Federal Communications Commission	DA 19-1108


Before the
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554


In the Matter of

Livingston W. Fulton
Licensee of WSRA(AM), Albany, Georgia
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FRN:  0014417851
Fac. ID 37451

ORDER

Adopted:  October 28, 2019	Released:  October 28, 2019

By the Media Bureau and Office of the Managing Director:

1. By this Order, we cancel the Order to Pay or to Show Cause issued to Livingston W. Fulton in relation to delinquent regulatory fees owed to the Commission for WSRA(AM), Albany, Georgia (Station). Livingston W. Fulton, Order to Pay or to Show Cause, DA 19-631 (MB July 9, 2019) (Order to Pay or to Show Cause).  
  The Order to Pay or to Show Cause required Fulton to file with the Bureau documented evidence that full payment of the Station’s outstanding regulatory fees had been made, or to show cause why the fees were inapplicable or should be waived or deferred. The Order to Pay or to Show Cause required Fulton to respond within 60 days.  Id. at para. 5.  Fulton’s representative responded after this time period, submitting letters to the Commission on September 26, October 2, and October 15, 2019.  Letter from E. Morgan Skinner, Jr., Managing Partner, Rockwell Media Svcs., LLC, to Marlene H. Dortch, Secretary, FCC (rec’d Oct. 15, 2019); E-mail from E. Morgan Skinner, Jr., Managing Partner, Rockwell Media Svcs., LLC, to Albert Shuldiner, Chief, Audio Division, FCC Media Bureau (Oct. 2, 2019 12:58 PM); Letter from E. Morgan Skinner, Jr., Managing Partner, Rockwell Media Svcs., LLC, to Marlene H. Dortch, Secretary, FCC (rec’d Oct. 2, 2019); Letter from E. Morgan Skinner, Jr., Managing Partner, Rockwell Media Svcs., LLC, to Marlene H. Dortch, Secretary, FCC (rec’d Sept. 26, 2019).   Because the validity of the Station’s license is at stake in this proceeding and Fulton alleges the fees are not owed, we find good cause to consider the merits of these late-filed pleadings. 
  Fulton responded to the Order to Pay or to Show Cause, alleging that he was not the licensee of the Station, that Agape Life Ministries, Inc. (Agape)—a non-profit corporation organized under the laws of the State of Georgia—was the licensee, and thus, that the regulatory fees at issue were inapplicable.  We have verified that Agape has been the Station’s licensee since 2004, See File No. BAL- 20040316ADT; Broadcast Actions, Public Notice, Report No. 45799 (MB Aug. 16, 2004) (authorizing assignment of the Station’s license from Lifeline Radio Corp. to Agape).
 and modified the Commission’s records to reflect this.  We also have confirmed that Agape is a non-profit corporation organized under the laws of the State of Georgia and has operated as such since 1999.  Because non-profit entities are exempt from regulatory fees, 47 CFR § 1.1162(c) (specifying that no regulatory fee shall be required for “[a]pplicants and permittees who qualify as nonprofit entities”).
 we conclude that Fulton has demonstrated that the delinquent regulatory fees identified in the Order to Pay or to Show Cause are inapplicable.  
2. Accordingly, IT IS ORDERED that, pursuant to sections 0.11, 0.61, 0.231, and 0.283 of the Commission’s Rules, 47 U.S.C. § 159A(c)(4); 47 CFR §§ 0.11, 0.61, 0.231, 0.283, 1.1164(f).  
 the Order to Pay or to Show Cause issued July 9, 2019, IS HEREBY CANCELLED.  IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail 

and registered mail, return receipt requested, to Agape Life Ministries, Inc., WSRA Radio Station, 816 7th Avenue, Albany, GA 31701.  
FEDERAL COMMUNICATIONS COMMISSION


					
Michelle M. Carey
Chief, Media Bureau



Mark Stephens
Managing Director, Office of the Managing Director
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