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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Rebus, Inc. ) File No. EB-00-TP-644
)
Licensee of Station WTAL(AM) ) NAL/Acct. No. 200132700003
)
Tallahassee, Florida )
FORFEITURE ORDER
Adopted: February 6, 2001 Released: February
8, 2001
By the Chief, Enforcement Bureau:
I. INTRODUCTION
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of one thousand dollars
($1,000) against Rebus, Inc. (``Rebus'') for willful violation of
Section 11.35(a) of the Commission's Rules (``Rules'').1 The
violation involved Rebus's failure to have Emergency Alert System
(``EAS'') equipment installed and operational at Station
WTAL(AM).
II. BACKGROUND
2. On August 31, 2000, an agent of the Tampa, Florida
Field Office (``Tampa Field Office'') inspected Station WTAL(AM)
in Tallahassee, Florida. During the inspection, the owner and
general manager of the station informed the agent that no EAS
equipment had ever been purchased for the station. Consequently,
Station WTAL(AM) has not been able to participate in the EAS
program.
3. On October 30, 2000, the District Director of the Tampa
Field Office issued a Notice of Apparent Liability (``NAL'') to
Rebus in the amount of $8,000, which is the base amount for this
violation.2 On December 4, 2000, Rebus filed a timely response
to the NAL in which it acknowledges that Station WTAL(AM) had no
EAS equipment. Rebus proffers that it had not purchased EAS
equipment for Station WTAL(AM) for entirely financial reasons.
Further, Rebus requests cancellation or reduction of the
forfeiture amount because of its financial condition and provides
its 1997, 1998, and 1999 tax returns, as well as its financial
statements for the first nine months of 2000, in support of its
request.
III. DISCUSSION
4. For the years 1997, 1998, 1999, and nine months of
2000, Rebus had gross receipts of $162,823; $264,950; $235,215;
and $144,142, respectively. Though Rebus's gross receipts
indicate that it should be able to pay the forfeiture, other
factors lead us to believe that reducing the forfeiture amount,
in this case, is appropriate. Rebus has suffered a cumulative
loss of $389,524 since its inception. It suffered net losses of
$46,163 in 1997; $46,831 in 1998; $11,679 in 1999; and $19,013 in
the first nine months of 2000. The corporation's stockholders
have lent it a considerable amount of money. Further, upon
receiving the Commission's Notice of Violation for not having the
requisite EAS equipment, Rebus had to borrow the equipment
because it was unable to purchase it; and this it did within a
few days after the inspection. Finally, Rebus has lost the lease
for its antenna site and estimates a cost of $50,000 to relocate.
Given Rebus's financial situation, we believe that assessment of
the full forfeiture amount would impose a financial hardship.
Therefore, we conclude that a reduction of the forfeiture amount
to $1,000 is appropriate.
IV. ORDERING CLAUSES
5. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Communications Act of 1934, as amended ("Act"), and
Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,3 Rebus, Inc.
IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand
dollars ($1,000) for violating Section 11.35(a) of the Rules by
operating station WTAL(AM) without the required EAS equipment.
6. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules,4 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.5
Payment may be made by mailing a check or similar instrument,
payable to the order of the "Federal Communications Commission,"
to the Federal Communications Commission, P.O. Box 73482,
Chicago, Illinois 60673-7482. The payment should note NAL/Acct.
No. 200132700003. Requests for full payment under an installment
plan should be sent to: Chief, Credit and Debt Management Center,
445 12th Street, S.W., Washington, D.C. 20554.6
7. IT IS FURTHER ORDERED that, a copy of this Forfeiture
Order shall be sent by Certified Mail Return Receipt Requested to
counsel for Rebus, Inc., Reddy, Begley & McCormick, Attention:
Matthew H. McCormick, 2175 K Street, N.W., Suite 350, Washington,
DC 20037.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. § 11.35(a).
2 See 47 C.F.R. ' 1.80.
3 47 U.S.C. § 503(b); 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
4 47 C.F.R. § 1.80.
5 47 U.S.C. § 504(a).
6 See 47 C.F.R. § 1.1914.