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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of
)
Rama Communications, Inc.
)
Licensee of station WOKB File Number EB-08-TP-033
)
Winter Garden, FL 34787 NAL/Acct. No. 200932700002
)
Facility ID Number: 87164 FRN: 000-50080-16
)
Owner of Antenna Structure Numbers
)
1045401, 1045403 and 1045404
)
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October 16, 2008
By the District Director, Tampa 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 WOKB, in
Winter Garden, Florida and owner of antenna structure numbers 1045401,
1045403 and 1045404, apparently willfully and repeatedly violated
Sections 17.50, 73.49, 73.1745(a) and 73.3526 of the Commission's
Rules ("Rules") by failing to clean or repaint its antenna structures
as often as necessary to maintain good visibility, failing to enclose
the antenna tower within an effective locked fence or enclosure,
operating at times with power other than those specified in its the
license, and failing to maintain and make available a complete public
inspection file. 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 twenty five
thousand dollars ($25,000).
II. BACKGROUND
2. On May 1, 2008, in response to a complaint, agents from the
Commission's Tampa Office of the Enforcement Bureau ("Tampa Office"),
monitored station WOKB's transmissions from approximately 6:27 PM
until 9:20 PM. Local sunset was 8:02 PM. The agents took field
strength measurements at 6:27 PM, 7:50 PM, and 9:20 PM and observed no
reduction in the transmissions' field strength.
3. On May 2, 2008, agents from the Tampa Office monitored WOKB's
transmissions from approximately 7:37 PM until 9:30 PM. Local sunset
was 8:03 PM. The agents took field strength measurements at 7:37 and
9:30 PM and observed no reduction in the transmissions' field
strength.
4. On May 3, 2008, agents from the Tampa Office drove to the WOKB
transmitter site in Ocoee, Florida and inspected the paint on antenna
structure #s 1045401 and 1045403. According to the Antenna Structure
Registration ("ASR") database, "Rama Communications, Inc. DBA = WOKB
AM" is the owner of these structures. According to the ASR database,
these antenna structures are required to be painted and lit. The
agents observed that the paint on the structures was extremely faded
and had washed away completely in many areas, leaving the metal
exposed and reducing the towers' visibility.
5. On May 8, 2008, agents from the Tampa Office monitored WOKB's
transmissions from approximately 7:56 PM until 9:35 PM. Local sunset
was 8:06 PM. The agents took field strength measurements at 7:56 PM
and 9:35 PM and observed no reduction in the transmissions' field
strength.
6. On May 9, 2008, agents from the Tampa Office , accompanied by the
station's operations manager, conducted an inspection of AM radio
station WOKB's transmitter and main studio location in Ocoee, Florida
during normal business hours. WOKB was transmitting at the time of the
inspection. No meter readings were available from the WOKB
transmitter. There were no station logs available at the time of
inspection to indicate any problems with WOKB's transmitter.
7. On May 9, 2008, during normal business hours, agents from the Tampa
Office also requested to inspect the station's public inspection file.
Although the station maintained a public inspection file, the
Issues-Program Lists were not available. The station provided an
incomplete list for January, February, and March 2007. The list did
not include the time or duration of the program or a narrative
describing what issues were given significant treatment. The station
had no information in the public inspection file for any other
quarters.
8. Still during the inspection on May 9, 2008, the agents from the Tampa
Office observed that the licensee was currently using only two of its
antenna structures, antenna structure #s 1045402 and 1045404, in its
directional array. When the agents inspected antenna structure #
1045404, they observed that the lock on the tower fence was in place
but the gate was not secured. The lock was placed in the wrong
position on the gate handle. The agents pulled on the door handle, and
it was able to be opened, thus providing the agents complete access to
the base of the tower. They found the door of the tower antenna feed
wire circuit box on the ground, which left the high voltage
transmitting equipment exposed. The weeds and vegetation were
overgrown at the base of the tower, indicating that it had been in
this condition for some time. The agents observed that there was no
perimeter property fence around the property. The agents also
inspected the paint on antenna structure #s 1045401 and 1045403 and
found it to be in the same condition as on May 3, 2008. The paint on
the structures was extremely faded and had left the metal exposed
reducing the towers' visibility.
9. On May 15, 2008, the agents from the Tampa Office re-inspected antenna
structure # 1045404 and found it to be in the same condition as on May
9, 2008. The gate to the tower fence was still not secured, because
the lock was still placed in the wrong position on the gate handle.
The agents were still able to pull on the door handle to gain complete
access to the base of the tower. However, the tower antenna feed wire
circuit box was closed, and the grass and weeds were mowed.
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) 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.
11. Section 17.50 of the Rules requires that antenna structures requiring
painting shall be cleaned or repainted as often as necessary to
maintain good visibility. Antenna structure #s 1045401 and 1045403
are required to be painted because they are over 200 feet in height
above ground. On May 3 and 9, 2008, agents from the Tampa Office
observed that the paint on antenna structure #s 1045401 and 1045403
was extremely faded and had washed away completely in many areas,
leaving the metal exposed and reducing the towers' visibility. The
condition of the paint on both structures was so deteriorated that it
had to have occurred over a long period of time. Based on the evidence
before us, we find that Rama apparently willfully and repeatedly
violated Section 17.50 of the Rules on May 3 and 9, 2008, by failing
to clean or repaint antenna structures #s 1045401 and 1045403 in order
to maintain good visibility.
12. Section 73.49 of the Rules requires antenna towers having radio
frequency potential at the base to be enclosed within effective locked
fences or other enclosures. Antenna structure # 1045404 has radio
frequency potential at its base. On May 9 and 15, 2008, agents from
the Tampa Office observed that antenna structure # 1045404 was not
enclosed within an effective locked fence, because the lock was not
located in the correct place. There was also no perimeter property
fence. The agents were able to gain access to the base of the antenna
structure by pulling on the door handle for the gate. On May 9, 2008,
the agents also observed the cabinet door was missing to the antenna
feed wire circuit box located at the base of the tower, which posed a
serious safety hazard. Based on the evidence before us, we find that
Rama apparently willfully and repeatedly violated Section 73.49 of the
Rules on May 9 and 15, 2008, by failing to enclose the antenna
structure within an effective locked fence or enclosure.
13. Section 73.1745(a) of the Rules requires 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. On May 1, 2, and 8, 2008, agents from the Tampa Office
observed that station WOKB remained on the air post sunset. Station
WOKB is authorized to operate with 10 kilowatts daytime power and 1
kilowatt nighttime power. The official sunset times on May 1, 2, and
8, 2008 were 8:02 PM, 8:03 PM, and 8:06 PM, respectively. The agents
monitored WXYB's transmissions and took signal measurements before and
after sunset and observed no reduction in power on May 1, 2, and 8,
2008. There was no evidence that the station transmitter was
malfunctioning. Based on the evidence before us, we find that Rama
apparently willfully and repeatedly violated Section 73.1745(a) of the
Rules on May 1, 2, and 8, 2008, by failing to reduce power post
sunset.
14. Section 73.3526(a)(2) of the Rules requires broadcast stations to
maintain for public inspection, a file containing materials listed in
that section. Section 73.3526(c)(1) of the Rules states that the file
shall be available for public inspection at any time during regular
business hours. Section 73.3526(e)(12) of the Rules requires a list of
programs that have provided the station's most significant treatment
of community issues during the preceding three month period
("Issues/Programs list") to be placed in the public inspection file.
The list shall include a brief narrative describing what issues were
given significant treatment and the programming that provided this
treatment. The description of the programs shall include, but not be
limited to, the time, date, duration, and title of each program in
which the issue was treated. Copies of the lists must be maintained in
the file until final action has been taken on the station's next
renewal application. On May 9, 2008, in response to a request to
inspect the station's public inspection file during normal business
hours, station WOKB was unable to produce any issues/programs lists.
The station was only able to produce an incomplete list for January,
February, and March 2007. The list that was provided did not include
the time or the duration of the program or a narrative describing what
issues were given significant treatment. There was no evidence that
any other lists had been compiled. Based on the evidence before us, we
find that Rama apparently willfully and repeatedly violated Section
73.3526 of the Rules by failing to maintain a complete public
inspection file and apparently willfully violated Section 73.3526 of
the Rules on May 9, 2008 by failing to make available a complete
public inspection file.
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 failing to comply with prescribed lighting
and marking is $10,000, the base forfeiture amount for unauthorized
emissions is $4,000, the base forfeiture amount for AM tower fencing
is $7,000, and the base forfeiture amount for violation of public
inspection file rules is $10,000. Because station WOKB's public
inspection file contained a portion of the items required, a downward
adjustment of the base forfeiture amount 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)(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 Rama is apparently liable for a
$25,000 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, Rama Communications, Inc.,
is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of twenty five thousand dollars ($25,000) for violations of
Sections 17.50, 73.49, 73.1745(a) and 73.3526 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, 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.
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/Account Number and FRN Number referenced
above. Payment by check or money order may be mailed to Federal
Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
Payment by overnight mail may be sent to U.S. Bank - Government
Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
63101. Payment by wire transfer may be made to ABA Number 021030004,
receiving bank TREAS/NYC, and account number 27000001. For payment by
credit card, an FCC Form 159 (Remittance Advice) must be submitted.
When completing the FCC Form 159, enter the NAL/Account number in
block number 23A (call sign/other ID), and enter the letters "FORF" in
block number 24A (payment type code). Requests for full payment under
an installment plan should be sent to: Chief Financial Officer --
Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
D.C. 20554. Please contact the Financial Operations Group Help Desk
at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions
regarding payment procedures. Rama also will send electronic
notification on the date said payment is made to SCR-Response@fcc.gov.
19. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, South Central Region, Tampa Office,
2203 N. Lois Avenue, Suite 1215, Tampa, Florida, 33607 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. 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. S:S: 17.50, 73.49, 73.1745(a), 73.3526.
47 U.S.C. S: 503(b).
Pursuant to Section 17.21 of the Rules, antenna structures shall be
painted and lighted when they exceed 60.96 meters in height above ground.
47 C.F.R. S: 17.21. Antenna structure #s 1045401 and 1045403 are 88.7
meters in height above ground.
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: 17.50
See 47 C.F.R. S: 17.21.
47 C.F.R. S: 73.49
47 C.F.R. 73.1745(a)
47 C.F.R. S: 73.3526(a)(2).
47 C.F.R. S: 73.3526(c)(1).
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)(E).
47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 17.50,
73.49, 73.1745(a), 73.3526.
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Federal Communications Commission
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Federal Communications Commission