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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-04-SJ-042
)
Clamor Broadcasting Network Inc. ) NAL/Acct. No.200532680001
Licensee of WJVP-FM )
P.O. Box 40000 ) FRN 0008403388
Bayamon, PR 00958 )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: November 16, 2004
By the Resident Agent, San Juan Office, South Central
Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for
Forfeiture (``NAL''), we find Clamor Broadcasting Network
Inc. (``Clamor''), licensee of radio station WJVP-FM,
Culebra, Puerto Rico, apparently liable for a forfeiture in
the amount of fifteen thousand dollars ($15,000) for willful
and repeated violation of Sections 11.35 and 73.1125 of the
Commission's Rules (``Rules'').1 Specifically, we find
Clamor Broadcasting Network Inc. apparently liable for not
having installed the required Emergency Alert System
(``EAS'') equipment and not maintaining the station's main
studio within the community of license, within the principal
community contour, or within twenty-five miles from the
reference coordinates of the center of its community of
license.
II. BACKGROUND
2. In March of 2000, an agent from the Commission's
San Juan, Puerto Rico Resident Agent Office (``San Juan
Office'') inspected radio station WJVP-FM. The San Juan
Office issued to Clamor a Notice of Violation for failure to
maintain a main studio in violation of Section 73.1125 of
the Rules and failure to maintain operational EAS equipment
in violation of Section 11.35 of the Rules.
3. On August 11, 2004, an agent from the San Juan
Office inspected radio station WJVP-FM at their studio
located on Granada Street, Urb. Alahambra, Bayamon, Puerto
Rico. The station did not have the required EAS equipment
installed. According to the operator, the station's engineer
had removed it during March or April of this year. When the
agent requested to see the EAS log the operator provided a
log that appeared to belong to another station WKVN-FM,
Levittown, Puerto Rico. This log reflected the last test was
performed on March 10, 2004. The station's only studio was
located on Granada Street, Urb. Alahambra, Bayamon, Puerto
Rico, outside of Culebra, the station's community of
license, approximately 16 miles outside the station's
principal community contour, and more than 25 miles
(approximately 65 miles) from the reference coordinates of
the center of its community of license.
III. DISCUSSION
4. Section 11.35 requires that EAS Encoders, EAS
Decoders and Attention Signal generating and receiving
equipment used as part of the EAS be installed so that the
monitoring and transmitting functions are available during
the times the stations and systems are in operation. On
August 11, 2004 an agent from the San Juan office inspected
WJVP's studio and found no EAS equipment installed. The
equipment had been removed from service by the station
engineer at least four months prior to the inspection. No
EAS logs for station WJVP-FM were available showing the
equipment had been removed for repair or replacement, or
providing explanation for failure to conduct EAS tests. The
San Juan Office notified Clamor of a similar violation in
April of 2000.
5. Section 73.1125 Broadcast stations shall maintain
a studio within the station's community of license, within
the principal community contour or within twenty-five miles
from the reference coordinates of the center of its
community of license. At the time of inspection the
station's studio was located on Granada Street, Urb.
Alahambra, Bayamon, Puerto Rico, which is more than 25 miles
from the community of license and 16 miles outside the
principal community contour. The San Juan Office notified
Clamor of a similar violation in April of 2000.
6. Based on the evidence before us, we find Clamor
Broadcasting Network Inc. willfully2 and repeatedly3
violated Sections 11.35 and 73.1125 of the Rules by failing
to have installed the required EAS equipment and for not
maintaining the station's studio within its community of
license, within the principal community contour or within
twenty-five miles from the reference coordinates of the
center of its community of license.
7. Pursuant to Section 1.80(b)(4) of the Rules,4 the
base forfeiture amount for failure to have installed the
required EAS equipment is eight thousand dollars ($8,000)
and for main studio violations is seven thousand dollars
($7,000).
8. 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.5 Considering the entire
record and applying the factors listed above, this case
warrants a $15,000 forfeiture.
IV. ORDERING CLAUSES
9. Accordingly, IT IS ORDERED THAT, pursuant to
Section 503(b) of the Act,6 and Sections 0.111, 0.311 and
1.80 of the Rules,7 Clamor Broadcasting Network Inc. is
hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE
in the amount of fifteen thousand dollars ($15,000) for
willful and repeated violation of Section 11.35 and 73.1125
of the Rules by failing to install the required EAS
equipment and failure to maintain the station's studio
within the community of license, within the principal
community contour or within twenty-five miles from the
reference coordinates of the center of its community of
license.
10. 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.
11. Payment of the forfeiture may be made by check or
similar instrument, payable to the order of the Federal
Communications Commission. Payment by check or money order
may be mailed to Forfeiture Collection Section, Finance
Branch, Federal Communications Commission, P.O. Box 73482,
Chicago, IL 60673-7482. Payment by overnight mail may be
sent to Bank One/LB 73482, 525 West Monroe, 8th Floor
Mailroom, Chicago, IL 60661. Payment by wire transfer may
be made to ABA Number 071000013, receiving bank Bank One,
and account number 1165259. The payment should note
NAL/Acct. No. 200532680001, and FRN 0008403388. Requests
for payment of the full amount of this NAL under an
installment plan should be sent to: Chief, Revenue and
Receivable Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.8
12. The response, if any, must be mailed to Federal
Communications Commission, Enforcement Bureau, Room 762,
Federal Building, San Juan, PR 00918-1731 and MUST INCLUDE
THE NAL/Acct. No. referenced above.
13. 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.
14. 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
FEDERAL COMMUNICATIONS COMMISSION
William Berry
San Juan Office, Enforcement Bureau
_________________________
1 47 C.F.R. §§ 11.35 & 73.1125.
2 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
(1991).
3 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).
4 47 C.F.R. § 1.80(b)(4).
5 47 U.S.C. § 503(b)(2)(D).
6 47 U.S.C. § 503(b).
7 47 C.F.R. §§ 0.111, 0.311, 1.80.
8 See 47 C.F.R. § 1.1914.