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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                  )                               
                                                                  
     In the Matter of             )                               
                                                                  
     Claro Communications, LTD.   )     File Number EB-07-HU-048  
                                                                  
     Licensee of Station KBRN     )   NAL/Acct. No. 200832540001  
                                                                  
     Boerne, Texas                )               FRN 0015929763  
                                                                  
     Facility ID # 51961          )                               
                                                                  
                                  )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                  Released: November 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 Claro Communications, LTD., ("Claro"), licensee of station KBRN,
       in Boerne, Texas, apparently willfully and repeatedly violated Section
       73.1125(a) of the Commission's Rules ("Rules") by failing to maintain
       a main studio and repeatedly violated Section 73.1745(a)  of the Rules
       by operating the station at a power level exceeding that specified in
       its license. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that Claro is
       apparently liable for a forfeiture in the amount of eleven  thousand
       dollars ($11,000).

   II. BACKGROUND

    2. On August 6, 2007, in response to a complaint, an agent from the
       Commission's Houston Office of the Enforcement Bureau ("Houston
       Office") investigated the operation of station KBRN in Boerne, Texas.
       The agent conducted field strength measurements on station KBRN's
       radio signal at various times throughout the day and evening. These
       measurements indicated that the power output of station KBRN's
       transmitter did not change during the day, near sunset, or well into
       the night. Additionally, the agent was unable to locate a main studio
       for station KBRN in or near the town of Boerne, Texas.

    3. On August 7, 2007, the agent from the Houston Office took field
       strength measurements at various times during the day and night. These
       measurements showed that the power level of station KBRN did not
       change after sunset local time, and was at the same level as observed
       the previous day.

    4. On August 8, 2007, the agent from the Houston Office again took field
       strength measurements at various times during the day and night. These
       measurements showed that the power level of station KBRN did not
       change after sunset local time, and was at the same level as observed
       the previous two days. The agent, still attempting to locate a main
       studio for station KBRN, spoke by telephone to the owner of the
       station and a contract engineer employed to maintain the station's
       transmitting equipment. Both confirmed the station did not have a
       permanent main studio for station KBRN, but instead was operating
       temporarily out of a hair salon business in Boerne, Texas.
       Additionally, the owner stated the temporary studio did not have any
       employees of station KBRN reporting daily to that location and that
       the station had been operating under these conditions for about 60
       days.

    5. On August 9, 2007, the agent from the Houston Office met with the
       manager of station KBRN at the hair salon business to inspect the
       station's main studio. The station manager stated that no employees of
       the station worked at this location, but the employees of the hair
       salon knew to call him if anyone came in to discuss matters relating
       to the radio station. The station manager then showed the agent
       broadcast equipment typically used at a radio station studio installed
       in a back room closet of the hair salon. The equipment was not
       functioning and was not even connected to an electrical outlet. The
       manager explained that the equipment was never actually used to
       provide programming to the transmitter because the studio to
       transmitter radio link could not be made to function from this
       location. The manager further stated that a computer installed in the
       transmitter building at the transmitter site was providing programming
       for the station. After sunset still on August 9, 2007, the agent from
       the Houston Office met with a contract engineer employed by station
       KBRN at the station's transmitter site. The engineer confirmed the
       station was being operated unattended with a computer in the
       transmitter building providing programming. The engineer additionally
       determined that the station was still operating in its daytime mode
       and power although he did not immediately know why. The engineer set
       the station to its proper nighttime power and stated he would make
       arrangements to have the transmitter manually switched from daytime
       operating mode to nighttime operating mode until the automated control
       system could be repaired. After leaving the transmitter site, the
       agent from the Houston Office conducted field strength measurements
       that confirmed a dramatic reduction in the power level of station
       KBRN's signal.

   III. DISCUSSION

    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 "willful" as used in Section 503(b) of the Act 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.

    7. Section 73.1125(a) of the Rules requires broadcast stations to
       maintain a main studio. "A station must equip the main studio with
       production and transmission facilities that meet applicable standards,
       maintain continuous program transmission capability, and maintain a
       meaningful management and staff presence." The Commission has defined
       a minimally acceptable "meaningful presence" as full-time managerial
       and full-time staff personnel. On August 9, 2007, during normal
       business hours, no management or staff employees of station KBRN were
       present at its main studio in the hair salon in Boerne, Texas.
       Additionally, the equipment installed to provide the station with
       production and transmission capability at this location was not
       functioning. The station owner admitted that the main studio had been
       unattended by any station employees for about 60 days. The station
       manager also admitted that the main studio was not staffed and that
       its production and transmission equipment had never functioned.

    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 KBRN is authorized to operate with 1900 watts during
       the day and 15 watts at night. On August 6, 7, and 8, 2007, field
       strength measurements showed station KBRN did not reduce power from
       its daytime authorized power to its nighttime authorized power after
       sunset local time. On August 9, 2007, the station engineer confirmed
       that the station was not reducing its power at night and did not know
       why the station's automated control system was malfunctioning.

    9. Based on the evidence before us, we find that Claro  apparently
       willfully and repeatedly violated Section 73.1125(a) of the Rules by
       failing to maintain a main studio and repeatedly violated Section
       73.1745(a)  of the Rules by operating the station at a power level
       exceeding that specified in its license.

   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 violation of the main studio rule is $7,000
       and the base forfeiture amount for exceeding the power limits is
       $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 of the Rules, and the statutory factors
       to the instant case, we conclude that Claro is apparently liable for a
       ($11,000) 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, Claro Communications, LTD.
       is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of eleven  thousand dollars ($11,000) for violations of
       Sections 73.1125(a) 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, Claro Communications,
       LTD. 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.

   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 Claro Communications, LTD. at its 
       address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Stephen P. Lee

   Resident Agent,

   Houston Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S: 73.1125(a).

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

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

   The current license for station KBRN is for daytime operation only;
   however, station KBRN has been granted a Construction Permit by the
   Commission authorizing it to operate at a daytime power of 1900 watts and
   a nighttime power of 15 watts.

   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: 73.1125(a).

   Main Studio and Program Origination Rules, Memorandum Opinion and Order, 
   3 FCC Rcd 5024, 5026 (1988).

   Jones Eastern of the Outer Banks, Inc., Memorandum Opinion and Order, 6
   FCC Rcd 3615, 3616 (1991), clarified 7 FCC Rcd 6800 (1992). 

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

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

   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, 73.1125(a),
   73.1745(a).

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission