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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Reef Broadcasting, Inc. ) File Number EB-02-SJ-085
Licensee of Radio Stations WRRA, ) NAL/Acct. No.200232680006
WAXJ, and WDHP )
) FRN 0004-3596-18
Christiansted, U.S. Virgin )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: May 18,
By the Enforcement Bureau, San Juan Office:
1. In this Notice of Apparent Liability for Forfeiture, we
find that Reef Broadcasting, Inc. (``Reef''), licensee of radio
stations WRRA, WAXJ and WDHP, willfully and repeatedly violated
Section 11.61(a)(1)(i) of the Commission's Rules,1 by failing to
conduct the required monthly tests of the Emergency Alert System
(``EAS''). We conclude that Reef Broadcasting, Inc. is
apparently liable for a forfeiture in the amount of two thousand
2. On April 26, 2002, in response to a complaint, an agent
of the Commission's San Juan Resident Agent Office inspected the
collocated studios of WRRA, WAXJ and WDHP in St. Croix, U.S.
Virgin Islands. The agent requested the operator on duty to
conduct an EAS test. The operator was incapable of conducting
the test, and could not produce the station's EAS handbook. The
station operations manager, Beverly Myers, stated that she was in
charge of programming but was unaware of the need to schedule EAS
tests. The agent reviewed the station logs dating from January 1
to April 25, 2002, which contained no record of any EAS events or
3. On May 6, 2002, the agent interviewed via telephone Mr.
Hugh Pemberton, identified as WRRA general manager and owner, who
stated there were technical problems with Reef's EAS equipment.
Mr. Pemberton also stated that he had no idea when the equipment
4. Section 11.61(a)(1)(i) requires that AM and FM
broadcast stations conduct monthly EAS tests that conform with
procedures in the EAS Operating Handbook. On April 26, 2002, the
station operator on duty was incapable of conducting an EAS test,
the station's EAS handbook could not be produced, the station's
operations manager was unaware of any requirement to conduct EAS
tests, and the station's logs contained no entries of any EAS
events. Additionally, the station's owner and general manager
admitted that the EAS equipment had ``problems'' and that he did
not know when these problems began. Based on these facts, we
must conclude that stations WRRA, WAXJ and WDHP conducted no EAS
monthly tests from at least January 1 to April 25, 2002.
5. Based on the evidence before us, we find Reef
willfully3 and repeatedly4 violated Section 11.61(a)(1)(i) of the
Rules by failing to conduct the required monthly EAS tests
between January 1 and April 26, 2002.
6. Pursuant to Section 1.80(b)(4) of the Rules,5 the base
forfeiture amount for failure to conduct EAS tests is $2,000
(failure to make required measurements or conduct required
monitoring). In assessing the monetary forfeiture amount, we must
also take into account the statutory factors set forth in Section
503(b)(2)(D) of the Communications Act of 1934, as amended
(``Act''), which include 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 other such matters as justice may require.6 Considering
the entire record and applying the factors listed above, this
case warrants a $2,000 forfeiture.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the
Rules,8 Reef Broadcast, Inc. is hereby NOTIFIED of its APPARENT
LIABILITY FOR A FORFEITURE in the amount of two thousand dollars
($2,000) for willful and repeated violation of Section
11.61(a)(1)(i) of the Rules by failing to conduct the required
monthly EAS tests.
8. 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, May 18, 2002, Reef
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.
9. Payment of the forfeiture may be made by mailing a
check or similar instrument, payable to the order of the Federal
Communications Commission, to the Forfeiture Collection Section,
Finance Branch, Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment should note the
NAL/Acct. No. and FRN referenced above. Requests for payment of
the full amount of this Notice of Apparent Liability under an
installment plan should be sent to: Chief, Revenue and
Receivables Operations Group, 445 12th Street, S.W., Washington,
10. The response, if any, must be mailed to Federal
Communications Commission, Office of the Secretary, 445 12th
Street SW, Washington DC 20554, Attn: Enforcement Bureau-
Technical & Public Safety Division and MUST INCLUDE THE NAL/Acct.
No. and FRN referenced above.
11. 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
12. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt
Requested to Reef Broadcast, Inc., 79-A Castle Coakley,
Christiansted, US Virgin Islands 00820.
FEDERAL COMMUNICATIONS COMMISSION
Resident Agent - San Juan Office,
1 47 C.F.R § 11.61(a)(1)(i)
2 EAS equipment malfunctions, EAS activations and tests, as well
as the failure to receive activations and tests must be recorded
in the station's logs. See 47 C.F.R. §§ 11.35(a), 11.35(b),
11.54.(b)(14), 11.55(c)(7), and 11.61(b).
3 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies to violations for which forfeitures are assessed under
Section 503(b) of the Act, provides that ``[t]he term `willful',
when used with reference to the commission or omission of any
act, means the conscious and deliberate commission or omission of
such act, irrespective of any intent to violate any provision of
this Act ....'' See Southern California Broadcasting Co., 6 FCC
Rcd 4387 (1991).
4 The 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.'' 47 U.S.C. §
5 47 C.F.R. § 1.80(b)(4)
6 47 U.S.C. § 503(b)(2)(D).
7 47 U.S.C. § 503(b).
8 47 C.F.R. §§ 0.111, 0.311, 1.80.
9 See 47 C.F.R. § 1.1914.