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


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


                      FORFEITURE ORDER

Adopted:             October             17,            2005                                                                            
Released:  October 19, 2005

By the Regional Director,  South Central Region, Enforcement 
Bureau:

I.   INTRODUCTION

     1.   In this Forfeiture Order (``Order''), we issue a 
monetary forfeiture in the amount of seven thousand dollars 
($7,000) to Clamor Broadcasting Network Inc. (``Clamor''), 
licensee of non-commercial educational station WJVP-FM, 
Culebra, Puerto Rico, for willful and repeated violation of 
Section 73.1125 of the Commission's Rules (``Rules'').1  The 
noted violation involves Clamor's failure to maintain the 
station's main studio within the community of license, 
within the principal community contour of any broadcast 
station licensed to the station's community of license, or 
within twenty-five miles from the reference coordinates of 
the center of its community of license.  We also cancel the 
proposed forfeiture issued to Clamor for failing to maintain 
operational Emergency Alert System (``EAS'') equipment in 
violation of Section 11.35 of the Rules.

II.   BACKGROUND 

     2.   In March of 2000, an agent from the Commission's 
San Juan, Puerto Rico Resident Agent Office of the 
Enforcement Bureau (``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 2004.  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. The last test listed in 
this log 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.  The studio was approximately 16 miles 
outside the station's principal community contour, and there 
were no other broadcast stations licensed to Culebra.  
Finally, the studio was also more than 25 miles 
(approximately 65 miles) from the reference coordinates of 
the center of its community of license.

     4.   On November 16, 2004, the San Juan Office issued a 
Notice of Apparent Liability for Forfeiture to Clamor in the 
amount of fifteen thousand dollars ($15,000) for the 
apparent willful and repeated violation of Sections 11.35 
and 73.1125 of the Rules.2  Clamor filed a response to the 
NAL requesting reconsideration of the proposed forfeiture on 
December 22, 2004.3  Clamor's response included additional 
information and statements regarding the August inspection.         

III.        DISCUSSION

     5.   The proposed forfeiture amount in this case was 
assessed in accordance with Section 503(b) of the Act,4 
Section 1.80 of the Rules,5 and The Commission's Forfeiture 
Policy Statement and Amendment of Section 1.80 of the Rules 
to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 
(1997), recon. denied, 15 FCC Rcd 303 (1999) (``Forfeiture 
Policy Statement'').  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

     6.   Section 11.35 of the Rules 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.7  
In its response to the NAL, Clamor claims that station WJVP-
FM had operational EAS equipment installed at its auxiliary 
studio in Fajardo, Puerto Rico.  Clamor also states that its 
Station Engineer, who was aware of this fact, was out sick 
on August 11, 2004.  On January 20, 2005, an agent was able 
to confirm that station WJVP-FM had operational EAS 
equipment installed at its auxiliary studio and observe the 
station's EAS logs dating back to August 11, 2003.  
Accordingly, based on Clamor's subsequent statements and our 
confirmation of this new information, we have determined 
there was no violation of the EAS Rules, and we cancel the 
proposed forfeiture.8

     7.   Section 73.1125 of the Rules requires broadcast 
stations to maintain a studio at one of the following 
locations:  (1) within the station's community of license; 
(2) at any location within the principal community contour 
of any broadcast station licensed to the station's community 
of license; or (3) within twenty-five miles from the 
reference coordinates of the center of its community of 
license.9  In its response to the NAL, Clamor states that it 
received a waiver of Section 73.1125 on November 2, 2000 to 
operate as a satellite of its commonly owned non-commercial 
educational station WKVN-FM, Levittown, Puerto Rico.  
According to the Commission's database, however, Clamor 
applied for an assignment of its license for station WKVN-FM 
on August 28, 2003 and that assignment was consummated on 
April 7, 2004.  In its response to the NAL and on January 
20, 2005, Clamor admitted that it sold station WKVN-FM 
before July 2004.  When Clamor sold station WKVN-FM, station 
WJVP-FM no longer operated under the November 2, 2000 waiver 
and was required to comply with Section 73.1125 of the 
Rules.  While Clamor is building a new main studio within 
its service contour, station WJVP-FM's only working studio 
is currently located on Granada Street, Urb. Alahambra, 
Bayamon, Puerto Rico.  The Bayamon studio is not located 
within any of the three locations specified in Section 
73.1125 of the Rules.  Thus, based on the evidence, we find 
that Clamor willfully10 and repeatedly11 violated Section 
73.1125 of the Rules by failing to maintain the station's 
main studio within the community of license, within the 
principal community contour of any broadcast station 
licensed to the station's community of license, or within 
twenty-five miles from the reference coordinates of the 
center of its community of license.

     8.   Clamor also asserts that is unable to pay the 
$7,000 proposed forfeiture for the main studio violation.12  
The Commission has determined that, in general, an entity's 
gross revenues are the best indicator of its ability to pay 
a forfeiture.13  After reviewing Clamor's claim and 
supporting documentation, we find that a reduction of the 
forfeiture based on inability to pay is not warranted.   

     9.   We have examined Clamor's response to the NAL 
pursuant to the statutory factors above, and in conjunction 
with the Forfeiture Policy Statement.  As a result of our 
review, we cancel the proposed forfeiture associated with 
the violation of Section 11.35 of the Rules, but conclude 
that Clamor willfully and repeatedly violated Section 
73.1125 of the Rules.  We find no basis for cancellation or 
reduction of the $7,000 forfeiture proposed for this 
violation.

IV.   ORDERING CLAUSES

     10.  Accordingly, IT IS ORDERED that, pursuant to 
Section 503(b) of the Communications Act of 1934, as 
amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the 
Commission's Rules,14 the forfeiture in the amount of eight 
thousand dollars ($8,000) for violation of Section 11.35 of 
the Rules proposed in the November 16, 2004 Notice of 
Apparent Liability issued to Clamor Broadcasting Network 
Inc. IS CANCELED. 

     11.  IT IS FURTHER ORDERED that, pursuant to Section 
503(b) of the Communications Act of 1934, as amended, and 
Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's 
Rules, Clamor Broadcasting Network Inc. IS LIABLE FOR A 
MONETARY FORFEITURE in the amount of seven thousand dollars 
($7,000) for willfully and repeatedly violating Section 
73.1125 of the Rules. 

     12.  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.15  Payment by check or money 
order may be mailed to Forfeiture Collection Section, 
Finance Branch, Federal Communications Commission, P.O. Box 
73482, Chicago, Illinois 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 full payment under an installment plan should be sent 
to: Associate Managing Director, Financial Operations, 445 
12th Street, S.W., Room 1A625, Washington, D.C. 20554.16 

     13.  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. at its 
record of address.  



                              FEDERAL COMMUNICATIONS 
                              COMMISSION



                              Dennis P. Carlton
                              Regional Director, South 
                         Central Region
                              Enforcement Bureau
               
_________________________

147 C.F.R.  73.1125.  

2Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200532680001  (Enf. Bur.,  San  Juan  Office, November  16, 
2004) (``NAL'').

3Clamor states it misplaced the  NAL and did not review the 
NAL until  December 20,  2004.  Clamor's request  to accept 
its late-filed response was accepted by the Bureau. 

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

547 C.F.R.  1.80.

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

747 C.F.R.  11.35(a). 

8The  base   forfeiture  for  failure  to   have  installed 
operational EAS equipment is $8,000.  See 47 C.F.R.  1.80. 

947 C.F.R.  73.1125. 

10Section  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,'  ...   means  the  conscious  and 
deliberate commission or omission of such act, irrespective 
of any intent  to violate any provision of this  Act or any 
rule or regulation of the Commission authorized by this Act 
....''  See Southern California Broadcasting Co., 6 FCC Rcd 
4387 (1991).   

11As  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).

12Clamor's request  to accept  its late-filed  response was 
accepted by the  Bureau.  Its response to  the NAL asserted 
it  could  not pay  the  proposed  $15,000 forfeiture.   On 
January 20, 2005, Clamor also asserted it could not pay the 
$7,000 proposed forfeiture for the main studio violation. 

13See PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 
2089  (1992)  (forfeiture  not deemed  excessive  where  it 
represented  approximately 2.02  percent of  the violator's 
gross  revenues); Local  Long  Distance, Inc.,  16 FCC  Rcd 
24385  (2000) (forfeiture  not  deemed  excessive where  it 
represented  approximately 7.9  percent  of the  violator's 
gross revenues);  Hoosier Broadcasting Corporation,  15 FCC 
Rcd 8640  (2002) (forfeiture not deemed  excessive where it 
represented  approximately 7.6  percent  of the  violator's 
gross revenues).

1447  U.S.C.     503(b);   47  C.F.R.     0.111,  0.311, 
1.80(f)(4).

1547 U.S.C.  504(a).

16See 47 C.F.R.  1.1914.