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

In the Matter of                  )
                                 )
Ramh Corporation                  )    File Number:  EB-00-DV-495
                                 )    NAL/Acct. No. 200232800014
Licensee of Station KDEF(AM)      )    FRN  0006-1600-48
Albuquerque, New Mexico           )
Facility ID #227                  )


              NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  June 28, 2002

By the District Director, Denver Office, Enforcement Bureau:


                         I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture ("NAL"), 
we find that Ramh Corporation ("Ramh"), licensee of station KDEF in 
Albuquerque, New Mexico, apparently willfully violated Sections 
73.1125, 73.1350 and 73.1400 of the Commission's Rules ("Rules") by 
failing to maintain a main studio presence, and failing to establish 
monitoring procedures to ensure compliance with authorized operating 
power, mode of operation and AM directional system parameters.1  We 
further find that Ramh apparently willfully and repeatedly violated 
Section 73.1560 of the Rules,2 by exceeding nighttime power levels and 
operating with an improper mode of operation.  We conclude, pursuant 
to Section 503(b) of the Communications Act of 1934, as amended 
("Act"),3 that Ramh is apparently liable for a forfeiture in the 
amount of twenty-one thousand dollars ($21,000).


                         II.  BACKGROUND

     2.   On December 5, 2000, the Federal Communications Commission's 
("FCC") Denver Office received an anonymous complaint that KDEF was 
not switching power levels at night.  Station KDEF is authorized to 
operate on frequency 1150 kHz with a nominal daytime power of 5,000 
watts using a non-directional antenna and with a nominal nighttime 
power of 500 watts using a directional antenna.4  According to the 
terms of the license, the average hours of sunset and sunrise for June 
2001, during which KDEF was required to operate pursuant to its 
nighttime authority, were 8:15 p.m. until 5:45 a.m. for advanced 
Mountain Daylight Time ("MDT") time.

     3.   An Agent from the Denver Office monitored the on-air signal 
of KDEF from approximately 6:15 p.m. MDT on June 7, 2001 to 2:00 p.m., 
MDT, on June 8, 2001.  The Agent took numerous field strength 
measurements at specified locations and observed no change in power 
level or mode of operation during this period.  The Agent determined 
that KDEF appeared to operate continuously with approximately 1,000 
watts and a non-directional antenna.

     4.   At approximately 9:15 a.m., MDT, on Friday, June 8, 2001, 
the Agent attempted to conduct a broadcast station inspection at the 
KDEF main studio at 2900 Louisiana, NE., Suite 250 in Albuquerque, New 
Mexico.  The Agent found the main studio front door open, but no 
managerial or staff personnel present.  A note posted on the front 
entry door of KDEF directed deliveries to a mortgage company office in 
the same building in the event the studio was closed.  The Agent 
contacted the owner of KDEF through the station's consulting engineer.  
The owner was in Las Cruces, New Mexico at the time, approximately 224 
miles from Albuquerque.  The owner returned to Albuquerque in the 
afternoon on June 8, 2001, to enable the station inspection to be 
completed.  The owner stated that the studio was often unattended.

     5.   In addition to inspecting the main studio on June 8, 2001, 
the Agent inspected the KDEF transmitter site at 10424 Edith 
Boulevard, NE., Albuquerque, New Mexico.  The inspection revealed KDEF 
was operating with a 1,000 watt auxiliary transmitter because the 
5,000 watt main transmitter was off-the-air for repair.  KDEF's 
contract engineer stated that the station had operated at a power 
level of approximately 1,000 watts for daytime and nighttime 
operations for over one year.  KDEF's contract engineer was unsure how 
long KDEF had been operating with the non-directional pattern at 
nighttime.  No records were available at the time of the inspection to 
show when the directional system was last checked for compliance with 
KDEF's station authorization.  The Sine Systems remote control system 
was not properly programmed to advise station personnel of any out-of-
tolerance condition related to power changes, mode of operation 
changes or antenna pattern parameters.  The station had no established 
monitoring procedures or schedules to determine compliance with 
operating power, mode of operation, or antenna pattern parameters.


                         III.      DISCUSSION

     6.   Section 503(b) of the Act provides that any person who 
willfully and repeatedly fails to comply substantially with the terms 
and conditions of any license, or willfully and repeatedly fails to 
comply with any of the provisions of the Act or of any rule, 
regulation or order issued by the Commission thereunder, shall be 
liable for a forfeiture penalty.  The term "willful" as used in 
Section 503(b) has been interpreted to mean simply that the acts or 
omissions are committed knowingly and the term "repeated" means the 
commission or omission of such act more than once or for more than one 
day.5

     7. Section 73.1125(a) of the Rules states that each AM, FM, or TV 
broadcast station shall maintain a main 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 AM, FM, or TV 
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 as described in 73.208(a)(1).  In 
addition, the station's main studio must serve the needs and interests 
of the residents of the station's community of license.  To fulfill 
this function, a station must, among other things, maintain a 
meaningful managerial and staff presence at its main studio.6  The 
Commission has defined a minimally acceptable "meaningful presence" as 
full-time managerial and full-time staff personnel.  In addition, 
there must be "management and staff presence" on a full-time basis 
during normal business hours to be considered "meaningful."  Although 
management personnel need not be "chained to their desks" during 
normal business hours, they must "report to work at the main studio on 
a daily basis, spend a substantial amount of time there and ... use 
the studio as a 'home base.'"7  On June 8, 2001, the KDEF main studio 
was not staffed during normal business hours and the station owner 
advised the Denver Office Agent the station is often unattended. 

     8.   A broadcast station licensee is responsible for maintaining 
and operating the station in compliance with the technical rules and 
in accordance with the terms of the station license.  Licensees must 
maintain and control operating parameters such as output power, level 
of modulation and directional pattern. In particular, Section 
73.1350(c)(1) of the Rules states that "[m]onitoring procedures and 
schedules must enable the licensee to determine compliance with 
73.1560 regarding operating power, and AM mode of operation . . . and 
73.69 regarding the parameters of an AM directional system."  Section 
73.1400 allows stations to employ various methods or levels of 
transmission system monitoring and supervision that will preclude out-
of-tolerance operation to ensure compliance with Section 73.1350, but 
holds the licensee responsible for ``assuring that all times the 
station operates within tolerance specified by applicable technical 
rules contained in this part and in accordance with the terms of the 
station authorization. . . . ."  Section 73.1560(a) of the Rules 
states that "[t]he antenna input power of an AM station as determined 
by the procedures specified in 73.51 must be maintained as near as is 
practicable to the authorized antenna input power and may not be less 
than 90% nor more than 105% of the authorized power . . . whenever the 
transmitter of an AM station cannot be placed into the specified 
operating mode at the time required, transmissions must be immediately 
terminated . . . ." 

     9.   On June 7 and June 8, 2001, KDEF exceeded authorized 
nighttime power and failed to change to the proper mode of operation.  
KDEF's remote control system failed to change to the authorized 
nighttime power level of 500 watts at the specified monthly sunset 
time of 8:15 p.m. MDT and on June 8, 2001, failed to change to the 
authorized daytime power level of 5,000 watts at the specified monthly 
sunrise time of 5:45 a.m., MDT.  KDEF exceeded nighttime power limits 
by over 200% and operated a non-directional antenna during nighttime 
when a directional antenna was required. In addition, KDEF's 
directional antenna parameters were out-of-tolerance.  The remote 
control system failed to properly detect out-of-tolerance conditions 
on daytime and nighttime power levels, proper modes of operation and 
directional antenna parameters.  KDEF had no established monitoring 
schedules or procedures to determine compliance with operating power, 
mode of operation, and the parameters of the AM directional system, 
was unable to identify when the last complete transmitting system 
inspection had been conducted and no chief operator review of station 
logs was observed for the period May 6 through June 8, 2001.


     10.   Based on the evidence before us, we find that Ramh 
willfully violated Sections 73.1125, 73.1350 and 73.1400 of the Rules 
by failing to maintain a main studio presence and failing to establish 
monitoring procedures to ensure compliance with authorized operating 
power, mode of operation and AM directional system parameters.  In 
addition, we find that Ramh willfully and repeatedly violated Section 
73.1560 of the Rules by exceeding nighttime power levels and operating 
with an improper mode of operation. 

     11.  The base forfeiture amount set by The Commission's 
Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules 
to Incorporate the Forfeiture Guidelines, ("Forfeiture Policy 
Statement"),8 for failure to maintain directional pattern within 
prescribed parameters is $7,000, for violation of the main studio 
rules is $7,000, for exceeding power limits is $4,000, and for 
violation of transmitter control and metering requirements is $3,000.  
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 
Act, which include the nature, circumstances, extent, and gravity of 
the violation(s), and with respect to the violator, the degree of 
culpability, and history of prior offenses, ability to pay, and other 
such matters as justice may require.  Applying the Forfeiture Policy 
Statement and the statutory factors to the instant case, a $21,000 
forfeiture is warranted.  

                                 
                         IV.  ORDERING CLAUSES

     12.  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 of the Commission's Rules, Ramh Corporation is hereby 
NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of 
twenty-one thousand dollars ($21,000) for violations of Sections 
73.1125, 73.1350, 73.1400, and 73.1560 of the Rules.9 

     13.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the 
Commission's Rules within thirty days of the release date of this 
NOTICE OF APPARENT LIABILITY, Ramh Corporation SHALL PAY the full 
amount of the proposed forfeiture or SHALL FILE a written statement 
seeking reduction or cancellation of the proposed forfeiture.

     14.  Payment of the forfeiture may be made by mailing a check or 
similar instrument, payable to the order of the Federal Communications 
Commission, to the Forfeiture Collection Section, Finance Branch, 
Federal Communications Commission, P.O. Box 73482, Chicago, Illinois 
60673-7482.  The payment MUST INCLUDE the FCC Registration number 
(FRN) referenced above and also must note the NAL/Acct. No. referenced 
in the caption.

     15.  The response, if any, must be mailed to Federal 
Communications Commission, Enforcement Bureau, Technical and Public 
Safety Division, 445 12th Street, S.W., Washington, D.C. 20554, and 
must include the NAL/Acct. No. referenced in the caption.




     16.  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.  

     17.  Requests for payment of the full amount of this Notice of 
Apparent Liability under an installment plan should be sent to:  
Chief, Revenue and Receivables Operations Group, 445 12th Street, 
S.W., Washington, D.C. 20554.10

     18.  IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT 
LIABILITY shall be sent by Certified Mail # 7001 0320 0002 9702 4573, 
Return Receipt Requested and First Class Mail to Ramh Corporation, 
2900 Louisiana, NE., Suite 250, Albuquerque, NM  87110.

                              FEDERAL COMMUNICATIONS COMMISSION

                              

                              Leo E. Cirbo
                              District Director, Denver Office



_________________________

1     47 C.F.R.  73.1125, 73.1350 and 73.1400.

    2  47 C.F.R.  73.1560.
    3
      47 U.S.C.  503(b).
    4
      Ramh Corporation, Station KDEF License File Number BZ820917AM, 
granted January 26, 1983.
    5  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 (1991).  
Section 312(f)(2), which also applies to Section 503(b), provides: 
"[t]he 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."
    6  See Main Studio and Program Origination Rules, 2 FCC Rcd 3215, 
3217-18 (1987), clarified, 3 FCC Rcd 5024, 5026 (1988).

    7  Jones Eastern of the Outer Banks, Inc., 6 FCC Rcd 3615, 3616 
n.6 (1991), clarified, 7 FCC Rcd 6800, n.4 and 6802 (1992).

    8  12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).
    9
      47 U.S.C.  503(b); 47 C.F.R.  0.111, 0.311, 1.80, 73.1125, 
73.1350, 73.1400 and 73.1560.
    10  See 47 C.F.R.  1.1914.