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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                      )                                      
                                                                             
     In the Matter of                 )                                      
                                          File No.: EB-FIELDSCR-12-00001738  
     Inter-city Christian Youth       )                                      
     Program, Inc.                        NAL/Acct. No.:  201232540008       
                                      )                                      
     Licensee of Station KCYP-LP          FRN: 0016085474                    
                                      )                                      
     Mission, Texas                       Facility ID No.: 135621            
                                      )                                      
                                                                             
                                      )                                      


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: August 15, 2012 Released: August 15, 2012

   By the Resident Agent, Houston Office, South Central Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture and Order (NAL),
       we find that Inter-city Christian Youth Program, Inc. (ICYP), licensee
       of low power FM Station KCYP-LP in Mission,  Texas (Station),
       apparently willfully and repeatedly violated Section 11.35(a)  of the
       Commission's rules (Rules) by failing to install and maintain
       operational Emergency Alert System (EAS) equipment. We conclude that
       ICYP is apparently liable for a forfeiture in the amount of ten 
       thousand dollars ($10,000). In addition, we direct ICYP to submit, no
       later than thirty (30) calendar days from the release date of this
       NAL, a statement signed under penalty of perjury stating that Station
       KCYP-LP now complies with the Commission's
       EAS requirements.

   II. BACKGROUND

    2. On March 29, 2012, in response to a complaint that Station KCYP-LP did
       not have operational EAS equipment, an agent from the Enforcement
       Bureau's Houston Office (Houston Office) inspected the Station in
       Mission, Texas. The agent observed that the Station did not have EAS
       equipment installed and operational at its main studio. The Station's
       manager, who accompanied the agent during the inspection, stated that
       Station KCYP-LP has operated without EAS equipment since the Station
       began operations in August 2007. The Station's manager was also unable
       to provide any EAS logs for the Station.

   III. DISCUSSION

    3. 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. 

   A. Failure to Install and Maintain Operational Emergency Alert System
   Equipment

    4. Every broadcast station is part of the nationwide EAS network and is
       categorized as a participating national EAS source. The EAS enables
       the President and state and local governments to provide immediate
       communications and information to the general public. State and local
       area plans identify key EAS sources responsible for coordinating
       carriage of common emergency messages from the sources such as the
       National Weather Service or local emergency management officials.
       Required monthly and weekly tests originate from EAS Local or State
       Primary sources and must be retransmitted by the participating
       station. As the nation's emergency warning system, the EAS is critical
       to public safety, and we recognize the vital role that broadcasters
       play in ensuring its success. The Commission takes seriously any
       violations of the Rules implementing the EAS and expects full
       compliance from its licensees.

    5. Section 11.35(a) of the Rules requires all broadcast stations to
       ensure that EAS encoders, EAS decoders, and attention signal
       generating and receiving equipment are installed and operational so
       that the monitoring and transmitting functions are available during
       the times the station is in operation. Section 73.1820(a)(1)(iii) of
       the Rules requires licensees to create an entry for each test and
       activation of the EAS in the station log or in a special EAS log. On
       March 29, 2012, an agent from the Houston Office inspected Station
       KCYP-LP and observed that the Station did not have EAS equipment
       installed while it was in operation. In addition, the Station could
       not provide any evidence or EAS logs documenting that it had
       operational EAS equipment installed or that it had ever conducted any
       of the required weekly or monthly EAS tests. In fact, the Station
       manager stated to the agent during the inspection that Station KCYP-LP
       has operated without installed EAS equipment since the Station began
       operations in August 2007. Based on the evidence before us, we find
       that ICYP  apparently willfully and repeatedly violated Section
       11.35(a) of the Rules by failing to install and maintain operational
       EAS equipment.

    B. Proposed Forfeiture Amount and Reporting Requirement

    6. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for failing to have
       operational EAS equipment installed  is $8,000. 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. Given the totality of the
       circumstances, including the duration of the violation, we find an
       upward adjustment in the amount of $2,000 is warranted. Applying the
       Forfeiture Policy Statement, Section 1.80 of the Rules, and the
       statutory factors to the instant case, we conclude that ICYP is
       apparently liable for a total forfeiture of $10,000.

    7. We direct ICYP to submit a written statement, pursuant to Section 1.16
       of the Rules, signed under penalty of perjury by an officer or
       director of ICYP, stating that operational EAS equipment has been
       installed at Station KCYP-LP and that the Station complies with the
       Commission's EAS rules. This statement must be provided to the Houston
       Office at the address listed in paragraph 10 within thirty (30)
       calendar days of the release date of this NAL.

   IV. ORDERING CLAUSES

    8. 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, Inter-city Christian
       Youth Program, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR
       A FORFEITURE in the amount of ten thousand dollars ($10,000) for
       violation of Section 11.35(a) of the Commission's rules.

    9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's rules, within thirty (30) calendar days of the release
       date of this Notice of Apparent Liability for Forfeiture and Order,
       Inter-city Christian Youth Program, Inc. SHALL PAY the full amount of
       the proposed forfeiture or SHALL FILE a written statement seeking
       reduction or cancellation of the proposed forfeiture.

   10. IT IS FURTHER ORDERED that Inter-city Christian Youth Program, Inc.
       SHALL SUBMIT a statement as described in paragraph 7 to the Houston
       Office within thirty (30) calendar days of the release date of this
       Notice of Apparent Liability for Forfeiture and Order. The statement
       must be mailed to Federal Communications Commission, Enforcement
       Bureau, South Central Region, Houston Office, 9597 Jones Road #362,
       Houston, Texas 77065. Inter-city Christian Youth Program, Inc. shall
       also e-mail the written statement to SCR-Response@fcc.gov.

   11. Payment of the forfeiture must be made by check or similar instrument,
       wire transfer, or credit card, and must include the NAL/Account number
       and FRN referenced above. Inter-city Christian Youth Program, Inc.
       shall also send electronic notification on the date said payment is
       made to SCR-Response@fcc.gov. Regardless of the form of payment, a
       completed FCC Form 159 (Remittance Advice) must be submitted. When
       completing the FCC Form 159, enter the Account Number in block number
       23A (call sign/other ID) and enter the letters "FORF" in block number
       24A (payment type code).   Below are additional instructions you
       should follow based on the form of payment you select:

     * Payment by check or money order must be made payable to the order of
       the Federal Communications Commission.  Such payments (along with the
       completed Form 159) must be mailed to Federal Communications
       Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
       via overnight mail to U.S. Bank - Government Lockbox #979088,
       SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. 

     * Payment by wire transfer must be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and Account Number 27000001.  To complete
       the wire transfer and ensure appropriate crediting of the wired funds,
       a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
       the same business day the wire transfer is initiated. 

     * Payment by credit card must be made by providing the required credit
       card information on FCC Form 159 and signing and dating the Form 159
       to authorize the credit card payment. The completed Form 159 must then
       be mailed to Federal Communications Commission, P.O. Box 979088, St.
       Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101. 

   12. Any request for full payment under an installment plan should be sent
       to:  Chief Financial Officer-Financial Operations, Federal
       Communications Commission, 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 by
       phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.

   13. 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, Houston Office, 9597 Jones Road #362, Houston, Texas
       77065 and include the NAL/Acct. No. referenced in the caption.
       Inter-city Christian Youth Program, Inc. also shall e-mail the written
       response to SCR-Response@fcc.gov.

   14. 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.

   15. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture and Order shall be sent by both Certified Mail, Return
       Receipt Requested, and First Class Mail to Inter-city Christian Youth
       Program, Inc. at RT. 1, Box 1050, Mission, Texas 78572.

   FEDERAL COMMUNICATIONS COMMISSION

   Lee R. Browning

   Resident Agent

   Houston Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S: 11.35(a).

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

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

   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), recons. denied,
   7 FCC Rcd 3454 (1992).

   See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
   Monetary Forfeiture, 16 FCC Rcd 1359, 1362, para. 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 Callais Cablevision, Inc., 16 FCC Rcd  at
   1362.

   47 C.F.R. S:S: 11.11, 11.41.

   47 C.F.R. S:S: 11.1, 11.21.

   47 C.F.R. S: 11.18. State EAS plans contain guidelines that must be
   followed by broadcast and cable personnel, emergency officials and
   National Weather Service personnel to activate the EAS for state and local
   emergency alerts. The state plans include the EAS header codes and
   messages to be transmitted by the primary state, local and relay EAS
   sources. 47 C.F.R. S: 11.21.

   47 C.F.R. S: 11.35(a). Low power FM stations are not required to have an
   EAS encoder. See 47 C.F.R. S: 11.11(a).

   47 C.F.R. S: 73.1820(a)(1)(iii). See also 47 C.F.R. S: 11.35 (requiring
   licensees to record in EAS log the cause of any failure to receive any EAS
   tests and when defective EAS equipment is removed from service).

   See 47 C.F.R. S: 11.61.

   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), recons. denied, 15
   FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.

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

   See, e.g., St. George Cable, Inc., Forfeiture Order, 26 FCC Rcd 16027
   (Enf. Bur. 2011) (imposing an upward adjustment of $4,500 for cable system
   that had not installed EAS equipment as of 2002) (forfeiture not paid);
   Richards TV Cable Co., Inc., Notice of Apparent Liability for Forfeiture
   and Order, 27 FCC Rcd 1520 (Enf. Bur. 2012) (proposing upward adjustment
   of $2,000 for cable system that failed to install EAS equipment from 2008
   until 2011, despite being warned to do so).

   47 C.F.R. S: 1.16.

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

   An FCC Form 159 and detailed instructions for completing the form may be
   obtained at http://www.fcc.gov/Forms/Form159/159.pdf.

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

   47 C.F.R. S:S: 1.16, 1.80(f)(3).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 12-1326

                                       2

   Federal Communications Commission DA 12-1326