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Federal Communications Commission

DA 09-140

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
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Facility ID No. 82987

The Christian Center, Inc.

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NAL/Acct. No. MB20051810066
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FRN: 00058117051
Licensee of Station KJRF(FM)
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File No. BRED-20050201AMD
Lawton, Oklahoma
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FORFEITURE ORDER

Adopted: January 22, 2009

Released: January 23, 2009

By the Chief, Audio Division, Media Bureau:

I.

INTRODUCTION

1.
In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of seven
thousand two hundred dollars ($7,200), to The Christian Center, Inc. ("Licensee"), licensee of Station
KJRF(FM), Lawton, Oklahoma ("Station"), for its willful and repeated violation of Section 73.3527 of
the Commission's Rules ("Rules")1 by failing to properly maintain a public file for the Station.

II.

BACKGROUND

2.
On June 22, 2005, the Bureau issued a Notice of Apparent Liability for Forfeiture
("NAL") in the amount of nine thousand dollars ($9,000) to Licensee for this violation.2 Licensee filed a
Request for Reduction of Proposed Forfeiture ("Request") on July 21, 2005.
3.
On February 1, 2005, Licensee filed an application to renew the license of the Station.
Section III, Item 3 of the license renewal application form, FCC Form 303-S, requests that the licensee
certify that the documentation required by Section 73.3526 or 73.3527 of the Rules, as applicable, has
been placed in the station's public inspection file at the appropriate times. Licensee indicated "No" to
that certification, attaching an exhibit explaining that from the last quarter of 2001 through the third
quarter of 2004, no quarterly issues and programs lists were placed in the Station's public inspection file.
On June 22, 2005, the staff advised Licensee of its apparent liability for a forfeiture of $9,000 for
willfully and repeatedly violating Section 73.3527 of the Rules, based on the fact that, by its admission,
twelve issues/programs lists were missing from the Station's public inspection file.3 In response, Licensee
filed the subject Request, asserting that a forfeiture reduction is warranted because of its history of
compliance with the Commission's Rules.


1 47 C.F.R. 73.3539.
2 Letter to Elise M. Stubbe, Esq. from Peter Doyle, reference 1800B3-KV (MB Jun. 22, 2005).
3 The Commission granted the above-referenced license renewal application on June 22, 2005.

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Federal Communications Commission

DA 09-140

III.

DISCUSSION

4.
The forfeiture amount proposed in this case was assessed in accordance with Section
503(b) of the Act,4 Section 1.80 of the Rules,5 and the Commission's Forfeiture Policy Statement.6 In
assessing forfeitures, Section 503(b)(2)(E) of the Act requires that we 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 such other matters as justice may require.7
5.
Licensee argues that the Commission routinely reduces forfeiture amounts by at least 20
percent when a licensee has demonstrated a history of overall compliance with the Commission's Rules.8
Licensee claims the Commission has never issued any notice of violation, notice of apparent liability, or
forfeiture order related to Licensee's operation of the Station.9 As such, Licensee requests that we reduce
the forfeiture amount to $7,200.
6.
We have considered Licensee's response to the NAL in light of the above statutory
factors, our Rules, and the Forfeiture Policy Statement. We conclude that Licensee willfully10 and
repeatedly11 violated Section 73.3527 of the Rules. However, given Licensee's history of compliance
with the Rules, we reduce the forfeiture amount to $7,200.12

IV.

ORDERING CLAUSES

7.
Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act
of 1934, as amended, and Sections 0.283 and 1.80 of the Commission's Rules,13 that The Christian
Center, Inc., SHALL FORFEIT to the United States the sum of $7,200 for willfully and repeatedly
violating Section 73.3527 of the Commission's Rules.
8.
Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
Commission's Rules within 30 days of the release of this Forfeiture Order. If the forfeiture is not paid


4 47 U.S.C. 503(b).
5 47 C.F.R. 1.80.
6 The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the
Forfeiture Guidelines, Report and Order, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).
7 47 U.S.C. 503(b)(2)(E).
8 See Request at 1.
9 See id.
10 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. 47 U.S.C. 312(f)(1). The legislative history of Section 312(f)(1)
of the Act clarifies that this definition of willful applies to Sections 312 and 503(b) of the Act, H.R. REP. No. 97-
765, 51 (Conf. Rep.), and the Commission has so interpreted the terms in the Section 503(b) context. See Southern
California, 6 FCC Rcd at 4387-88.
11 Section 312(f)(1) of the Act defines "repeated" as "the commission or omission of [any] act more than once or, if
such commission or omission is continuous, for more than one day." 47 U.S.C. 312(f)(1). See also Southern
California, 6 FCC Rcd at 4388 (applying this definition of repeated to Sections 312 and 503(b) of the Act).
12 See, e.g., Claro Communications, Ltd., Forfeiture Order, 23 FCC Rcd 359, 362 (EB 2008) (reducing forfeiture
amount based on licensee's history of compliance); Traffic Control Products of Florida Inc., Forfeiture Order, 23
FCC Rcd 5452, 5454 (EB 2008) (same). See also 47 C.F.R. 1.80, Note to Paragraph (b)(4), Downward
Adjustment Criteria.
13 47 U.S.C. 503(b); 47 C.F.R. 0.283, 1.80.
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Federal Communications Commission

DA 09-140

within the period specified, the case may be referred to the Department of Justice for collection pursuant
to Section 504(a) of the Act.14 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 in the caption above. Payment by check or money order may
be mailed to Federal Communications Commission, at 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, BNF: FCC/ACV--27000001 and account number as expressed
on the remittance instrument. If 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).15
9.
IT IS FURTHER ORDERED, that copies of this Forfeiture Order shall be sent by
Certified Mail Return Receipt Requested and by First Class Mail, to: The Christian Center, Inc., 2405 SW
Lee Boulevard, Lawton, Oklahoma 73505, and to its counsel, Elise M. Stubbe, Esq., Hardy, Carey &
Chautin, LLP, 110 Veterans Boulevard, Suite 300, Metairie, Louisiana 70005.
FEDERAL COMMUNICATIONS COMMISSION
Peter H. Doyle
Chief, Audio Division
Media Bureau


14 47 U.S.C. 504(a).
15 See 47 C.F.R. 1.1914.
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