Talk:WFBO-LP

FCC Action - April 2008
Before the Federal Communications Commission Washington, D.C. 20554

In the Matter of

Halifax Christian Community Church, Inc.

Licensee of WFBO-LP Flagler Beach, Florida Facility ID # 133320

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File Number EB-07-TP-064

NAL/Acct. No. 200832700014

FRN: 0006871339

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Released: April 8, 2008

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

I.	INTRODUCTION 1.	In this Notice of Apparent Liability for Forfeiture (“NAL”), we find that Halifax Christian Community Church, Inc., (“Halifax”), licensee of low power FM (“LPFM”) radio station WFBO-LP, in Flagler Beach, Florida, apparently willfully violated Section 73.845 of the Commission's Rules (“Rules”)  by operating its station inconsistent with the terms of its station authorization and apparently willfully and repeatedly violated Section 301 of the Communications Act of 1934, as amended (“Act”)  by operating an unlicensed radio station. We conclude, pursuant to Section 503(b) of the Act, that Halifax is apparently liable for a forfeiture in the amount of twenty four thousand dollars ($24,000).

II. BACKGROUND 2.	On April 23, 2007, in response to a complaint that LPFM station WFBO-LP was operating an unlicensed station on 93.5 MHz, agents from the Commission’s Tampa Office of the Enforcement Bureau (“Tampa Office”) monitored frequency 93.5 MHz in the Flagler Beach area, but heard no station on that frequency. The agents continued scanning the FM band and found a station on 92.7 MHz that was re-broadcasting the signal of WFBO-LP, which is licensed to operate on 93.3 MHz in the Flagler Beach, FL area. Agents from the Tampa Office used direction finding techniques to locate the source of the transmission on 92.7 MHz to the European Village Resort, 101 Palm Harbor Parkway, Palm Coast, FL. Field strength measurements on 92.7 MHz revealed that the signal being broadcast exceeded the limits for operation under Part 15 of the Commission’s Rules and therefore required a license. An agent from the Tampa Office searched Commission databases and found no evidence of a Commission authorization for a station to operate on 92.7 MHz from this location.

3.	Still on April 23, 2007, agents from the Tampa Office found that the source of the transmission on 92.7 MHz was emanating from station WFBO-LP’s new main studio located in the European Village Resort. The agents interviewed the station’s general manager and president, who admitted that he was broadcasting on 92.7 MHz without a license. He explained that, because WFBO-LP on 93.3 MHz was not heard very well on 93.3 MHz from his new studio location, he began operating on 92.7 MHz in January 2007. The general manager/president stated that he knew the signal on 92.7 MHz got out approximately 1,000 feet and that he could not turn the transmitter any lower than a few watts. He voluntarily unplugged the transmitter, which was not FCC certified, before the agents departed the studio.

4.	On October 19, 2007, agents from the Tampa Office inspected the new main studio of station WFBO-LP located in Flagler Beach, FL after receiving additional anonymous complaints concerning alleged violations at the station. The agents were accompanied by the Director of Station WFBO-LP Operations and observed that the station’s transmitter on 93.3 MHz was operating at 106 watts. The Director contacted the station engineer who confirmed that 106 watts was the actual transmitter power. The station engineer was aware that the station was operating with this power level. The station engineer also stated that the station had installed a Norwalk Electronics Phazor antenna. The station is authorized to operate its transmitter with a maximum of 36 watts and to operate with a Shively 6812B antenna. 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. The term “willful” as used in Section 503(b) of the Act has been interpreted to mean simply that the acts or omissions are committed knowingly. The term “repeated” means the commission or omission of such act more than once or for more than one day.

6.	Section 301 of the Act requires 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. In particular, Section 301 of the Act states that “[n]o person shall use or operate any apparatus for the transmission of energy or communications or signals by radio (a) from one place in any State, Territory, or possession of the United States or in the District of Columbia to another place in the same State, Territory, possession, or District;. . . except under and in accordance with this chapter and with a license in that behalf granted under the provisions of this chapter.”  On April 23, 2007, agents from the Tampa Office determined that Halifax was operating an unlicensed radio transmitter on 92.7 MHz in Palm Coast, FL. Halifax’s general manager and president admitted to operating this unlicensed transmitter on 92.7 MHz since January 2007.

7.	Section 73.845 of the Rules states that each LPFM licensee is responsible for maintaining and operating its broadcast station in a manner … in accordance with the terms of the station authorization. Section 73.1745(a) of the Rules states that no broadcast station shall operate at times, or with modes or power, other than those specified and made a part of the license, unless otherwise provided in this part. Station WFBO-LP is authorized to operate with 36 watts maximum power and a Shively 6812B antenna. On October 19, 2007, agents from the Tampa Office observed the station operating with 106 watts and a Norwalk Electronics Phazor antenna. The station engineer was aware that the station was operating with 106 watts and with a Phazor antenna.

8.	Based on the evidence before us, we find that Halifax apparently willfully violated Section 73.845 of the Rules by operating its station inconsistent with the terms of its station authorization (overpower and with an unauthorized antenna) and apparently willfully and repeatedly violated Section 301 of the Act by operating an unlicensed station.

9.	Pursuant to The Commission’s Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, (“Forfeiture Policy Statement”), and Section 1.80 of the Rules, the base forfeiture amount for exceeding power limits is $4,000 and the base amount for operating an unlicensed station is $10,000. 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, and history of prior offenses, ability to pay, and other such matters as justice may require. Halifax previously received a Warning of Unlicensed Operation and a Forfeiture Order  for overpower operation with a non-certified transmitter from an unauthorized location. Because Halifax has a history of violating the rules currently at issue, we believe an upwards adjustment of the proposed forfeiture is appropriate. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Halifax is apparently liable for a $24,000 forfeiture.

IV. ORDERING CLAUSES 10.	Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Halifax Christian Community Church, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty four thousand dollars ($24,000) for violations of Sections 73.845 of the Rules and Section 301 of the Act.

11.	IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent Liability for Forfeiture, Halifax Christian Community Church, Inc., SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.

12.	Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account Number and FRN Number referenced above. Payment by check or money order may be mailed to Federal Communications Commission, 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[s] by wire transfer may be made to ABA Number 021030004, receiving bank TREAS/NYC, and account number 27000001. For payment by credit card, an FCC Form 159 (Remittance Advice) must be submitted. When 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). Requests for full payment under an installment plan should be sent to: Chief Financial Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington, D.C.  20554. Please contact the Financial Operations Group Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions regarding payment procedures.

13.	The response, if any, must be mailed to Federal Communications Commission, Enforcement Bureau, South Central Region, Tampa Office, 2203 N. Lois Ave, Suite 1215, Tampa, FL 33607, and must include the NAL/Acct. No. referenced in the caption.

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 practices ("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 Certified Mail, Return Receipt Requested, and regular mail, to Halifax Christian Community Church, Inc., at its address of record.

FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow, District Director Tampa Office, South Central Region, Enforcement Bureau

(moved from article pending rewrite and condensing) - Dravecky (talk) 05:06, 3 May 2008 (UTC)