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


In the Matter of                 )
                                )
                                )
Clamor Broadcasting Network,     )    File No. EB-03-SJ-019
Inc.                             )    NAL/Acct. No. 200332680004
Owner of Antenna Structure       )    FRN 0008-4033-88
located atop of the              )
Atlantico Condominium of 
Naranjal Street, Levittown, 
Puerto Rico
Bayamon, Puerto Rico 


                        FORFEITURE ORDER

     Adopted:  July 26, 2004                 Released:  July 28, 
     2004    

By the Chief, Enforcement Bureau:

  I.   INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary forfeiture  in  the  amount of  three  thousand  dollars 
($3,000)  to  Clamor  Broadcasting  Network,  Inc.  (``Clamor''), 
licensee of station WKVN-FM and owner of an unregistered  antenna 
structure located atop of  the Atlantico Condominium on  Naranjal 
Street, Levittown, Puerto Rico for willful and repeated violation 
of Section 17.4(a) of  the Commission's Rules (``Rules'').1   The 
noted violation involves Clamor's failure to register its antenna 
structure.

     2.On April 14, 2003, the Commission's San Juan, Puerto  Rico 
Office  (``San  Juan  Office'')  issued  a  Notice  of   Apparent 
Liability for Forfeiture  (``NAL'') to  Clamor in  the amount  of 
three thousand  dollars ($3,000).2   Clamor filed  a response  on 
April 29, 2003.

II.          BACKGROUND

     2.   On March  7,  2003, agents  from  the San  Juan  Office 
inspected Clamor's antenna structure  located atop the  Atlantico 
Condominium in  Levittown, Puerto  Rico.  The  antenna  structure 
consisted of a 120 foot tower on top of the condominium  building 
which resulted in the  total height above  ground of the  antenna 
structure being in excess of 200 feet.  The antenna structure had 
a  small  hand-written  sign  that  read  ``FCC  Temporary  Tower 
Registration 1011531.''   The  agents  checked  the  Commission's 
Antenna Structure Registration  Database and found  no record  of 
the indicated registration number  or any record of  registration 
for this  structure.  The  agents interviewed  station  WKVN-FM's 
engineer, Rafael Cerra, who informed them that Clamor had filed a 
registration application for the structure on December 30,  1996, 
but Commission staff returned the application on March 19,  1997.  
When it returned the  registration application, Commission  staff 
informed  Clamor  that  it  needed  a  current  Federal  Aviation 
Administration (``FAA'') clearance in order for the Commission to 
register Clamor's antenna  structure.  On July  8, 1999, the  FAA 
issued a Determination of No Hazard to Air Navigation to  Clamor.  
At the  time  of  the  inspection, Clamor  did  not  present  any 
evidence to prove that it  had reapplied to register its  antenna 
structure at any time after the original application was returned 
by the Commission.  On April 14, 2003, the San Juan Office issued 
a NAL to  Clamor for  willful and repeated  violation of  Section 
17.4(a) of the Rules.  In response, Clamor claims that it did not 
willfully violate  Section 17.4(a)  of  the Rules.   Clamor  also 
claims  that  it  took  the  FAA  two  years  to  conduct  a  new 
aeronautical study and  that it  has been waiting  on a  response 
from the Commission  to its July  20, 1999 filing  of an  antenna 
structure registration application. 

III.  DISCUSSION

     3.   The  proposed  forfeiture  amount  in  this  case   was 
assessed in accordance with Section 503(b) of the  Communications 
Act of 1934, as amended  (``Act''),3 Section 1.80 of the  Rules,4 
and The Commission's Forfeiture Policy Statement and Amendment of 
Section  1.80  of  the   Rules  to  Incorporate  the   Forfeiture 
Guidelines.5 In examining  Clamor's response,  Section 503(b)  of 
the Act  requires  that  the Commission  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 other such matters 
as justice may require.6    

     4.   Section 17.4(a) of the Rules requires that the owner of 
any proposed antenna structure  that requires notice of  proposed 
construction to  the FAA  must register  the structure  with  the 
Commission prior to construction.  Clamor is the owner of the 220 
foot antenna  structure  for  station  WKVN-FM.   This  structure 
required notice  to the  FAA, and  thus Commission  registration, 
because the structure exceeded 200 feet (60.96 meters) in  height 
above ground.7   From at  least December  30, 1996,  when  Clamor 
unsuccessfully attempted to  register its  antenna structure,  to 
March 7,  2003, when  the  Commission agents  inspected  Clamor's 
still  unregistered  antenna  structure,8  we  find  that  Clamor 
willfully9  and  repeatedly10  failed  to  register  its  antenna 
structure with the Commission.  Although Clamor contends that the 
FAA delayed two years  in granting a  new aeronautical study  and 
that Commission staff delayed in replying to Clamor's resubmitted 
antenna structure  registration  application in  support  of  its 
arguments that it  was diligent  and that the  violation was  not 
willful, we note  that Clamor  did not  request the  aeronautical 
study from the FAA  until February 24,  1999,11 almost two  years 
after Commission staff returned Clamor's first antenna  structure 
registration application.  Clamor's two year delay in seeking  an 
FAA determination  resulted in  its willful violation of  Section 
17.4(a) of the Rules.  Clamor was fully aware that it needed  the 
aeronautical study in  order to register  the antenna  structure.  
Further, Clamor did not register its antenna structure until  May 
19, 2003, more than  four years after the  FAA study, and  almost 
six years after being informed by Commission staff of the actions 
necessary to register  the antenna  structure.  Moreover,  Clamor 
does not  dispute  that  the violation  was  repeated.   Finally, 
although Clamor claims to have resubmitted its antenna  structure 
registration application  to the  Commission  on July  20,  1999, 
there is no evidence to indicate that Clamor actually did so.      

IV.          ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED that,  pursuant to  Section 
503(b) of the Act,  and Sections 0.111,  0.311 and 1.80(f)(4)  of 
the Rules,12 Clamor  Broadcasting Network, Inc.  IS LIABLE FOR  A 
MONETARY FORFEITURE  in  the  amount of  three  thousand  dollars 
($3,000) for its  willful and  repeated failure  to register  its 
antenna structure in violation of Section 17.4(a) of the Rules.  
     9.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.13  
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. 
200332680004 and  FRN 0008-4033-88.   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. 
20554.14  

     5.   IT IS FURTHER ORDERED that  a copy of this Order  shall 
be sent  by  First  Class  and  Certified  Mail,  Return  Receipt 
Requested, to Clamor Broadcasting Network, Inc., P.O. Box  40000, 
Bayamon, Puerto Rico 00958-9000.   

                              FEDERAL COMMUNICATIONS COMMISSION
                         

                              David H. Solomon
                              Chief, Enforcement Bureau


_________________________

1 47 C.F.R.  17.4(a).  
2 See Notice of Apparent Liability for Forfeiture, NAL/Acct.  No. 
200332680004 (Enf. Bur., San Juan Office, April 14, 2003).  
3 47 U.S.C.  503(b).
4 47 C.F.R.  1.80.
5 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).  
6 47 U.S.C.  503(b)(2)(D).
7 47 C.F.R.  17.7.
8 Commission records indicate that Clamor's antenna structure was 
registered on May 19, 2003.
9 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).
10 As provided by 47  U.S.C.  312(f)(2), a continuous  violation 
is ``repeated''  if it  continues for  more than  one day.    The 
Conference Report for Section  312(f)(2) indicates that  Congress 
intended to apply this  definition to Section 503  of the Act  as 
well as  Section 312.   See  H.R. Rep.  97th  Cong. 2d  Sess.  51 
(1982).  See Southern California Broadcasting Company, 6 FCC  Rcd 
4387, 4388 (1991)  and Western Wireless  Corporation, 18 FCC  Rcd 
10319 at fn 56 (2003).
11 Information  received  from  the  FAA  indicates  that  Clamor 
requested the aeronautical study on  February 24, 1999.  We  also 
note that the FAA issued its  Determination of No Hazard on  July 
8, 1999, approximately  four and one  half months after  Clamor's 
request.
12 47 C.F.R.  0.111, 0.311, 1.80(f)(4).
13 47 U.S.C.  504(a).
14 See 47 C.F.R.  1.1914.