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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of                   )                                
     Brahmin Broadcasting Corporation   )     File Number: EB-07-DV-132  
     Licensee of Station KRAE-AM        )   NAL/Acct. No.: 200732800006  
     Cheyenne, WY                       )               FRN: 0010593085  
     Facility ID # 35510                )                                


                                                      Released: July 31, 2007

   By the District Director, Denver District Office, Western Region,
   Enforcement Bureau:


    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Brahmin Broadcasting Corporation ("Brahmin"), licensee of station
       KRAE, in Cheyenne, Wyoming, apparently repeatedly violated Section
       73.49 of the Commission's Rules ("Rules") by failing to enclose the
       KRAE antenna structure, a tower with radio frequency potential at the
       base, with an effective locked fence or other enclosure. We conclude,
       pursuant to Section 503(b) of the Communications Act of 1934, as
       amended ("Act"), that Brahmin is apparently liable for a forfeiture in
       the amount of seven thousand dollars ($7,000).


    2. On March 6, 2007, agents from the Enforcement Bureau's Denver District
       Office conducted an inspection of a structure located at approximately
       41DEG 07' 26"  north latitude and 104DEG 49' 12" west longitude in
       Cheyenne, Wyoming. Close observation revealed that a single wooden
       panel section of the base fence, approximately six feet in width, was
       laying on the ground, and allowing access to the structure, a
       series-fed antenna with an insulated base. The agents observed that
       the structure resided in an open field located within a residential
       area. A search of the Commission's database on-scene confirmed that
       the structure was broadcasting the signal of KRAE, an AM station
       licensed to Brahmin, in Cheyenne, Wyoming.

    3. Later on March 6, 2007, the agents arrived at the KRAE studio and
       issued a verbal warning regarding the base fence violation to the two
       Brahmin employees present for the inspection. The agents interviewed
       Brahmin's business manager and the chief engineer for KRAE. During the
       interview, the engineer acknowledged that he had received a call on
       February 20, 2007, regarding an issue with KRAE's base fence. The
       engineer assumed that the caller, a former owner of the station, was
       merely referring to a single vertical slat of the fence when informing
       Brahmin of a "hole in the fence." The engineer admitted he had yet to
       visit the KRAE transmitter site in order to assess the damage to the
       fence as of the date of the agents' interview. The KRAE staff
       indicated to the agents that they would immediately repair the fence.

    4. On May 2, 2007,  a Denver agent asked a staffer with the Wyoming
       Office of Homeland Security ("WOHS"), to check the base fence around
       KRAE. The WOHS staffer inspected the KRAE base fence and reported that
       the six foot wooden panel section of fence, which  was  laying on the
       ground during the March 6, 2007, inspection,  had been restored.

    5. On May 15, 2007, a Denver agent contacted the former owner of KRAE,
       who indicated that he had informed Brahmin on several occasions,
       including the February 20, 2007, call, that the six-foot fence panel
       had been blown down. The former owner indicated that he was concerned
       for the safety of the children nearby.


    6. 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 "repeated" means the commission or omission of such
       act more than once or for more than one day.

    7. Section 73.49 of the Rules states that antenna towers having radio
       frequency potential at the base (series fed, folded unipole, and
       insulated base antennas) must be enclosed within effective locked
       fences or other enclosures. Individual tower fences need not be
       installed if the towers are contained within a protective property
       fence. In adopting the Report and Order promulgating the most recent
       amendment of Section 73.49, the Commission stated that "a fencing
       requirement is necessary to protect the general public."

    8. KRAE broadcasts from a series-fed tower with an insulated base and,
       pursuant to Section 73.49, must be enclosed with an effective locked
       fence or other enclosure. At the time of the March 6, 2007,
       inspection, a six foot wide panel of the fence was found on the
       ground, rendering the remaining fence ineffective. The structure is
       sited in a residential portion of the city, however; there is no
       perimeter fencing to further dissuade the public from approaching the
       structure. Because there was no perimeter fence, the base fence around
       the individual AM tower must be effective. With an entire panel
       missing from the fence, the agents were able to easily access the KRAE
       tower. Brahmin was made aware of the condition of the fence on
       February 20, 2007, by the former owner of KRAE. Brahmin, however,
       failed to investigate or repair the condition of the fence until the
       inspection by the Denver agents on March 6, 2007. Based on the
       evidence before us, we find that Brahmin apparently repeatedly
       violated Section 73.49 of the Rules by failing to maintain the KRAE
       antenna structure within an effective enclosure.

    9. 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 enclose the antenna tower within
       an effective locked fence or other enclosure is $7,000. 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 Brahmin  is apparently liable for a seven
       thousand dollar ($7,000) forfeiture.


   10. 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, Brahmin Broadcasting
       Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A
       FORFEITURE in the amount of seven thousand dollars ($7,000) for
       violation of Section 73.49 of the Rules.

   11. 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, Brahmin 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.

   12. 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.

   13. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, Denver Office, 215 S.
       Wadsworth Blvd., Suite 303, Lakewood, Colorado, 80226 and must include
       the NAL/Acct. No. referenced in the caption.

   14. 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.

   15. 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, Room 1A625, 445
       12th Street, S.W., Washington, D.C. 20554.

   16. 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 Brahmin Broadcasting Corporation.


   Nikki P. Shears

   District Director

   Denver District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 73.49.

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

   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: 73.49.

   47 C.F.R. S: 73.49

   Review of the Technical and Operational Regulations of Part 73, Subpart A,
   AM Broadcast Stations, 59 Rad. Reg. 2d (Pike & Fischer) 927, P:6 (1986)
   ("Report and Order").

   See Butterfield Broadcasting Corporation, 20 FCC Rcd 20237 (EB 2005).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.

   47 U.S.C. S: 503(b)(2)(E).

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 73.49.

   See 47 C.F.R. S: 1.1914.

   (...continued from previous page)


   Federal Communications Commission


   Federal Communications Commission