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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                   )                                
                                                                    
     In the Matter of              )                                
                                                                    
     Entravision Holdings, LLC     )        File No.: EB-04-TP-161  
                                                                    
     Licensee of Station WVEA-LP   )   NAL/Acct. No.: 200532700004  
                                                                    
     Tampa, Florida                )               FRN: 0001529627  
                                                                    
     Facility ID # 3602            )                                
                                                                    
                                   )                                


                                FORFEITURE ORDER

   Adopted: February 2, 2007 Released: February 6, 2007

   By the Regional Director, South Central Region, Enforcement Bureau:

   I. introduction

    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of twenty-five thousand dollars ($25,000) to Entravision
       Holdings, LLC ("Entravision"), licensee of station WVEA-LP, 662-668
       MHz, in Tampa, Florida, for willful and repeated violation of Section
       1.1310 of the Commission's Rules ("Rules") by failing to comply with
       radio frequency radiation ("RFR") maximum permissible exposure ("MPE")
       limits applicable to facilities, operations, or transmitters. On
       January 5, 2005, the Enforcement Bureau's Tampa Office issued a Notice
       of Apparent Liability for Forfeiture to Entravision in the amount of
       twenty-five thousand dollars ($25,000) for the apparent willful and
       repeated violation of Section 1.1310 of the Rules. In this Order, we
       consider Entravision's arguments concerning the appropriate MPE limit
       that should be applied; that its alleged violation was neither willful
       nor repeated; and that it complied with requests made by Tampa Office
       agents during and after the inspections conducted by that office.

   II. background

    2. The RFR MPE limits, which are set forth in Section 1.1310 of the
       Rules, 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. Entravision certified WVEA-LP was in compliance with the RFR MPE
       limits in its application for a minor change to its licensed facility
       at the Park Tower Office Building ("Park Tower") located at 400 North
       Tampa Street, Tampa, Florida ("WVEA-LP 2004 Modification
       Application"). An exhibit to the application stated that access to the
       transmitting site would be restricted and properly marked with warning
       signs. In addition, the exhibit stated that an agreement among the
       licensees at Park Tower containing appropriate measures to assure
       worker safety would be in effect in the event that workers or
       authorized personnel enter the restricted area.

    4. On May 25, 2004, Tampa Office agents, in response to a complaint,
       inspected the Park Tower rooftop. Access to the main rooftop was
       restricted to individuals with special keycards. Signs on the rooftop
       access doors stated that areas on the rooftop exceed the Commission's
       public RFR limits. However, the signs did not indicate which areas on
       the rooftop exceeded the public or general population RFR limits. The
       agents continued to the penthouse rooftop, which was restricted by an
       additional lock controlled by the front desk and accessed without
       passing by the warning signs on the main rooftop access doors. There
       were no RFR warning signs found on the penthouse rooftop, penthouse
       rooftop access door to the stairwell, inside the stairwell, or on the
       hatch itself. While surveying the penthouse rooftop, a Tampa agent,
       using a calibrated RFR meter, found that approximately 75% of the
       penthouse rooftop exceeded the general population/uncontrolled RFR MPE
       limit. The agent also found an unmarked and un-posted area within an
       8-10 foot radius of a tower containing a UHF TV antenna, later
       identified as belonging to station WVEA-LP, exceeding the
       occupational/controlled RFR MPE limit and which also greatly exceeded
       the general population/uncontrolled RFR MPE limit. Park Tower's chief
       engineer, who accompanied the agents on this inspection, stated he and
       his personnel were not aware of areas exceeding the general population
       and occupational limits on the penthouse rooftop pointed out to him by
       the agent. The building's chief engineer stated that he and his
       personnel access this rooftop on a fairly regular basis to inspect it
       for maintenance and to conduct roofing repairs. He also stated that
       neither he nor any of his maintenance crew or subcontractors had
       received any training with respect to RFR hazards.

    5. On June 18, 2004, a Tampa Office agent returned to the penthouse
       rooftop of Park Tower, gathered more information, and made additional
       measurements. The agent found power density levels in excess of the
       RFR MPE general population and occupational limits, similar to those
       detected on May 25, 2004. There were no RFR warning signs posted in
       the stairwell that accessed the penthouse rooftop or on the penthouse
       rooftop itself.

    6. On July 1, 2004, the WVEA-LP station engineer accompanied Tampa agents
       on their inspection of the penthouse rooftop. Before conducting any
       testing, the station engineer stated he knew that areas near his
       antenna exceeded the occupational limits and that the area should have
       been posted with warning signs to alert those accessing the roof of
       the hazard. The Tampa agents then conducted on-air and off-air
       measurements to determine the level of WVEA-LP's contribution. With
       WVEA-LP on the air, the un-posted, unmarked area near the WVEA-LP
       antenna exceeded the occupational/controlled RFR MPE limit and also
       greatly exceeded the general population/uncontrolled RFR MPE limit,
       consistent with the agents' May 25, 2004 measurements. When WVEA-LP
       was taken off the air, the agents' measurements revealed that WVEA-LP
       was responsible for the majority of both the general
       public/uncontrolled RFR MPE limit and the occupational/controlled RFR
       MPE limit. The agents warned the station engineer of this RFR
       violation. The agent informed the WVEA-LP engineer that to comply with
       the RFR requirements the station should post warning signs in the
       stairwell entrance and the rooftop to identify the areas exceeding the
       RFR limits, especially those exceeding the occupational limit. The
       agent also suggested that the station work with the building's chief
       engineer to restrict access to the specific area exceeding the
       occupational limits and only allow those having RFR training to access
       the area. Finally, the agent suggested that, in addition to the
       required RFR training, the station could offer building workers, who
       access the rooftop, individual RFR warning devices.

    7. On July 16, 2004, Tampa agents conducted another inspection of the
       penthouse rooftop. Entravision placed a small, framed caution sign in
       the stairwell to the penthouse roof hatch that listed contact
       information for the station engineer. Entravision marked with yellow
       paint the penthouse rooftop area exceeding the occupational/controlled
       RFR MPE limit, but did not place warning signs on the penthouse
       rooftop itself. Agents conducted measurements similar to those
       conducted on July 1 with the four licensees located at the site. With
       all four stations on the air, the area near the WVEA-LP antenna
       exceeded the occupational/controlled RFR MPE limit and also greatly
       exceeded the general population/uncontrolled RFR MPE limit, consistent
       with the agents' May 25, 2004, and July 1, 2004, measurements. After
       station WVEA-LP was taken off the air, the agents determined that
       WVEA-LP was responsible for the majority of RFR which exceeded both
       the general public/uncontrolled RFR MPE limit and the
       occupational/controlled RFR MPE limit. The station engineer for
       WVEA-LP was warned by the Tampa agents that the sign posted in the
       stairwell was inadequate due to its size and its poor visibility in
       the darkened stairwell. The agents again explained to the station
       engineer the RFR requirements.

    8. On July 20, 2004, a Tampa agent contacted the WVEA-LP station engineer
       to discuss the July 16^th inspection. The station engineer stated he
       had not yet posted a sign on the rooftop or spoken with the building's
       chief engineer. The agent reminded the station engineer of the
       station's responsibility to comply with the Commission's RFR
       requirements.

    9. On August 17, 2004, an agent re-inspected the penthouse rooftop of
       Park Tower. There was no sign posted on the penthouse rooftop as
       requested on July 1, 16, and 20 or on the tower itself as requested on
       July 16, and 20. The building's chief engineer stated the WVEA-LP
       engineer spoke to him regarding the yellow lines painted on the roof,
       but had not discussed any policy to limit rooftop access only to those
       with RFR training.

   10. On September 30, 2004, agents re-inspected the penthouse rooftop. The
       agents found power density levels in excess of the RFR MPE general
       population and occupational limits, similar to those previously
       detected. Entravision had placed a sign on its tower that cautioned
       workers that the yellow striped area exceeded safe occupational
       levels. The sign, however, did not list any station contact
       information to enable workers to inquire as to the level of the RFR on
       the penthouse rooftop.

   11. On October 26, 2004, the building's chief engineer stated that
       Entravision had not yet contacted him to restrict access to the
       penthouse rooftop to only workers who had received RFR training. On
       November 5, 2004, the building's chief engineer contacted the Tampa
       office and stated that station WVEA-LP told him that the transmitter
       power had been reduced and the penthouse rooftop was now well below
       the occupational limits. Agents made measurements the same day and
       confirmed there were no areas on the penthouse rooftop that exceeded
       the occupational/controlled RFR MPE limit. There were areas, however,
       that were still well above the general population/uncontrolled limits.

   12. On January 5, 2005, the Tampa Office issued a NAL to Entravision in
       the amount of $25,000 for the apparent willful and repeated violation
       of Section 1.1310 of the Rules. Entravision filed a response to the
       NAL on February 24, 2005, requesting that the forfeiture be cancelled
       or reduced. In its response, Entravision does not dispute the RFR
       measurements discussed in the NAL, nor does Entravision dispute that
       it was responsible for a majority contribution of the RFR MPE limits
       on the Park Tower penthouse rooftop. Instead, Entravision argues that
       the RFR present on the penthouse roof should be treated under the
       occupational/controlled MPE limits for RFR, not the general population
       limits. Entravision also argues that the alleged violation was neither
       willful nor repeated, and that it made good faith efforts to comply
       with the requests made by Tampa Office agents during and after the
       inspections conducted by that office.

   III. discussion

   13. The proposed forfeiture amount in this case was assessed in accordance
       with Section 503(b) of the Act, Section 1.80 of the Rules, and The
       Commission's Forfeiture Policy Statement and Amendment of Section 1.80
       of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd
       17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture Policy
       Statement"). In examining Entravision's response, Section 503(b) of
       the Act requires that the Commission take into account the nature,
       circumstances, extent and gravity of the violation 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.

   14. Section 1.1310 of the Rules requires licensees to comply with
       occupational and general population MPE limits for electric and
       magnetic field strength and power density for transmitters operating
       at frequencies from 300 kHz to 100 GHz.  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." Section
       1.1307(b)(3) of the Rules states that "when the guidelines specified
       in S 1.1310 are exceeded in an accessible area due to the emissions
       from multiple fixed transmitters, actions necessary to bring the area
       into compliance are the shared responsibility of all licensees whose
       transmitters produce, at the area in question, power density levels
       that exceed 5% of the power density exposure limit applicable to their
       particular transmitter..." Licensees bear the responsibility to
       restrict access to areas that exceed the RFR MPE limits or to modify
       the facility and operation so as to bring the station's operation into
       compliance with the RFR exposure limits prior to worker or public
       access to the impacted area.

   15. Entravision argues that the penthouse rooftop should be treated under
       the occupational/controlled MPE limits, as opposed to the general
       population/non-controlled MPE limits, because access to the penthouse
       rooftop was controlled and "was in no way accessible to any member of
       the general public." Entravision also argues that, as the NAL notes,
       there was signage at the entrance to the main rooftop that RF fields
       may exceed FCC rules for human exposure. Entravision also asserts that
       building management for Park Tower was aware that RFR was present on
       the roof as a result of discussions that Entravision had with the
       building management during its lease negotiations. According to
       Entravision, the combination of this controlled access, along with the
       signage at the entrance to the main roof, and its discussion with the
       building management concerning "RFR on the rooftop," requires that we
       apply only the occupational/controlled MPE RFR limits to the penthouse
       roof. We disagree.

   16. The appropriate RFR MPE limit to be applied in an area depends on who
       is being exposed to the RFR. In situations where 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 occupational/controlled MPE limits apply. In
       situations where the general public may be exposed, or where 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, the general population/uncontrolled MPE limits apply.
       The penthouse roof may not have been accessible by the general public,
       but it was accessible by workers and employees of Park Tower, a fact
       that Entravision does not dispute. Because persons who are exposed as
       a result of their employment can potentially come under either RFR MPE
       limit, we must now determine if the workers and employees with access
       to the penthouse roof were fully aware of their potential for exposure
       and could exercise control over it.

   17. Entravision provides no evidence beyond the existence of RFR warning
       signs, placed at the entrance of the main roof and not the penthouse
       roof, that there was any signage that warned of the high RFR levels on
       the penthouse rooftop.  While the signs in question warned that areas
       on the roof exceeded the Commission's public RFR levels, they did not
       say where those areas were, specifically, it did not say those areas
       existed on the distinct and separate penthouse rooftop. The signs also
       did not warn of any areas, on either rooftop, which exceeded the
       occupational/controlled RFR MPE limits. Consequently, we cannot
       conclude that the existence of these signs, on their own, made the
       workers and employees accessing the penthouse roof fully aware of
       their potential for exposure and allowed them to exercise control over
       that exposure.

   18. Entravision appears to contend that these workers and employees should
       be considered fully aware of their potential for exposure because the
       Park Tower building management was aware of "RFR on the rooftop."
       Entravision also argues that the RFR Rules do not require it to give
       RFR training to individuals who are not their employees, and that
       because the definition of the term "fully aware" is the subject of a
       current rulemaking, there is no policy it is obligated to follow
       concerning educating building employees. Entravision misinterprets its
       obligations as a Commission licensee. As indicated above, Section
       1.1307(b)(3) of the Rules states that "when the guidelines specified
       in S 1.1310 are exceeded in an accessible area due to the emissions
       from multiple fixed transmitters, actions necessary to bring the area
       into compliance are the shared responsibility of all licensees whose
       transmitters produce, at the area in question, power density levels
       that exceed 5% of the power density exposure limit applicable to their
       particular transmitter..." Entravision operates WVEA-LP's transmitter
       on a multi-user site, and is obligated pursuant to Section
       1.1307(b)(3) of the Rules to bring the area into compliance with the
       Commission's RFR rules. The Commission expects "[o]wners of
       transmitter sites . . . to allow applicants and licensees to take
       reasonable steps to comply with [these] requirements . . . ." However,
       the Commission has concluded that "responsibilities pertaining to RF
       electromagnetic fields properly belong[] with our licensees and
       applicants, rather than with site owners."  In other words,
       Entravision, along with one other licensee at the Park Tower site, was
       obligated to bring the areas of the rooftops into compliance with the
       Commission's Rules. For the occupational/controlled MPE limits to be
       considered the applicable MPE limits on the penthouse rooftop,
       Entravision must ensure that the workers and employees accessing the
       penthouse rooftop were fully aware of their potential for exposure and
       allowed them to exercise control over that exposure. Other than the
       existence of the signs leading to the main rooftop, and a conversation
       with Park tower building management about "RFR on the roof,"
       Entravision has failed to produce any evidence that it ensured that
       affected workers and employees had awareness of the high RFR fields on
       the penthouse rooftop, let alone that the affected workers and
       employees were "fully aware" and trained on how to control their
       exposure. As a licensee contributing more than 5% of its transmitter's
       RFR exposure limit, Entravision, and not the Park Tower building
       management, is obligated under the Commission's Rules to ensure such
       awareness and control for the affected workers and employees. Because
       Entravision failed to do so, the general population/uncontrolled MPE
       limits must be applied.

   19. Entravision also argues that its violations of Section 1.1310 of the
       Rules were neither willful nor repeated. Specifically, Entravision
       argues that it did not act consciously, deliberately or repeatedly in
       failing to post warning signs or neglecting to restrict accessibility
       to the areas which exceeded the RFR MPE limits. We disagree. As part
       of its argument concerning the appropriate RFR MPE limit to apply to
       the penthouse rooftop, Entravision acknowledges that it discussed "RFR
       on the rooftop" with the Park Tower building management and that it
       was aware that another licensee gave "specific advice to the building
       management concerning RFR issues on the rooftop." Despite this
       knowledge, and its obligations to ensure compliance with the RFR rules
       at the rooftop sites, as described above, Entravision provides no
       evidence, beyond a conversation during its lease negotiations with
       Park Tower, that it made any effort to ensure that the areas on the
       rooftops were in compliance with Section 1.1310 of the Rules. This
       appears to contravene Entravision's assurance to the Commission in the
       WVEA-LP 2004 Modification Application that an agreement among the
       licensees at Park Tower containing appropriate measures to assure
       worker safety would be in effect in the event that workers or
       authorized personnel enter the restricted area and that the site would
       be properly marked with warning signs. Consequently, we find that
       Entravision did willfully violate Section 1.1310. The violation
       occurred on more than one day, as evidenced by the undisputed
       measurements made on multiple days by the Tampa agents, therefore, we
       find that the violation was repeated.

   20. Entravision also states that even if we assume that it did fail to
       comply with Section 1.1310 of the Rules, there is no basis for an
       increase in the base forfeiture of $10,000 given Entravision's good
       faith efforts to comply with the Tampa agents' requests once the
       violations were brought to Entravision's attention. Specifically,
       Entravision asserts that it posted a warning sign in the penthouse
       entry stairwell on the same day it was told to do so by an agent, July
       1, 2004. Entravision claims to have informed the building's chief
       engineer of the RFR occupational violation by July 2, 2004.
       Entravision also alleges that its station engineer, on his own
       initiative, marked off the area exceeding the occupational limit with
       yellow paint. Entravision claims that it believed no other remedial
       actions beyond the steps it claimed to have taken on July 1 and 2,
       2004, were required until July 16, 2004, when the agent informed the
       station engineer that the posted sign was not visible and that an
       additional sign should be placed on the tower itself. Entravision
       disputes that the posted sign was obscured and states that it did post
       an additional sign on its tower as requested. Finally, Entravision
       reiterates that it voluntarily reduced its power in October 2004.
       Because all of Entravision's efforts took place after, and because of,
       inspections by the Tampa agents, we find that Entravision has produced
       no evidence to support a good faith reduction in the forfeiture
       amount.  Moreover, Entravision's remedial actions to correct promptly
       violations after they have been identified by an agent are expected
       and do not warrant a reduction or cancellation in the forfeiture
       amount.

   21. We believe the $25,000 forfeiture amount proposed by the Tampa Office
       is appropriate. Entravision failed to appropriately erect warning
       signs on, and restrict access to, an area on the penthouse rooftop
       which exceeded the general population/uncontrolled RFR MPE limit. In
       addition, Entravision acknowledges that an area on the Penthouse roof
       exceeded the much higher occupational/controlled RFR MPE limits, but
       made no efforts to ensure that even workers and employees who had RFR
       expertise had enough information, by means of warning signs and
       contact information, to exercise control over their exposure. Of
       particular concern is the fact that this condition began after the
       modifications approved in the WVEA-LP 2004 Modification Application,
       which was granted on January 20, 2004, were put into place. Despite
       Entravision's assurances to the Commission in that application, that
       the transmitting site would be "appropriately marked with warning
       signs," and that it would limit workers' exposure to RFR by various
       methods, Entravision was apparently not even aware of the RFR issues
       on the penthouse rooftop until it was contacted by a Tampa agent to
       arrange the July 1, 2004, inspection. We find the combination of these
       violations, along with Entravision's studied ignorance of its own
       statements and obligations, to be particularly egregious.

   22. We have examined Entravision's response to the NAL pursuant to the
       statutory factors above, and in conjunction with the Forfeiture Policy
       Statement. As a result of our review, we find no basis for
       cancellation or reduction of the $25,000 forfeiture proposed for this
       violation.

   IV. ordering clauses

   23. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311 and
       1.80(f)(4) of the Commission's Rules, Entravision Holdings, LLC IS
       LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand
       dollars ($25,000) for willfully and repeatedly violating Section
       1.1310 of the Rules.

   24. 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. 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: Associate Managing Director - Financial Operations, Room
       1A625, 445 12th Street, S.W., Washington, D.C. 20554.

   25. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class and Certified Mail Return Receipt Requested to Entravision
       Holdings, LLC at its record of address and to its counsel, Barry A.
       Friedman, Thompson Hine LLP, 1920 N Street NW, Washington, DC 20036.

   FEDERAL COMMUNICATIONS COMMISSION

   Dennis P. Carlton

   Regional Director

   South Central Region

   Enforcement Bureau

   47 C.F.R. S 1.1310.

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200532700004
   (Enf. Bur., Tampa Office, January 5, 2005) ("NAL"). A Notice of Apparent
   Liability for Forfeiture in the amount of $20,000 for violation of the RFR
   Rules was issued to Infinity Broadcasting Corporation of Florida, licensee
   of station WQYK-FM, on January 5, 2005. See Notice of Apparent Liability
   for Forfeiture, NAL/Acct. No. 200532700005 (Enf. Bur., Tampa Office,
   January 5, 2005).

   47 C.F.R. S 1.1310.

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

   Id.

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

   See, for example, Office of Engineering and Technology, Evaluating
   Compliance with FCC Guidelines for Human Exposure to Radiofrequency
   Electromagnetic Fields (1997) ("OET Bulletin 65").

   File No. BPTTL-2003008ABP, granted January 20, 2004.

   Specifically, the exhibit stated that "[s]uch measures will include
   reducing the average exposure by spreading out the work over a longer
   period of time, wearing `accepted' RFR protective clothing and/or RFR
   exposure monitors or scheduling work when the stations are at reduced
   power or shut down." WVEA-LP 2004 Modification Application, RFR Exhibit at
   4.

   Another station's transmitter was found to produce power density levels
   that exceeded 5% of the power density exposure limit applicable to its
   particular transmitter. This station is also responsible for ensuring the
   penthouse rooftop's compliance with the RFR limits. See 47 C.F.R. S
   1.1307(b)(3).

   Such information allows workers who are fully aware of the potential for
   their exposure to make informed decisions and exercise control over their
   exposures. See 47 C.F.R. S 1.1310, Note 1 to Table 1. See also OET
   Bulletin 65 at 55 - 59.

   Entravision requested an extension to submit its response to the NAL,
   which was granted by the Bureau.

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

   47 C.F.R. S 1.80.

   47 U.S.C. S 503(b)(2)(D).

   See 47 C.F.R. S 1.1310, Table 1.

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

   47 C.F.R. S 1.1307(b)(3).

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

   NAL at para. 3.

   See, e.g., OET Bulletin 65 at 1 - 10.

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

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

   Following release of the NAL, we received information from Infinity that
   there is also a warning sign on the door to the penthouse rooftop entry
   area. However, according to the building's chief engineer, this door
   leading to the penthouse rooftop upon which this sign was posted was
   typically propped open. With the door propped open, the warning sign faces
   the wall and is not visible. On each of the six occasions the agents
   inspected the site, the door was propped open and the agents did not see
   any sign. We note that Entravision did not reference any mention of this
   sign in their response to the NAL.

   See Americom Las Vegas Limited Partnership, Memorandum Opinion and Order,
   FCC 06-174, 2006 WL 3472472 (rel. December 1, 2006) (Commission found that
   the burden is on the licensee to ensure that RFR warning signs are visible
   to the affected population).

   We note that Entravision's argument that it is not required to provide RFR
   information training to building employees appears to indicate that it has
   no knowledge as to whether the building employees who access the penthouse
   rooftop have the needed information and training to allow them to be fully
   aware of their potential for exposure and exercise control over it.

   47 C.F.R. S 1.1307(b)(3).

   47 C.F.R. S 1.1307(b)(3).

   RF Second Memorandum Opinion and Order, 12 FCC Rcd at 13522 (1997).

   Infinity Broadcasting Corporation of Florida, licensee of WQYK-FM, is the
   other licensee at the Park Tower site  whose transmitter produced power
   density levels that exceeded 5% of the power density exposure limit
   applicable to its transmitter. See n. 1, supra.

   WVEA-LP 2004 Modification Application, RFR Exhibit at 4.

   Radio X Broadcasting Corporation Memorandum Opinion and Order, FCC 06-151,
   2006 WL 2986546 (rel. October 17, 2006) (a forfeiture reduction for good
   faith efforts is not warranted where the subject does not take concrete
   steps to remedy a violation until after a field inspection).

   See AT&T Wireless Services, Inc., 17 FCC Rcd 21866 (2002).

   See OET Bulletin 65 at 56.

   WVEA-LP 2004 Modification Application, RFR Exhibit at 4.

   47 U.S.C. S 504(a).

   See 47 C.F.R. S 1.1914.

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   Federal Communications Commission DA 07-549

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   Federal Communications Commission DA 07-549