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 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 New  Life  Evangelistic  Center,  Inc. 
 Licensee  of  FM  Broadcast  Station  KBIY  in  Van  Buren,  Missouri 


 St.  Louis,  Missouri 


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 )  ) 
 )  ) 
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 File  Number  EB-  02-  KC-  400 
 NAL/  Acct.  No.  200232560014 
 FRN  0003-  2285-  90 


 NOTICE  OF  APPARENT  LIABILITY  FOR  FORFEITURE 
 Released:  July  11,  2002 
 By  the  Enforcement  Bureau,  Kansas  City  Office: 
 I.  INTRODUCTION 
 1.  In  this  Notice  of  Apparent  Liability  for  Forfeiture,  we  find  that  New  Life  Evangelistic  Center,  Inc.,  licensee  of  FM  broadcast  station  KBIY  in  Van  Buren,  Missouri, 
 willfully  and  repeatedly  violated  Sections  73.1125  and  73.3527  of  the  Commissions  Rules  (  Rules)  1  by  operating  KBIY  without  a  main  studio,  by  failing  to  make  the  public  file  available 
 to  the  public  during  regular  business  hours  and  failing  to  retain  all  required  materials  in  the  public  file.  We  conclude  that  New  Life  Evangelistic  Center,  Inc.  is  apparently  liable  for  a  forfeiture  in 
 the  amount  of  ten  thousand  dollars  ($  10,000). 
 II  BACKGROUND 
 2.  On  May  30,  2002,  an  agent  of  the  FCC  Enforcement  Bureaus  Kansas  City  Field  Office  (  Kansas  City  Office)  inspected  FM  radio  station  KBIY  licensed  to  Van  Buren,  Missouri. 
 The  agent  found  no  listing  for  the  station  in  the  local  telephone  directory.  The  agent  went  to  the  KBIY  transmitter  site  and  found  a  sign  with  a  phone  number  provided  in  case  of  emergency. 
 The  agent  called  this  number  and  spoke  with  Mr.  Ralph  Case,  manager  of  the  station.  Mr.  Case  stated  the  main  studio  for  KBIY  was  in  the  process  of  being  constructed  at  128  Skyline  Drive  in 
 Van  Buren.  The  agent  met  Mr.  Case  at  the  studio  under  construction  on  Skyline  Drive  and  saw  that  no  studio  was  in  operation  and  there  was  no  capability  to  originate  programming.  Mr.  Case 
 stated  that  the  station  had  been  on  the  air  since  June  26,  2001,  and  had  no  main  studio  during  that  time.  Mr.  Case  accompanied  the  agent  back  to  the  transmitter  site  to  locate  the  public  file.  At  the 
 transmitter  site,  there  was  no  public  file  available,  nor  was  any  staff  present.  Mr.  Case  then 


 1  47  C.  F.  R.    73.  1125  and  73.  3527. 
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 accompanied  the  agent  to  the  Free  Store  in  Van  Buren,  Missouri,  a  facility  operated  by  New  Life  Evangelistic  Center.  The  agent  and  Mr.  Case  arrived  at  the  Free  Store  during  the  early 
 afternoon  and  found  the  facility  closed.  The  store  had  no  studio  or  any  capability  to  originate  programming  for  station  KBIY.  Mr.  Case  did  locate  the  public  file  at  the  facility.  The  public  file 
 was  missing  two  required  documents:  the  quarterly  issues-  programs  list,  and  a  copy  of  The  Public  and  Broadcasting. 


 III  DISCUSSION 
 3.  Section  73.1125  of  the  Rules  states  that  each  broadcast  station  shall  maintain  a  main  studio  at  one  of  the  following  locations:  (1)  Within  the  stations  community  of  license;  (2)  At 
 any  location  within  the  principal  community  contour  of  any  AM,  FM,  or  TV  broadcast  station  licensed  to  the  stations  community  of  license;  or  (3)  Within  twenty-  five  miles  from  the  reference 
 coordinates  of  the  center  of  its  community  of  license.  As  of  May  31,  2002,  New  Life  Evangelistic  Center,  Inc.  failed  to  establish  a  main  studio  for  station  KBIY  which  had  been  on  the 
 air  since  June  26,  2001. 
 4.  Section  73.3527(  c)  of  the  Rules  requires  the  public  file  to  be  available  for  public  inspection  at  any  time  during  regular  business  hours.  Inspection  of  the  public  file  was  made  at 
 the  Free  Store,  operated  by  New  Life  Evangelistic  Center,  Inc.  The  Free  Store  was  closed  when  the  agent  arrived  in  the  early  afternoon  on  May  31,  2002.  Section  73.3527(  e)(  7)  of  the 
 Rules  requires  at  all  times  a  current  version  of  the  manual  entitled  The  Public  and  Broadcasting  be  located  in  the  public  file.  Section  73.3527(  e)(  8)  of  the  Rules  requires  a  list  of  programs  that 
 have  provided  the  stations  most  significant  treatment  of  community  issues  during  the  preceding  three  month  period.  The  list  shall  include  a  brief  narrative  describing  what  issues  were  giving 
 significant  treatment  and  the  programming  that  provided  this  treatment.  The  description  of  the  programs  shall  include,  but  shall  not  be  limited  to,  the  time,  date,  duration  and  title  of  each 
 program  in  which  the  issue  was  treated.  The  lists  shall  be  retained  in  the  public  inspection  file  until  final  action  has  been  taken  on  the  stations  next  renewal  application.  At  the  time  of 
 inspection  on  May  31,  2002,  there  were  no  issues-  programs  lists  or  a  copy  of  The  Public  and  Broadcasting  in  the  public  file. 


 5.  Based  on  the  evidence  before  us,  we  find  that  New  Life  Evangelistic  Center,  Inc.  willfully  2  and  repeatedly  3  violated  Section  73.1125  of  the  Rules  by  failing  to  maintain  a  main 
 studio  for  KBIY  and  Section  73.3527  of  the  Rules  by  failing  to  make  available  the  public  file  during  regular  business  hours  and  failing  to  retain  required  materials  in  the  public  file.  Pursuant 
 to  Section  1.80(  b)(  4)  of  the  Rules,  the  base  forfeiture  amount  for  violation  of  the  main  studio  rule  is  $7,000  and  violations  of  the  public  file  rules  is  $10,000.  4  Section  503(  b)(  2)(  D)  of  the 
 Communications  Act  of  1934,  as  amended  (  Act),  requires  us  to  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  other  such  matters  as  justice  may  require.  5  The  fact  that  New  Life  Evangelistic  Center,  Inc.  maintained  a  partial 


 2  Section  312(  f)(  1)  of  the  Act,  47  U.  S.  C.    312(  f)(  1),  which  applies  equally  to  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  .  See  Southern  California  Broadcasting  Co.,  6  FCC  Rcd  4387  (1991).  3  The  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.  47  U.  S.  C.    312(  f)(  2). 
 4  47  C.  F.  R.    1.80(  b)(  4). 
 5  47  U.  S.  C.    503(  b)(  2)(  D). 
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 public  file,  albeit  missing  two  required  items  and  not  accessible  on  the  day  of  inspection,  warrants  a  downward  adjustment  of  the  $10,000  base  forfeiture  amount  for  that  violation  to  $3,000. 
 Considering  the  entire  record  and  applying  the  statutory  factors  listed  above,  this  case  warrants  a  $10,000  forfeiture. 


 IV  ORDERING  CLAUSES 
 6.  Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to  Section  503(  b)  of  the  Act,  6  and  Sections  0.111,  0.311  and  1.80  of  the  Commissions  Rules,  7  New  Life  Evangelistic  Center,  Inc.  is 
 hereby  NOTIFIED  of  its  APPARENT  LIABILITY  FOR  A  FORFEITURE  in  the  amount  of  ten  thousand  dollars  ($  10,000)  for  willfully  and  repeatedly  violating  Sections  73.1125  and 
 73.3527  of  the  Rules. 
 7.  IT  IS  FURTHER  ORDERED  THAT,  pursuant  to  Section  1.80  of  the  Commissions  Rules,  within  thirty  days  of  the  release  date  of  this  Notice  of  Apparent  Liability, 
 New  Life  Evangelistic  Center,  Inc.  SHALL  PAY  the  full  amount  of  the  proposed  forfeiture  or  SHALL  FILE  a  written  statement  seeking  reduction  or  cancellation  of  the  proposed  forfeiture. 


 8.  Payment  of  the  forfeiture  may  be  made  by  mailing  a  check  or  similar  instrument,  payable  to  the  order  of  the  Federal  Communications  Commission,  to  the  Forfeiture  Collection 
 Section,  Finance  Branch,  Federal  Communications  Commission,  P.  O.  Box  73482,  Chicago,  Illinois  60673-  7482.  The  payment  MUST  INCLUDE  the  FCC  Registration  Number  (FRN)  and 
 the  NAL/  Acct.  No.  referenced  in  the  letterhead  above. 
 9.  The  response,  if  any,  must  be  mailed  to  Federal  Communications  Commission,  Office  of  the  Secretary,  445  12  th  Street,  S.  W.  Washington,  D.  C.  20554,  ATTN:  Enforcement 
 Bureau    Technical  &  Public  Safety  Division,  and  MUST  INCLUDE  the  FRN  and  the  NAL/  Acct.  No.  referenced  in  the  letterhead  above. 


 10.  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  petitioners  current  financial  status.  Any  claim  of  inability  to  pay  must  specifically  identify  the  basis  for  the  claim  by  reference  to  the  financial  documentation  submitted. 


 11.  Requests  for  payment  of  the  full  amount  of  this  Notice  of  Apparent  Liability  under  an  installment  plan  should  be  sent  to:  Federal  Communications  Commission,  Chief,  Revenue  and 
 Receivables  Operation  Group,  445  12  th  Street,  S.  W.,  Washington,  D.  C.  20554.  8 
 12.  IT  IS  FURTHER  ORDERED  THAT  a  copy  of  this  Notice  of  Apparent  Liability  shall  be  sent  by  regular  mail  and  Certified  Mail  Return  Receipt  Requested  to  New  Life 
 Evangelistic  Center,  Inc.  at  1411  Locust  Street,  St.  Louis,  Missouri  63103. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 6  47  U.  S.  C.    503(  b). 
 7  47  C.  F.  R.    0.111,  0.  311,  1.80. 
 8  See  47  C.  F.  R.    1.1914. 
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 Robert  C.  McKinney  District  Director 
 Kansas  City  Office 
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