Federal Communications Commission DA 08-2815 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Christian Family Network, Inc.
Former Licensee of AM Station WOLY
Battle Creek, Michigan
Facility ID #11032
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File Number EB-06-DT-277
NAL/Acct. No. 200732360001 
FRN: 0010140358 
MEMORANDUM OPINION AND ORDER
Adopted:  December 29, 2008 Released:  December 31, 2008
By the Deputy Chief, Enforcement Bureau:
I. INTRODUCTION
1. In this Memorandum Opinion and Order, issued pursuant to Section 405 of the 
Communications Act of 1934, as amended (Act),1 and Section 1.106 of the Commissions rules,2 we 
grant in part and deny in part a Petition for Reconsideration (Petition) filed on July 22, 2008, by 
Christian Family Network, Inc. (Christian Family Network), former licensee of AM station WOLY, in 
Battle Creek, Michigan.3 Christian Family Network seeks reconsideration of a Forfeiture Order4 issued by 
the Northeast Region (Region) of the Enforcement Bureau, imposing a ten thousand dollar ($10,000) 
monetary forfeiture for willful and repeated violation of Section 301 of the Communications Act of 1934, 
as amended (Act).5 The noted violation concerned Christian Family Networks continued operation of 
its station after expiration of its license.  For the reasons discussed below, we deny the Petition with regard 
to the Regions finding that Christian Family Network willfully and repeatedly violated Section 301 of 
the Act and we grant the Petition with regard to Christian Family Networks inability to pay and reduce 
the forfeiture to five thousand dollars ($5,000).
II. BACKGROUND
2. Christian Family Networks license authorizing it to operate station WOLY on frequency 
1500 kHz expired on October 1, 2004.  Christian Family Network never filed a license renewal 
application, which was due June 1, 2004, nor did it file a request for Special Temporary Authority 
(STA) either to operate its station after October 1, 2004, or to remain silent.  As a result, in a letter 
dated June 13, 2006, the Media Bureau notified Christian Family Network that all authority to operate 
station WOLY(AM), Battle Creek, MI IS TERMINATED and the call letters are deleted.  Any operation 
  
1 47 U.S.C.  405.
2 47 C.F.R.  1.106.  
3 Although Christian Family Network captioned its pleading as a Response to Forfeiture Order, we treat it as a 
petition for reconsideration (Petition) pursuant to Section 1.106 of the Commissions Rules, 47.C.F.R.  1.106.
4  Christian Family Network, Inc., Forfeiture Order, 23 FCC Rcd 10898 (EB 2008) (Forfeiture Order).
5 47 U.S.C.  301.
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of this facility is now unauthorized and must cease immediately.   
3. On July 14, 2006, based on information from an area resident that the station continued to 
operate, agents from the Commissions Detroit Office monitored transmissions on 1500 kHz in Battle 
Creek, MI.  Using direction finding techniques, the agents determined that the source of the transmissions 
on 1500 kHz was 15074 6  Mile Road, Battle Creek, MI 49014, which was the previously authorized 
location for station WOLYs transmitter. 
4. On August 17, 2006, an agent spoke to the owner and President of Christian Family 
Network, Inc., James Elsman.  The agent advised Elsman that the stations license was cancelled for failure 
to file a license renewal application and that the station therefore is no longer authorized to operate.  Elsman 
stated that he tried to file his license renewal application electronically, but was unable to do so.  
5. On March 2, 2007, and May 22, 2007, an agent from the Commissions Detroit Office 
monitored 1500 kHz in Battle Creek, MI and, using direction finding techniques, verified that the station 
continued to operate at 15074 6  Mile Road in Battle Creek.  
6. On August 16, 2007, the Detroit Field Office issued a Notice of Apparent Liability for 
Forfeiture (NAL) in the amount of $10,000 to Christian Family Network for apparently willfully and 
repeatedly violating Section 301 of the Act by engaging in unauthorized operations of its station after its 
license expired.6  In its response, Christian Family Network claimed that it did not willfully violate 
Section 301 of the Act and that it could not file its license renewal application because it did not have a 
computer.  It reported that it filed a request for a special temporary authorization (STA) on December 
10, 2006, and that, since that time, it had assumed that the request would be answered by the FCC.  
Christian Family Network also claimed that it did not have the ability to pay the proposed forfeiture.
7. In the Forfeiture Order, issued July 17, 2008, the Region considered Christian Family 
Networks response to the NAL and determined that cancellation or reduction of the forfeiture was not 
warranted.  Specifically, the Region addressed Christian Family Networks claims that its violation was 
not willful, that it could not file its license renewal application because it did not have a computer, that it 
filed a request for Special Temporary Authorization (STA) on which the FCC never acted, and that it 
cannot afford to pay the forfeiture.  The Region found that Christian Family Networks violation was 
willful because Christian Family Network continued to operate its station after the Media Bureau 
cancelled its license and after FCC agents warned that continued operation of the station was 
unauthorized.  The Region also rejected Christian Family Networks claim that it could not comply with 
the mandatory electronic filing requirement for its license renewal application because it did not have a 
computer.  The Region explained that Christian Family Network could have used a computer at a public 
institution or it could have requested a waiver of the electronic filing requirement.  With regard to the 
alleged request for an STA, the Region found that there was no record of Christian Family Network 
having filed such a request, but the Region concluded that, even if Christian Family Network had filed the 
request, an STA is available only to permittees and licensees and Christian Family Networks alleged 
STA request was filed on December 10, 2006, more than two years after its license had expired.   The 
Region also denied Christian Family Networks request for reduction or cancellation of the forfeiture 
based on its inability to pay because Christian Family Network did not submit any supporting 
documentation.
  
6 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732360001 (Enf. Bur., Detroit Office, released  
August 16, 2007).
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III. DISCUSSION
8. Reconsideration is appropriate only where the petitioner either demonstrates a material 
error or omission in the underlying order or raises additional facts not known or not existing until after the 
petitioners last opportunity to present such matters.7 A petition for reconsideration that reiterates arguments 
that were previously considered and rejected will be denied.8 Christian Family Network has raised no new 
facts or arguments regarding the Regions finding in the Forfeiture Order that Christian Family Network 
willfully and repeatedly violated Section 301 of the Act and therefore we deny the Petition with regard to 
the violation of Section 301 of the Act. We take the opportunity below, however, to reiterate certain findings 
in the Forfeiture Order regarding the Section 301 violation.  We also address below Christian Family 
Networks claim that it cannot pay the forfeiture amount.
9. At issue in this proceeding is the Regions finding that Christian Family Network willfully 
and repeatedly violated Section 301 of the Act by operating a broadcast station long after the Media Bureau 
had canceled the license and deleted the call sign for station WOLY.  Contrary to Christian Family 
Networks claims, this proceeding is not about the alleged unconstitutionality of the Commissions 
mandatory electronic filing requirements established for license renewal applications, requirements with 
which Christian Family Network claims it was not able to comply and which resulted in the cancellation of 
its license.  As the Region explained in the Forfeiture Order, to the extent Christian Family Network 
believed that cancellation of its license for failure to file a license renewal application was in error, 
Christian Family Networks legal recourse was to file a petition for reconsideration under Section 405(a) 
of the Act,9 which the Region noted does not need to be filed electronically.10 Christian Family Network 
has never addressed why it did not file such a petition.11 Christian Family Network continued to operate 
its station after receiving warnings from FCC agents that such operation was illegal and could subject it to 
further enforcement action. The cancellation of Christian Family Networks authorization to operate 
station WOLY and the cancellation of its call sign has become a final Commission order that is no longer 
subject to review.  Christian Family Networks continued operation of station WOLY therefore violated 
Section 301 of the Act.
10. Christian Family Network claims that it cannot afford to pay the $10,000 forfeiture.  With 
regard to an individuals or entitys inability to pay, the Commission has determined that, in general, 
gross revenues are the best indicator of an ability to pay a forfeiture.12 After examining the financial 
  
7 See 47 C.F.R.  1.106(c); EZ Sacramento, Inc., 15 FCC Rcd 18257 (EB 2000), citing WWIZ, Inc., 37 FCC 685, 
686 (1964), affd sub. nom. Lorain Journal Co. v. FCC, 351 F.2d 824 (D.C. Cir. 1965), cert. denied, 383 U.S. 967 
(1966).   
8 EZ Sacramento, Inc., 15 FCC Rcd at 18257. 
9 47 U.S.C.  405(a).  
10 See Forfeiture Order at n.16.
11 For the first time in this proceeding, Christian Family Network submits a letter, dated September 27, 2004, which 
it allegedly sent to the Commission and which Christian Family Network now claims was a petition to waive the 
mandatory electronic filing requirements.   Even if Christian Family Network in fact filed the letter and even if it 
could be considered a waiver request, the proper forum for making such a claim would have been in a proceeding 
reconsidering the Media Bureaus cancellation of the license for station WOLY. 
12 See PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089 (1992) (forfeiture not deemed excessive where 
it represented approximately 2.02 percent of the violators gross revenues); Local Long Distance, Inc., 16 FCC Rcd 
24385 (2000) (forfeiture not deemed excessive where it represented approximately 7.9 percent of the violators 
gross revenues); Hoosier Broadcasting Corporation, 15 FCC Rcd 8640 (2002) (forfeiture not deemed excessive 
where it represented approximately 7.6 percent of the violators gross revenues).  We also note that, although we are 
not required under Section 1.106(c) to consider information not previously submitted to the Region, we find that it is 
in the public interest to consider the financial documentation submitted by Christian Family Network in support of 
its inability to pay claim.  See 47 C.F.R.  1.106(c)(2).
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documentation submitted by Christian Family Network, we find that a reduction in the forfeiture to 
$5,000 is warranted based on Christian Family Networks demonstrated inability to pay the full forfeiture 
amount assessed in the Forfeiture Order.  
IV. ORDERING CLAUSES
11. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications 
Act of 1934, as amended,13 and Section 1.106 of the Commissions Rules,14 Christian Family Networks 
Petition for Reconsideration IS DENIED IN PART and GRANTED IN PART and the forfeiture is 
reduced to five thousand dollars ($5,000). 
12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the 
Rules within 30 days of the release of this Order.  If the forfeiture is not paid within the period specified, 
the case may be referred to the Department of Justice for collection pursuant to Section 504(a) of the 
Act.15  Payment of the forfeiture must be made by check or similar instrument, payable to the order of the 
Federal Communications Commission.  The payment must include the NAL/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.  Please contact the Financial Operations Group Help Desk at 1-877-480-3201 or Email: 
ARINQUIRIES@fcc.gov with any questions regarding payment procedures.  Christian Family Network 
shall also send electronic notification on the date said payment is made to NER-Response@fcc.gov.
13. IT IS FURTHER ORDERED that this Order shall be sent by regular mail and by 
certified mail, return receipt requested, to Christian Family Network at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
George R. Dillon
Deputy Bureau Chief
Enforcement Bureau
  
13 47 U.S.C.  405.
14 47 C.F.R.  1.106.
15 47 U.S.C.  504(a).