*Pages 1--3 from Microsoft Word - 22091.doc* Federal Communications Commission DA 02- 2665 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Faith Bible College, Inc. ) File No. EB- 02- TP- 221 ) NAL/ Acct. No. 200232700010 Licensee of Station WTGF- FM ) FRN 0006- 7335- 47 Milton, Florida ) MEMORANDUM OPINION AND ORDER Adopted: October 15, 2002 Released: October 17, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order (“ Order”), we cancel the proposed monetary forfeiture in the amount of eight thousand dollars ($ 8,000) issued to Faith Bible College, Inc. (“ Faith Bible”), licensee of Station WTGF- FM, Milton, Florida, for failure to maintain operational Emergency Alert System (“ EAS”) equipment at Station WTGF in apparent willful violation of Section 11.35( a) of the Commission’s Rules (“ Rules”). 1 However, we conclude that Faith Bible willfully violated Section 11.35( a) and admonish Faith Bible for this violation. 2. On June 4, 2002, the Commission’s Tampa, Florida Field Office (“ Tampa Office”) issued a Notice of Apparent Liability for Forfeiture (“ NAL”) to Faith Bible for a forfeiture in the amount of eight thousand dollars ($ 8,000). 2 Faith Bible filed a response to the NAL on June 18, 2002. II. BACKGROUND 3. On March 13, 2002, an FCC agent from the Tampa Office inspected Station WTGF. The inspection revealed that the station had EAS equipment installed, but the equipment was turned off. The station’s Chief of Operations told the agent that the EAS decoder had not been operational for one week. The agent observed that there were no logs available at the time of inspection that indicated any equipment failures, that the equipment had been removed from service, or that the station had ever conducted the required weekly and monthly EAS tests. 4. On June 4, 2002, the Tampa Office issued an NAL for a $8,000 forfeiture to Faith Bible for apparently failing to maintain operational EAS equipment at WTGF in willful violation of Section 11.35( a) of the Rules. In its response to the NAL, Faith Bible admits that the EAS equipment was not 1 47 C. F. R. § 11.35( a). 2 Notice of Apparent Liability for Forfeiture, NAL/ Acct. No. 200232700010 (Enf. Bur., Tampa Office, released June 4, 2002). 1 Federal Communications Commission DA 02- 2665 2 operational at the time of the inspection and that the station’s Chief of Operations had failed to keep the EAS logs up to date. However, Faith Bible requests cancellation or a substantial reduction of the forfeiture, asserting that payment of the proposed forfeiture will impose a financial hardship on the station. In support of its inability to pay claim, Faith Bible submits certain financial information. Faith Bible also states that following the inspection, it had the EAS equipment repaired and that it has instructed its Chief of Operations to keep the EAS logs up to date. III. DISCUSSION 5. The forfeiture amount in this case was assessed in accordance with Section 503( b) of the Communications Act of 1934, as amended, (“ Act”), 3 Section 1.80 of the Rules, 4 and The Commission’s Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) (“ Policy Statement”). In examining Faith Bible’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. 5 6. Section 11.35( a) of the Rules requires broadcast stations to install and maintain operational EAS equipment so that monitoring and transmitting functions are available during the times when the station is in operation. Section 11.35( b) provides that if EAS equipment becomes defective, a broadcast station may operate without the defective equipment pending its repair or replacement for up to 60 days without requesting FCC authorization. Section 11.35( b) further provides that entries must be made in the station log showing the date and time the equipment was removed from service and restored to service. Faith Bible admits in its response to the NAL that the EAS equipment was not operating at the time of the inspection. During the inspection, the station’s Chief of Operations stated that the EAS equipment had not been operational for one week. However, Faith Bible had no EAS logs or other documentation to verify when the equipment was taken out of service. Accordingly, based on the available evidence, we conclude that Faith Bible willfully violated Section 11.35( a) of the Rules. 7. Although Faith Bible states that the EAS equipment has been repaired and that it has instructed its Chief of Operations to keep the EAS logs up to date, the Commission has stated that remedial actions taken to correct a violation are not mitigating factors warranting reduction of a forfeiture. 6 However, based on the financial documentation provided by Faith Bible, we conclude that payment of the proposed $8,000 forfeiture would impose a financial hardship on Faith Bible. Therefore, we will cancel the proposed forfeiture. Nevertheless, we find that it is appropriate to admonish Faith Bible for its willful violation of Section 11.35( a). 3 47 U. S. C. § 503( b). 4 47 C. F. R. § 1.80. 5 47 U. S. C. § 503( b)( 2)( D). 6 See Station KGVL, Inc., 42 FCC 2d 258, 259 (1973). 2 Federal Communications Commission DA 02- 2665 3 IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.80( f)( 4) of the Rules, 7 the forfeiture in the amount of eight thousand dollars ($ 8,000) proposed in the June 4, 2002 NAL issued to Faith Bible College, Inc. IS CANCELLED. 9. IT IS FURTHER ORDERED that Faith Bible IS ADMONISHED for failure to maintain operational EAS equipment at Station WTGF in willful violation of Section 11.35( a) of the Rules. 10. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return Receipt Requested to Dr. E. M. Johnson, President, Faith Communications, 6423 Hamilton Bridge Road, Milton, Florida 32570- 4625. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 7 47 C. F. R. §§ 0.111, 0. 311, 1.80( f)( 4). 3