Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



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


In the Matter of                  )
                                 )
Pamal Broadcasting Ltd.           )
Owner  of  Antenna  Structure  #  )   File No. EB-02-TP-525
1054493 in                        )   NAL/Acct. No. 200332700013
Cedar Key, Florida                )   FRN 0005-8279-69
Latham, New York


                MEMORANDUM OPINION AND ORDER

Adopted:  June 14, 2004                 Released:   June 16, 
2004

By the Chief, Enforcement Bureau:

                       I.   INTRODUCTION

     1.   In this Memorandum  Opinion and Order (``Order''), 
we  grant the  petition for  reconsideration filed  by Pamal 
Broadcasting Ltd. (``Pamal''), owner  of antenna structure # 
1054493, located  in Cedar  Key, Florida, of  the Forfeiture 
Order issued on May 16, 2003.1  The Forfeiture Order imposed 
a  monetary  forfeiture  in  the amount  of  three  thousand 
dollars  ($3,000) against  Pamal for  failure to  update the 
Commission   antenna    structure   registration   (``ASR'') 
ownership  records, in  willful  and  repeated violation  of 
Section 17.57 of the Commission's Rules (``Rules'').2   

                       II.   BACKGROUND

     2.   In  September  of  2002, the  Commission's  Tampa, 
Florida  Field Office  (``Field Office'')  inspected antenna 
structure  # 1054493,  and observed  that there  was no  ASR 
posting  at   the  site.   The  Field   Office's  search  of 
Commission databases  revealed that although  Pamal acquired 
Station   WRGO(FM),  Cedar   Key,   Florida  from   Williams 
Broadcasting  Co.  (``Williams'')   and  associated  antenna 
structure #  1054493, on July  11, 2000, Williams  was still 
listed as the antenna structure  owner.  In January of 2003, 
the Field Office released a Notice of Apparent Liability for 
Forfeiture (``NAL'').3  The NAL  found that Pamal apparently 
willfully and repeatedly violated Section 17.57 of the Rules 
by failing  to ``immediately'' notify the  Commission of the 
change  in ownership  of  antenna structure  # 1054493,  and 
proposed a $3,000 forfeiture against Pamal.

     3.   The  Enforcement  Bureau (``Bureau'')  released  a 
Forfeiture Order on  May 16, 2003,4 having had  no record of 
receiving  a response  to the  NAL.  On  June 13,  2003, the 
Bureau received  Pamal's petition for  reconsideration.5  In 
its  petition, Pamal  did  not dispute  the NAL's  findings, 
acknowledging that ``due to an oversight during the transfer 
of  property, the  registered  owner of  the  tower was  not 
changed at closing.''  However,  Pamal sought a reduction of 
the  forfeiture amount  based  upon its  history of  overall 
compliance.  

                       III.     DISCUSSION

     4. The forfeiture  amount in this case  was assessed in 
accordance with Section 503(b)  of the Communications Act of 
1934, as amended (``Act''),6 Section 1.80 of the Rules,7 and 
the Commission's  Forfeiture Policy Statement  and Amendment 
of Section 1.80  of the Rules to  Incorporate the Forfeiture 
Guidelines.8  In assessing forfeitures, Section 503(b)(2)(D) 
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.9  Having considered Pamal's 
petition in  light of  the statutory  factors, we  find that 
reduction of the forfeiture amount is warranted.  

     5.   Pamal asserted, and a search of Commission records 
confirms,  that Pamal  and  its subsidiary,  6 Johnson  Road 
Licenses, Inc., licensee of twenty  (20) FM and AM broadcast 
stations, have  a history of compliance.   After considering 
Pamal's  past history,  we  conclude that  reduction of  the 
forfeiture amount  from $3,000  to $2,400  is appropriate.10  
The fact  that Pamal corrected  the violation after  the NAL 
was  released   is  not,   however,  a  basis   for  further 
reduction.11

IV.    ORDERING CLAUSES

     6.   Accordingly,  IT  IS  ORDERED  that,  pursuant  to 
Sections 405, 503(b)(2)(d) and  504(b) of the Communications 
Act of 1934,  as amended, and Sections 1.80(i)  and 1.106 of 
the  Rules, the  Needham's petition  for reconsideration  IS 
GRANTED. 

     7.   IT IS  FURTHER ORDERED that, pursuant  to Sections 
503(a) and (b)  of the Act,12 and Sections  0.111, 0.311 and 
1.80(f)(4)  of the  Rules,13  Pamal  Broadcasting, Ltd.,  IS 
LIABLE  FOR  A MONETARY  FORFEITURE  in  the amount  of  two 
thousand four  hundred dollars  ($2,400) for its  failure to 
comply with  the notification requirement of  the ASR rules, 
in willful and repeated violation14 of Sections 17.57 of the 
Rules.15   

     8.   Payment  of the  forfeiture shall  be made  in the 
manner provided for  in Section 1.80 of the  Rules within 30 
days of the release of this 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.16  Payment may be made by mailing 
a check or  similar instrument, payable to the  order of the 
Federal   Communications   Commission,    to   the   Federal 
Communications Commission, P.O. Box 73482, Chicago, Illinois 
60673-7482.   The  payment  should reference  NAL/Acct.  No. 
200332700013  and  FRN   0005-8279-69.   Requests  for  full 
payment under an installment plan  should be sent to: Chief, 
Revenue  and  Receivables  Group,  445  12th  Street,  S.W., 
Washington, D.C. 20554.17  

     9.   IT IS  FURTHER ORDERED that  a copy of  this Order 
shall  be sent  by  First Class  and  Certified Mail  Return 
Receipt  Requested to  Pamal Broadcasting,  Ltd., 6  Johnson 
Road, Latham, New York, 12110.

                              FEDERAL         COMMUNICATIONS 
COMMISSION
                         
                              David H. Solomon
                              Chief, Enforcement Bureau



_________________________

1See Pamal Broadcasting  Ltd., 18 FCC Rcd  10349 (Enf. Bur. 
2003).

247 C.F.R.  17.57.

3See  Pamal Broadcasting  Ltd., NAL/Acct.  No. 200332700013 
(Enf. Bur., Tampa, Florida Field Office, January 8, 2003).

4See note 1, supra.

5See  Letter  from   Paul  Howard-Thurst,  Engineer,  Pamal 
Broadcasting, Inc. to David  H. Solomon, Chief, Enforcement 
Bureau, Federal Communications Commission (June 13, 2003).

647 U.S.C.  503(b).

747 C.F.R.  1.80.

812 FCC  Rcd 17087  (1997), recon. denied,  15 FCC  Rcd 303 
(1999) (``Forfeiture Policy Statement'').  

947 U.S.C.  503(b)(2)(D).

10See, e.g., South Central Communications Corp., 18 FCC Rcd 
700,  701, 703   6, 9  (Enf. Bur.  2003) (finding  that a 
licensee's   history   of    compliance   with   Commission 
regulations,   operating   over  30   broadcast   stations, 
warranted a reduction of the proposed forfeiture). 

11See AT&T Wireless Services, Inc., 17 FCC Rcd 7891 (2002), 
forfeiture  ordered, 17  FCC Rcd  21866, 21875-76   26-28 
(2002); Seawest  Yacht Brokers,  9 FCC Rcd  6099, 6099   7 
(1994); TCI Cablevision of Maryland,  Inc., 7 FCC Rcd 6013, 
6014  8 (1992).  

1247 U.S.C.  503(a) and (b).

1347 C.F.R.  0.111, 0.311, 1.80(f)(4).

14See  47 U.S.C.    312(f); see  also Southern  California 
Broadcasting Co., 6 FCC Rcd 4387, 4387-88  5 (1991).

1547 C.F.R  17.57.

1647 U.S.C.  504(a).

17See 47 C.F.R.  1.1914.