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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

                                       3

   Federal Communications Commission