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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-TP-550
Rama Communications, Inc. ) NAL/Acct. No.200432700011
Licensee of WLAA(AM) in Winter )
Garden, Florida ) FRN 0005008016
Orlando, Florida )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: March 5, 2004
By the Enforcement Bureau, Tampa Office:
1. In this Notice of Apparent Liability for
Forfeiture (``NAL''), we find Rama Communications, Inc.
(``Rama''), licensee of radio station WLAA, Winter Garden,
Florida, apparently liable for a forfeiture in the amount of
eighteen thousand dollars ($18,000) for willful and repeated
violation of Sections 11.35(a) and 73.3526(c)(1) of the
Commission's Rules (``Rules'').1 Specifically, we find Rama
Communications, Inc. apparently liable for failure to have
the Emergency Alert System (``EAS'') transmitting functions
available during times the station is in operation, and
failure to make available upon request the complete public
inspection file during regular business hours.
2. On June 3, 2003, the FCC Enforcement Bureau's
Tampa Office (``Tampa Office'') received a complaint
alleging that WLAA failed to reduce transmitter power at the
required times as specified in the station authorization.
3. On June 13, 2003, the agents from the Tampa Office
inspected radio station WLAA during regular business hours.
The agents met with the station's general manager and the
chief operator who assisted the agents during the
inspection. During the inspection, station personnel twice
attempted to run an EAS test using the shared EAS equipment
with co-located and co-owned station WOKB. During both
attempts, the tests were successfully transmitted over
station WOKB but failed to be transmitted over WLAA. The
station logs showed no entries of EAS tests since December
30, 2002, and no entries showing the EAS equipment had been
removed from service for repairs. Station personnel could
not produce the following items for public inspection: a
copy of the current FCC license; contour maps showing
current station coverage; most recent ownership report (last
one available was submitted on January 3, 2001); annual
employment reports; issues/program lists; and the local
public notice announcement.
4. On July 25, 2003, a follow-up investigation
further revealed that the entire public file was not
available at the main studio. A sign posted outside WLAA's
main studio read: ``Effective June 20, 2003, WOKB/WLAA
public files are located at 3765 N. John Young Pkwy,
Orlando, FL for public view, Monday-Friday between 10 AM-5
5. Section 11.35(a) of the Rules requires the
licensee of a broadcast station to ensure that EAS Encoders,
EAS Decoders and Attention Signal generating and receiving
equipment used as part of the EAS are installed so that the
monitoring and transmitting functions are available during
the times the stations and are in operation. At the time of
inspection on June 13, 2003, the station's EAS equipment was
not capable of generating the attention signal over station
WLAA. According to the station's logs, the station had
conducted no EAS tests since December 30, 2002. The logs
contained no entries showing the EAS equipment had been
removed for repair.
6. Section 73.3526(a)(2) of the Rules2 requires that
every permittee or licensee of an AM, FM, TV or Class A TV
station in the commercial broadcast services shall maintain
a public inspection file containing the material, relating
to that station, described in paragraphs (e)(1) through
(e)(10) and paragraph (e)(13) of this section. Section
73.3526(b) of the Rules3 requires the public inspection file
be maintained at the station's main studio. Section
73.3526(c)(1) of the Rules requires the file be available
for public inspection at any time during regular business
hours. At the time of inspection during regular business
hours on July 13, 2003, the following items were unavailable
for inspection: a copy of the current FCC license, contour
maps showing current station coverage, ownership report,
annual employment report, issues/program lists and the local
public notice announcement. During the inspection on July
25, 2003, the entire public inspection file was not
available at the main studio location.
7. Based on the evidence before us, we find Rama
willfully and repeatedly violated Sections 11.35(a) and
73.3526(c)(1) of the Rules for failure to have the EAS
transmitting functions available during times the station is
in operation, and failure to make available upon request the
entire public inspection file during regular business hours.
8. Pursuant to Section 1.80(b)(4) of the Rules,4 the
base forfeiture amount for failure to maintain operational
EAS equipment is $8,000, and for failure to maintain
required records in the public inspection file 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)(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.5 Considering the entire record and applying
the factors listed above, this case warrants an $18,000
IV. ORDERING CLAUSES
9. Accordingly, IT IS ORDERED THAT, pursuant to
Section 503(b) of the Act,6 and Sections 0.111, 0.311 and
1.80 of the Rules,7 Rama Communications, Inc. is hereby
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of eighteen thousand dollars ($18,000) for failure to
have the EAS transmitting functions available during times
the station is in operation, and failure to make available
for inspection the complete public inspection file.
10. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Rules, within thirty days of the release date of
this NAL, Rama Communications, Inc. SHALL PAY the full
amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
11. 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 NAL
under an installment plan should be sent to: Chief, Revenue
and Receivables Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.8
12. 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-
Spectrum Enforcement Division and MUST INCLUDE THE NAL/Acct.
No. referenced above.
13. 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
14. Under the Small Business Paperwork Relief Act of
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the
FCC is engaged in a two-year tracking process regarding the
size of entities involved in forfeitures. If you qualify as
a small entity and if you wish to be treated as a small
entity for tracking purposes, please so certify to us within
thirty (30) days of this NAL, either in your response to the
NAL or in a separate filing to be sent to the Spectrum
Enforcement Division. Your certification should indicate
whether you, including your parent entity and its
subsidiaries, meet one of the definitions set forth in the
list provided by the FCC's Office of Communications Business
Opportunities (OCBO) set forth in Attachment A of this
Notice of Apparent Liability. This information will be used
for tracking purposes only. Your response or failure to
respond to this question will have no effect on your rights
and responsibilities pursuant to Section 503(b) of the
Communications Act. If you have questions regarding any of
the information contained in Attachment A, please contact
OCBO at (202) 418-0990.
15. IT IS FURTHER ORDERED THAT a copy of this NAL
shall be sent by regular mail and Certified Mail Return
Receipt Requested to Rama Communications, Inc., PO Box
680889, Orlando, FL 32868.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
Tampa Office, Enforcement Bureau
1 47 C.F.R. §§ 11.35(a) and 73.3526(c)(1).
2 47 C.F.R. § 73.3526(a)(2).
3 47 C.F.R. § 73.3526(b).
4 47 C.F.R. § 1.80(b)(4).
5 47 U.S.C. § 503(b)(2)(D).
6 47 U.S.C. § 503(b).
7 47 C.F.R. §§ 0.111, 0.311, 1.80.
8 See 47 C.F.R. § 1.1914.