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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
Rama Communications, Inc. ) File Number: EB-05-TP-450
Licensee of Station WTIR ) NAL/Acct. No.: 200732700005
Cocoa Beach, FL ) FRN: 0005008016
Facility ID # 55005 )
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: December 19, 2006
By the District Director, Tampa Field Office, South Central Region,
Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Rama Communications, Inc. ("Rama"), licensee of station WTIR, in
Cocoa Beach, Florida, apparently willfully and repeatedly violated
Sections 11.35(a) and 73.49 of the Commission's Rules ("Rules") by
failing to maintain operational Emergency Alert System ("EAS")
equipment and failing to maintain effective locked fences or
enclosures around the bases of its antenna structures. We conclude,
pursuant to Section 503(b) of the Communications Act of 1934, as
amended ("Act"), that Rama is apparently liable for a forfeiture in
the amount of fifteen thousand dollars ($15,000).
II. BACKGROUND
2. In response to two complaints received in November 2005, agents from
the Commission's Tampa Office of the Enforcement Bureau ("Tampa
Office") inspected the main studio of station WTIR in Cocoa Beach,
Florida on January 10 and 11, 2006. On both dates, the agents observed
that the entrance gate to the perimeter property fence was torn down,
leaving a wide opening that was adjacent to the station's studio
parking lot. There were no individual fences around any of the antenna
structures. During the January 11, 2006 inspection, the agents
observed that the station's EAS unit was installed, but not
operational. The wiring from the EAS unit had been removed. The
station did not maintain an EAS log, which stated when the equipment
became damaged or when required EAS tests were conducted. The
station's most recent required EAS test receipt was dated August 3,
2005.
III. DISCUSSION
3. Section 503(b) of the Act provides that any person who willfully or
repeatedly fails to comply substantially with the terms and conditions
of any license, or willfully or repeatedly fails to comply with any of
the provisions of the Act or of any rule, regulation or order issued
by the Commission thereunder, shall be liable for a forfeiture
penalty. The term "willful" as used in Section 503(b) has been
interpreted to mean simply that the acts or omissions are committed
knowingly. The term "repeated" means the commission or omission of
such act more than once or for more than one day.
4. Section 11.35(a) of the Rules requires all broadcast stations to
ensure that EAS encoders, EAS decoders, attention signal generating,
and receiving equipment is installed and operational so that the
monitoring and transmitting functions are available during the times
the station is in operation. Broadcast stations must also determine
the cause of any failure to receive required monthly and weekly EAS
tests, and must indicate in the station's log why any required tests
were not received and when defective equipment is removed and restored
to service. On January 11, 2006, during an inspection during normal
business hours, Rama's EAS equipment was installed, but not
operational. The wiring had been removed from the EAS unit. The
station engineer was aware that the equipment was damaged but did not
know when it was damaged or when it would be repaired. The station did
not maintain a log that stated when the EAS equipment became damaged
or when required EAS tests were conducted. The station's most recent
required EAS test receipt was dated August 3, 2005. There was no
evidence that the EAS equipment was operational after August 3, 2005.
5. Section 73.49 of the Rules requires antenna towers having radio
frequency potential at the base (series fed, folded, unipole and
insulated base antennas) to be enclosed with effective locked fences
or other enclosures. Individual tower fences need not be installed if
the towers are contained within a protective property fence. On
January 10 and 11, 2006, there were no individual fences around the
station's antenna towers that had radio frequency potential at their
bases. The station maintained a perimeter property fence, but the gate
to that fence was torn down. The opening in the perimeter fence was
located adjacent to the WTIR studio parking lot and allowed direct
access to the property. Thus, the perimeter property fence was not
protective.
6. Based on the evidence before us, we find that Rama apparently
willfully and repeatedly violated Sections 11.35(a) and 73.49 of the
Rules by failing to maintain operational EAS equipment and failing to
maintain effective locked fences around the bases of its antenna
structures.
7. 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"), and Section 1.80 of the Rules, the
base forfeiture amount for AM tower fencing is $7,000 and the base
forfeiture amount for not having EAS equipment installed or
operational is $8,000. 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 Act, which include the nature, circumstances,
extent, and gravity of the violations, and with respect to the
violator, the degree of culpability, and history of prior offenses,
ability to pay, and other such matters as justice may require.
Applying the Forfeiture Policy Statement, Section 1.80, and the
statutory factors to the instant case, we conclude that Rama is
apparently liable for a $15,000 forfeiture.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications
Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the
Commission's Rules, Rama Communications, Inc. is hereby NOTIFIED of this
APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand
dollars ($15,000) for violations of Sections 11.35(a) and 73.49 of the
Rules.
9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
Commission's Rules within thirty days of the release date of this
Notice of Apparent Liability for Forfeiture, Rama Communications, Inc.
SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
written statement seeking reduction or cancellation of the proposed
forfeiture.
10. Payment of the forfeiture must be made by check or similar instrument,
payable to the order of the Federal Communications Commission. The
payment must include the NAL/Acct. No. and FRN No. referenced above.
Payment by check or money order may be mailed to Federal
Communications Commission, P.O. Box 358340, Pittsburgh, PA
15251-8340. Payment by overnight mail may be sent to Mellon
Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
15251. Payment by wire transfer may be made to ABA Number 043000261,
receiving bank Mellon Bank, and account number 911-6106.
11. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, South Central Region, Tampa Field
Office, 2203, N. Lois Ave., Suite 1215, Tampa, FL 33607 and must
include the NAL/Acct. No. referenced in the caption.
12. 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.
13. Requests for payment of the full amount of this Notice of Apparent
Liability for Forfeiture under an installment plan should be sent to:
Associate Managing Director, Financial Operations, 445 12th Street,
S.W., Room 1A625, Washington, D.C. 20554.
14. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture shall be sent by Certified Mail, Return Receipt
Requested, and regular mail, to Rama Communications, Inc. at its
address of record.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
District Director
Tampa Office
South Central Region
Enforcement Bureau
47 C.F.R. SS 11.35(a), 73.49.
47 U.S.C. S 503(b).
Section 312(f)(1) of the Act, 47 U.S.C. S 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 or any rule or regulation of the Commission
authorized by this Act...." See Southern California Broadcasting Co., 6
FCC Rcd 4387 (1991).
Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies to
violations for which forfeitures are assessed under Section 503(b) of the
Act, provides that "[t]he 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 C.F.R. S 11.35(b).
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
S1.80.
47 U.S.C. S 503(b)(2)(D).
47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 11.35(a),
73.49.
See 47 C.F.R. S 1.1914.
(...continued from previous page)
(continued....)
Federal Communications Commission
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Federal Communications Commission