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

In the Matter of                )
Rebus, Inc.                     )   File Number: EB-00-TP-644     
Tallahassee, FL                 )       NAL/Acct.No. 200132700003


                                       Released: October 30, 2000 

By the Enforcement Bureau, Tampa District Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find Rebus,  Inc.,  licensee of  Station  WTAL(AM),  Tallahassee, 
Florida apparently liable for a forfeiture in the amount of eight 
thousand dollars ($8,000)  for violation of  Section 11.35(a)  of 
the Commission's  rules, 47  C.F.R.   11.35(a),  which  requires 
Emergency Alert  System  (EAS)  equipment  to  be  installed  and 
operating at a broadcast station.  We find that the required  EAS 
Encoder,  EAS  Decoder  and   Attention  Signal  generating   and 
receiving  equipment  was  not  installed,  nor  had  ever   been 
purchased for this station. 

                         II.  BACKGROUND
     2.   On August  31, 2000,  an agent  of the  Tampa  District 

Office inspected station WTAL(AM)  in Tallahassee, Florida.   The 

Owner/General Manager of the station advised the agent during the 

inspection that no  equipment had  ever been  purchased for  this 

station. Consequently, the station was unable to send or  receive 

EAS test and alerts. 

                        III.  DISCUSSION

     3.   Based on the evidence before us, we find that on August 

31, 2000, Rebus,  Inc. willfully1 violated  Section 11.35(a),  of 

the Commission's  Rules2 by  not  having Emergency  Alert  System 

(EAS) equipment installed  and operating at  station WTAL(AM)  in 

Tallahassee, Florida. 

     4.   Pursuant  to   The   Commission's   Forfeiture   Policy 

Statement  and  Amendment  of  Section  1.80  of  the  Rules   to 

Incorporate  the  Forfeiture   Guidelines  (``Forfeiture   Policy 

Statement''), the base forfeiture amount is $8,000 for not having 

EAS  equipment  installed  or  operational.3  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, any history of prior  offenses, ability to pay,  and 

other such  matters  as  justice may  require.4    Rebus,  Inc.'s 

violation was  repeated  and  willful.  Applying  the  Forfeiture 

Policy Statement and  statutory factors to  the instant case,  an 

$8,000 forfeiture is warranted.

                      IV.  ORDERING CLAUSES

     5.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 

503(b) of the  Act,5 and Sections  0.111, 0.311 and  1.80 of  the 

Commission's Rules,6  Rebus,  Inc.  is hereby  NOTIFIED  of  this 

APPARENT LIABILITY  FOR  A  FORFEITURE in  the  amount  of  eight 

thousand dollars ($8,000) for  violating Section 11.35(a) of  the 

Commission's Rules.7

     6.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules,8 within thirty  days of the release  date 
full amount of the  proposed forfeiture or  SHALL FILE a  written 
statement seeking  reduction  or  cancellation  of  the  proposed 

     7.   Payment of the  forfeiture may be  made by credit  card 
through the  Commission's Credit  and Debt  Management Center  at 
(202) 418-1995  or  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. 

     8.   The response if  any must  be mailed to  Office of  the 
Secretary, Federal  Communications Commission,  445 12th  Street, 
S.W.,  Washington,  D.C.  20554,   ATTN:  Enforcement  Bureau   - 
Technical & Public Safety Division and MUST INCLUDE THE NAL/Acct. 
No. referenced above.

     9.   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; 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.

     10.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief, Credit  and Debt Management  Center, 445 12th  Street, 
S.W., Washington, D.C. 20554.9

     11.   IT IS FURTHER  ORDERED THAT a copy  of this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to  Rebus, Inc.,  1820 E.  Park Ave.,  Tallahassee,  FL  

                              FEDERAL COMMUNICATIONS COMMISSION

                              Ralph M. Barlow
                              District Director
                              Tampa District Office

1 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies 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).

2 47 C.F.R.  11.35(a)

3 12 FCC Rcd 17087 (1997), recon. denied, FCC 99?407 (rel. 
December 28, 1999).

4 47 U.S.C.  503(b)(2)(D).  See also Forfeiture Policy 
Statement, 12 FCC Rcd at 17100-01 (discussion of upward and 
downward adjustment factors).

5 47 U.S.C.  503(b).

6 47 C.F.R.  0.111, 0.311, 1.80.

7 47 C.F.R.  11.35(a)

8 47 C.F.R.  1.80.

9 See 47 C.F.R.  1.1914.