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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
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
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
Rules.9
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
submitted.
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
FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT LIABILITY
shall be sent by Certified Mail Return Receipt Requested to WRHC
Broadcasting Corp. at 330 S.W. 27th Avenue #207, Miami Florida
33135.
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.