**Before the**

**FEDERAL COMMUNICATIONS COMMISSION**

**Washington, D.C. 20554**

In the Matter of )

> ) **File No. EB-99-OR-231**

**Miracle Assembly of God** )

**P. O. Box 1307** )

**Buras, Louisiana 70041-1307** )

> ) **NAL Acct. No 915OR0005**

**Licensee of Station KAGY(AM**) )

######### CONSENT DECREE

1.  The Enforcement Bureau of the Federal Communications Commission and
    Miracle Assembly of God hereby enter into this Consent Decree for
    the purpose of terminating a forfeiture proceeding arising from an
    investigation related to Miracle Assembly of God's failure to
    enclose an antenna tower which has radio frequency potential at its
    base with an effective locked fence or enclosure.

# BACKGROUND

2.  Agents from the Commission's New Orleans Field Office conducted an
    inspection of Station KAGY(AM) on June 8, 1999. KAGY(AM) had a
    series fed, insulated antenna that had radio frequency potential at
    its base. The agents observed that the fence enclosing the antenna
    of KAGY(AM) had fallen down and was no longer effectively preventing
    access to the base of the antenna. Four other violations of
    Commission Rules were observed. During the inspection, the
    licensee's representative admitted that he was aware that the fence
    had fallen, but had failed to make repairs.

3.  In June 1999, the New Orleans Field Office issued a Notice of
    Violation to Miracle Assembly of God ("Miracle") detailing the
    violations. Miracle replied and satisfactorily resolved two of the
    violations.

4.  On September 30, 1999, the Commission's New Orleans Field Office
    issued a Notice of Apparent Liability for Forfeiture ("NAL") to
    Miracle finding it apparently liable for a forfeiture in the amount
    of \$7,000.[^1] The NAL stated that Miracle had failed to have
    KAGY(AM)'s antenna enclosed with an effective locked fence or other
    enclosure from at least May 20, 1999 through June 8, 1999, despite
    its representative's knowledge that the fence had fallen down. The
    NAL stated that Miracle had apparently violated Section 73.49 of the
    Commission's Rules, 47 C.F.R. Section 73.49.

5.  On October 25, 1999, Miracle submitted a response to the NAL and
    requested that the Commission forgive the forfeiture or greatly
    reduce it. Pastor Max Latham, on behalf of Miracle, stated that the
    whole fence had not fallen down but only a portion of it had rusted
    and fallen. He stated that he had put a new chain and lock on the
    gate, and had not been aware that the antenna presented a
    potentially lethal situation. He stated that the station is located
    in a very remote area and that he had no experience with antennas.
    Miracle further stated that KAGY(AM) had operated at a \$2,874 loss
    in 1999 and had been for sale for a lengthy period of time for
    \$12,500 and that it had just found a buyer. Miracle further stated
    that the station had generated no income other than small donations
    and that those had decreased as families moved out of the area.

    **DEFINITIONS**

6.  For the purposes of this Consent Decree, the following definitions
    shall apply:

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(a) The "Commission" means the Federal Communications Commission.

(b) The "Bureau" means the Enforcement Bureau of the Commission.

(c) The "Order" means the Bureau's order adopting this Consent Decree.

(d) "Enforcement Proceeding" means the investigation of alleged rule
    violations of Miracle culminating in the Notice of Apparent
    Liability.

(e) The "Act" means the Communications Act of 1934, as amended, 47
    U.S.C. §§ 151 *et* *seq*.

(f) "Miracle" means Miracle Assembly of God, licensee of radio station
    KAGY(AM), Buras, Louisiana.

(g) "Notice of Apparent Liability" means *[Miracle Assembly of
    God]{.underline},* NAL/Acct. No. 915OR0005 (released September 30,
    1999).

**AGREEMENT**

7.  Miracle acknowledges and agrees that the Commission has jurisdiction
    over the matters referenced in this Consent Decree and that the
    Bureau has the authority to enter into and adopt this Consent
    Decree.

8.  Miracle agrees not to contest the statements in the *Notice of
    Apparent Liability* that Miracle violated Section 73.49 of the
    Commission's Rules requiring that antennas having radio frequency
    potential at the base be enclosed with an effectively locked fence
    or other enclosure, provided that these findings shall not be used
    by the Bureau against Miracle in any other current or future
    proceedings before the Bureau, except as set forth in paragraph 14
    of this Consent Decree.

9.  Miracle and the Bureau agree that this Consent Decree does not
    constitute an adjudication of the merits, or any finding on the
    facts or law regarding any violations committed by Miracle arising
    out of the Enforcement Proceeding, and that it is not to be
    construed as an admission of the violation by Miracle.

10. Miracle shall make a voluntary contribution to the United States
    Treasury in the amount of \$500 within 30 calendar days after the
    Order adopting this Consent Decree is no longer subject to
    reconsideration, appeal or review in accordance with the Act and the
    Commission's Rules.

11. Miracle and the Bureau acknowledge and agree that this Consent
    Decree shall constitute a final settlement between them.

12. In express reliance upon the covenants and representations contained
    herein, the Bureau agrees to terminate the Enforcement Proceeding at
    such time as the Bureau adopts this Consent Decree.

13. Miracle waives any and all rights it may have to seek administrative
    or judicial reconsideration, review, appeal or stay, or to otherwise
    challenge or contest the validity of this Consent Decree and the
    Order adopting this Consent Decree, provided the Order adopts the
    Consent Decree without modification.

14. In the event that Miracle is found by the Commission or its
    delegated authority to have engaged in conduct the same or similar
    to that described in paragraph 2 of this Consent Decree, Miracle and
    the Bureau agree that the apparent misconduct described in paragraph
    2 may be used by the Bureau only to fashion an appropriate sanction,
    provided that Miracle shall not be precluded or estopped from
    litigating *de novo* any and all of the issues arising from the
    facts and allegations presented in the NAL as necessary to defend,
    in any forum, its interest from challenge by any person or entity
    not a party to this Consent Decree.

15. Miracle and the Bureau agree that the effectiveness of this Consent
    Decree is expressly contingent upon issuance of the Order, provided
    the Order adopts the Consent Decree without modification.

16. Miracle and the Bureau agree that, in the event any court of
    competent jurisdiction renders this Consent Decree invalid, the
    Consent Decree shall become null and void and may not be used in any
    manner in any legal proceeding.

17. Miracle and the Bureau agree that, if the Commission, or the United
    States on behalf of the Commission, brings a judicial action to
    enforce the terms of the Order adopting this Consent Decree, neither
    Miracle nor the Commission will contest the validity of the Consent
    Decree or Order, and Miracle will waive any statutory right to a
    trial *de novo* with respect to the matter upon which the Order is
    based, and shall consent to a judgment incorporating the terms of
    this Consent Decree.

18. Miracle agrees to waive any claims it may otherwise have under the
    Equal Access to Justice Act, 5 U.S.C. § 504 and 47 C.F.R. §§ 1.1501
    *et seq*.

19. Miracle agrees that any violation of the Consent Decree or the Order
    adopting this Consent Decree will constitute a separate violation of
    a Commission order, entitling the Commission to exercise any rights
    and remedies attendant to the enforcement of a Commission order.

20. Any provision of this Consent Decree affected by or inconsistent
    with any subsequent rule or order adopted by the Commission will be
    superseded by such Commission rule or order.

21. This Consent Decree may be signed in counterparts.

**FEDERAL COMMUNICATIONS COMMISSION MIRACLE ASSEMBLY OF GOD**

**ENFORCEMENT BUREAU**

By: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
By:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

David H. Solomon Max Latham, Pastor

Chief, Enforcement Bureau Miracle Assembly of God

Date: Date:

[^1]: *Notice of Apparent Liability for Forfeiture*, NAL Acct. No.
    915OR0005 (Compliance & Information Bureau, New Orleans Office,
    released September 30, 1999).