Federal Communications Commission
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
The King’s Musician Educational Foundation, Inc.
Owner of Antenna Structure
ASR # 1249922
Fannett, Texas
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File Number  EB-09-HU-0046
NAL/Acct. No. 200932540004
FRN 0013945555
Corrected Copy
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: September 3, 2009
By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture (“NAL”), we find that The King’s 
Musician Educational Foundation, Inc. (“Foundation, Inc.”), owner of antenna structure number 1249922, in 
Fannett, Texas, apparently willfully and repeatedly violated Sections 17.4(g) and 17.51(b) of the 
Commission's Rules (“Rules”)1 by failing to display the Antenna Structure Registration (“ASR”) number in 
a conspicuous place so that it is readily visible near the base of the antenna structure and failing to exhibit all 
medium intensity obstruction lighting as specified.  We conclude, pursuant to Section 503(b) of the 
Communications Act of 1934, as amended (“Act”),2 that Foundation, Inc. is apparently liable for a forfeiture 
in the amount of twelve thousand dollars ($12,000).
II. BACKGROUND
2. On May 13, 2009, an agent from the Commission’s Houston Office of the Enforcement 
Bureau (“Houston Office”) inspected antenna structure number 1249922.   The top daytime medium 
intensity obstruction lighting was not working at the time of the inspection.  Additionally, the ASR number 
was not displayed anywhere near the antenna structure base.  The agent confirmed on May 16, 2009 that the 
Federal Aviation Administration (“FAA”) had not been informed of the outage.
3. On May 18, 2009, an agent with the Houston Office contacted the President of Foundation, 
Inc., who stated that the top daytime medium intensity obstruction light had been out for two months, that 
they had not notified the FAA of the outage, and that the FAA had not issued a Notice to Airmen 
(“NOTAM”) regarding the antenna structure.  He also confirmed that the ASR number was not posted for 
the antenna structure.  The FAA issued a NOTAM regarding the antenna structure on May 18, 2009.
  
1 47 C.F.R. § 17.4(g) and 17.51(b).
2 47 U.S.C. § 503(b).  
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III. DISCUSSION
4. Section 503(b) of the 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.  The term “willful” as used in Section 503(b) of the Act has been 
interpreted to mean simply that the acts or omissions are committed knowingly.3 The term “repeated” means 
the commission or omission of such act more than once or for more than one day.4
5. Section 17.4(g) of the Rules requires that the ASR number be displayed in a conspicuous 
place so that it is readily visible near the base of the antenna structure.   On May 10, 2009, an agent from 
the Houston Office observed that the ASR number for antenna structure number 1249922 was not posted 
anywhere near the base of the structure.  On May 18, 2009, the President of Foundation, Inc. admitted 
that the ASR number was not posted for antenna structure number 1249922.  Based on the evidence
before us, we find that Foundation, Inc. apparently willfully and repeatedly violated Section 17.4(g) of the 
Rules by failing to post the ASR number near the base of antenna structure number 1249922 on May 10 
and 18, 2009.
6. Section 17.51(b) of the Rules requires that all medium intensity obstruction lighting be 
exhibited as specified.  Antenna structure number 1249922 is required to have a dual lighting system 
exhibiting red obstruction lights at nighttime and medium intensity obstruction lighting during the 
daytime.  On May 10, 2009, an agent from the Houston Office observed the top medium intensity 
obstruction light on antenna structure number 1249922 was not functioning during the day.  On May 16, 
2008, the agent confirmed that the FAA had not issued a NOTAM regarding the antenna structure.  On 
May 18, 2009, the President of Foundation, Inc. stated the daytime top medium intensity obstruction light 
on antenna structure number 1249922 had been out for two months and that they had not notified the 
FAA regarding the outage.  Based on the evidence before us, we find that Foundation, Inc. apparently 
willfully and repeatedly violated Section 17.51(b) of the Rules by failing to exhibit all medium intensity 
obstruction lighting as specified, between May 10 and 18, 2009. 
7. Pursuant to The Commission’s Forfeiture Policy Statement and Amendment of Section 1.80 
of the Rules to Incorporate the Forfeiture Guidelines, (“Forfeiture Policy Statement”), and Section 1.80 of 
the Rules, the base forfeiture amount for failure to comply with prescribed lighting and/or marking is 
$10,000.  Section 1.80 of the Rules does not establish a base forfeiture amount for failure to post the ASR 
number.  The commission has determined, however, that an appropriate base forfeiture amount for failure to 
post the ASR number is $2,000 per violation.5 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, and history of prior offenses, ability to pay, and other such matters as justice may require.6  
Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant 
case, we conclude that Foundation, Inc. is apparently liable for a $12,000 forfeiture.
  
3 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed 
under Section 503(b) of the Act, provides that “[t]he term 'willful', when used with reference to the commission or 
omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any 
intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act….”  
See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).
4 Section 312(f)(2) of the Act, 47 U.S.C. § 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.” 
5 American Towers Corporation, Notice of Apparent Liability, 16 FCC Rcd 1282 (2001). 
6 47 U.S.C. § 503(b)(2)(E).
Federal Communications Commission
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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, 0.311, 0.314 and 1.80 of the Commission's Rules, The King’s 
Musician Educational Foundation, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A 
FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Sections 17.4(g) 
17.51(b) of the Rules.7
9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules 
within thirty days of the release date of this Notice of Apparent Liability for Forfeiture, The King’s 
Musician Educational Foundation, 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. Payment of the forfeiture must be made by credit card, check or similar instrument, 
payable to the order of the Federal Communications Commission.  The payment must include the 
Account Number and FRN Number referenced above.  Payment by check or money order may be mailed 
to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.  Payment by 
overnight mail may be sent to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005 
Convention Plaza, St. Louis, MO 63101.  Payment by wire transfer may be made to ABA Number 
021030004, receiving bank TREAS/NYC, and account number 27000001.  For payment by credit card, 
an FCC Form 159 (Remittance Advice) must be submitted. When completing the FCC Form 159, enter 
the NAL/Account number in block number 23A (call sign/other ID), and enter the letters “FORF” in 
block number 24A (payment type code).  Requests for full payment under an installment plan should be 
sent to: Chief Financial Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625, 
Washington, D.C. 20554.8  If you have questions, please contact the Financial Operations Group Help 
Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov.  If payment is made, Foundation, Inc. will
send electronic notification on the date said payment is made to SCR-Response@fcc.gov.
11. The response, if any, must be mailed to Federal Communications Commission, 
Enforcement Bureau, South Central Region, Houston Office, 9597 Jones Road #362, Houston, Texas, 
77065 and must include the NAL/Acct. No. referenced in the caption.  
12. 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.  
  
7 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80, 17.4(g) and 17.51(b).
8 See 47 C.F.R. § 1.1914.
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13. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for 
Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to The King’s 
Musician Educational Foundation, Inc. at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Lee R. Browning
Resident Agent 
Houston Office
South Central Region
Enforcement Bureau