Federal Communications Commission DA 07-686
Before the
Federal Communications Commission
Washington, D.C. 20554
In re Application of  
CHRISTIAN RADIO TRANSLATOR 
ASSOCIATION/SALMON, INC.
For Renewal of License for
FM Translator Station K257DJ
Salmon, Idaho
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Facility I.D. No. 10893
NAL/Acct. No. MB-200741410168
FRN:  0010354926
File No. BRFT-20051018ACW
MEMORANDUM OPINION AND ORDER 
AND
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted:  January 31, 2007 Released:  February 15, 2007
By the Chief, Media Bureau:
I.      INTRODUCTION
1.      The Commission has before it the captioned application of Christian Radio Translator 
Association/Salmon, Inc. (the Licensee), for renewal of its license for FM Translator Station K257DJ, 
Salmon, Idaho (the Station).  In this Memorandum Opinion and Order and Notice of Apparent Liability 
for Forfeiture (NAL) issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 
1934, as amended (the Act), and Section 1.80 of the Commissions Rules (the Rules),1 by the Chief, 
Media Bureau by authority delegated under Section 0.283 of the Rules,2 we find that the Licensee 
apparently willfully violated Section 73.3539 of the Rules by failing to timely file a license renewal 
application for the Station,3 and willfully and repeatedly violated Section 301 of the Act,4 by engaging in 
unauthorized operation of the Station after its authorization had expired.  Based upon our review of the 
facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary 
forfeiture in the amount of seven thousand dollars ($7,000), and we grant the captioned K257DJ license 
renewal application.
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.5 An application for renewal of the Stations license 
should have been filed by June 1, 2005, four months prior to the Stations October 1, 2005, license 
  
1 47 U.S.C.  309(k), 503(b); 47 C.F.R.  1.80.
2 See 47 C.F.R.  0.283.
3 See 47 C.F.R.  73.3539.
4 See 47 U.S.C.  301.
5 47 C.F.R.  73.3539(a).
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expiration date,6 but was not.  The Licensee did not file the application until October 18, 2005, over two 
weeks after the Stations license had expired.  It failed to seek special temporary authorization (STA) to 
operate after the license had expired.  The Licensee provided no explanation for its untimely filing of the 
renewal application.  
III.      DISCUSSION
3. Proposed Forfeiture.  In this case, the Licensee has failed to timely file a license renewal 
application for the Station, as required by Section 73.3539 of the Rules.  It appears to have continued 
operating the Station for over two weeks after the license had expired on October 1, 2005, before filing 
the appropriate renewal application, in violation of Section 301 of the Act, and never sought STA to so 
operate. 7
4. This NAL is issued pursuant to Section 503(b)(1)(B) of the Act.  Under that provision, 
any person who is determined by the Commission to have willfully or repeatedly failed to comply with 
any provision of the Act or any rule, regulation, or order issued by the Commission shall be liable to the 
United States for a forfeiture penalty.8  Section 312(f)(1) of the Act defines willful as the conscious and 
deliberate commission or omission of [any] act, irrespective of any intent to violate the law.9 The 
legislative history to Section 312(f)(1) of the Act clarifies that this definition of willful applies to both 
Sections 312 and 503(b) of the Act,10 and the Commission has so interpreted the term in the Section 
503(b) context.11 Section 312(f)(2) 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.12  
5.  The Commissions Forfeiture Policy Statement and Section 1.80(b)(4) of the Rules 
establish a base forfeiture amount of $3,000 for the failure to file a required form.13  The guidelines also 
specify a base forfeiture amount of $10,000 for station construction and/or operation without an 
instrument of authorization for the service.14 In determining the appropriate forfeiture amount, we may 
adjust the base amount upward or downward by considering the factors enumerated in Section 
503(b)(2)(D) of the Act, including the nature, circumstances, extent and gravity of the violation, and, 
  
6 See 47 C.F.R.  73.1020, 73.3539(a).
7 See, e.g, Hemmingford Media, Inc., Forfeiture Order, 14 FCC Rcd 2940, 2941-2 (CIB 1999) (responsibility for 
complying with terms of station license rests solely and exclusively with the licensee)(citing Empire Broadcasting 
Corp., Memorandum Opinion and Order, 25 FCC 2d 68 (1970)).
8 47 U.S.C.  503(b)(1)(B).  See also 47 C.F.R.  1.80(a)(1).
9 47 U.S.C.  312(f)(1).
10 See H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982).
11 See Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991).
12 47 U.S.C.  312(f)(2).
13 See Forfeiture Policy Statement and Amendment of Section 1.80(b) of the Rules to Incorporate the Forfeiture 
Guidelines, Report and Order, 12 FCC Rcd 17087, 17113-15 (1997) (Forfeiture Policy Statement), recon. denied, 
15 FCC Rcd 303 (1999); 47 C.F.R.  1.80(b)(4), note to paragraph (b)(4), Section I.
14 A broadcast station requires an authorization from the Commission to operate.  See 47 U.S.C.  301.
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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.15
6.  In this case, the Licensee failed to timely file the K257DJ renewal application and 
continued operating the Station for over two weeks after its license expired before filing the appropriate 
application, never seeking STA to so operate.  Nevertheless, because it had previously been licensed to 
operate the Station, the latter transgressions are not comparable to "pirate" wireless operations, which 
typically have been subject to forfeitures of approximately $10,000.  Taking into consideration these facts 
and all of the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we
propose a forfeiture for the full $3,000 amount for the failure to timely file the renewal application for the 
Station, but reduce the proposed forfeiture for the unauthorized operation from the base amount to 
$4,000.16 Thus, we propose a forfeiture in the total amount of $7,000.
7. License Renewal Application.  In evaluating an application for license renewal, the 
Commissions decision is governed by Section 309(k) of the Act.17 That Section provides that if, upon 
consideration of the application and pleadings, we find that: (1) the station has served the public interest, 
convenience, and necessity; (2) there have been no serious violations of the Act or the Rules; and (3) 
there have been no other violations which, taken together, constitute a pattern of abuse, we are to grant 
the renewal application.18 If, however, the licensee fails to meet that standard, the Commission may deny 
the application  after notice and opportunity for a hearing under Section 309(e) of the Act  or grant the 
application on terms and conditions that are appropriate, including a renewal for a term less than the 
maximum otherwise permitted.19
8. We find that the Licensees apparent violations of Section 73.3539 of the Rules and 
Section 301 of the Act do not constitute serious violations warranting designation for evidentiary 
hearing.  Moreover, we find no evidence of violations that, when considered together, evidence a pattern 
of abuse.20  Further, we find that Station K257DJ served the public interest, convenience, and necessity 
during its subject license term.  We will therefore grant the license renewal application below.  
  
15 47 U.S.C.  503(b)(2)(D); see also Forfeiture Policy Statement, 12 FCC Rcd at 17100; 47 C.F.R.  1.80(b)(4).
16 See, e.g., Discussion Radio Incorporated, Memorandum Opinion and Order, 19 FCC Rcd 7433, 7438 (2004); 
Gospel Media, Inc., Letter 19 FCC Rcd 15600 (MB 2004).  Although in Gospel Media, the Bureau imposed a 
proposed forfeiture of $3,000 for unauthorized operation, the unauthorized operation lasted only two weeks and the 
applicant did not allow its STA for continued operations to expire.  The $4,000 forfeiture proposed here for 
unauthorized operation is analogous to use of an unauthorized frequency by a land mobile station holding a license 
for a different frequency.  See, e.g., In the Matter of Dave Mitchell, Forfeiture Order, 20 FCC Rcd 1366 (EB 2005); 
In the Matter of Joselyn Gordon, Forfeiture Order, 19 FCC Rcd 23557 (EB 2004).
17 47 U.S.C.  309(k).
18 47 U.S.C.  309(k)(1).  The renewal standard was amended to read as described by Section 204(a) of the 
Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996).   See Implementation of Sections 
204(a) and 204(c) of the Telecommunications Act of 1996 (Broadcast License Renewal Procedures), Order, 11 FCC 
Rcd 6363 (1996).
19 47 U.S.C.  309(k)(2), 309(k)(3).
20 For example, we do not find here that the Licensee's operation of the Station "was conducted in an exceedingly 
careless, inept and negligent manner and that the licensee is either incapable of correcting or unwilling to correct the 
operating deficiencies." See Heart of the Black Hills Stations, Decision, 32 FCC 2d 196, 198 (1971).   Nor do we 
find on the record here that "the number, nature and extent" of the violations indicate that "the licensee cannot be 
relied upon to operate [the station] in the future in accordance with the requirements of its licenses and the 
Commission's Rules." Heart of the Black Hills Stations, 32 FCC 2d at 200.  See also Center for Study and 
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IV. ORDERING CLAUSES
9. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act 
of 1934, as amended, and Section 1.80 of the Commissions Rules, that Christian Radio Translator 
Association/Salmon, Inc., is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in 
the amount of seven thousand dollars ($7,000) for the apparent willful violation of Section 73.3539 of the 
Commissions Rules and willful and repeated violation of Section 301 of the Communications Act of 
1934, as amended. 
10.  IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commissions Rules, that, 
within thirty (30) days of the release date of this NAL, Christian Radio Translator Association/Salmon, 
Inc., SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking 
reduction or cancellation of the proposed forfeiture.  
11.  Payment of the proposed forfeiture must be made by check or similar instrument, payable 
to the order of the Federal Communications Commission.  The payment must include the NAL/Acct. No.
and FRN No. referenced above. Payment by check or money order may be mailed to Federal 
Communications Commission, at P.O. Box 358340, Pittsburgh, Pennsylvania 15251-8340.  Payment by 
overnight mail may be sent to Mellon Bank/LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, 
Pennsylvania 15251.  Payment by wire transfer may be made to ABA Number 043000261, receiving bank 
Mellon Bank, and account number 911-6106.  
12.  The response, if any, must be mailed to Office of the Secretary, Federal Communications 
Commission, 445 12th Street, S.W., Washington D.C. 20554, ATTN: Peter H. Doyle, Chief, Audio 
Division, Media Bureau, and MUST INCLUDE the NAL/Acct. No. referenced above.
13. The Commission will not consider reducing or canceling a forfeiture in response to a 
claim of inability to pay unless the respondent 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 
respondents current financial status.  Any claim of inability to pay must specifically identify the basis for 
the claim by reference to the financial documentation submitted. 
14. Requests for full payment of the forfeiture proposed in this NAL under the installment 
plan should be sent to: Associate Managing Director- Financial Operations, 445 12th Street, S.W., Room 
1-A625, Washington, D.C. 20554.21
15.      IT IS FURTHER ORDERED that, pursuant to Section 309(k) of the Communications 
Act of 1934, as amended, the license renewal application for FM Translator Station K257DJ, Salmon, 
Idaho (File No. BRFT-20051018ACW) IS GRANTED.
      
Application of Black Economic Development, Hearing Designation Order, 6 FCC Rcd 4622 (1991), Calvary 
Educational Broadcasting Network, Inc., Hearing Designation Order, 7 FCC Rcd 4037 (1992).
21 See 47 C.F.R.  1.1914.
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16.  IT IS FURTHER ORDERED, that copies of this NAL shall be sent, by First Class and 
Certified Mail, Return Receipt Requested, to Christian Radio Translator Association/Salmon, Inc., 5 
Sleepy Glen, Carmen, Idaho 83462, and to its contact representative, Timothy Hunt, Faith 
Communications Corp., 2201 S. 6th Street, Las Vegas, Nevada  89104.
FEDERAL COMMUNICATIONS COMMISSION
 Monica Shah Desai
Chief, Media Bureau