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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                    )                               
                                                                    
                                    )                               
     In the Matter of                   File No.  EB-10-TP-0085     
                                    )                               
     Power Ministries                   Facility ID No.133335       
                                    )                               
     Licensee of Station WRLE-LP,       NAL/Acct. No. 201132700008  
                                    )                               
     Dunnellon, Florida                 FRN 0005344668              
                                    )                               
                                                                    
                                    )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: September 7, 2011 Released: September 7, 2011

   By the District Director, Tampa Office, South Central Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Power Ministries ("Power"), licensee of Station WRLE-LP, in
       Dunnellon, Florida (the "Station"), apparently willfully and
       repeatedly violated sections 73.1660(a)(2) of the Commission's rules
       ("Rules") by failing to operate with an FCC ("Federal Communications
       Commission") certified transmitter. We conclude that Power is
       apparently liable for a forfeiture in the amount of twelve  thousand
       dollars ($12,000).

   II. BACKGROUND

    2. On June 11, 2010, in response to a complaint of interference from the
       Federal Aviation Administration's ("FAA's") Jacksonville Center to its
       Air Traffic Control frequency 133.75 MHz, agents from the Enforcement
       Bureau's Tampa Office ("Tampa Office") used direction-finding
       techniques to locate the source of the interference to spurious
       emissions emanating from Station WRLE-LP. Agents from the Tampa Office
       explained to a representative of the station, the only person present
       at the station, that it was causing interference to the FAA and was
       creating an ongoing safety hazard. The representative refused to turn
       off the transmitter. An agent spoke to the station owner on the
       telephone, reiterating the safety of life hazard and requesting that
       the station turn off its transmitter. The station owner refused to
       turn off the transmitter or instruct his station representative to do
       so, unless his station engineer was present. After a considerable
       delay, almost thirty minutes after the agents first arrived, the
       station owner arrived and allowed the agents to inspect the station.
       The agents observed that the Station was using a transmitter that was
       not certified by the FCC. After the station owner shut down the
       transmitter, the spurious emissions and interference to the FAA
       ceased.

    3. On August 10, 2010, the Tampa Office issued a Letter of Inquiry to
       Power. In its response, Power admitted that its non-certified
       transmitter, consisting of an amplifier and exciter, were in use from
       March 19, 2010 until the inspection on June 11, 2010. Power stated
       that an FCC certified transmitter was fully operational at Station
       WRLE-LP on July 9, 2010.

   III. DISCUSSION

    4. Section 503(b) of the Communications Act of 1934, as amended ("Act"),
       provides that any person who willfully or repeatedly fails to comply
       substantially with the terms and conditions of any license, or
       willfully or repeatedly fails to comply with any of the provisions of
       the Act or of any rule, regulation or order issued by the Commission
       thereunder, shall be liable for a forfeiture penalty.  Section
       312(f)(1) of the Act defines willful as the "conscious and deliberate
       commission or omission of [any] act, irrespective of any intent to
       violate" the law. The legislative history to section 312(f)(1) of the
       Act clarifies that this definition of willful applies to both sections
       312 and 503(b) of the Act, and the Commission has so  interpreted the
       term in the section 503(b) context. The Commission may also assess a
       forfeiture for violations that are merely repeated, and not willful.
       The term "repeated" means the commission or omission of such act more
       than once or for more than one day.

    5. Section 73.1660(a)(2) of the Rules states that an LPFM transmitter
       shall be certified for compliance with the requirements of this part
       following the procedures described in part 2 of this chapter. On June
       11, 2010, an agent from the Tampa Office observed Station WRLE-LP
       using a transmitter that was not certified by the Commission. It was
       this transmitter that apparently was causing direct interference with
       air traffic control. Power admitted that the station used this
       transmitter from March 19, 2010 until June 11, 2010. Thus, based on
       the evidence before us, we find that Power apparently willfully and
       repeatedly violated section 73.1660(a)(2) of the Rules by utilizing a
       non-certified LPFM transmitter.

    6. Pursuant to the Commission's Forfeiture Policy Statement and section
       1.80 of the Rules, the base forfeiture amount for operating with
       unauthorized equipment  is $5,000. In assessing the monetary
       forfeiture amount, we must also take into account the statutory
       factors set forth in section 503(b)(2)(E) of the Act, which include
       the nature, circumstances, extent, and gravity of the violations, 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. In this case, we find that the violation was particularly
       egregious, warranting a $7,000 upward adjustment in the base
       forfeiture. The violation in this instance was particularly serious
       because the interference to FAA operations posed a hazard to the
       safety of life and property. The violation was further exacerbated
       because Power - through the conduct of the representative available at
       the Station at the time the agents arrived, and later by its owner -
       deliberately disregarded the FCC agents' request that it immediately
       turn off the Station's transmitter in order to abate the ongoing
       safety hazard to air traffic control. Applying the Forfeiture Policy
       Statement, section 1.80 of the Rules, and the statutory factors to the
       instant case, we conclude that Power is apparently liable for a
       forfeiture of $12,000.

   IV. ORDERING CLAUSES

    7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the
       Communications Act of 1934, as amended, and sections 0.111, 0.204,
       0.311, 0.314 and 1.80 of the Commission's Rules, Power Ministries is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of twelve thousand dollars ($12,000) for violations of section
       73.1660(a)(2) of the Rules.

    8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the
       Commission's Rules, within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, Power Ministries SHALL
       PAY the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

    9. Payment of the forfeiture must be made by credit card, check or
       similar instrument, payable to the order of the Federal Communications
       Commission. The payment must include the 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.   If you have questions regarding payment
       procedures, please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. Power Ministries  shall
       send electronic notification on the date said payment is made to
       SCR-Response@fcc.gov.

   10. The written statement seeking reduction or cancellation of the
       proposed forfeiture, if any, must include a detailed factual statement
       supported by appropriate documentation and affidavits pursuant to
       sections 1.80(f)(3) and 1.16 of the Rules. Mail the written statement
       to Federal Communications Commission, Enforcement Bureau, South
       Central Region, Tampa Office, 4010 W. Boy Scout Blvd. Suite 425,
       Tampa, Florida 33607  and include the NAL/Acct. No. referenced in the
       caption. Power Ministries also shall email the written response to 
       SCR-Response@fcc.gov.

   11. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices ("GAAP"); or (3) some other reliable and
       objective documentation that accurately reflects the petitioner's
       current financial status. Any claim of inability to pay must
       specifically identify the basis for the claim by reference to the
       financial documentation submitted.

   12. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by both Certified Mail, Return Receipt
       Requested, and regular mail, to Power Ministries  at  3092 SW Harbor
       Hills Road, Dunnellon, Florida 34431.

   FEDERAL COMMUNICATIONS COMMISSION

   Ralph M. Barlow

   District Director

   Tampa Office

   South Central Region

   Enforcement Bureau

   See 47 C.F.R. S: 73.1660(a)(2).

   The agent observed a PTEK amplifier, model FM250E, and a CSI exciter,
   model EX20F, in use.

   See Letter from Ralph Barlow, District Director, Tampa Office, to Anthony
   Downes, President of Power Ministries, dated August 10, 2010.

   See Letter from Anthony Downes, President, Power Ministries, to Tampa
   Office, dated August 14, 2010.

   Id.

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

   See 47 U.S.C. S: 312(f)(1).

   See H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) ("This provision
   [inserted in section 312] defines the terms `willful' and `repeated' for
   purposes of section 312, and for any other relevant section of the act
   (e.g., section 503). . . . As defined[,] . . . `willful' means that the
   licensee knew that he was doing the act in question, regardless of whether
   there was an intent to violate the law. `Repeated' means more than once,
   or where the act is continuous, for more than one day. Whether an act is
   considered to be `continuous' would depend upon the circumstances in each
   case. The definitions are intended primarily to clarify the language in
   sections 312 and 503, and are consistent with the Commission's application
   of those terms . . . .").

   See, e.g., Application for Review of Southern California Broadcasting Co.,
   Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991) ("Southern
   California Broadcasting Co.").

   See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
   Monetary Forfeiture, 16 FCC Rcd 1359, 1362 P: 10 (2001) ("Callais
   Cablevision, Inc.") (proposing a forfeiture for, inter alia, a cable
   television operator's repeated signal leakage).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
   to violations for which forfeitures are assessed under section 503(b) of
   the Act, provides that "[t]he term 'repeated', when used with reference to
   the commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day."

   See 47 C.F.R. S: 73.1660(a)(2).

   See The Commission's Forfeiture Policy Statement and Amendment of Section
   1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and
   Order, 12 FCC Rcd 17087 (1997) ("Forfeiture Policy Statement"), recon.
   denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.

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

   The base forfeiture amount for causing interference is $7,000. See 47
   C.F.R. S: 1.80.

   See 47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314, 1.80,
   73.1660(a)(2).

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 11-1503

                                       4

   Federal Communications Commission DA 11-1503