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




                                FORFEITURE ORDER

   Adopted: March 7, 2013 Released: March 7, 2013

   By the Regional Director, South Central Region, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Forfeiture Order (Order), we issue a monetary forfeiture in
       the amount of one thousand seven hundred fifty dollars ($1,750) to
       Inter-city Christian Youth Program, Inc. (ICYP), licensee of low power
       FM Station KCYP-LP in Mission,  Texas (Station), for willfully and
       repeatedly violating Section 11.35(a)  of the Commission's rules
       (Rules).^ The noted violations involved ICYP's failure to install and
       maintain operational Emergency Alert System (EAS) equipment.

   II. BACKGROUND

    2. On August 15, 2012, the Enforcement Bureau's Houston Office (Houston
       Office) issued a Notice of Apparent Liability for Forfeiture and Order
       (NAL) ^ ^ to ICYP for its failure to install EAS equipment. In
       response to the NAL, ICYP requests cancellation of the forfeiture due
       to its inability to pay the forfeiture.^ ICYP also states that
       following the agent's inspection the Station installed an operational
       EAS decoder.^

   III. DISCUSSION

    3. The proposed forfeiture amount 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 Forfeiture Policy
       Statement.^ In examining ICYP's response, Section 503(b)(2)(E) 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 ICYP's response in
       light of these statutory factors and find that a reduction of the
       forfeiture is warranted.

    4. First, we affirm the NAL's undisputed finding that ICYP willfully and
       repeatedly violated Section 11.35(a) of the Rules.^ 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.^ As discussed in the NAL,
       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 response to the NAL,
       ICYP apologized for its lack of EAS equipment and stated that it was
       unaware that low power FM stations were required to have EAS equipment
       but that it has since purchased and installed an EAS decoder.^ Thus,
       based on the evidence before us, we conclude that ICYP willfully and
       repeatedly violated Section 11.35(a) of the Rules by failing to
       install and maintain operational EAS equipment.

    5. In response to the NAL, ICYP also requests cancellation of the
       proposed forfeiture based on its inability to pay. With regard to an
       individual or entity's inability to pay claim, the Commission has
       determined that, in general, gross revenues are the best indicator of
       an ability to pay a forfeiture.^ Based on the financial documents
       provided by ICYP, we conclude that a reduction of the forfeiture to
       $1,750 is warranted.^ However, we caution ICYP that a party's
       inability to pay is only one factor in our forfeiture calculation
       analysis, and is not dispositive.^ We have previously rejected
       inability to pay claims in cases of repeated or otherwise egregious
       violations.^ Therefore, future violations of this kind may result in
       significantly higher forfeitures that may not be reduced due to ICYP's
       financial circumstances.

   IV. ORDERING CLAUSES

    6. 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(f)(4) of the Commission's rules, Inter-city
       Christian Youth Program, Inc. IS LIABLE FOR A MONETARY FORFEITURE in
       the amount of one thousand seven hundred fifty dollars ($1,750) for
       violations of Section 11.35(a) of the Commission's rules.^

    7. Payment of the forfeiture shall be made in the manner provided for in
       Section 1.80 of the Rules within thirty (30) calendar days after the
       release date of this Forfeiture Order.^  If the forfeiture is not paid
       within the period specified, the case may be referred to the U.S.
       Department of Justice for enforcement of the forfeiture pursuant to
       Section 504(a) of the Act.^  Inter-city Christian Youth Program,
       Inc. shall send electronic notification of payment to
       [1]SCR-Response@fcc.gov on the date said payment is made. The payment
       must be made by check or similar instrument, wire transfer, or credit
       card, and must include the NAL/Account number and FRN referenced
       above. 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.

   8. 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, [2]ARINQUIRIES@fcc.gov.

   9. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be
   sent by both First Class Mail and Certified Mail, Return Receipt
   Requested, to Inter-city Christian Youth Program, Inc. at 2014 Fair Oaks
   Dr., Mission, Texas 78574-2000.

   FEDERAL COMMUNICATIONS COMMISSION

   Dennis P. Carlton

   Regional Director, South Central Region

   Enforcement Bureau

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

   ^ Inter-city Christian Youth Program, Inc., Notice of Apparent Liability
   for Forfeiture and Order, 27 FCC Rcd 9364 (Enf. Bur. 2012). A
   comprehensive recitation of the facts and history of this case can be
   found in the NAL and is incorporated herein by reference.

   ^ Letter from Joe L. Martinez, President, Inter-city Christian Youth
   Project, Inc., to Houston Office, Enforcement Bureau at 1-2 (Sept. 1,
   2012) (on file in EB-FIELDSCR-12-00001738) (NAL Response).

   ^ Id. at 1.

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

   ^ 47 C.F.R. S 1.80.

   ^ 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), recons. denied, 15 FCC Rcd 303 (1999)
   (Forfeiture Policy Statement).

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

   ^ See NAL, supra note 2.

   ^ 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).

   ^ 47 C.F.R. S 11.61.

   ^ NAL Response at 1.

   ^ See PJB Communications of Virginia, Inc., Forfeiture Order, 7 FCC Rcd
   2088, 2089 (1992) (forfeiture not deemed excessive where it represented
   approximately 2.02 percent of the violator's gross revenues); Local Long
   Distance, Inc., Forfeiture Order, 16 FCC Rcd 24385 (2000) (forfeiture not
   deemed excessive where it represented approximately 7.9 percent of the
   violator's gross revenues); Hoosier Broadcasting Corporation, Forfeiture
   Order, 15 FCC Rcd 8640 (2002) (forfeiture not deemed excessive where it
   represented approximately 7.6 percent of the violator's gross revenues).

   ^ This forfeiture falls within the percentage range that the Commission
   has previously found to be not excessive.

   ^ See 47 U.S.C. S 503(b)(2)(E) (requiring Commission to 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).

   ^ Kevin W. Bondy, Forfeiture Order, 26 FCC Rcd 7840 (Enf. Bur., Western
   Region 2011) (holding that violator's repeated acts of malicious and
   intentional interference outweigh evidence concerning his ability to pay)
   (petition for reconsideration pending); Hodson Broadcasting Corp.,
   Forfeiture Order, 24 FCC Rcd 13699 (Enf. Bur. 2009) (holding that
   permittee's continued operation at variance with its construction permit
   constituted an intentional and continuous violation, which outweighed
   permittee's evidence concerning its ability to pay the proposed
   forfeitures).

   ^ 47 U.S.C. S 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314, 1.80(f)(4),
   11.35(a).

   ^ 47 C.F.R. S 1.80.

   ^ 47 U.S.C. S 504(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.

   Federal Communications Commission DA 13-356

   4

   Federal Communications Commission DA 13-356

References

   Visible links
   1. mailto:SCR-Response@fcc.gov
   2. mailto:ARINQUIRIES@fcc.gov