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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                           )                               
     In the Matter of                                                      
                                           )                               
     Siga Broadcasting Corporation                                         
                                           )     File Number EB-06-HU-091  
     Licensee of Station KTMR                                              
                                           )   NAL/Acct. No. 200732540002  
     Edna, Texas                                                           
                                           )               FRN 0003790425  
     Facility ID # 28191                                                   
                                           )                               
     Owner of Antenna Structure #1232021                                   
                                           )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                     Released: March 21, 2007

   By the Resident Agent, Houston Office, South Central Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Siga Broadcasting Corporation ("Siga Broadcasting"), licensee of
       station KTMR, in Edna, Texas and owner of antenna structure #1232021,
       apparently willfully and repeatedly violated Sections 17.51(a) and
       73.1745(a) of the Commission's Rules ("Rules") by failing to exhibit
       red obstruction lights from sunset to sunrise and by operating the
       station after local sunset, and apparently repeatedly violated Section
       73.49 of the Rules by failing to enclose an antenna tower with radio
       frequency potential at the base within an effective locked fence. We
       conclude, pursuant to Section 503(b) of the Communications Act of
       1934, as amended ("Act"), that Siga Broadcasting is apparently liable
       for a forfeiture in the amount of twenty-one thousand dollars
       ($21,000).

   II. BACKGROUND

    2. On December 11, 2006, in response to a complaint that the station was
       remaining on the air after sunset, an agent with the Commission's
       Houston Office of the Enforcement Bureau ("Houston Office") inspected
       the transmitter site for station KTMR in Edna, Texas. At the
       transmitter site, the agent observed a three-tower directional array,
       which was of the type that normally has radio frequency potential at
       the bases. Each of the three antenna structures was enclosed within a
       fence. Although the gate had a padlock, the agent observed that the
       gate latching mechanism for one of the fences had separated from the
       gate and would not hold the gate closed. The property for the
       transmitter site did not have a perimeter fence. After sunset on
       December 11, 2006, the agent observed that the red obstruction light
       on the top of antenna structure #1232021 was not operating. All three
       of station KTMR's structures are greater than 200 feet in height, are
       registered with the Commission, and require red obstruction lighting.
       The agent telephoned the Federal Aviation Administration ("FAA") and
       was told that no Notice to Airmen ("NOTAM") had been issued for
       structure #1232021. The agent also monitored the station's
       transmissions and observed that it was transmitting, with full daytime
       power, when he left the area at 6:15 PM local time. Station KTMR is
       only authorized as a daytime station, and for the month of December,
       must cease operations at 5:30 PM local time.

    3. On December 15, 2006, the agent with the Houston Office returned to
       the station KTMR's transmitter site and found the situation unchanged.
       The gate on one antenna structure's fence was not secured and could
       easily be opened to allow access to the base of the structure. After
       dark, a red obstruction light at the top of antenna structure #1232021
       was not operating. The agent contacted the FAA, and the FAA still had
       no record of a NOTAM issued for this structure. The agent monitored
       the station's transmissions and heard the station go off the air at
       about 7:00 PM local time. At the time the station went off the air, it
       was operating at full daytime power.

    4. On December 19, 2006, the agent from the Houston Office once again
       returned to the transmitter site of station KTMR. The agent observed
       that the gate on the structure fence was in the same condition as on
       December 11 and 15. The agent then confirmed using a relative radio
       frequency meter that all three antenna structures had radio frequency
       potential at their bases. The agent then inspected the main studio for
       station KTMR in Victoria, Texas. Personnel present admitted that the
       station normally operated from about 6:30 AM to 7:00 PM daily. He
       further admitted that no one from the station observed the tower
       lights at least once every 24 hours and that the station had not
       installed an automatic light monitoring system. Finally, he stated was
       not aware that any lights on any of the towers were malfunctioning.

   III. DISCUSSION

    5. 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.

    6. Section 17.51(a) of the Rules requires that red obstruction lighting
       shall be exhibited from sunset to sunrise unless otherwise specified.
       Section 17.47(a)(1) of the Rules requires the owner of any antenna
       structure which is registered with the Commission and has been
       assigned lighting specifications to make an observation of the antenna
       structure's lights at least once every 24 hours either visually or by
       observing an automatic properly maintained indicator designed to
       register any failure of such lights. Alternatively, Section
       17.47(a)(2) of the Rules requires antenna structure owners to provide
       and properly maintain an automatic alarm system designed to detect any
       failure of such lights and to provide indication of such failure to
       the owner. Siga Broadcasting is the registered owner of antenna
       structure #1232021 and the licensee of station KTMR. On December 11
       and 15, 2006, a red obstruction light on antenna structure #1232021
       was extinguished after sunset, and no NOTAM had been issued. Personnel
       present at the main studio admitted that no one from the station
       observed the antenna structure on a daily basis and that the station
       had not installed an automatic alarm system.

    7. Section 73.49 of the Rules requires that antenna towers having radio
       frequency potential at the base must be enclosed within effective
       locked fences or other enclosures. However, individual tower fences
       need not be installed if the towers are contained within a protective
       property fence. On December 11, 15, and 19, 2006, the gate of the
       fence surrounding one of station KTMR's antenna structures was not
       secured and could be easily opened, providing ready access to the base
       of the structure. This antenna structure was confirmed to have radio
       frequency at the base. There was no perimeter fence around the
       property. Therefore, the antenna structure was not enclosed within an
       effective locked fence or protective property fence.

    8. Section 73.1745(a) of the Rules states that no broadcast station shall
       operate at times, or with modes or power, other than those specified
       and made a part of the license, unless otherwise provided in this
       part.  Station KTMR is only authorized to operate from 7:15 AM until
       5:30 PM in December. On December 11 and 15, 2007, station KTMR
       operated after 5:30 PM. Personnel present at the station confirmed
       that the station operated on a daily basis until 7:00 PM.

    9. Based on the evidence before us, we find that Siga Broadcasting
       apparently willfully and repeatedly violated Sections 17.51(a) and
       73.1745(a) of the Rules by failing to exhibit red obstruction lights
       from sunset to sunrise and by operating station KTMR at times not
       authorized by the terms of the station authorization. Additionally,
       Siga Broadcasting apparently repeatedly violated Section  73.49 of the
       Rules by failing to enclose a tower with radio frequency potential at
       the base within an effective locked fence or other enclosure.

   10. 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 failing to comply with prescribed lighting
       or marking is $10,000, and violation of AM tower fencing is $7,000.
       Although Section 1.80 does not specify a base forfeiture amount for
       operation at unauthorized times, this violation is comparable to
       operation at an unauthorized location, use of an unauthorized
       frequency, or use of unauthorized emissions; each of which have a base
       forfeiture amount of $4,000. In assessing the monetary forfeiture
       amount, we must also take into account the statutory factors set forth
       in Section 503(b)(2)(E) 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 Siga
       Broadcasting is apparently liable for a $21,000 forfeiture.

   IV. ORDERING CLAUSES

   11. 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, Siga Broadcasting
       Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A
       FORFEITURE in the amount of twenty-one  thousand dollars ($21,000) for
       violations of Sections 17.51(a), 73.49, and 73.1745 (a) of the Rules.

   12. 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, Siga Broadcasting
       Corporation SHALL PAY the full amount of the proposed forfeiture or
       SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

   13. 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.

   14. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, Houston Office,
       9597 Jones Road, # 362, Houston, Texas, 77065 and must include the
       NAL/Acct. No. referenced in the caption.

   15. 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.

   16. 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.^8

   17. 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 Siga Broadcasting Corporation at its
       address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Stephen P. Lee

   Resident Agent

   Houston Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. SS 17.51(a), 73.1745(a).

   47 C.F.R. S 73.49.

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

   The FAA would not issue a NOTAM, even though the agent notified it of the
   lighting outage, because the agent was not the owner of the tower.

   The staff present had entered into a time brokerage agreement with Siga
   Broadcasting to operate the station full-time. No employees of Siga
   Broadcasting were present at the main studio.

   Station KTMR is only authorized to operate up to 7 PM in April, May, June,
   July and August.

   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 17.51(a).

   47 C.F.R. S 17.47(a)(1).

   47 C.F.R. S 73.49.

   47 C.F.R. S 73.1745(a).

   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)(E).

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 17.51(a),
   73.49, 73.1745(a).

   ^8 See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission