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Released: December 31, 1969

Federal Communications Commission

DA 09-142

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of

Facility ID No. 15670

World Overcomers Outreach Ministries

NAL/Acct. No. MB20041810115
FRN: 0010948313
Licensee of Station WLRM(AM)
File No. BR-20040520AIW
Millington, Tennessee


Adopted: January 22, 2009

Released: January 23, 2009

By the Chief, Audio Division, Media Bureau:



In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of nine
thousand dollars ($9,000), to World Overcomers Outreach Ministries ("Licensee"), licensee of Station
WLRM(AM), Millington, Tennessee ("Station"), for its willful and repeated violation of Section 73.3526
of the Commission's Rules ("Rules")1 by failing to properly maintain a public file for the Station.



On December 22, 2004, 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 January 12, 2005.
On May 20, 2004, 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 the issues/programs lists from the first quarter of
1998 through the second quarter of 2003 were not in the Station's public files. On December 22, 2004,
the staff advised Licensee of its apparent liability for a forfeiture of $9,000 for willfully and repeatedly
violating Section 73.3526 of the Rules, based on the fact that, by its admission, over five years' worth of
issues/programs lists were missing from the Station's public inspection file between 1998 and 2003.3 In
response, Licensee filed the subject Request.
In support of its Request, Licensee states that a cancellation of the forfeiture is warranted
because: (1) the Station has been assigned and Licensee no longer owns any broadcast stations; and (2)
the forfeiture amount assessed against it is in excess of those imposed on other licensees for violations
similar to or more serious than Licensee's violation. Licensee asserts these reasons warrant a cancellation
or reduction of the assessed forfeiture.

1 47 C.F.R. 73.3539.
2 Letter to Alton R. Williams from Peter Doyle, reference 1800B3-MAT (MB Dec. 22, 2004).
3 The Commission granted the above-referenced license renewal application on December 22, 2004.

Federal Communications Commission

DA 09-142



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
Licensee first argues that it should be relieved of liability because it no longer owns the
Station.8 We disagree. A licensee is liable for forfeiture for those violations occurring when the station
was under its stewardship.9
Licensee further argues that we should reduce the forfeiture because the forfeiture
amount is inconsistent with that issued to licensees in similar situations. Again, we disagree. It is
undisputed that Licensee's public files were incomplete for over five years, missing issues/programs lists
from the first quarter of 1998 through the second quarter of 2003. The $9,000 forfeiture issued to the
Station is consistent with prior forfeitures for similar violations.10
Finally, we reject Licensee's argument that the forfeiture should be reduced or cancelled
because the forfeiture amount is out of proportion with the seriousness of the violation. Specifically,
Licensee argues that issues/programs lists serve no useful purpose because "the public has no interest
whatsoever in the content of radio station issues and programs lists."11 Accordingly, Licensee argues that
failure to place issues/programs lists in a public file "is no more serious than and should be treated as a
mere `failure to maintain required records' for which the [g]uidelines specify a $1,000 forfeiture."12

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 FCC File No. BAL-20041109AAD, granted Dec. 28, 2004.
9 See, e.g., Broadcast Entertainment Corporation, Memorandum Opinion and Order, 23 FCC Rcd 5431, 5432 4
(Enf. Bur. 2008) (finding that sale of a station is not a basis for cancelling a proposed forfeiture); Vista Point
Communications, Inc.
, Memorandum Opinion and Order and Forfeiture Order, 14 FCC Rcd 140 1 n.2 (MMB
1999) (finding licensee liable for forfeiture for violations of the Commission's rules that took place when station was
under its stewardship); Petition for Reconsideration Concerning Liability of First Media of Monterey, Inc.,
Memorandum Opinion and Order, 7 FCC Rcd 4589 3 (MMB 1992) (finding that, although license was assigned to
another party, assignor is still liable for forfeiture because it owned the station during the period the violation
10 See Phoenix Broadcasting Group, Inc., Forfeiture Order, 23 FCC Rcd 10927 (MB 2008) citing Faith Baptist
Church, Inc
., Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, 22 FCC Rcd 9146
n.14 (MB 2007) ($10,000 forfeiture issued for eleven missing issues/programs lists); Geneva Broadcasting, Inc.,
Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, 21 FCC Rcd 10642 (MB 2006)
(same); WGSO, L.L.C., Forfeiture Order, 2008 WL 4403051, (MB 2008) ($10,000 forfeiture issued for 10 missing
issues/programs lists).
11 Request at 3.
12 Id.

Federal Communications Commission

DA 09-142

As we discussed at length in Faith Christian Music Broadcast Ministries,13
issues/programs lists provide both the Commission and the listening public with important information
regarding the extent to which a station has met the needs and interests of its community during the prior
license term, and therefore, whether license renewal is warranted.14 The rule also is designed to facilitate
the airing of programming responsive to community needs.15 As such, these requirements are integral
components of a licensee's obligation to serve the public interest and meet its community service
obligations.16 The harm, inability to provide full information to the public, exists whether or not a
member of the public requests to inspect the public inspection file.17 Given these considerations, we find
that the forfeiture amount set forth in the Forfeiture Policy Statement for public file violations to be
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 willfully18 and
repeatedly19 violated Section 73.3526 of the Rules. We find that there is no basis for reduction of the
proposed monetary forfeiture.



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,20 that World Overcomers
Outreach Ministries, SHALL FORFEIT to the United States the sum of $9,000 for willfully and
repeatedly violating Section 73.3526 of the Commission's Rules.
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
within the period specified, the case may be referred to the Department of Justice for collection pursuant
to Section 504(a) of the Act.21 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

13 Faith Christian Music Broadcast Ministries, Inc., Forfeiture Order, 20 FCC Rcd 19051, 19053. (2005).
14 See Sun Valley Radio, Inc., Forfeiture Order, DA 08-2426, 2008 WL 4758843 at 8 (MB Oct. 2008) ("Sun
"), citing Normandy Broadcasting Corp. and Lawrence N. Brandt, Initial Decision, 8 FCC Rcd 1, 14 (1992).
15 See Sun Valley at 8 (citing Forfeiture Policy Statement, 12 FCC Rcd at 17104-05 39).
16 See id. (citing 47 U.S.C. 307(a)).
17 Wilson Broadcasting, Inc., Forfeiture Order, 22 FCC Rcd 15963 (EB 2007).
18 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
, 6 FCC Rcd at 4387-88.
19 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
, 6 FCC Rcd at 4388 (applying this definition of repeated to Sections 312 and 503(b) of the Act).
20 47 U.S.C. 503(b); 47 C.F.R. 0.283, 1.80.
21 47 U.S.C. 504(a).

Federal Communications Commission

DA 09-142

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
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: World Overcomers Outreach
Ministries, Alton R. Williams, President, 2124 E. Holmes Road, Memphis, Tennessee 38116, and to its
counsel, Robin H. Rasmussen, Esq., Apperson, Crump & Maxwell, PLC, 6000 Poplar Avenue, Suite 400,
Memphis, Tennessee 38119-3972.
Peter H. Doyle
Chief, Audio Division
Media Bureau

22 See 47 C.F.R. 1.1914.

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