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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of Rama Communications, Inc. Licensee of Station WRHB
   Leesburg, FL 34748 Facility ID # 73913 ) ) ) ) ) ) ) ) File Number:
   EB-09-TP-0067 NAL/Acct. No. 201132700001 FRN: 0005023643




                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: November 1, 2010 Released: November 3, 2010

   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 AM station WRHB,
       in Leesburg, Florida, apparently willfully and repeatedly violated
       Sections 73.1125(a) and 73.3526 of the Commission's Rules ("Rules")^
       by failing to maintain full-time managerial and staff personnel at its
       main studio and failing to maintain and make available a complete
       public inspection file. We conclude that Rama is apparently liable for
       a forfeiture in the amount of twenty-five  thousand dollars ($25,000).

   II. BACKGROUND

    2. On September 3, 2009, in response to a complaint, agents from the
       Enforcement Bureau's Tampa Office ("Tampa Office") conducted an
       inspection during normal business hours of AM Station WRHB's main
       studio and transmitter location in Leesburg, Florida.^ During the
       inspection, agents from the Tampa Office questioned all of the
       individuals present at the main studio, and each stated that they were
       employed by Heartbeat Radio. No managerial or staff personnel employed
       by Rama were present at the main studio or at the transmitter site.
       Heartbeat Radio provides programming for Station WRHB pursuant to a
       time brokerage agreement with Rama.^ During the inspection, the agents
       also requested to inspect the station's public inspection file. The
       staff employed by Heartbeat Radio was unable to produce a complete
       public inspection file for the station. The public inspection file
       that was produced did not contain, among other things, any issues/
       programs lists after June 12, 2007, or a copy of the time brokerage
       agreement. While agents were at the station, Rama faxed to the main
       studio a current copy of its time brokerage agreement with Heartbeat
       Radio.

    3. On October 8, 2009, during normal business hours, agents from the
       Tampa Office revisited Station WRHB's main studio in Leesburg, Florida
       and found two individuals present at the main studio. The owner of
       Heartbeat Radio stated over the telephone that one of the two
       individuals present at the main studio was employed by Rama and had
       begun working at the station less than two weeks prior. The two people
       present were unaware of any other Rama employees working at the main
       studio prior to the recent addition of this Rama employee. The Rama
       employee confirmed that she started less than two weeks ago, was
       unfamiliar with the management and operation of the station, and did
       not appear to have any managerial authority over the station.

   III. DISCUSSION

    4. Section 503(b) of the Communications Act of 1934, as amended ("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.^

    5. Section 73.1125(a) of the Rules requires broadcast stations to
       maintain a main studio.^  The Commission has interpreted section
       73.1125 (also known as the "Main Studio Rule") to require, among other
       things, that a licensee maintain a "meaningful management and staff
       presence" at its main studio.^ Specifically, the Commission has found
       that a main studio "must, at a minimum, maintain full-time managerial
       and full-time staff personnel."^

    6. As discussed above, on September 3, 2009, no full-time managerial or
       full-time staff personnel employed by Rama were present at Station
       WRHB's main studio during normal business hours. On October 8, 2009, a
       full-time staff person employed by Rama was present at the main
       studio, but all Rama and Heartbeat Radio personnel agreed that Rama
       maintained no personnel at the main studio prior to September 23,
       2009. There is no evidence that Rama ever maintained a full-time
       managerial presence at the main studio. The transmitter site was also
       unstaffed on September 3, 2009 and on October 8, 2009. Based on the
       evidence before us, we find that Rama apparently willfully and
       repeatedly violated section 73.1125(a) of the Rules by failing to
       maintain full-time managerial personnel at Station WRHB's main studio
       from September 3, 2009 until October 8, 2009, and failing to maintain
       full-time staff personnel at the main studio from September 3, 2009
       until September 23, 2009.

    7. Section 73.3526 of the Rules states that "[e]very permittee or
       licensee of an AM, FM, TV or a Class A station in the commercial
       broadcast services shall maintain a public inspection file containing
       the material" set forth in this section.^   Section 73.3526(e)(12) of
       the Rules states that  "every three months a list of programs that
       have provided the station's most significant treatment of community
       issues during the preceding three month period [must be maintained in
       the public inspection file]. [ . . . ] The lists described in this
       paragraph shall be retained in the public inspection file until final
       action has been taken on the station's next license renewal
       application."^ The public inspection file must be maintained at the
       main studio of the station,^ and must be available for public
       inspection at any time during regular business hours.^ Section
       73.3526(e)(14) of the Rules states that "a copy of every agreement or
       contract involving time brokerage of the licensee's station or of
       another station by the licensee ... shall be retained as long as the
       contract or agreement is in force [in the public inspection file]."^

    8. As discussed above, on September 3, 2009, in response to a request to
       inspect Station WRHB's public inspection file during regular business
       hours, the staff of Heartbeat Radio was unable to produce a complete
       public inspection file. The file produced was missing the most recent
       eight issues/programs lists as well as a copy of Rama and Heartbeat
       Radio's time brokerage agreement. Although Rama ultimately faxed the
       current copy of its current time brokerage agreement for the station
       during the inspection, it was unable to produce any of the missing
       issues/programs lists. There is no evidence that Station WRHB ever had
       a complete public inspection file.  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 by failing to make available a complete public inspection
       file.

    9. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for violations of the
       Main Studio Rule is $7,000, and the base forfeiture amount for not
       maintaining or making available a public inspection file is $10,000.^
       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, any history of prior offenses, ability to pay, and other
       such matters as justice may require.^ Rama previously violated
       Sections 73.1125(a) and 73.3526 of the Rules and has received prior
       forfeitures and Notices of Violation for these violations.^
       Accordingly, we believe an upward adjustment of the forfeiture is
       warranted. Thus, 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 forfeiture in the amount
       of $25,000. We caution Rama that future violations of Commission rules
       may result in more severe enforcement penalties, including
       significantly larger forfeitures.^

   IV. ORDERING CLAUSES

   10. 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 73.1125(a) and 73.3526  of the Rules.^

   11. 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.

   12. Payment of the forfeiture must be made by credit card, check or
       similar instrument, payable to the order of the Federal Communications
       Commission. The payment must include the 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.^   If you have questions, please contact the
       Financial Operations Group Help Desk at 1-877-480-3201 or Email:
       ARINQUIRIES@fcc.gov. Rama Communications, Inc. shall also send
       electronic notification on the date said payment is made to
       SCR-Response@fcc.gov.

   13. The written statement seeking reduction or cancellation of the
       proposed forfeiture, if any, must include a detailed factual statement
       supported by appropriate documentation and affidavits pursuant to
       sections 1.80(f)(3) and 1.16 of the Rules. The written statement must
       be mailed to Federal Communications Commission, Enforcement Bureau,
       South Central Region, Tampa Office, 4010 W Boy Scout Blvd, Suite 425,
       Tampa, FL 33607 and must include the NAL/Acct. No. referenced in the
       caption. The statement should also be mailed to SCR-Response@fcc.gov.

   14. 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.

   15. 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 Barlow

   District Director,

   Tampa Office

   South Central Region

   Enforcement Bureau

   ^ 47 C.F.R. SS 73.1125(a), 73.3526.

   ^ At the time of the inspection, the station's call sign was WQBQ. The
   call sign was changed to WRHB effective September 7, 2009. For purposes of
   this NAL, the station will be referred to as Station WRHB.

   ^ Time Brokerage Agreement between Heartbeat Radio and Rama.

   ^ 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, e.g., Southern California Broadcasting
   Co., Memorandum Opinion and Order, 6 FCC Rcd 4387 (1991), recon. denied, 7
   FCC Rcd 3454 (1992).

   ^ 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).

   ^ Amendment of Sections 73.1125 and 73.1130 of the Commission's Rules, the
   Main Studio and Program Origination Rules for Radio and Television
   Broadcast Stations, Memorandum Opinion and Order, 3 F.C.C.R. 5024, 5026
   (1988), erratum issued, 3 FCC Rcd 5717 (1988) (correcting language in
   n.29).

   ^ See  Jones Eastern of the Outer Banks, Inc., Memorandum Opinion and
   Order, 6 FCC Rcd 3615, 3616 (1991)  ("Jones Eastern") (noting that, "This
   is not to say that the same staff person and manager must be assigned
   full-time to the main studio. Rather, there must be management and staff
   presence on a full-time basis during normal business hours to be
   considered `meaningful.'"),  clarified,  7 FCC Rcd 6800 (1992)  ("Jones
   Eastern II"). See also Birach Broadcasting Corporation, Notice of Apparent
   Liability, 25 FCC Rcd 2635 (Enf. Bur. 2010).

   ^ 47 C.F.R. S 73.3526(a)(2).

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

   ^ 47 C.F.R. S 73.3526(b).

   ^ 47 C.F.R. S 73.3526(c).

   ^ 47 C.F.R. S 73.3526(e)(14).

   ^ The Commission's Forfeiture Policy Statement and Amendment of Section
   1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and
   Order, 12 FCC Rcd 17087 (1997), ("Forfeiture Policy Statement"), recon.
   denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S 1.80.

   ^ 47 U.S.C. S 503(b)(2)(E).

   ^ See Rama Communications, Inc., Forfeiture Order, 22 FCC Rcd 13796 (Enf.
   Bur. 2007) (finding Rama violated, among other Rules, Sections 73.1125(a)
   and 73.3526); see also Rama Communications, Inc., Forfeiture Order, 23 FCC
   Rcd 14931 (Enf. Bur. 2008), petition denied, Memorandum Opinion and Order,
   23 FCC Rcd 18209 (Enf. Bur. 2008) (finding Rama violated, among other
   Rules, Section 73.3526); Rama Communications, Inc., Forfeiture Order, 19
   FCC Rcd 24802 (Enf. Bur. 2004), petition denied, Memorandum Opinion and
   Order, 22 FCC Rcd 1104 (Enf. Bur. 2007) (finding Rama violated, among
   other Rules, Section 73.3526); Rama Communications, Inc., NOV No.
   V20063270002 (Tampa Office, May 16, 2006) (finding Rama violated, among
   other Rules, Section 73.3526(e)(13)); Rama Communications, Inc., NOV No.
   V20053270002 (Tampa Office, November 1, 2004) (finding Rama violated,
   among other Rules, Sections 73.3526(e)(8) and 73.3526(e)(12)).

   ^ We further remind Rama that licensees have a duty to be truthful and
   candid with the Commission in all written and oral communications. See 47
   C.F.R. S1.17. In addition to monetary forfeitures, violations of this duty
   also may subject licensees to license revocation or non-renewal. See,
   e.g., 47 U.S.C. S312(a)(1).

   ^ 47 U.S.C. S 503(b); 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 73.1125(a),
   73.3526.

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 10-2094

                                       2

   Federal Communications Commission DA 10-2094