlicensed radio
transmitter. The Consent Decree also terminates an investigation by
the Bureau of possible violations of Section 73.503(b) of the Rules
and Section 399(b) of the Act, regarding Halifax's broadcast of
announcements in violation of the Commission's underwriting rules.
2. The Bureau and Halifax have negotiated the terms of the Consent Decree
that resolve this matter. A copy of the Consent Decree is attached
hereto and incorporated by reference.
3. After reviewing the terms of the Consent Decree and evaluating the
facts before us, we find that the public interest would be served by
adopting the Consent Decree, terminating the investigation, and
canceling the forfeiture.
4. In the absence of material new evidence relating to this matter, we
conclude that our investigation raises no substantial or material
questions of fact as to whether Halifax possesses the basic
qualifications, including those related to character, to hold or
obtain any Commission license or authorization, however, Halifax has
agreed to refrain from applying for any new licenses for a five-year
period, as stated in the Consent Decree.
5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b)
of the Communications Act of 1934, as amended, and sections 0.111 and
0.311 of the Commission's Rules, the Consent Decree attached to this
Order IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned investigation IS
TERMINATED and the eight thousand one hundred dollar ($8,100)
forfeiture imposed in the June 30, 2008 Forfeiture Order IS CANCELLED.
7. IT IS FURTHER ORDERED that Halifax Christian Community Church, Inc.
SHALL NOTIFY the Media Bureau of its desire to cancel its license for
station WFBO-LP within two business days of the Effective Date.
8. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
shall be sent by first class mail and certified mail, return receipt
requested, to Halifax Christian Community Church, Inc. at its address
of record.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of
) File No. EB-07-TP-064
Halifax Christian Community Church,
Inc. ) NAL/Acct. No. 200832700014
Licensee of WFBO-LP ) FRN: 0006871339
Flagler Beach, Florida ) .
Facility ID # 133320 ) File No. EB-07-IH-9610
)
)
CONSENT DECREE
The Enforcement Bureau ("Bureau") and Halifax Christian Community Church,
Inc. ("Halifax"), by their authorized representatives, hereby enter into
this Consent Decree for the purpose of terminating the Bureau's forfeiture
proceeding for violations of Section 73.845 of the Commission's Rules
("Rules") and Section 301 of the Communications Act of 1934, as amended
("Act"), regarding Halifax's operation of its station in a manner
inconsistent with its station authorization and its operation of an
unlicensed radio transmitter. The Consent Decree also terminates an
investigation by the Bureau of possible violations of Section 73.503(b) of
the Rules and Section 399(b) of the Act, regarding Halifax's broadcast of
announcements in violation of the Commission's noncommercial underwriting
rules.
I. DEFINITIONS
1. For the purposes of this Consent Decree, the following definitions
shall apply:
a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C.
S: 151 et seq.
b. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission.
c. "Commission" and "FCC" mean the Federal Communications Commission and
all of its bureaus and offices.
d. "Complaint" means the complaint from Dawn M. Sciarrino, Esq. to
Hillary S. DeNigro, Chief, Investigations & Hearings Division,
Enforcement Bureau, Federal Communications Commission, dated December
1, 2007.
e. "Effective Date" means the date on which the Commission releases the
Adopting Order.
f. "Forfeiture Order" means the Forfeiture Order issued by the South
Central Region of the Enforcement Bureau to Halifax on June 30, 2008,
DA 08-1508, 23 FCC Rcd 10081, for its operation of station WFBO-LP
inconsistent with its station authorization and its operation of an
unlicensed radio transmitter.
g. "Halifax" means Halifax Christian Community Church, Inc. and its
predecessors-in-interest and successors-in-interest.
h. "Investigation" means the investigation commenced by the Bureau's June
4, 2008 Letter of Inquiry regarding whether Halifax violated the
Commission's noncommercial underwriting rules.
i. "Order" or "Adopting Order" means an Order of the Commission adopting
the terms of this Consent Decree without change, addition, deletion,
or modification.
j. "Parties" means Halifax and the Bureau.
k. "Rules" means the Commission's regulations found in Title 47 of the
Federal Regulations.
II. BACKGROUND
2. Pursuant to Section 301 of the Act, no person shall use or operate any
apparatus for the transmission of energy or communications or signals
by radio within the United States except under and in accordance with
the Act and with a license.
3. Pursuant to Section 73.845 of the Rules, each Low Power FM ("LPFM")
licensee is responsible for maintaining and operating its broadcast
station in a manner in accordance with the terms of the station
authorization.
4. Under the Act, advertisements are defined as program material
broadcast "in exchange for any remuneration" and intended to "promote
any service, facility, or product" of for-profit entities. The
pertinent statute specifically provides that noncommercial educational
stations may not broadcast advertisements. Although contributors of
funds to such stations may receive on-air acknowledgements, the
Commission has held that such acknowledgements may be made for
identification purposes only, and should not promote the contributors'
products, services, or businesses. Specifically, such announcements
may not contain comparative or qualitative descriptions, price
information, calls to action, or inducements to buy, sell, rent or
lease.
5. On December 1, 2007, the Bureau received a complaint alleging that
Halifax had broadcast certain announcements in violation of the
Commission's noncommercial underwriting rules. On June 4, 2008, the
Bureau issued a LOI to Halifax, thereby commencing the Investigation.
Halifax responded to the LOI on July 2, 2008.
6. On April 8, 2008, the Commission's Tampa Office of the Bureau issued a
Notice of Apparent Liability for Forfeiture ("NAL") proposing that
Halifax be held liable for a forfeiture of $24,000 under section
503(b)(1)(B) of the Act, and ordered the Company either to pay the
proposed forfeiture or file a written response within thirty (30) days
of the NAL release date stating why the proposed forfeiture should be
reduced or canceled. Halifax submitted a response to the NAL,
requesting a reduction of the forfeiture based on its inability to pay
the forfeiture. On June 30, 2008, the South Central Region of the
Bureau accepted Halifax's claim of inability to pay the forfeiture and
issued the Forfeiture Order in the amount of $8,100.
7. Following release of the Forfeiture Order, Halifax contacted the
Bureau and voluntarily offered to relinquish its license for station
WFBO-LP.
III. TERMS OF AGREEMENT
8. Adopting Order. The Parties agree that the provisions of this Consent
Decree shall be subject to final approval by the Bureau by
incorporation of such provisions by reference in the Adopting Order
without change, addition, modification, or deletion.
9. Jurisdiction. Halifax agrees that the Bureau has jurisdiction over it
and the matters contained in this Consent Decree and has the authority
to enter into and adopt this Consent Decree.
10. Effective Date; Violations. The Parties agree that this Consent Decree
shall become effective on the date on which the Bureau releases the
Adopting Order. Upon release, the Adopting Order and this Consent
Decree shall have the same force and effect as any other Order of the
Bureau. Any violation of the Adopting Order or of the terms of this
Consent Decree shall constitute a separate violation of a Bureau
Order, entitling the Bureau to exercise any rights and remedies
attendant to the enforcement of a Commission Order.
11. Termination of Investigation. In express reliance on the covenants and
representations in this Consent Decree and to avoid further
expenditure of public resources, the Bureau agrees to terminate its
Investigation and cancel the forfeiture imposed in the Forfeiture
Order. In consideration for the termination of said Investigation and
cancellation of the forfeiture, Halifax agrees to the terms,
conditions, and procedures contained herein. The Bureau further agrees
that in the absence of new material evidence, the Bureau will not use
the facts underlying the Forfeiture Order or developed in this
Investigation through the Effective Date of the Consent Decree, or the
existence of this Consent Decree, to institute, on its own motion, any
new proceeding, formal or informal, or take any action on its own
motion against Halifax concerning the matters that were the subject of
the Forfeiture Order or the Investigation. The Bureau also agrees that
it will not use the facts underlying the Forfeiture Order or developed
in this Investigation through the Effective Date of this Consent
Decree, or the existence of this Consent Decree, to institute on its
own motion any proceeding, formal or informal, or take any action on
its own motion against Halifax with respect to Halifax's basic
qualifications, including its character qualifications, to be a
Commission licensee. The Commission, however, shall be permitted to
take into account the facts underlying the Forfeiture Order and
developed in this Investigation and the existence of this Consent
Decree and its terms when evaluating any new applications for license
submitted by Halifax.
12. Cancellation of License and Other Terms. For purposes of settling the
matters set forth herein, Halifax agrees to (1) turn in its license
for station WFBO-LP. Halifax shall submit to the Media Bureau a letter
stating that it is relinquishing its license for WFBO-LP within two
business days of the Effective Date; (2) Halifax shall refrain from
applying for a new broadcast license for five (5) years from the
Effective Date; and (3) Halifax shall disclose this Consent Decree and
its terms with any application for a new broadcast license filed
thereafter. The Bureau shall provide a copy of this Consent Decree and
the Adopting Order to the Media Bureau upon its release.
13. Waivers. Halifax waives any and all rights it may have to seek
administrative or judicial reconsideration, review, appeal or stay, or
to otherwise challenge or contest the validity of this Consent Decree
and the Order adopting this Consent Decree, provided the Bureau issues
an Order adopting the Consent Decree without change, addition,
modification, or deletion. Halifax shall retain the right to challenge
Commission interpretation of the Consent Decree or any terms contained
herein. If either Party (or the United States on behalf of the
Commission) brings a judicial action to enforce the terms of the
Adopting Order, neither Halifax nor the Bureau shall contest the
validity of the Consent Decree or the Adopting Order, and Halifax
shall waive any statutory right to a trial de novo. Halifax hereby
agrees to waive any claims it may otherwise have under the Equal
Access to Justice Act, 5 U.S.C. S: 504 and 47 C.F.R. S: 1.1501 et
seq., relating to the matters addressed in this Consent Decree.
14. Subsequent Rule or Order. The Parties agree that if any provision of
the Consent Decree conflicts with any subsequent rule or Order adopted
by the Commission (except an Order specifically intended to revise the
terms of this Consent Decree to which Halifax does not expressly
consent) that provision will be superseded by such Commission rule or
Order.
15. Successors and Assigns. Halifax agrees that the provisions of this
Consent Decree shall be binding on its successors, assigns, and
transferees.
16. Final Settlement. The Parties agree and acknowledge that this Consent
Decree shall constitute a final settlement between the Parties.
17. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
18. Paragraph Headings. The headings of the Paragraphs in this Consent
Decree are inserted for convenience only and are not intended to
affect the meaning or interpretation of this Consent Decree.
19. Authorized Representative. Each party represents and warrants to the
other that it has full power and authority to enter into this Consent
Decree.
20. Counterparts. This Consent Decree may be signed in any number of
counterparts (including by facsimile), each of which, when executed
and delivered, shall be an original, and all of which counterparts
together shall constitute one and the same fully executed instrument.
________________________________
Kris Anne Monteith
Chief
Enforcement Bureau
________________________________
Date
________________________________
Ronald L. Kocher
President
Halifax Christian Community Church, Inc.
________________________________
Date
Halifax Christian Community Church, Inc., Forfeiture Order, 23 FCC Rcd
10081 (Enf. Bur. South Central Region, 2008).
47 C.F.R. S: 73.845.
47 U.S.C. S: 301.
47 C.F.R. S: 73.503(b).
47 U.S.C. S: 399(b).
47 U.S.C. S: 154(i), 503(b).
47 C.F.R. S:S: 0.111, 0.311.
47 C.F.R. S: 73.845.
47 U.S.C. S: 301.
47 C.F.R. S: 73.503(b).
47 U.S.C. S: 399(b).
See Letter from Priya Shrinivasan, Acting Assistant Chief,
Investigations and Hearings Division, Enforcement Bureau, to Halifax
Christian Community Church, Inc., dated June 4, 2008 ("LOI").
47 C.F.R. S: 73.503(b).
47 U.S.C. S: 301.
47 C.F.R. S: 73.845.
See 47 U.S.C. S: 399b(a).
See id.
See In the Matter of the Commission Policy Concerning the
Noncommercial Nature of Educational Broadcasting Stations, Public
Notice (1986), republished, 7 FCC Rcd 827 (1992) ("Public Notice").
See id.
See Complaint from Dawn M. Sciarrino, Esq. to Hillary S. DeNigro,
Chief, Investigations & Hearings Division, Enforcement Bureau, Federal
Communications Commission, dated December 1, 2007.
See LOI, supra note 5.
See Letter from Ronald L. Kocher, President, Halifax Christian
Community Church, Inc., to Kenneth M. Schiebel, Jr., Assistant Chief,
Investigations & Hearings Division, Enforcement Bureau, Federal
Communications Commission, dated July 2, 2008 ("Response").
Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200832700014 (Enf. Bur., Tampa Office, April 8, 2008) ("NAL").
Federal Communications Commission DA 09-790
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Federal Communications Commission DA 09-790
Federal Communications Commission DA 09-790
Federal Communications Commission DA 09-790