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Iglesia Cristiana Ebenezer of Greenville, TX

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Released: May 6, 2013

Federal Communications Commission

DA 13-1004

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Iglesia Cristiana Ebenezer of Greenville, TX
)
File No.: EB-FIELDSCR-12-000043711
)
NAL/Acct. No.: 201332500003
Licensee of Station KYLP-LP
)
FRN: 0015575970
Greenville, Texas
)
Facility ID No.: 135673
)

NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

Adopted: May 6, 2013
Released: May 6, 2013
By the District Director, Dallas Office, South Central Region, Enforcement Bureau:

I.

INTRODUCTION

1.
In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that Iglesia
Cristiana Ebenezer of Greenville, TX (Iglesia), licensee of Station KYLP-LP (Station), in Greenville,
Texas, apparently willfully and repeatedly violated Section 11.35(a) of the Commission’s rules (Rules),2 by
failing to install Emergency Alert System (EAS) equipment and maintain EAS logs. We conclude that
Iglesia is apparently liable for a forfeiture in the amount of nine thousand dollars ($9,000). In addition, we
direct Iglesia to submit, no later than thirty (30) calendar days from the release date of this NAL, a statement
signed under penalty of perjury stating that Station KYLP-LP has installed operational EAS equipment and
otherwise complies with the EAS rules.

II.

BACKGROUND

2.
On March 7, 2012, in response to an unrelated complaint about the Station, an agent from
the Dallas Office of the Enforcement Bureau (Dallas Office) inspected the main studio for Station KYLP-
LP and observed that the station had no EAS equipment installed at the studio. On March 16, 2012, the
agent also confirmed that the Station had not installed any EAS equipment at its transmitter site.
Moreover, Station KYLP had no EAS logs demonstrating that EAS equipment had ever been installed or
operational at the station.3

III.

DISCUSSION

3.
Section 503(b) of the Communications Act of 1934, as amended (Act), provides that any
person who willfully or repeatedly fails to comply substantially with the terms and conditions of any license,
or willfully or repeatedly fails to comply with any of the provisions of the Act or of any rule, regulation, or


1 File No. EB-FIELDSCR-12-00004371 incorporates the contents of File No. EB-11-DL-0053.
2 47 C.F.R. § 11.35(a).
3 See 47 C.F.R. §§ 11.35(b) (requiring licensees to log when EAS equipment is removed for repair or replacement),
73.1820(a)(1)(iii) (requiring licensees to maintain a log for each test and activation of EAS equipment).

Federal Communications Commission

DA 13-1004

order issued by the Commission thereunder, shall be liable for a forfeiture penalty.4 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.5 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,6 and the Commission has so
interpreted the term in the Section 503(b) context.7 The Commission may also assess a forfeiture for
violations that are merely repeated, and not willful.8 The term “repeated” means the commission or
omission of such act more than once or for more than one day.9

A.

Failure to Install EAS Equipment and Maintain EAS Logs

4.
Every broadcast station is part of the nationwide EAS network and is categorized as a
participating national EAS source unless the station affirmatively requests authority to refrain from
participation, and that request is approved by the Commission.10 The EAS enables the President and the
state and local governments to provide immediate and emergency communications and information to the
general public.11 State and local area plans identify local primary sources responsible for coordinating
carriage of common emergency messages from the sources such as the National Weather Service or local
emergency management officials.12 Required monthly and weekly tests originate from EAS Local or
State Primary sources and must be retransmitted by the participating station. As the nation’s emergency
warning system, the Emergency Alert System is critical to the public safety, and we recognize the vital
role that broadcasters play in ensuring its success. The Commission takes seriously any violations of the
Rules implementing the EAS and expects full compliance from its licensees.
5.
The evidence in this case is sufficient to establish that Iglesia violated Section 11.35(a) of
the Rules. Section 11.35(a) of the Rules requires all broadcast stations to ensure that EAS encoders, EAS


4 47 U.S.C. § 503(b).
5 47 U.S.C. § 312(f)(1).
6 H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) (“This provision [inserted in Section 312] defines the terms
‘willful’ and ‘repeated’ for purposes of section 312, and for any other relevant section of the act (e.g., Section 503)
. . . . As defined[,] . . . ‘willful’ means that the licensee knew that he was doing the act in question, regardless of
whether there was an intent to violate the law. ‘Repeated’ means more than once, or where the act is continuous, for
more than one day. Whether an act is considered to be ‘continuous’ would depend upon the circumstances in each
case. The definitions are intended primarily to clarify the language in Sections 312 and 503, and are consistent with
the Commission’s application of those terms . . . .”).
7 See, e.g., Application for Review of Southern California Broadcasting Co., Memorandum Opinion and Order, 6
FCC Rcd 4387, 4388 (1991), recons. denied, 7 FCC Rcd 3454 (1992).
8 See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for Monetary Forfeiture, 16 FCC Rcd 1359, 1362,
para. 10 (2001) (Callais Cablevision, Inc.) (proposing a forfeiture for, inter alia, a cable television operator’s
repeated signal leakage).
9 Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which also applies to violations for which forfeitures are
assessed under Section 503(b) 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.” See Callais Cablevision, Inc., 16 FCC Rcd at 1362.
10 47 C.F.R. §§ 11.11, 11.19, 11.41.
11 47 C.F.R. §§ 11.1, 11.21.
12 47 C.F.R. § 11.18. State EAS plans contain guidelines that must be followed by broadcast and cable personnel,
emergency officials and National Weather Service personnel to activate the EAS for state and local emergency
alerts. The state plans include the EAS header codes and messages to be transmitted by the primary state, local and
relay EAS sources. 47 C.F.R. § 11.21.
2

Federal Communications Commission

DA 13-1004

decoders, and attention signal generating and receiving equipment are installed and operational so that the
monitoring and transmitting functions are available during the times the station is in operation.13 On
March 7, 2012, and March 16, 2012, an agent from the Dallas Office observed that Station KYLP-LP had
no installed EAS equipment at either its main studio or transmitter site. The Station also had no EAS logs
showing that the Station ever had any operational EAS equipment. Based on the evidence before us, we
find that Iglesia apparently willfully and repeatedly violated Section 11.35(a) of the Rules by failing to
install EAS equipment and maintain EAS logs.

B.

Proposed Forfeiture and Reporting Requirement

6.
Pursuant to the Commission’s Forfeiture Policy Statement and Section 1.80 of the Rules,
the base forfeiture amount for failing to install EAS equipment is $8,000.14 In assessing the monetary
forfeiture amount, we must also take into account the statutory factors set forth in Section 503(b)(2)(E) of
the Act, which include the nature, circumstances, extent, and gravity of the violations, 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.15 We find that Iglesia’s failure to maintain any EAS logs for the Station warrants an
upward adjustment of $1,000. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the
statutory factors to the instant case, we conclude that Iglesia is apparently liable for a forfeiture in the
amount of $9,000.
7.
We further order Iglesia to submit a written statement, pursuant to Section 1.16 of the
Rules,16 signed under penalty of perjury by an officer or director of Iglesia, stating that Station KYLP-LP
has installed operational EAS equipment as required, and otherwise complies with the EAS rules. This
statement must be provided to the Dallas Office at the address listed in paragraph 10 within thirty (30)
calendar days of the release date of this NAL.

IV.

ORDERING CLAUSES

8.
Accordingly,

IT IS ORDERED

that, pursuant to Section 503(b) of the Communications
Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission’s rules,
Iglesia Cristiana Ebenezer of Greenville, TX is hereby

NOTIFIED

of this

APPARENT LIABILITY FOR
A FORFEITURE

in the amount of nine thousand dollars ($9,000) for violations of Section 11.35(a) of
the Rules.17
9.

IT IS FURTHER ORDERED

that, pursuant to Section 1.80 of the Commission’s rules,
within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and
Order, Iglesia Cristiana Ebenezer of Greenville, TX

SHALL PAY

the full amount of the proposed
forfeiture or

SHALL FILE

a written statement seeking reduction or cancellation of the proposed forfeiture.
10.

IT IS FURTHER ORDERED

that Iglesia Cristiana Ebenezer of Greenville, TX

SHALL

SUBMIT

a written statement, as described in paragraph 7, within thirty (30) calendar days of the release


13 47 C.F.R. § 11.35(a). See also supra note 3.
14 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) (Forfeiture Policy Statement), recons. denied,
15 FCC Rcd 303 (1999); 47 C.F.R. § 1.80.
15 47 U.S.C. § 503(b)(2)(E).
16 47 C.F.R. § 1.16.
17 47 U.S.C. § 503(b); 47 C.F.R. §§ 0.111, 0.204, 0.311, 0.314, 1.80, 11.35(a).
3

Federal Communications Commission

DA 13-1004

date of this Notice of Apparent Liability for Forfeiture and Order. The statement must be mailed to
Federal Communications Commission, Enforcement Bureau, South Central Region, Dallas Office, 9330
LBJ Freeway, Suite 1170, Dallas, Texas 75243. Iglesia shall also e-mail the written statement to SCR-
Response@fcc.gov.
11.
Payment of the forfeiture must be made by check or similar instrument, wire transfer, or
credit card, and must include the NAL/Account number and FRN referenced above. Iglesia Cristiana
Ebenezer of Greenville, TX shall also send electronic notification on the date said payment is made to
SCR-Response@fcc.gov. Regardless of the form of payment, a completed FCC Form 159 (Remittance
Advice) must be submitted.18 When completing the FCC Form 159, enter the Account Number in block
number 23A (call sign/other ID) and enter the letters “FORF” in block number 24A (payment type
code). Below are additional instructions you should follow based on the form of payment you select:
·
Payment by check or money order must be made payable to the order of the Federal
Communications Commission. Such payments (along with the completed Form 159) must be
mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000,
or sent via overnight mail to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005
Convention Plaza, St. Louis, MO 63101.
·
Payment by wire transfer must be made to ABA Number 021030004, receiving bank
TREAS/NYC, and Account Number 27000001. To complete the wire transfer and ensure
appropriate crediting of the wired funds, a completed Form 159 must be faxed to U.S. Bank at
(314) 418-4232 on the same business day the wire transfer is initiated.
·
Payment by credit card must be made by providing the required credit card information on FCC
Form 159 and signing and dating the Form 159 to authorize the credit card payment. The
completed Form 159 must then be mailed to Federal Communications Commission, P.O. Box
979088, St. Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank – Government
Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
12.
Any request for making full payment over time under an installment plan should be sent
to: Chief Financial Officer—Financial Operations, Federal Communications Commission, 445 12th
Street, S.W., Room 1-A625, Washington, D.C. 20554.19 If you have questions regarding payment
procedures, please contact the Financial Operations Group Help Desk by phone, 1-877-480-3201, or by
e-mail, ARINQUIRIES@fcc.gov.
13.
The written statement seeking reduction or cancellation of the proposed forfeiture, if
any, must include a detailed factual statement supported by appropriate documentation and affidavits
pursuant to Sections 1.16 and 1.80(f)(3) of the Rules.20 Mail the written statement to Federal
Communications Commission, Enforcement Bureau, South Central Region, Dallas Office, 9330 LBJ
Freeway, Suite 1170, Dallas, Texas 75243, and include the NAL/Acct. No. referenced in the caption.
Iglesia Cristiana Ebenezer of Greenville, TX also shall e-mail the written response to SCR-
Response@fcc.gov.


18 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
19 See 47 C.F.R. § 1.1914.
20 47 C.F.R. §§ 1.16, 1.80(f)(3).
4

Federal Communications Commission

DA 13-1004

14.
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 principles (GAAP); or (3)
some other reliable and objective documentation that accurately reflects the petitioner’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.
15.

IT IS FURTHER ORDERED

that a copy of this Notice of Apparent Liability for
Forfeiture and Order shall be sent by both Certified Mail, Return Receipt Requested, and First Class Mail to
Iglesia Cristiana Ebenezer of Greenville, TX at 3207 Forest Lane, Garland, Texas 74042.
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
District Director
Dallas Office
South Central Region
Enforcement Bureau
5

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