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

In the Matter of                   )
Reef Broadcasting, Inc.            )   File Number EB-02-SJ-085
Licensee of Radio Stations WRRA,   )  NAL/Acct. No.200232680006
WAXJ, and WDHP                     )
                                  )           FRN 0004-3596-18
Christiansted, U.S. Virgin         )


                                             Released:  May   18, 

By the Enforcement Bureau, San Juan Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that Reef Broadcasting,  Inc. (``Reef''), licensee of  radio 
stations WRRA, WAXJ and  WDHP, willfully and repeatedly  violated 
Section 11.61(a)(1)(i) of the Commission's Rules,1 by failing  to 
conduct the required monthly tests of the Emergency Alert  System 
(``EAS'').   We  conclude   that  Reef   Broadcasting,  Inc.   is 
apparently liable for a forfeiture in the amount of two  thousand 
dollars ($2,000).

                         II.  BACKGROUND

     2.   On April 26, 2002, in response to a complaint, an agent 
of the Commission's San Juan Resident Agent Office inspected  the 
collocated studios  of WRRA,  WAXJ and  WDHP in  St. Croix,  U.S. 
Virgin Islands.   The agent  requested the  operator on  duty  to 
conduct an EAS  test.  The operator  was incapable of  conducting 
the test, and could not produce the station's EAS handbook.   The 
station operations manager, Beverly Myers, stated that she was in 
charge of programming but was unaware of the need to schedule EAS 
tests.  The agent reviewed the station logs dating from January 1 
to April 25, 2002, which contained no record of any EAS events or 
equipment malfunctions.2
     3.   On May 6, 2002, the agent interviewed via telephone Mr. 
Hugh Pemberton, identified as WRRA general manager and owner, who 
stated there were technical  problems with Reef's EAS  equipment.  
Mr. Pemberton also stated that he had no idea when the  equipment 

                        III.  DISCUSSION

     4.   Section  11.61(a)(1)(i)   requires  that   AM  and   FM 
broadcast stations conduct  monthly EAS tests  that conform  with 
procedures in the EAS Operating Handbook.  On April 26, 2002, the 
station operator on duty was incapable of conducting an EAS test, 
the station's EAS handbook could  not be produced, the  station's 
operations manager was unaware of any requirement to conduct  EAS 
tests, and the  station's logs  contained no entries  of any  EAS 
events.  Additionally, the  station's owner  and general  manager 
admitted that the EAS equipment had ``problems'' and that he  did 
not know when  these problems  began.  Based on  these facts,  we 
must conclude that stations WRRA, WAXJ and WDHP conducted no  EAS 
monthly tests from at least January 1 to April 25, 2002.

     5.   Based  on  the  evidence   before  us,  we  find   Reef 
willfully3 and repeatedly4 violated Section 11.61(a)(1)(i) of the 
Rules by  failing  to  conduct the  required  monthly  EAS  tests 
between January 1 and April 26, 2002.

     6.   Pursuant to Section 1.80(b)(4) of the Rules,5 the  base 
forfeiture amount  for failure  to conduct  EAS tests  is  $2,000 
(failure  to  make  required  measurements  or  conduct  required 
monitoring). 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  Communications  Act  of  1934,  as  amended 
(``Act''), which include 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  Considering 
the entire record  and applying  the factors  listed above,  this 
case warrants a $2,000 forfeiture.

                      IV.  ORDERING CLAUSES

     7.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,7 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,8 Reef Broadcast, Inc. is  hereby NOTIFIED of its  APPARENT 
LIABILITY FOR A FORFEITURE in the amount of two thousand  dollars 
($2,000)  for   willful  and   repeated  violation   of   Section 
11.61(a)(1)(i) of the  Rules by failing  to conduct the  required 
monthly EAS tests.

     8.   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,  May  18,  2002,  Reef 
Broadcast, Inc.  SHALL  PAY  the  full  amount  of  the  proposed 
forfeiture or SHALL FILE a written statement seeking reduction or 
cancellation of the proposed forfeiture.

     9.   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 should note the 
NAL/Acct. No. and FRN referenced above.  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. 20554.9

     10.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications Commission,  Office  of the  Secretary,  445  12th 
Street  SW,  Washington  DC  20554,  Attn:  Enforcement   Bureau-
Technical & Public Safety Division and MUST INCLUDE THE NAL/Acct. 
No. and FRN referenced above.  

     11.  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 

     12.   IT IS FURTHER  ORDERED THAT a copy  of this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested  to  Reef   Broadcast,  Inc.,   79-A  Castle   Coakley, 
Christiansted, US Virgin Islands 00820.   


                         Reuben Jusino
                         Resident  Agent  -   San  Juan   Office, 
Enforcement Bureau

1 47 C.F.R  11.61(a)(1)(i)

2 EAS equipment malfunctions, EAS activations and tests, as well 
as the failure to receive activations and tests must be recorded 
in the station's logs.  See 47 C.F.R.  11.35(a), 11.35(b), 
11.54.(b)(14), 11.55(c)(7), and 11.61(b).

3 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).

4 The 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.''  47 U.S.C.  

5 47 C.F.R.  1.80(b)(4)

6 47 U.S.C.  503(b)(2)(D).

7 47 U.S.C.  503(b).

8 47 C.F.R.  0.111, 0.311, 1.80.

9 See 47 C.F.R.  1.1914.