Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


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

In the Matter of                 )
WRHC Broadcasting Corp.          )       File Number EB-02-TP-235
WRHC(AM), 1550 kHz               )       NAL/Acct.No.200232700007
Miami, Florida                   )           FRN No. 0005-0123-56


                                           Released:  May 7, 2002

By the Enforcement Bureau, Tampa Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that WRHC Broadcasting Corp. (``WRHC''), licensee of WRHC in 
Miami, Florida,  apparently  violated Section  11.35(a)   of  the 
Federal  Communications  Commission's   (``FCC'')  Rules``''   by 
failing to  have Emergency  Alert System  (``EAS'') equipment  in 
operation.1  We conclude  that WRHC  is apparently  liable for  a 
forfeiture in the amount of four thousand dollars ($4,000).

                         II.  BACKGROUND

     2.   On March  28, 2002,  agents  from the  FCC  Enforcement 
Bureau's Miami and Tampa Offices inspected radio station WRHC  in 
Miami, Florida and found that the EAS equipment, while  installed 
in an  equipment rack  at  the studio,  was not  operational.   A 
review of the station logs showed no evidence that WWFE had  ever 
conducted any type of EAS tests, nor did the logs have any  entry 
regarding the operation or repair of the EAS equipment.

                        III.  DISCUSSION

     3.   Section 11.35(a) of  the Rules  requires all  broadcast 
stations to ensure that  EAS equipment is  installed so that  the 
monitoring and transmitting  functions are  available during  the 
times the station is in  operation.2  At the time of  inspection, 
the EAS equipment was not  operational.  The station logs  showed 
no evidence that the equipment had been taken out of service  for 
repair nor that tests had ever been made.

     4.   Based on the evidence before us, we find that on  March 
28, 2002,  WRHC  willfully3  violated Section  11.35(a)   of  the 
Rules4 by failing to provide operational EAS equipment.

     5.   Pursuant to  Section  1.80(b)(4)  of  the  Commission's 
Rules, the base forfeiture amount for the violation cited in this 
notice is $8,000.5  Section 503(b)(2)(D)  of the Act requires  us 
to 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  Regarding 
the EAS violation,  because WRHC  shared EAS  equipment with  co-
located station  WWFE, a  downward adjustment  of the  forfeiture 
amount to $4,000 for the EAS violation is warranted.  Considering 
the entire  record  and  applying the  statutory  factors  listed 
above, this case warrants a $4,000 forfeiture.

                      IV.  ORDERING CLAUSES

     6.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of  the  Communications  Act of  1934,  as  amended,7  and 
Sections 0.111, 0.311 and 1.80  of the Commission's Rules,8  WRHC 
Broadcasting Corp. is hereby  NOTIFIED of its APPARENT  LIABILITY 
FOR A FORFEITURE in the amount of four thousand dollars  ($4,000) 
for willful  violation of  Section 11.35(a)  of the  Commission's 

     7.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules,10 within thirty days of the release  date 
of this  NOTICE OF  APPARENT LIABILITY,  WRHC Broadcasting  Corp. 
SHALL PAY the  full amount  of the proposed  forfeiture or  SHALL 
FILE a written statement seeking reduction or cancellation of the 
proposed forfeiture.

     8.   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 FRN and NAL/Acct. No. referenced in the letterhead above.

     9.   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 in the letterhead above.

     10.  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 

     11.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to:  Federal  Communications   Commission,  Chief,  Revenue   and 
Receivables Operations Group, 445 12th Street, S.W.,  Washington, 
D.C. 20554.11 

     12.                                                  IT   IS 
shall be sent by Certified Mail Return Receipt Requested to  WRHC 
Broadcasting Corp. at  330 S.W. 27th  Avenue #207, Miami  Florida 

                               FEDERAL COMMUNICATIONS COMMISSION


                               Ralph M. Barlow
                               District Director, Tampa Office
                               Enforcement Bureau

1 47 C.F.R.  11.35(a)
2 Id.
3 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies equally to 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 47 C.F.R.  11.35(a)
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 47 C.F.R.  11.35(a)
10 47 C.F.R.  1.80.
11 See 47 C.F.R.  1.1914.