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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                      )                               
                                                                      
     In the Matter of                 )                               
                                            File Number EB-07-BF-020  
     Viva Communications Group, LLC   )                               
                                                      NAL/Acct. No.   
     Licensee of Station WSDE         )                 200832280002  
                                                                      
     Cobleskill, New York             )              FRN  0011157781  
                                                                      
     Facility ID # 4002               )                               
                                                                      
                                      )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                  Released: December 20, 2007

   By the Resident Agent, Buffalo Office, Northeast Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Viva Communications Group, LLC ("Viva"), licensee of AM radio
       station WSDE, Cobleskill, New York , has apparently willfully and
       repeatedly violated Sections 11.35(a), 73.1560(a), 73.1745(a), and
       73.3526(e)(12), of the Commission's Rules ("Rules")   by failing to
       maintain operational Emergency Alert System ("EAS") equipment, failing
       to sign off at local sunset time, failing to maintain daytime
       operating power at more than 90% of the authorized power, and failing
       to maintain a complete public inspection file. We conclude, pursuant
       to Section 503(b) of the Communications Act of 1934, as amended
       ("Act"), that Viva is apparently liable for a forfeiture in the amount
       of sixteen thousand dollars ($16,000).

   II. BACKGROUND

    2. On May 4, 2007, the FCC's Buffalo Office received a complaint
       regarding AM station WSDE, Cobleskill, New York. The complaint alleged
       that the station was operating during nighttime hours, was not
       maintaining a complete public inspection file, and was not maintaining
       an EAS system.

    3. On May 4, 2007, an agent in the Buffalo Office searched the FCC's data
       base and determined that WSDE is authorized to operate with a power of
       1000 watts daytime. The station is not authorized for nighttime
       operation and must sign off the air at local sunset, which is 7:15 PM
       Eastern Standard Time for the month of May.

    4. On May 9, 2007, the agent traveled to Cobleskill, New York and
       monitored radio station WSDE before and after local sunset. The agent
       determined that WSDE remained on the air with programming after local
       sunset. The agent conducted field strength measurements before and
       after local sunset and determined that the radio station was operating
       at the same power level for both daytime and nighttime.

    5. On the morning of May 10, 2007, the agent monitored radio station WSDE
       before and after sunrise. The agent determined radio station WSDE was
       on the air with programming before sunrise. The agent conducted field
       strength measurements before and after sunrise and determined the
       radio station was operating at the same power level for daytime and
       nighttime.

    6. Later that morning, the FCC agent visited WSDE's main studio and met
       with Edward Hurak. Mr. Hurak admitted that the station remained on the
       air after sunset and stated that the station had been operating at
       nighttime for quite some time.

    7. After conducting the inspection at the main studio, Mr. Hurak and the
       agent went to the transmitter site. The agent determined that the
       operating power of the station was only 33% of the authorized power,
       i.e., 333 watts. Mr. Hurak stated that the station had technical
       problems and that he wanted to keep the power low until the problems
       were corrected.

    8. The agent and Mr. Hurak later returned to WSDE's main studio. The
       agent asked the operator on duty for the station's EAS logs. The
       operator on duty stated that the station does not have an EAS log. The
       operator on duty further stated that he has been employed at the
       station for approximately three years and has never conducted an EAS
       test. The operator further stated that he did not know the procedure
       for conducting an EAS test and does not recall the last time the
       station received an EAS test. The agent inspected the EAS equipment
       and determined that it was not functioning; no stations could be
       detected on the EAS receiver. The agent also found that the EAS
       printer was not attached to the EAS equipment.

    9. The agent reviewed the station's public inspection file and found that
       it did not contain any issues/ programs lists for the last two years

   III. DISCUSSION

   10. 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. 

   11. Section 73.1560(a) of the Rules provides that AM stations must be
       maintained as near as practicable to the authorized antenna input
       power and may not be less than 90% nor more than 105% of the
       authorized power. Section 73.1745(a) provides that "[no] broadcast
       station shall operate at times, or with modes of power, other that
       those specified and made part of the license...." Station WSDE's
       license authorizes the station to operate during the daytime at 1000
       watts and the station must sign off the air at local sunset and may
       not sign on until local sunrise. The agent determined, based on
       off-air monitoring and field strength measurement, and Mr. Hurak
       confirmed, that station WSDE remained on the air after sunset on May
       9, 2007, and was on the air before sunrise on May 10, 2007, with
       approximately 333 watts of power. The agent also determined that
       station WSDE was operating with approximately 333 watts of power
       during the daytime, which is less than 90% of the station's authorized
       power.

   12. Section 11.35(a) of the Rules states that "EAS participants are
       responsible for ensuring that EAS Encoders, EAS Decoders and Attention
       Signal generating and receiving equipment used as part of the EAS are
       installed so that the monitoring transmitting functions are available
       during the times the stations and systems are in operation." On May
       10, 2007, the agent found that WSDE's EAS equipment was not
       operational and the operator on duty, who has been employed by the
       station for approximately three years, reported that he does not
       recall the last time an EAS test was received or conducted.

   13. Section 73.3526(e)(12) of the Rules requires licensees to place in the
       public inspection file, for each calendar quarter, a list of programs
       that have provided the station's most significant treatment of
       community issues during the preceding three month period. This list is
       known as the radio Issues/Programs list. On May 10, 2007, in response
       to a request to inspect the station's public inspection file, an agent
       was provided a public inspection file for station WSDE that did not
       contain any issues/programs lists for calendar years 2006 and 2007.

   14. Based on the evidence before us, we find that Viva willfully and
       repeatedly violated Sections 73.1560(a) and 73.1745(a) of the Rules by
       failing to sign off the air at local sunset and remain off the air
       until local sunrise as required by the station's license and by
       operating at less than 90% of the station's authorized power. We also
       find that Viva willfully and repeatedly violated Section 11.35 of the
       Rules by failing to maintain operational EAS equipment. We further
       find that Viva willfully and repeatedly violation Section
       73.3526(e)(12) of the Rules by failing to maintain issues/programs
       lists for a two-year period.

   15. 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 exceeding the power limits and operating at
       less than 90% of the station's authorized power is $4000, the base
       forfeiture amount for failure to maintain an operational EAS system is
       $8000, and the base forfeiture amount for violation of the public
       inspection file rule is $10,000. Because station WSDE's public
       inspection file contained a portion of the required items, a downward
       adjustment of the base forfeiture amount for this violation to $4,000
       is warranted. 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 Viva
       apparently is liable for a $16,000 forfeiture.

   IV. ORDERING CLAUSES

   16. 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, Viva Communications Group,
       LLC. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in
       the amount of sixteen thousand dollars ($16,000) for violations of
       Sections 11.35(a), 73.1745(a), 73.1560(a), and 73.3526(e)(12) of the
       Rules.

   17. 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, Viva SHALL PAY the full
       amount of the proposed forfeiture or SHALL FILE a written statement
       seeking reduction or cancellation of the proposed forfeiture.

   18. 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.

   19. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Northeast Region, Buffalo Office, 6400
       Sheridan Drive, Suite 140, Williamsville, NY 14221 and must include
       the NAL/Acct. No. referenced in the caption.

   20. 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.

   21. 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.

   22. 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 Viva Communications Group LLC at its
       address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   David Viglione

   Resident Agent

   Buffalo Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S:S: 11.35(a), 73.1560(a), 73.1745(a), 73.1870(a), and
   73.3526(e)(12).

   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).

   47 C.F.R. S: 73.1560(a)

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

   47 C.F.R. S: 11.35(a)

   47 C.F.R. S: 73.3526(e)(12).

   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)(D).

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 11.35,
   73.1745(a),73.1560(a), and 73.3526(e)(12).

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

   (...continued from previous page)

   Federal Communications Commission

                                       4

   Federal Communications Commission