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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of                   )                                
     Brahmin Broadcasting Corporation   )     File Number: EB-07-DV-132  
     Licensee of Station KRAE-AM        )   NAL/Acct. No.: 200732800006  
     Cheyenne, WY                       )               FRN: 0010593085  
     Facility ID # 35510                )                                

                                FORFEITURE ORDER

   Adopted: February 27, 2008 Released: March 3, 2008

   By the Regional Director, Western Region, Enforcement Bureau:


    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of four thousand, two hundred dollars ($4,200) to Brahmin
       Broadcasting Corporation ("Brahmin"), licensee of station KRAE, in
       Cheyenne, Wyoming, for repeated violation of Section 73.49 of the
       Commission's Rules ("Rules"). On July 31, 2007, the Enforcement
       Bureau's Denver Office issued a Notice of Apparent Liability for
       Forfeiture ("NAL") in the amount of $7,000 to Brahmin for failing to
       enclose the KRAE antenna tower within an effective locked fence or
       other enclosure. Brahmin filed a response ("Response") on August 20,
       2007. In this Order, we consider Brahmin's arguments that the
       forfeiture amount should be reduced based on Brahmin's good faith
       efforts to repair the fences surrounding the KRAE antenna tower, and
       based on Brahmin's history of compliance with the Commission's Rules.


    2. On March 6, 2007, agents from the Enforcement Bureau's Denver District
       Office conducted an inspection of a structure located at approximately
       41DEG 07' 26" north latitude and 104DEG 49' 12" west longitude in
       Cheyenne, Wyoming. Close observation revealed that a single wooden
       panel section of the base fence, approximately six feet in width, was
       laying on the ground, and allowing access to the structure, a
       series-fed antenna with an insulated base. The agents observed that
       the structure resided in an open field located within a residential
       area. A search of the Commission's database on-scene confirmed that
       the structure was broadcasting the signal of KRAE, an AM station
       licensed to Brahmin, in Cheyenne, Wyoming.

    3. Later on March 6, 2007, the agents arrived at the KRAE studio and
       issued a verbal warning regarding the base fence violation to the two
       Brahmin employees present for the inspection. The agents interviewed
       Brahmin's business manager and the chief engineer for KRAE. During the
       interview, the engineer acknowledged that he had received a call on
       February 20, 2007, regarding an issue with KRAE's base fence. The
       engineer assumed that the caller, a former owner of the station, was
       merely referring to a single vertical slat of the fence, which the
       engineer recounts that he had repaired the week prior to the call,
       when informing Brahmin of a "hole in the fence." The engineer admitted
       on March 6, 2007, that he had yet to revisit the KRAE transmitter site
       in order to assess the damage to the fence as of the date of the
       agents' interview. The KRAE staff indicated to the agents that they
       would immediately repair the fence. Brahmin confirms in the Response
       to the NAL that the fence was repaired on March 6, 2007, and was
       completely replaced in May of 2007.

    4. On July 31, 2007, the Denver Office issued a NAL in the amount of
       $7,000 to Brahmin, finding that Brahmin apparently repeatedly violated
       Section 73.49 of the Rules by failing to enclose the KRAE antenna
       tower within an effective locked fence or other enclosure. In its
       Response, Brahmin requests a reduction of the proposed forfeiture
       based on its good faith efforts to repair the fences surrounding the
       KRAE antenna tower, and its history of compliance with the
       Commission's Rules.


    5. The proposed forfeiture amount in this case was assessed in accordance
       with Section 503(b) of the Act, Section 1.80 of the Rules, and The
       Commission's Forfeiture Policy Statement and Amendment of Section 1.80
       of the Rules to Incorporate the Forfeiture Guidelines ("Forfeiture
       Policy Statement"). In examining Brahmin'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

    6. Section 73.49 of the Rules states that antenna towers having radio
       frequency potential at the base (series fed, folded unipole, and
       insulated base antennas) must be enclosed within effective locked
       fences or other enclosures. Individual tower fences need not be
       installed if the towers are contained within a protective property
       fence. In adopting the Report and Order promulgating the most recent
       amendment of Section 73.49, the Commission stated that "a fencing
       requirement is necessary to protect the general public." KRAE
       broadcasts from a series-fed tower with an insulated base which,
       pursuant to Section 73.49, must be enclosed with an effective locked
       fence or other enclosure. At the time of the March 6, 2007,
       inspection, a six foot wide panel of the fence was found on the
       ground, rendering the remaining fence ineffective. The structure is
       sited in a residential portion of the city, however; there was no
       perimeter fencing to further dissuade the public from approaching the
       structure. Because there was no perimeter fence, the base fence around
       the individual AM tower must be effective. With an entire panel
       missing from the fence, the agents were able to easily access the KRAE
       tower at the time of the inspection.

    7. In its Response, Brahmin does not dispute that, at the time of the
       March 6, 2007, inspection, a six foot wide panel of the KRAE tower
       fence was found on the ground, rendering the remaining fence
       ineffective. Instead Brahmin states that its engineer repaired the
       fence on February 14, 2007, and believed that the repair took care of
       the concerns in the message the station received on February 20, 2007.
       Brahmin states that when it was alerted to another problem with fence
       on March 6, 2007, by the Denver agents, its engineer immediately fixed
       the fence that day. Reductions based on good faith efforts to comply
       generally involve situations where violators demonstrated that they
       initiated measures to correct or remedy violations, or that they had
       established compliance programs in place, prior to the Commission's
       involvement. While Brahmin's effort to repair the fence after the
       March 6, 2007, inspection by the Denver agents does not support a good
       faith reduction, we find that Brahmin's effort to repair the fence
       prior to the inspection does support a good faith reduction.
       Consequently, we reduce the forfeiture from $7,000 to $5,600.

    8. Brahmin also requests that a reduction be given for its history of
       compliance with the Commission's Rules. We have reviewed our records
       and we concur. Consequently, we reduce Brahmin's forfeiture amount
       from $5,600 to $4,200. Based on the information before us, having
       examined it according to the statutory factors above, and in
       conjunction with the Forfeiture Policy Statement, we find that
       reduction of the proposed forfeiture to $4,200 is warranted.


    9. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), and Sections 0.111,
       0.311 and 1.80(f)(4) of the Commission's Rules, Brahmin Broadcasting
       Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of
       $4,200 for repeatedly violating Section 73.49 of the Rules.

   10. 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. Payment of the forfeiture must be made
       by check or similar instrument, payable to the order of the Federal
       Communications Commission. The payment must include the NAL/Account
       Number and FRN Number referenced above. Payment by check or money
       order may be mailed to Federal Communications Commission, P.O. Box
       979088, St. Louis, MO 63197-9000. Payment by overnight mail may be
       sent to U.S. Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005
       Convention Plaza, St. Louis, MO 63101. Payment by wire transfer may be
       made to ABA Number 021030004, receiving bank TREAS/NYC, and account
       number 27000001. For payment by credit card, an FCC Form 159
       (Remittance Advice) must be submitted.  When completing the FCC Form
       159, enter the NAL/Account number in block number 23A (call sign/other
       ID), and enter the letters "FORF" in block number 24A (payment type
       code). Requests for full payment under an installment plan should be
       sent to:  Chief Financial Officer -- Financial Operations, 445 12th
       Street, S.W., Room 1-A625, Washington, D.C.  20554.   Please contact
       the Financial Operations Group Help Desk at 1-877-480-3201 or Email: with any questions regarding payment procedures.

   11. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class Mail and Certified Mail Return Receipt Requested to Brahmin
       Broadcasting Corporation, at its address of record, and its counsel of
       record, Barry A. Friedman, Esquire.


   Rebecca L. Dorch

   Regional Director, Western Region

   Enforcement Bureau

   47 C.F.R. S: 73.49.

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732800004
   (Enf. Bur., Western Region, Denver Office, released July 31, 2007).

   NAL at 1; Response Affidavit at 1.

   47 C.F.R. S: 73.49.

   47 U.S.C. S: 503(b).

   47 C.F.R. S: 1.80.

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

   47 U.S.C. S: 503(b)(2)(E).

   47 C.F.R. S: 73.49.

   47 C.F.R. S: 73.49.

   Review of the Technical an Operational Regulations of Part 73, Subpart A,
   AM Broadcast Stations, 59 Rad. Reg. 2d (Pike & Fischer) 927, P:6 (1986)
   ("Report and Order").

   See Butterfield Broadcasting Corporation, 20 FCC Rcd 20237 (EB 2005).

   See Radio One Licenses, Inc.,17 FCC Rcd 20408 (EB 2002), recon. denied, 18
   FCC Rcd 15964 (2003).

   See Tidewater Communications, Inc., 18 FCC Rcd 5524, 5525 (EB 2003).

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4), 73.49.

   47 U.S.C. S: 504(a).

   Federal Communications Commission DA 08-473



   Federal Communications Commission DA 08-473