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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                             )                               
     In the Matter of                                                        
                                             )                               
     Visionary Related Entertainment,                                        
     L.L.C.                                  )   File Number: EB-08-HL-0178  
                                                                             
     Licensee of FM Broadcast Station        )   NAL/Acct. No. 200932860001  
     KTBH-FM                                                                 
                                             )        FRN: 0010123404        
     Kurtistown, Hawaii                                                      
                                             )                               
     Facility ID #164281                                                     
                                             )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                  Released: December 23, 2008

   By the Resident Agent, Honolulu Resident Agent Office, Western Region,
   Enforcement Bureau:

   I. INTRODUCTION

   1.  In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
   that Visionary Related Entertainment, L.L.C. ("Visionary"), licensee of FM
   Broadcast station KTBH-FM, in Kurtistown, Hawaii, apparently willfully and
   repeatedly violated Section  1.1310 of the Commission's Rules ("Rules") by
   failing to comply with radio frequency radiation ("RFR") maximum
   permissible exposure limits applicable to facilities, operations, or
   transmitters. We conclude, pursuant to Section 503(b) of the
   Communications Act of 1934, as amended ("Act"), that Visionary is
   apparently liable for a forfeiture in the amount of ten thousand dollars
   ($10,000).

   II. BACKGROUND

   2.  The RFR Rules. Section 1.1310 of the Rules defines the maximum
   permissible exposure ("MPE") limits for electric and magnetic field
   strength and power density for transmitters operating on towers at
   frequencies from 300 kHz to 100 GHz. These MPE limits include limits for
   "occupational/controlled" exposure and limits for "general
   population/uncontrolled" exposure. The occupational exposure limits apply
   in situations in which persons are exposed as a consequence of their
   employment provided those persons are fully aware of the potential for
   exposure and can exercise control over their exposure. The limits of
   occupational exposure also apply in situations where an individual is
   transient through a location where the occupational limits apply, provided
   that he or she is made aware of the potential for exposure. The more
   stringent general population or public exposure limits apply in situations
   in which the general public may be exposed, or in which persons that are
   exposed as a consequence of their employment may not be fully aware of the
   potential for exposure or cannot exercise control over their exposure.
   Licensees can demonstrate compliance by restricting public access to areas
   where RFR exceeds the public MPE limits.

   3.  The MPE limits specified in Table 1 of Section 1.1310 are used to
   evaluate the environmental impact of human exposure to RFR and apply to
   "...all facilities, operations and transmitters regulated by the
   Commission."  Table 1 provides that the general population RFR maximum
   permissible exposure limit for a station operating in the frequency range
   of 30 MHz to 300 MHz is 0.200 mW/cm2.  Broadcast stations that filed
   applications after October 15, 1997, for an initial construction permit,
   license, renewal or modification of an existing license were required to
   demonstrate compliance with the new RFR MPE limits, or to file an
   Environmental Assessment and undergo environmental review by Commission
   staff. In addition, all existing licensees were required to come into
   compliance with the new RFR MPE limits by September 1, 2000, or to file an
   Environmental Assessment.

   4.  KTBH-FM  License Application. In its license  application for 
   KTBH-FM, Visionary included a Special Operating Conditions Statement
   concerning the RFR levels at and around the KTBH-FM transmitter site.  In
   the Special Operating Statement, Visionary acknowledged that at 50kW ERP,
   the KTBH-FM antenna will produce a calculated maximum field intensity
   level of 165.49 microwatts per square centimeter [(0.16549 mW/cm2)] at a
   distance of 12.5 meters [41.25 feet] from the base of the tower.  In its
   application Visionary states that "this is just over 80% of the public
   limit, and complies with FCC and ANSI regulations and limitations
   concerning RF exposure to the general public."

   5. The KTBH-FM Inspection. The KTBH-FM transmitter site is located in 
   Hilo, Hawaii. KTBH-FM is licensed to operate at 50 kW ERP. The KTBH-FM
   antenna system is a four bay Jampro JHHP-4, horizontally polarized, and
   side mounted on an existing AM tower, utilized by the co-located AM radio
   stations KHBC (1060 kHz) and KHLO (850 kHz). The transmitter site is in a
   residential area at the northeast corner of Auwae Road and Kahaopea
   Street. There is a residence on the adjacent lot along Auwae Road, and a
   junkyard on the rear adjacent lot. The property boundary is lined with
   light foliage and trees, and is not fenced. A 100-foot gravel and grass
   driveway off of Auwae Road allows unrestricted site access to the
   property. The driveway leads up to the antenna structure and several
   buildings located in a 70 foot by 80 foot area enclosed within a secure
   chain link fence. The antenna structure is located approximately in the
   middle of the 70 foot by 80 foot rectangular fenced area. The antenna
   structures guy wires extend far beyond the fence. The transmitter building
   is located just north of the antenna structure inside the enclosed
   fencing. One RF radiation caution sign is posted on the north side of the
   fence near the entry gate.

   6.  On June 25, 2008, a Honolulu agent conducted an inspection at the
   KTBH-FM  transmitter site. The agent first employed a personal RF monitor 
   to identify and mark two  large rectangular areas  of potential high RFR 
   outside the fence. On the east side of the fence, the agent marked a large
   rectangular area of concern that extended 10 feet out from the fence and
   that ran along the entire 80 foot length of the fence.   On the west side
   of the fence, the agent marked another large rectangular area of concern
   that extended 15 feet out from the fence and that ran along the entire 80
   foot length of the fence.  In these two rectangular areas of concern, the
   fence enclosing the transmitter site is less than 30 feet from the tower.
   No RFR warning signs were posted on the east or west facing fence and the
   one RF caution sign on the north side of the fence was not visible from
   the areas of concern. The agent marked four spots within the areas of
   concern outside the fence, ranging from 40 feet to 70 feet from the
   antenna structure  tower and from 5 to 10 feet outside the fence, to
   conduct detailed measurements utilizing a calibrated RFR meter and probe
   and employing a spatial averaging measurement technique  where
   measurements in four quadrants are averaged to give a representative
   reading for each location.   Public RFR MPE levels were exceeded
   throughout these  two areas of concern of approximately 800 and 1200
   square feet, respectively, ranging from 0.28 mW/cm 2 to 0.46 mW/cm 2 (140
   to 230% of the public MPE limits). 

    7. On June 26, 2008, the Honolulu agent conducted a follow-up inspection
       at the KTBH-FM transmitter site with a contract engineer for
       co-located AM radio station KHBC. At the time of the inspection, the
       transmitter power output (TPO) was 12,200 watts. Using an antenna
       power gain of 4.2 as specified in the Jampro Antenna Specification
       Engineering Data, and a line loss of 0.214 dB, the station effective
       radiated power (ERP) was 48.77 kW, which is 97.5% of the licensee's
       authorized ERP. Again, the agent employed a personal RF monitor  to
       identify the same two  large rectangular areas  of concern, along the
       eastern and western faces of the fence. The areas  extended
       approximately 10 feet by 80 feet along the eastern face of the fence,
       and 15 feet by 80 feet along the western face of the fence.  
       Measurements were again conducted at four locations  within the two
       areas of concern, ranging from 40 to 70 feet from the tower,  and from
       5 to 10 feet outside the fence, using a calibrated RFR meter.  The
       agents employed a spatial averaging measurement technique, where
       measurements in four quadrants are averaged to give a representative
       reading for each location.   Again, public RFR MPE levels were
       exceeded  in the areas of concern, ranging from 0.30 mW/cm 2 to 0.49
       mW/cm2 (150 to 245% of the public MPE limits).

    8. On-off tests were then conducted, which confirmed that only KTBH-FM
       contributed more than 5% of the measured RFR levels. Working with the
       contract engineer who gradually lowered the power of KTBH-FM, the
       agent conducted RFR measurement at various power levels and determined
       that at a 50% power level  KTBH-FM would not produce RFR in excess of
       the public MPE limits in publically accessible areas.  The contract
       engineer set the KTBH-FM transmitter at 50% power and notified
       KTBH-FM.

    9. On July 11, 2008, the KTBH-FM contract engineer advised the agent that
       he conducted RFR measurements using his own calibrated RFR meter and
       confirmed the non-compliant RFR levels in the same areas identified by
       the agent.

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

   11. Section 1.1310 of the Rules requires licensees to comply with RFR
   exposure limits. Table 1 in Section 1.1310 of the Rules provides that the
   general population RFR maximum permissible exposure limit for a station
   operating in the frequency range of 30 MHz to 300 MHz is 0.200 mW/cm2.

   12. Public access to the KTBH-FM transmitter site is unrestricted. The
   general population or public exposure limits apply in situations where the
   general public may be exposed, or in which persons that are exposed as a
   consequence of their employment may not be fully aware of the potential
   for exposure or cannot exercise control over their exposure. Given the
   statements made by Visionary in its Special Operating Conditions 
   Statement, we find that Visionary was aware of the RFR MPE limits for the
   general public in the areas of concern surrounding the transmitter site.
   While it appears that Visionary determined that calculated fields would
   comply with FCC and ANSI regulations and limitations concerning RF
   exposure to the general public, we find that no actual measurements were
   performed to confirm compliance. We also find that Visionary did not
   restrict access to areas where RFR exceeded the public MPE limits on June
   25 and June 26, 2008. Visionary bears the responsibility to restrict
   access to areas that exceed the RFR limits or to modify the facility and
   operation so as to bring the station's operation within the RFR exposure
   limits prior to public or worker access to the impacted area. Based on
   these findings, Visionary's violation is willful. The violation occurred
   on more than one day, and is therefore repeated.

   13. Based on the evidence before us, we find that Visionary apparently
   willfully and repeatedly violated Section 1.1310 of the Rules by exceeding
   the public RFR MPE limits in an area accessible by the public or by
   workers who were not fully aware of the potential for exposure, and by
   failing to adequately take measures to prevent access to an area that
   exceeded the RFR exposure limits.

   14. The Commission's Forfeiture Policy Statement and Amendment of Section
   1.80(b) of the Rules to Incorporate the Forfeiture Guidelines ("Forfeiture
   Policy Statement") does not specify a base forfeiture for violation of the
   RFR maximum permissible exposure limits in Section 1.1310. However, the
   Commission has determined that an appropriate base forfeiture amount for
   violation of the RFR MPE limits is $10,000, reflecting the public safety
   nature of the RFR rules. 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 Visionary is apparently liable for a $10,000 forfeiture.

   IV. ORDERING CLAUSES

   15. 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, Visionary Related Entertainment,
   L.L.C.  is hereby NOTIFIED of this APPARENT LIABILITY FOR  A FORFEITURE in
   the amount of ten thousand dollars ($10,000) for violations of Section
   1.1310 of the Rules.

   16.  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, Visionary Related Entertainment,
   L.L.C. SHALL PAY the full amount of the proposed forfeiture or SHALL FILE
   a written statement seeking reduction or cancellation of the proposed
   forfeiture.

   17. 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.  Visionary Related
   Entertainment, L.L.C., shall also send electronic notification on the date
   said payment is made to WR-Response@fcc.gov.

   18. The response, if any, must be mailed to Federal Communications
   Commission, Enforcement Bureau, Western Region, Honolulu Resident Agent
   Office, P.O. Box 971030, Waipahu, HI 96797-1030 and must include the
   NAL/Acct. No. referenced in the caption. An electronic copy shall be sent
   to WR-Response@fcc.gov.

   19. 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.

   20.  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 Visionary Related Entertainment, L.L.C.

   FEDERAL COMMUNICATIONS COMMISSION

   Ryan Hagihara

   Resident Agent

   Honolulu Office 

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 1.1310. See also Guidelines for Evaluating the Environmental
   Effects of Radiofrequency Radiation, Report and Order, ET Docket No.
   93-62, 11 FCC Rcd 15123 (1996), recon. granted in part, First Memorandum
   Opinion and Order, 11 FCC Rcd 17512 (1996), recon. granted in part, Second
   Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd
   13494 (1997) ("Guidelines").

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

   See 47 C.F.R. S: 1.1310, Table 1. The MPE limits are generally based on
   recommended exposure guidelines published by the National Council on
   Radiation Protection and Measurements ("NCRP") in "Biological Effects and
   Exposure Criteria for Radiofrequency Electromagnetic Fields," NCRP Report
   No. 86, Sections 17.4.1, 17.4.1.1., 17.4.2, and 17.4.3 (1986). In the
   frequency range from 100 MHz to 1500 MHz, the MPE limits are also
   generally based on guidelines contained in the RF safety standard
   developed by the Institute of Electrical and Electronics Engineers, Inc.
   ("IEEE") and adopted by the American National Standards Institute ("ANSI")
   in Section 4.1 of "IEEE Standard for Safety Levels with Respect to Human
   Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz,"
   ANSI/IEEE C95.1-1992 (1992).

   47 C.F.R. S: 1.1310, Note 1 to Table 1.

   47 C.F.R. S: 1.1310, Note 2 to Table 1.

   See, for example, OET Bulletin 65.

   See 47 C.F.R. S:S: 1.1307(b), 1.1307(b)(1), 1.1310.

   47 C.F.R. S: 1.1310.

   Guidelines,  Second Memorandum Opinion and Order and Notice of Proposed
   Rulemaking, 12 FCC Rcd at 13538;

   47 C.F.R. S: 1.1307(b).

   Guidelines,  Second Memorandum Opinion and Order and Notice of Proposed
   Rulemaking, 12 FCC Rcd at 13540; 47 C.F.R. S: 1.1307(b)(5). See also,
   Public Notice, Year 2000 Deadline for Compliance with Commission's
   Regulations Regarding Human Exposure to Radiofrequency Emissions (released
   Feb. 25, 2000); Public Notice, Erratum to February 25, 2000 Public Notice,
   15 FCC Rcd 13600 (released April 27, 2000); Public Notice, Reminder of
   September 1, 2000, Deadline for Compliance with Regulations for Human
   Exposure to Radiofrequency Emissions, 15 FCC Rcd 18900 (released Aug. 24,
   2000).

   File No. BLH-20080324AFT, Special Operating Conditions Statement ("Special
   Operating Conditions Statement").

   Special Operating Conditions Statement at 1.

   Special Operating Conditions Statement at 1 - 2.

   The personal RF monitor LED lit continually throughout this area, and the
   unit emitted an audible warning, indicating the RFR in the area likely
   exceeded the public RFR MPE.

   The personal RF monitor LED lit continually throughout this area, and the
   unit emitted an audible warning, indicating the RFR in the area likely
   exceeded the public RFR MPE.

   The personal RF monitor LED lit continually throughout this area, and the
   unit emitted an audible warning, indicating the RFR in the area likely
   exceeded the public RFR MPE.

   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: 1.1310.

   47 C.F.R. S: 1.1310. See Entravision Holdings, LLC, 22 FCC Rcd 21718 (EB
   2007).

   47 C.F.R. S:S: 1.1307(b)(1), 1.1307(b)(5), 1.1310. Additional guidance is
   provided in OET Bulletin 65.

   47 C.F.R. 1.1310

   Forfeiture Policy Statement and Amendment of Section 1.80(b) of the Rules
   to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon
   denied, 15 FCC Rcd 303 (1999).

   The fact that the Forfeiture Policy Statement does not specify a base
   amount does not indicate that no forfeiture should be imposed. The
   Forfeiture Policy Statement states that "... any omission of a specific
   rule violation from the ... [forfeiture guidelines] ... should not signal
   that the Commission considers any unlisted violation as nonexistent or
   unimportant. Forfeiture Policy Statement, 12 FCC Rcd at 17099. The
   Commission retains the discretion, moreover, to depart from the Forfeiture
   Policy Statement and issue forfeitures  on a case-by-case basis, under its
   general forfeiture authority contained in Section 503 of the Act. Id.

   A-O Broadcasting Corporation, 17 FCC Rcd 24184 (2002).

   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, 1.1310.

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       6

   Federal Communications Commission