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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554


In the Matter of                  )      File Number EB-04-SJ-042
                                                            )
Clamor Broadcasting Network Inc.  )     NAL/Acct. No.200532680001
Licensee of WJVP-FM               )
P.O. Box 40000                    )                FRN 0008403388
Bayamon, PR 00958                 )


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                 Released: November 16, 2004

By  the  Resident  Agent,  San Juan  Office,  South  Central 
Region, Enforcement Bureau:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture  (``NAL''), we  find Clamor  Broadcasting Network 
Inc.  (``Clamor''),  licensee   of  radio  station  WJVP-FM, 
Culebra, Puerto Rico, apparently  liable for a forfeiture in 
the amount of fifteen thousand dollars ($15,000) for willful 
and repeated violation of Sections  11.35 and 73.1125 of the 
Commission's  Rules  (``Rules'').1   Specifically,  we  find 
Clamor Broadcasting  Network Inc. apparently liable  for not 
having  installed   the  required  Emergency   Alert  System 
(``EAS'') equipment  and not maintaining the  station's main 
studio within the community of license, within the principal 
community  contour, or  within  twenty-five  miles from  the 
reference  coordinates of  the  center of  its community  of 
license.

                         II.  BACKGROUND

     2.   In March of 2000, an agent from the Commission's 
San Juan, Puerto Rico Resident Agent Office (``San Juan 
Office'') inspected radio station WJVP-FM.  The San Juan 
Office issued to Clamor a Notice of Violation for failure to 
maintain a main studio in violation of Section 73.1125 of 
the Rules and failure to maintain operational EAS equipment 
in violation of Section 11.35 of the Rules.

     3.   On August 11, 2004, an agent from the San Juan 
Office inspected radio station WJVP-FM at their studio 
located on Granada Street, Urb. Alahambra, Bayamon, Puerto 
Rico. The station did not have the required EAS equipment 
installed. According to the operator, the station's engineer 
had removed it during March or April of this year. When the 
agent requested to see the EAS log the operator provided a 
log that appeared to belong to another station WKVN-FM, 
Levittown, Puerto Rico. This log reflected the last test was 
performed on March 10, 2004.  The station's only studio was 
located on Granada Street, Urb. Alahambra, Bayamon, Puerto 
Rico, outside of Culebra, the station's community of 
license, approximately 16 miles outside the station's 
principal community contour, and more than 25 miles 
(approximately 65 miles) from the reference coordinates of 
the center of its community of license. 

                      III.  DISCUSSION

     4.   Section  11.35  requires  that EAS  Encoders,  EAS 
Decoders  and  Attention  Signal  generating  and  receiving 
equipment used as  part of the EAS be installed  so that the 
monitoring and  transmitting functions are  available during 
the times  the stations  and systems  are in  operation.  On 
August 11, 2004 an agent  from the San Juan office inspected 
WJVP's  studio and  found  no EAS  equipment installed.  The 
equipment  had  been removed  from  service  by the  station 
engineer at least  four months prior to  the inspection.  No 
EAS  logs for  station  WJVP-FM were  available showing  the 
equipment  had been  removed for  repair or  replacement, or 
providing explanation for failure to conduct EAS tests.  The 
San Juan  Office notified Clamor  of a similar  violation in 
April of 2000.
      
     5.   Section 73.1125 Broadcast  stations shall maintain 
a studio  within the station's community  of license, within 
the principal community contour  or within twenty-five miles 
from  the  reference  coordinates   of  the  center  of  its 
community  of  license.   At  the  time  of  inspection  the 
station's  studio  was  located   on  Granada  Street,  Urb. 
Alahambra, Bayamon, Puerto Rico, which is more than 25 miles 
from  the community  of  license and  16  miles outside  the 
principal community  contour.  The San Juan  Office notified 
Clamor of a similar violation in April of 2000.

     6.   Based on  the evidence  before us, we  find Clamor 
Broadcasting   Network  Inc.   willfully2  and   repeatedly3 
violated Sections 11.35 and 73.1125  of the Rules by failing 
to have  installed the  required EAS  equipment and  for not 
maintaining  the station's  studio within  its community  of 
license, within  the principal  community contour  or within 
twenty-five  miles from  the  reference  coordinates of  the 
center of its community of license.

     7.   Pursuant to Section 1.80(b)(4)  of the Rules,4 the 
base  forfeiture amount  for failure  to have  installed the 
required EAS  equipment is  eight thousand  dollars ($8,000) 
and  for main  studio violations  is seven  thousand dollars 
($7,000).

     8.     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 a $15,000 forfeiture.

                      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  Clamor Broadcasting  Network Inc.  is 
hereby NOTIFIED of this  APPARENT LIABILITY FOR A FORFEITURE 
in  the amount  of  fifteen thousand  dollars ($15,000)  for 
willful and repeated violation  of Section 11.35 and 73.1125 
of  the  Rules  by  failing  to  install  the  required  EAS 
equipment  and  failure  to maintain  the  station's  studio 
within  the  community  of  license,  within  the  principal 
community  contour  or  within twenty-five  miles  from  the 
reference  coordinates of  the  center of  its community  of 
license.

     10.  IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this  NAL, Clamor  Broadcasting Network  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 may  be made by check or 
similar  instrument, payable  to  the order  of the  Federal 
Communications Commission.  Payment by  check or money order 
may  be mailed  to  Forfeiture  Collection Section,  Finance 
Branch, Federal  Communications Commission, P.O.  Box 73482, 
Chicago, IL  60673-7482.  Payment  by overnight mail  may be 
sent  to  Bank One/LB  73482,  525  West Monroe,  8th  Floor 
Mailroom, Chicago, IL 60661.    Payment by wire transfer may 
be made  to ABA Number  071000013, receiving bank  Bank One, 
and  account  number  1165259.    The  payment  should  note 
NAL/Acct.  No. 200532680001,  and FRN  0008403388.  Requests 
for  payment  of  the  full  amount of  this  NAL  under  an 
installment  plan  should be  sent  to:  Chief, Revenue  and 
Receivable   Operations  Group,   445  12th   Street,  S.W., 
Washington, D.C. 20554.8

     12.  The response,  if any,  must be mailed  to Federal 
Communications  Commission,  Enforcement Bureau,  Room  762, 
Federal Building,  San Juan, PR 00918-1731  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 
submitted.  

     14.  IT  IS FURTHER  ORDERED THAT  a copy  of this  NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested to Clamor  Broadcasting Network Inc., P.O. 
Box 40000, Bayamon, PR 00958
   
                         FEDERAL COMMUNICATIONS COMMISSION


                         William Berry
                         San Juan Office, Enforcement Bureau
_________________________

1 47 C.F.R.  11.35 & 73.1125.

2 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 4387-88 
(1991).

3 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.  312(f)(2).

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.