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Christian Faith Broadcast, Inc.

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Released: December 4, 2013

Federal Communications Commission

DA 13-2313

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of:
)
)

Christian Faith Broadcast, Inc.
)
Facility I.D. No. 11033
Licensee of Station WLLA
)
NAL/Acct. 201341420058
Kalamazoo, Michigan
)
FRN: 0002940195

NOTICE OF APPARENT

LIABILITY FOR FORFEITURE

Adopted: December 3, 2013

Released: December 4, 2013

By the Chief, Video Division, Media Bureau:

I. INTRODUCTION

1. In this Notice of Apparent Liability for Forfeiture (“NAL”)1 we find that Christian Faith
Broadcast, Inc. (the “Licensee”), licensee of full power television station WLLA, Kalamazoo, Michigan
(the “Station”), apparently willfully and/or repeatedly violated the Commission’s Rules by: failing to file
with the Commission, and place in its public inspection files, the Station’s Children’s Television
Programming Reports in a timely manner, in violation of Section 73.3526(e)(11)(iii).2 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 Thirteen Thousand Dollars ($13,000).

II.

BACKGROUND

2.
Section 73.3526 of the Rules requires each commercial broadcast licensee to maintain a
public inspection file containing specific types of information related to station operations.3 As set forth
in subsection 73.3526(e)(11)(iii), each commercial television licensee is required to prepare and place in
its public inspection file a Children’s Television Programming Report (FCC Form 398) for each calendar
quarter reflecting, inter alia, the efforts that it made during that quarter to serve the educational and
informational needs of children. That subsection also requires licensees to file the reports with the
Commission and to publicize the existence and location of the reports.
3. On May 30, 2013, the Licensee filed its license renewal application (FCC Form 303-S) for
the Station.4 In response to Section IV, Question 3 of the Application, the Licensee stated that, during the
previous license term, it failed to place in the public file and file electronically with the Commission its
Children’s Television Programming Reports in a timely manner for nine quarters.5


1 This NAL is issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the “Act”), and
Section 1.80 of the Commission’s Rules (the “Rules”). See 47 U.S.C. § 503(b); 47 C.F.R. § 1.80. The Chief, Video
Division, Media Bureau, has delegated authority to issue the NAL under Section 0.283 of the Rules. See 47 C.F.R. §
0.283.
2 47 C.F.R. § 73.3526(e)(11)(iii).
3 47 C.F.R. § 73.3526.
4 File No. BRCDT-20130530AFD.
5 Id., Exhibit 20

Federal Communications Commission

DA 13-2313

III. DISCUSSION

4. The Licensee’s failure to prepare, place in its public inspection file, and electronically file
with the Commission in a timely manner its Children’s Television Programming Reports for nine quarters
constitutes an apparent willful and/or repeated violation of Section 73.3526(e)(11)(iii).
5. 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 and/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.6 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.7 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,8 and the Commission has so interpreted the term in the Section
503(b) context.9 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.”10
6. The Commission’s Forfeiture Policy Statement and Section 1.80(b)(4) of the Rules establish
a base forfeiture amount of $3,000 for failure to file a required form and a base forfeiture amount of
$10,000 for public file violations.11 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, 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.”12
7. In this case, the Licensee has admitted that it failed to file with the Commission and place in
the public inspection file its Children’s Television Programming Reports in a timely manner for nine
quarters, and we conclude that the Station is apparently liable for a $10,000 forfeiture for this public file
violation and a $3,000 forfeiture for its failure to file the required forms. Based on the record before us,
we therefore conclude that a total forfeiture in the amount of $13,000 for the Station is appropriate for the
Licensee’s apparent willful and/or repeated violations of Section 73.3526(e)(11)(iii).13

IV. ORDERING CLAUSES

8. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of
1934, as amended, and Section 1.80 of the Commission’s Rules, that Christian Faith Broadcast, Inc. is


6 47 U.S.C. § 503(b)(1)(B); see also 47 C.F.R. § 1.80(a)(1).
7 47 U.S.C. § 312(f)(1).
8 See H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982).
9 See Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991).
10 47 U.S.C. § 312(f)(2).
11 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.
12 47 U.S.C. § 503(b)(2)(D); see also Forfeiture Policy Statement, 12 FCC Rcd at 17100-01; 47 C.F.R. § 1.80(b)(4)
and note to paragraph (b)(4), Section II.
13 The Licensee also failed to place the required certification of the Station’s compliance with the requirements of 47
C.F.R. § 73.6001 in its public file in a timely manner. We will exercise our discretion pursuant to Section 503(b) of
the Act and admonish the Licensee for its apparent violation of Section 73.3526(c)(17) of the Commission’s Rules.
2

Federal Communications Commission

DA 13-2313

hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Thirteen
Thousand Dollars ($13,000) for its apparent willful and/or repeated violations of Section 73.3526 of the
Commission’s Rules.
9. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission’s Rules, that,
within thirty (30) days of the release date of this NAL, Christian Faith Broadcast, Inc. SHALL PAY the
full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or
cancellation of the proposed forfeiture.
10. 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. Nos.
and FRN Nos. 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 numbers in
block number 23A (call sign/other ID), and enter the letters “FORF” in block number 24A (payment type
code). Licensee will also send electronic notification on the date said payment is made to
Peter.Saharko@fcc.gov.
11. 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 Saharko, Attorney Adviser,
Video Division, Media Bureau, and MUST INCLUDE the NAL/Acct. Nos. referenced above. An
electronic copy should be sent via email, if possible, to peter.saharko@fcc.gov.
12. 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 respondent’s current
financial status. Any claim of inability to pay must specifically identify the basis for the claim by
reference to the financial documentation submitted.
13. 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. 20554.14
14. IT IS FURTHER ORDERED that copies of this NAL shall be sent, by First Class and
Certified Mail, Return Receipt Requested, to Christian Faith Broadcast, Inc., 3809 Maple Avenue,
Castalia, Ohio, 44824, and to its counsel, Kathleen Victory, Fletcher, Heald & Hildreth, P.L.C., 1300
North 17th Street, Arlington, Virginia, 22209.
FEDERAL COMMUNICATIONS COMMISSION
Barbara A. Kreisman
Chief, Video Division
Media Bureau


14 See 47 C.F.R. § 1.1914.
3

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