Federal Communications Commission	DA 23-628


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

In re Application of  

Hobbs Seventh–Day Adventist Church of the Texico Conf Assn

For Renewal of License for
Station K34KZ-D 
Hobbs, New Mexico
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Facility ID No. 181386
NAL/Acct. No. 202341420006
FRN: 0017040080
File No. 0000195194

FORFEITURE ORDER

Adopted:  July 21, 2023	Released:  July 21, 2023

By the Chief, Video Division, Media Bureau:

I. INTRODUCTION
1. In this Forfeiture Order, we issue a monetary forfeiture in the amount of one thousand five hundred dollars ($1,500) to Hobbs Seventh–Day Adventist Church of the Texico Conf Assn (Licensee), licensee of K34KZ-D, Hobbs, New Mexico (Station).  We find that the Licensee willfully violated section 73.3539 of the Commission’s rules (Rules) by failing to timely file a license renewal application for the Station (Application). See 47 CFR § 73.3539; LMS File No. 0000195194.
  
II. BACKGROUND
2. Section 73.3539(a) of the Rules requires that applications for renewal of license for broadcast stations must be filed “not later than the first day of the fourth full calendar month prior to the expiration date of the license sought to be renewed.” Id. § 73.3539(a).  
  An application for renewal of the Station’s license should have been filed by June 1, 2022, the first day of the fourth full calendar month prior to the Station’s license expiration date of October 1, 2022. Id. §§ 73.1020, 73.3539(a). 
  The application was not filed until July 18, 2022.  The Licensee provided no explanation for its untimely filing of the application. 
3. On March 1, 2023, we issued a Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (NAL) proposing a forfeiture in the amount of one thousand five hundred dollars ($1,500).Hobbs Seventh–Day Adventist Church of the Texico Conf Assn, Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, DA 23-161 (Vid. Div. Mar. 1, 2023) (NAL).
  The NAL gave the Licensee thirty days to pay the full amount of the proposed forfeiture, or file a written statement seeking reduction or cancellation of the proposed forfeiture. Id. at para. 9.
  To date, the Licensee has neither paid the proposed forfeiture nor filed a written statement in response to the NAL. Licensee acknowledged receipt of the NAL.

III. DISCUSSION
4. The forfeiture amount proposed in this case was assessed in accordance with section 503(b) of the Communications Act of 1934, as amended (the Act), 47 U.S.C. § 503(b).
 section 1.80 of the Rules, 47 CFR § 1.80. 
 and the Commission’s Forfeiture Policy Statement. 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), recon. denied, 15 FCC Rcd 303 (1999). 
  In assessing forfeitures, section 503(b)(2)(E) of the Act requires that we 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. 47 U.S.C. § 503(b)(2)(E).
  
5. The Licensee was afforded an opportunity to respond to the NAL pursuant to section 1.80 of the Rules 47 CFR § 1.80(g)(3).
, but has failed to either pay the proposed forfeiture or seek reduction or cancellation of it within the time period set forth in the NAL.  Accordingly, we conclude that the Licensee willfully violated section 73.3539 of the Rules and we issue a forfeiture in the amount of $1,500 as proposed in the NAL. We reaffirm our prior statements in the NAL relating to the Station’s Application, NAL at para. 8, and will proceed with grant by separate action upon the conclusion of this forfeiture proceeding if there are no issues other than those set forth in this Forfeiture Order that would preclude grant of the Application.
  
IV. ORDERING CLAUSES
6. IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.283 and 1.80 of the Commission’s Rules, that Hobbs Seventh–Day Adventist Church of the Texico Conf Assn, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $1,500 for its apparent willful violation of section 73.3539 of the Commission’s rules. 
7. Payment of the forfeiture must be made by credit card, ACH (Automated Clearing House) debit from a bank account using the Commission’s Fee Filer (the Commission’s online payment system), Payments made using the Commission’s Fee Filer system do not require the submission of an FCC Form 159.
 or by wire transfer.  The Commission no longer accepts forfeiture payments by check or money order.  Upon payment, it is requested that Licensee send notice that payment has been made to VideoRenewals@fcc.gov.  Below are instructions that payors should follow based on the form of payment selected: For questions regarding payment procedures, please contact the Financial Operations Group Help Desk by phone at 1-877-480-3201 (option #6), or by e-mail at ARINQUIRIES@fcc.gov.  
 
· Payment by wire transfer must be made to ABA Number 021030004, receiving bank TREAS/NYC, and Account Number 27000001.  A completed Form 159 must be faxed to the Federal Communications Commission at 202-418-2843 or e-mailed to RROGWireFaxes@fcc.gov on the same business day the wire transfer is initiated.  Failure to provide all required information in Form 159 may result in payment not being recognized as having been received.  When completing FCC Form 159, enter the Account Number in block number 23A (call sign/other ID), enter the letters “FORF” in block number 24A (payment type code), and enter in block number 11 the FRN(s) captioned above (Payor FRN). Instructions for completing the form may be obtained at https://www.fcc.gov/Forms/Form159/159.pdf. 
  For additional detail and wire transfer instructions, go to https://www.fcc.gov/licensing-databases/fees/wire-transfer.
· Payment by credit card must be made by using the Commission’s Registration System (CORES) at https://apps.fcc.gov/cores/userLogin.do.  To pay by credit card, log-in using the FCC Username associated to the FRN captioned above.  If payment must be split across FRNs, complete this process for each FRN.  Next, select “Manage Existing FRNs | FRN Financial | Bills & Fees” from the CORES Menu, then select FRN Financial and the view/make payments option next to the FRN.  Select the “Open Bills” tab and find the bill number associated with the NAL/Acct. No.  The bill number is the  NAL Acct. No. (e.g., NAL/Acct. No. 1912345678 would be associated with FCC Bill Number 1912345678).  After selecting the bill for payment, choose the “Pay by Credit Card” option.  Please note that there is a $24,999.99 limit on credit card transactions.
· Payment by ACH must be made by using the Commission’s Registration System (CORES) at https://apps.fcc.gov/cores/paymentFrnLogin.do.  To pay by ACH, log in using the FRN captioned above.  If payment must be split across FRNs, complete this process for each FRN.  Next, select “Manage Existing FRNs | FRN Financial | Bills & Fees” on the CORES Menu, then select FRN Financial and the view/make payments option next to the FRN.  Select the “Open Bills” tab and find the bill number associated with the NAL/Acct. No.  The bill number is the NAL/Acct. No. (e.g., NAL/Acct. No. 1912345678 would be associated with FCC Bill Number 1912345678).  Finally, choose the “Pay from Bank Account” option.  Please contact the appropriate financial institution to confirm the correct Routing Number and the correct account number from which payment will be made and verify with that financial institution that the designated account has authorization to accept ACH transactions.
8. Requests for full payment of the forfeiture proposed in this Order under an installment plan should be sent to:  Associate Managing Director-Financial Operations, 45 L Street, NE, Washington, DC 20554. See 47 CFR § 1.1914.
  Questions regarding payment procedures should be directed to the Financial Operations Group Help Desk by phone, 1-877-480-3201 (option #6), or by e-mail at ARINQUIRIES@fcc.gov.
9. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by First Class and Certified Mail, Return Receipt Requested, to Hobbs Seventh-Day Adventist Church of the Texico Conf Assn, c/o P.O. Box 1469, Hobbs, NM 88241 and by electronic mail to lennywagner@aol.com.  A copy shall also be sent to its counsel, Don Martin, Esq. by electronic mail to DEMPC@PRODIGY.NET. 
FEDERAL COMMUNICATIONS COMMISSION


						Barbara A. Kreisman 
						Chief, Video Division
						Media Bureau


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