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


In the Matter of                )            
                                )       File No. EB-02-CF-723
                                )
JMK Communications, Inc.        )       NAL/Acct.             No. 
200332340005
WTRI                            )       
Brunswick, Maryland             )       FRN: 0006-1615-09 


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  April 28, 
2003

By the District Director, Columbia Office, Enforcement Bureau:

                        I.  INTRODUCTION
                                
     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we  find that  JMK  Communications, Inc.  (``JMK'')  has 
apparently violated Sections 1.89,  73.49, and 73.1125(a) of  the 
Commission's  Rules1  (``Rules'')  by   failing  to  respond   to 
Commission correspondence, failing to enclose their antenna in an 
effective locked  fence, and  failure  to maintain  a  meaningful 
staff presence  at the  main  studio.  We  conclude that  JMK  is 
apparently liable  for  forfeiture  in  the  amount  of  eighteen 
thousand dollars ($18,000).

                         II.  BACKGROUND

     2.   On November 14,  2002, an agent  from the  Commission's 
Columbia Maryland office attempted an inspection of station WTRI, 
Brunswick, Maryland  for compliance  with FCC  Rules.  The  agent 
found that the station had failed to maintain a meaningful  staff 
presence at the main  studio because it  was locked and  unmanned 
from 1:10 PM until the agent departed the studio address at  3:45 
pm.  The agent also observed that the station did not have one of 
the three antenna towers enclosed in an effective locked fence.  

     3.   On  November  22,  2002,  the  agent  returned  to  the 
station.  Again, the  main studio was  locked and unmanned.   The 
agent found a note on  the studio door directing visitors  across 
the street to  the residence  of a station  employee.  The  agent 
found the  employee and  completed an  inspection.  The  employee 
identified himself as the chief engineer.  The FCC agent found no 
management staff presence at the main studio.  

     4.   On December  16, 2002,  the  Columbia Office  issued  a 
Notice of Violation  (``NOV'') to JMK  for violation of  Sections 
11.15,   73.49,    73.1125(a),   73.1125(e),    73.3526(c)    and 
73.3526(e)(12) of the Rules2.  The NOV was mailed to the  address 
of record.  No reply was received to the NOV.

     5.   On January  17,  2003,  the Columbia  Office  issued  a 
follow up letter to the NOV with a copy of the NOV attached.  The 
letter was mailed to the address of record by certified mail with 
return receipt requested.  The Columbia Office received a  postal 
receipt proving delivery of the letter on January 25, 2003.   The 
Office has not received a reply to the letter of January 17th. 

                        III.  DISCUSSION

     5.   Section 1.89 of the Rules specifies that the  recipient 
shall send  a written  reply within  ten days  of receipt  of  an 
official notice to the Commission office originating the official 
notice.  The Columbia Office has received no reply to the NOV  or 
follow-up letter. 

     6.   Section 73.49 of the Rules requires that antennas  that 
have radio frequency potential (voltage) at the base of the tower 
are required to enclose the antenna in an effective locked  fence 
to protect the public.   On November 14,  2002 a Columbia  Office 
agent photographed a large gap in the fence around on one of  the 
station's towers  where  the fencing  had  pulled away  from  its 
supporting structure. 

     7.   Section 73.1125(a) of the Rules requires that licensees 
maintain a main studio.   In the Commission's Memorandum  Opinion 
and Order3 on  main studio  rules released August  17, 1988,  the 
Commission stated that  ``a station  must equip  the main  studio 
with production and transmission facilities that meet  applicable 
standards, maintain continuous  program transmission  capability, 
and maintain a  meaningful management and  staff presence.''   On 
November 14, 2002, a Columbia  Office agent attempted to  inspect 
the station  during  normal business  hours  and found  the  main 
studio locked and  unmanned.  Additionally, the  FCC agent  could 
not contact the station  because it lacked  a local or  toll-free 
telephone number available to the  public as required by  Section 
73.1125 (e) of the Rules.  At the time of inspection on  November 
22, 2002, JMK had no management presence at the main studio, only 
maintenance staff.  

     8.   Based on  the  evidence before  us,  we find  that  JMK 
willfully4 violated Sections 1.89,  73.49, and 73.1125(a) of  the 
Rules by failing to respond to Commission correspondence, failing 
to enclose the  antenna structure in  an effective locked  fence, 
and failing to have a meaningful staff and management presence at 
the main studio.

     9.   The  Commission's  Forfeiture   Policy  Statement   and 
Amendment of  Section  1.80  of  the  Rules  to  Incorporate  the 
Forfeiture Guidelines,  12 FCC  Rcd 17087,  17113 (1997),  recon. 
denied, 15 FCC Rcd 303(1999) (``Forfeiture Policy  Statement'')5, 
sets the base forfeiture amounts  at $4,000 for failure to  reply 
to Commission correspondence, $7,000  for failure to enclose  the 
antenna in an effective locked  fence, and $7,000 for failure  to 
have a  meaningful  management and  staff  presence at  the  main 
studio.  In  assessing the  monetary forfeiture  amount, we  must 
take into  account the  statutory factors  set forth  in  Section 
503(b)(2)(D) of  the Communications  Act  of 1934  (``Act''),  as 
amended,6 which include  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.  Applying the 
Forfeiture Policy  Statement and  the  statutory factors  to  the 
instant case and applying  the inflation adjustments, we  believe 
that an eighteen thousand dollar ($18,000) monetary forfeiture is 
warranted.

                      IV.  ORDERING CLAUSES

     10.  Accordingly,  IT IS ORDERED  THAT, pursuant to  Section 
503(b) of the  Act7 and  Sections 0.111,  0.311 and  1.80 of  the 
Rules,8 JMK is hereby NOTIFIED  of this APPARENT LIABILITY FOR  A 
FORFEITURE in the amount  of eighteen thousand dollars  ($18,000) 
for willfully violating Sections  1.89, 73.49, and 73.1125(a)  of 
the Rules.

     11.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty days of the release date of this  NOTICE 
OF APPARENT  LIABILITY, JMK  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  may be  made by  mailing  a 
check or similar instrument, payable to the order of the  Federal 
Communications Commission, to the Forfeiture Collection  Section, 
Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 
73482, Chicago, Illinois 60673-7482.  The payment should note the 
NAL/Acct. No. 200332340005, and FRN 0006-1615-09. 

     13.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications  Commission,  Enforcement  Bureau,  Technical  and 
Public Safety Division, 445  12th Street, S.W., Washington,  D.C. 
20554 and MUST INCLUDE THE NAL/Acct. No. 200332340005. 

     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.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief,  Revenue and  Receivables Operations  Group, 445  12th 
Street, S.W., Washington, D.C. 20554.9
     16.  Under the Small Business Paperwork Relief Act of  2002, 
Pub L. No.  107-198, 116 Stat.  729 (June 28,  2002), the FCC  is 
engaged in  a two-year  tracking process  regarding the  size  of 
entities involved  in forfeitures.   If you  qualify as  a  small 
entity and  if you  wish to  be  treated as  a small  entity  for 
tracking purposes, please  so certify  to us  within thirty  (30) 
days of this  NAL, either in  your response  to the NAL  or in  a 
separate  filing  to   be  sent  to   the  Media  Bureau.    Your 
certification should indicate whether you, including your  parent 
entity and  its subsidiaries,  meet one  of the  definitions  set 
forth in the list provided by the FCC's Office of  Communications 
Business Opportunities (OCBO) set forth  in Attachment A of  this 
Notice of Apparent Liability.  This information will be used  for 
tracking purposes only.  Your response  or failure to respond  to 
this  question  will   have  no   effect  on   your  rights   and 
responsibilities pursuant to Section 503(b) of the Communications 
Act.  If  you have  questions regarding  any of  the  information 
contained in Attachment A, please contact OCBO at (202) 418-0990.

     17.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 
Receipt requested,  to JMK  Communications, Inc.,  4525  Wilshire 
Boulevard, Los Angeles, California 90010.


                                FEDERAL            COMMUNICATIONS 
COMMISSION




                                Charles C. Magin
                                District Director
                                Columbia Office


Attachment A - FCC List of Small Entities, October 2002
_________________________

147 C.F.R.  1.89, 73.49 and 73.1125(a).

247 C.F.R.  11.15, 73.1125(e), 73.3526(c) and 73.3526(e)(12).

3 See Memorandum Opinion and Order, 3 FCC Rcd No. 17 (1988) at 
5026.

4 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to 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 ....''  See Southern California 
Broadcasting Co., 6 FCC Rcd 4387 (1991).

547 C.F.R.  1.80.

6 47 U.S.C.  503(b)(2)(D).

7 47 U.S.C.  503(b).

8 47 C.F.R.  0.111, and 0.311.

9 See 47 C.F.R.  1.1914.