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

In the Matter of                  )      File Number EB-03-SJ-019
Clamor Broadcasting Network Inc.  )     NAL/Acct. No.200332680004
Owner of Antenna Structure        )
located atop the                  )                FRN 0008403388
Atlantico Condominium on          )
Naranjal Street, in Levittown, 
Puerto Rico
Bayamon, Puerto Rico

                                    Released: April 14, 2003

By the Enforcement Bureau, San Juan Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture  (``NAL''), we  find Clamor  Broadcasting Network 
Inc.,  owner of  an unregistered  antenna structure  located 
atop   the  Atlantico   Condominium   on  Naranjal   Street, 
Levittown, Puerto  Rico, apparently liable for  a forfeiture 
in the amount of three thousand dollars ($3,000) for willful 
and   repeated  violation   of   Section   17.4(a)  of   the 
Commission's  Rules  (``Rules'').1   Specifically,  we  find 
Clamor  Broadcasting  Network  Inc.  apparently  liable  for 
failure  to   register  its   antenna  structure   with  the 

                         II.  BACKGROUND

     2.   On March 7, 2003, agents from the Commission's San 
Juan  office  inspected  the antenna  structure  located  at 
coordinates  18-26-47.80  N  /   066-10-24.60  W,  atop  the 
Atlantico  Condominium  in   Levittown,  Puerto  Rico.   The 
structure consisted of a 120 foot tower on top of a building 
resulting in a  total height above ground of  over 220 feet.  
The structure had a small  hand written sign that read ``FCC 
Temporary  Tower  Registration 1011531.''  The  Commission's 
Antenna Structure Registration  database contained no record 
of this  registration number  or any record  of registration 
for  this  structure.   The agents  interviewed  Mr.  Rafael 
Cerra,  engineer for  radio  station  WKVN-FM.  Clamor  owns 
WKVN-FM and is the sole  user of the antenna structure.  Mr. 
Cerra stated that Clamor owns the antenna structure and that 
Clamor  filed an  application to  register the  structure on 
December 30, 1996,  but the FCC returned  the application on 
March  19, 1997  due to  several deficiencies.   One of  the 
deficiencies in  the application concerned  Clamor's failure 
to  obtain  the  required  Federal  Aviation  Administration 
(``FAA'')  clearance for  the  proposed  structure prior  to 
registration.   In  1999,  Clamor obtained  an  aeronautical 
study for  the structure from  the FAA that  recommended the 
structure  be painted  and lighted.   There was  no evidence 
that Clamor  had reapplied  for registration  after December 
30, 1996.

                      III.  DISCUSSION

     3.   Section  17.4(a) requires  that the  owner of  any 
proposed or existing antenna  structure that requires notice 
of  proposed  construction  to  the FAA  must  register  the 
structure  with the  Commission. Clamor's  antenna structure 
required   notification   to   the  FAA,   and,   therefore, 
registration  with  the  Commission, because  the  structure 
exceeded 200  feet in height  above ground level.2   From at 
least December 30, 1996, until  March 7, 2003, Clamor failed 
to register its antenna structure with the Commission.
     4.   Based on  the evidence  before us, we  find Clamor 
Broadcasting   Network  Inc.   willfully3  and   repeatedly4 
violated Section 17.4(a) of the Rules by failing to register 
its antenna structure with the Commission.

     5.   Pursuant to Section 1.80(b)(4)  of the Rules,5 the 
base forfeiture amount for failure to file required forms or 
information (failure  to register an antenna  structure with 
the  Commission) is  three  thousand  dollars ($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 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  $3,000 

                      IV.  ORDERING CLAUSES

     6.   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  Clamor Broadcasting  Network Inc.  is 
in the amount of three thousand dollars ($3,000) for willful 
and repeated  violation of Section  17.4(a) of the  Rules by 
failing  to   register  its   antenna  structure   with  the 

     7.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this  NAL, Clamor  Broadcasting Network  Inc. 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 should note the NAL/Acct. No. and FRN referenced 
above.  Requests for payment of  the full amount of this NAL 
under an installment plan should  be sent to: Chief, Revenue 
and  Receivables Operations  Group, 445  12th Street,  S.W., 
Washington, D.C. 20554.9

     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. referenced 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.  Under the  Small Business Paperwork Relief  Act of 
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the 
FCC is engaged in a  two-year tracking process regarding the 
size of entities involved in forfeitures.  If you qualify as 
a small  entity and  if you  wish to be  treated as  a small 
entity for tracking purposes, please so certify to us within 
thirty (30) days of this NAL, either in your response to the 
NAL or  in a separate filing  to be sent to  the Technical & 
Public Safety Division.   Your certification should indicate 
whether   you,  including   your  parent   entity  and   its 
subsidiaries, meet one  of the definitions set  forth in the 
list provided by the FCC's Office of Communications Business 
Opportunities  (OCBO)  set forth  in  Attachment  A of  this 
Notice of Apparent Liability.  This information will be used 
for  tracking purposes  only.  Your  response or  failure to 
respond to this question will  have no effect on your rights 
and  responsibilities  pursuant  to Section  503(b)  of  the 
Communications Act.  If you  have questions regarding any of 
the information  contained in  Attachment A,  please contact 
OCBO at (202) 418-0990.

     12.   IT  IS FURTHER  ORDERED THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested to Clamor  Broadcasting Network Inc., P.O. 
Box 40000, Bayamon, PR 00958-9000.


                         William Berry
                         San Juan Office, Enforcement Bureau

1 47 C.F.R.  17.4(a).

2 See 47 C.F.R.  17.7(a).

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 4387-88 

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.  312(f)(2).

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.