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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                 )
                                )
                                )
Clamor Broadcasting Network,     )    File No. EB-03-SJ-019
Inc.                             )    NAL/Acct. No. 200332680004
Owner of Antenna Structure       )    FRN 0008-4033-88
located atop of the              )
Atlantico Condominium of 
Naranjal Street, Levittown, 
Puerto Rico
Bayamon, Puerto Rico 

                  MEMORANDUM OPINION AND ORDER

     Adopted:     July 6, 2005               Released:    July 8, 
     2005

By the Acting Chief, Enforcement Bureau:

     1.   In this Memorandum Opinion and Order (``Order''), we 
deny the petition for reconsideration filed by Clamor 
Broadcasting Network, Inc. (``Clamor''), the former licensee of 
station WPLI and the current owner of its antenna structure,1 of 
the Forfeiture Order2 issued July 28, 2004, in the amount of 
three thousand dollars ($3,000) for willful and repeated 
violation of Section 17.4(a) of the Commission's Rules 
(``Rules'').3  The noted violation involves Clamor's failure to 
register its antenna structure.

     2.   On April 14, 2003, the Commission's San Juan, Puerto 
Rico Office (``San Juan Office'') issued a Notice of Apparent 
Liability for Forfeiture (``NAL'') to Clamor in the amount of 
three thousand dollars ($3,000).4  In its response, Clamor 
claimed that it attempted to register WPLI's antenna structure 
and did not willfully violate Section 17.4(a) of the Rules.  In 
the Forfeiture Order, the Bureau rejected Clamor's arguments and 
imposed a forfeiture of $3,000.  In its petition for 
reconsideration, filed on August 20, 2004, Clamor does not 
contest the violation but seeks cancellation or reduction of the 
forfeiture on the basis of economic hardship, particularly 
operating losses, and has submitted copies of financial 
statements for 2001 and 2002 as support.  The information in 
Clamor's 2002 financial statement is consolidated with financial 
information from another entity.  Therefore, only the financial 
statement for 2001 contains useful information.  In analyzing a 
financial hardship claim, the Commission generally considers 
gross revenues from the three most recent tax years to be a 
reasonable and appropriate yardstick in determining whether a 
licensee is able to pay the assessed forfeiture.5  Even though 
Clamor apparently sustained operating losses during 2001, this 
information does not establish that Clamor is unable to pay the 
forfeiture.6  After reviewing Clamor's claim and the relevant 
supporting documentation, we find no justification for canceling 
or reducing the forfeiture amount on the basis of economic 
hardship.

     3.   We have considered the forfeiture amount and we have 
examined Clamor's petition for reconsideration pursuant to the 
statutory factors prescribed by Section 503(b)(2)(D) of the 
Communications Act of 1934, as amended (``Act''),7 and in 
conjunction with the  Forfeiture Policy Statement as well.  As a 
result of our review, we conclude that neither reduction nor 
cancellation of the monetary forfeiture is warranted and that the 
Forfeiture Order should be affirmed.   

     4.   Accordingly, IT IS ORDERED that, pursuant to Section 
405 of Act8 and Section 1.106 of the Rules,9 the petition for 
reconsideration filed by Clamor Broadcasting Network, Inc., on 
August 20, 2004, IS DENIED and the Forfeiture Order IS AFFIRMED. 
     5.   Payment of the forfeiture shall be made in the manner 
provided for in Section 1.80 of the Rules within 30 days of the 
release of this Order.  If the forfeiture is not paid within the 
period specified, the case may be referred to the Department of 
Justice for collection pursuant to Section 504(a) of the Act.10  
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.  Requests for full payment under an 
installment plan should be sent to: Chief, Revenue and 
Receivables Operations Group, 445 12th Street, S.W., Washington, 
D.C. 20554.11

     6.   IT IS FURTHER ORDERED that a copy of this Order shall 
be sent by First Class and Certified Mail, Return Receipt 
Requested, to Clamor Broadcasting Network, Inc., P.O. Box 40000, 
Bayamon, Puerto Rico 00958-9000, and to its counsel, James L. 
Oyster, Esq., 108 Oyster Lane, Castleton, VA 22716.   

                              FEDERAL COMMUNICATIONS COMMISSION
                         

                              Kris A. Montieth
                              Acting Chief, Enforcement Bureau


_________________________

1 The license for WPLI (formerly WKVN-FM) was assigned from 
Clamor to Family Education Association, Inc., on April 7, 2004.  
However, Clamor remains the registered owner of the antenna 
structure.
2 Clamor Broadcasting Network, Inc., 19 FCC Rcd 14028 (Enf.  Bur. 
2004).
3 47 C.F.R. § 17.4(a).  
4 See Notice of Apparent Liability for Forfeiture, NAL/Acct.  No. 
200332680004 (Enf. Bur., San Juan Office, April 14, 2003).  
5See Commission's Forfeiture Policy Statement and Amendment of 
Section 1.80 of the Rules to Incorporate the Forfeiture 
Guidelines, (``Forfeiture Policy Statement''), 12 FCC Rcd 17087, 
17106-07 ¶ 43 (1997), recon. denied, 15 FCC Rcd 303 (1999).  
6See PJB Communications of Virginia, Inc., 7 FCC Rcd 2088 (1992).
7 47 U.S.C. § 503(b)(2)(D).
8 47 U.S.C. § 405.
9 47 C.F.R. § 1.106.
10 47 U.S.C. § 504(a).
11 See 47 C.F.R. § 1.1914.