Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

Iglesia Cristiana Ebenezer, Inc.

Download Options

Released: October 25, 2013

Federal Communications Commission

DA 13-2053

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Iglesia Cristiana Ebenezer, Inc.
)
File No.: EB-FIELDSCR-13-000085421
)
NAL/Acct. No.: 201432500001
Licensee of Translator Station K295BF,
)
FRN: 0013743158
Greenville, Texas
)
Facility ID No.: 156869
)

NOTICE OF APPARENT LIABILITY FOR FOFEITURE

Adopted: October 24, 2013

Released: October 25, 2013

By the District Director, Dallas Office, South Central Region, Enforcement Bureau:

I.

INTRODUCTION

1.
In this Notice of Apparent Liability for Forfeiture (NAL), we find that Iglesia Cristiana
Ebenezer, Inc. (Iglesia), licensee of FM Translator Station K295BF, in Greenville, Texas (Station K295BF),
apparently willfully and repeatedly violated Section 301 of the Communications Act of 1934, as amended
(Act), and Section 74.1251(a) of the Commission's rules (Rules),2 by operating Station K295BF at an
unauthorized location. We conclude that Iglesia is apparently liable for a forfeiture in the amount of eight
thousand dollars ($8,000).

II.

BACKGROUND

2.
Iglesia's FM Translator Station K295BF is authorized to rebroadcast the signal of low
power FM Station KYLP-LP.3 Further, in 2011, Station K295BF was authorized to operate at coordinates
33-00-21.9 N 096-17-32.9 W, in Royse City, Texas. On June 15, 2011, in response to a complaint that
Station K295BF was operating at an unauthorized location, agents from the Enforcement Bureau's Dallas
Office (Dallas Office) observed that Station K295BF was operating at coordinates 32-58-07.4 N 096-20-
30.6 W (in Royse City), which was at variance with its authorization. On the same day, the agents informed
Iglesia's owner of the discrepancy and directed the licensee to cease operating Station K295BF at the
unauthorized location.
3.
On June 24, 2011, Iglesia submitted an FCC Form 349 application (Application) to obtain
authority to change its community of license from Greenville to Royse City, Texas, and to move Station
K295BF to a new location (i.e., at coordinates 32-58-07.4 N 096-20-30.6 W, in Royse City).4 The FCC's
Media Bureau accepted the Application for filing on June 27, 2011. In addition, on July 8, 2011, Iglesia
filed a request for a Special Temporary Authorization (STA) with the Media Bureau to obtain authority to
move Station K295BF to the new location.5 On July 11, 2011, the Media Bureau, however, denied Iglesia's


1 File No. EB-FIELDSCR-13-00008542 incorporates the contents of File No. EB-11-DL-0053, the previous file
number for this case.
2 47 U.S.C. 301; 47 C.F.R. 74.1251(a).
3 See License File No. BLFT-20070423ABX.
4 See License File No. BPFT-20110624ACD.
5 See License File No. BSTA-20110708AAA.

Federal Communications Commission

DA 13-2053

STA request because the proposed STA operation would result in a substantial extension of its coverage
area.6 Despite denial of its STA, Iglesia continued to operate Station K295BF at the unauthorized location.
During follow up inspections on March 7 and 19, 2012, an agent from the Dallas Office confirmed that
Station K295BF was still operating at the unauthorized location. Several months later, during a subsequent
investigation, the agents discovered that Station K295BF apparently returned to its original, authorized
location sometime in November 2012. However, for approximately 17 months, while Iglesia's Application
was pending, Iglesia apparently continued to operate the transmitter at the unauthorized location.
4.
On June 17, 2013, the Media Bureau granted Iglesia's Application to move its transmitter
to the new location. In September 2013, the Dallas Office confirmed that Station K295BF was operating its
transmitter at the new (authorized) location.

III.

DISCUSSION

5.
Section 503(b) of the 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 order issued by the Commission
thereunder, shall be liable for a forfeiture penalty.7 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.8
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,9 and the Commission has so interpreted the term in the Section 503(b)
context.10 The Commission may also assess a forfeiture for violations that are merely repeated, and not
willful.11 The term "repeated" means the commission or omission of such act more than once or for more
than one day.12


6 See Letter from Charles N. Miller, Engineer, Audio Division, Media Bureau, to Dan J. Alpert, Counsel for Iglesia
Cristiana Ebeneezer, Inc. (July 11, 2011) (on file in EB-FIELDSCR-13-00008542). To remedy the expansion in
coverage area, the proposed STA operation power would need to be significantly reduced, which would eliminate
coverage in the current community of license.
7 47 U.S.C. 503(b).
8 47 U.S.C. 312(f)(1).
9 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 . . . .").
10 See, e.g., Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388
(1991), recons. denied, 7 FCC Rcd 3454 (1992).
11 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).
12 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.
2

Federal Communications Commission

DA 13-2053

A.

Operation at an Unauthorized Location

6.
The evidence in this case establishes that Iglesia violated Section 301 of the Act and
Section 74.1251(a) of the Rules. Section 301 of the Act states that no person shall use or operate any
apparatus for the transmission of energy or communications or signals by radio within the United States,
except under and in accordance with the Act and with a license granted under the provisions of the Act.13 In
addition, Section 74.1251(a) of the Rules states that "[n]o change, either mechanical or electrical . . . may be
made in FM translator or booster apparatus which has been certificated by the Commission without prior
authority of the Commission."14
7.
Pursuant to Iglesia's license as of 2011, FM Translator Station K295BF was authorized to
operate at coordinates 33-00-21.9 N 096-17-32.9 W in Royse City, Texas. The record evidence, however,
shows that Iglesia was engaged in unauthorized operation by operating Station K295BF at a different
location (i.e., at coordinates 32-58-07.4 N 096-20-30.6 W, in Royse City). The Dallas Office agents
confirmed this fact on June 15, 2011, and specifically directed Iglesia to cease operation from the
unauthorized location, which Iglesia did not do. Although Iglesia later submitted a license modification
Application (i.e., by filing an FCC Form 349) to change its community of license and to obtain authorization
to operate the transmitter at the new location, it continued to operate Station K295BF at the unauthorized
location before receiving Commission approval. A licensee simply cannot operate in conformity with its
license modification application based on the assumption that the application will later be granted.15 Until
such modification application has been granted, a licensee is expected to operate in strict conformity with
its current license authorization, unless it has been granted special temporary authority in the interim.16
Here, although Iglesia applied for an STA on July 8, 2011, to permit operations at a new location while its
Application remained pending, the FCC's Media Bureau denied the STA application on July 11, 2011,
because the proposed STA operation would result in a substantial extension of Station K295BF's coverage
area. In spite of the denial of its request for an STA and the pendency of its Application, Iglesia continued
to operate Station K295BF at the unauthorized location.17 Based on the evidence before us, we find that
Iglesia apparently willfully and repeatedly violated Section 301 of the Act and Section 74.1251(a) of the
Rules by operating Station K295BF at an unauthorized location.18

B.

Proposed Forfeiture

8.
Pursuant to the Commission's Forfeiture Policy Statement and Section 1.80 of the Rules,
the base forfeiture amount for construction or operation at an unauthorized location is $4,000.19 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


13 47 U.S.C. 301.
14 47 C.F.R. 74.1251(a).
15 See Ace of Hearts Disc Jockey Service, Inc., Memorandum Opinion and Order, 28 FCC Rcd 1095 (Enf. Bur.
2013).
16 See 47 U.S.C. 301. See also J. Thomas Development of NM, Inc., Memorandum Opinion and Order and Notice
of Apparent Liability for Forfeiture, 27 FCC Rcd 10859 (Media Bur. 2012) (finding that licensee's operations after
license expired and without STA apparently violated Section 301).
17 As the record reflects, the Dallas Office confirmed on March 7 and 9, 2012--more than eight months after FCC
agents informed Iglesia of the violation and ordered it to cease operating at the unauthorized location--that Station
K295BF was still operating at the unauthorized location.
18 See Bay Broadcasting Corporation, 15 FCC Rcd 13613 (Enf. Bur. 2000) (forfeiture issued for operating a
translator station at unauthorized location in violation of Section 74.1251).
19 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.
3

Federal Communications Commission

DA 13-2053

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.20 In doing so, we find that the facts and circumstances of this case
justify a $4,000 upward adjustment of the base forfeiture amount to take into account Iglesia's deliberate
disregard for the Commission's authority on two occasions: first, by continuing to operate Station K295BF
at an unauthorized location even after it was specifically directed by FCC agents to cease the unauthorized
operation; and, second, by continuing to operate the Station at an unauthorized location despite denial of its
STA request and also before its Application was granted.21 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 total forfeiture in the amount of $8,000 for operation at an unauthorized location.

IV.

ORDERING CLAUSES

9.
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, Inc. is hereby

NOTIFIED

of this

APPARENT LIABILITY FOR A
FORFEITURE

in the amount of eight thousand dollars ($8,000) for violations of Section 301 of the Act
and Section 74.1251(a) of the Rules.22
10.

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, Iglesia
Cristiana Ebenezer, Inc.

SHALL PAY

the full amount of the proposed forfeiture or

SHALL FILE

a
written statement seeking reduction or cancellation of the proposed forfeiture.
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, Inc. 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.23 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


20 47 U.S.C. 503(b)(2)(E).
21 See, e.g., Nounone Lubin, Forfeiture Order, 26 FCC Rcd 7758 (Enf. Bur. 2011), aff'g, Notice of Apparent
Liability for Forfeiture, 25 FCC Rcd 12654 (Enf. Bur. 2010) (proposing upward adjustment of the base forfeiture
amount because unlicensed operator previously was informed of the violation).
22 47 U.S.C. 301, 503(b); 47 C.F.R. 0.111, 0.204, 0.311, 0.314, 1.80, 74.1251(a).
23 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
4

Federal Communications Commission

DA 13-2053

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. 20554.24 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.25 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, Inc. also shall e-mail the written response to SCR-Response@fcc.gov.
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 shall be sent by both Certified Mail, Return Receipt Requested, and First Class Mail to Iglesia
Cristiana Ebenezer, Inc. at 3207 Forest Lane, Garland, Texas 75042.
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
District Director
Dallas Office
South Central Region
Enforcement Bureau


24 See 47 C.F.R. 1.1914.
25 47 C.F.R. 1.16, 1.80(f)(3).
5

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.