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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Metropolitan Radio Group Of )
Florida, Inc. ) File Number EB-03-TP-231
Licensee of AM Radio Station ) NAL/Acct.No.200332700030
St. Petersburg, Florida ) FRN 0007006884
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: August 25, 2003
By the Enforcement Bureau, Tampa Office:
1. In this Notice of Apparent Liability for
Forfeiture, we find Metropolitan Radio Group of Florida,
Inc., licensee of AM radio station WRXB, St. Petersburg,
Florida, apparently liable for a forfeiture in the amount of
seven thousand dollars ($7,000) for willful and repeated
violation of Section 73.49 of the Commission's Rules
(``Rules'').1 Specifically, we find Metropolitan Radio Group
of Florida, Inc. apparently liable for failure to maintain
an effective locked fence around the base of three antenna
2. On May 15, 2003, agents from the FCC Enforcement
Bureau's Tampa Field Office inspected station WRXB (AM) in
St. Petersburg, Florida. The agents found none of the
station's three antenna structures enclosed within an
effective locked fence. Each of the structures had radio
frequency potential at its base. A perimeter fence
surrounded the property containing the three towers,
however, the public entrance gate to the property was open
and unlocked allowing unrestricted access to the bases of
all three towers. Station personal stated that the entrance
gate to the property remained opened and unlocked for at
least the past month.
3. Section 73.49 of the Rules requires antenna towers
having radio frequency potential at the base (series fed,
folded unipole, and insulated base antennas) must be
enclosed within effective locked fences. On May 15, 2003,
agents found that three antenna towers used by WRXB were not
enclosed within an effective locked fence, allowing
unrestricted access to the base of the towers. All three
towers had radio frequency potential at the bases.
Statements by WRXB personnel indicated this condition had
existed for at least a month prior.
4. Based on the evidence before us, we find that
Metropolitan Radio Group of Florida, Inc. willfully2 and
repeatedly3 violated Section 73.49 of the Rules by failing
to maintain an effective locked fence around the base of
three antenna towers.
5. Pursuant to Section 1.80(b)(4) of the Rules,4 the
base forfeiture amount for failure to maintain effective
locked AM tower fencing is $7,000. In assessing the
monetary forfeiture amount, we must also take into account
the statutory factors set forth in Section 503(b)(2)(D) of
the Communications Act of 1934, as amended (``Act''), 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.''5
Considering the entire record and applying the factors
listed above, this case warrants a $7,000 forfeiture.
IV. ORDERING CLAUSES
6. Accordingly, IT IS ORDERED THAT, pursuant to
Section 503(b) of the Act,6 and Sections 0.111, 0.311 and
1.80 of the Rules,7 Metropolitan Radio Group of Florida,
Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A
FORFEITURE in the amount of seven thousand dollars ($7,000)
for willful violation of Section 73.49 of the Rules by
failing to maintain an effective locked fence around the
base of its antenna towers.
7. 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, Metropolitan Radio Group
of Florida, Inc. SHALL PAY the full amount of the proposed
forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture.
8. 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. and FRN referenced
above. Request for payment of the full amount of NAL under
an installment plan should be sent to: Chief, Revenue and
Receivable Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.8
9. The response, if any, must be mailed to Federal
Communications Commission, Office of the Secretary, 445 12th
Street, SW, Washington, DC 20554, Attn: Enforcement Bureau-
Spectrum Enforcement Division, and MUST INCLUDE THE
NAL/Acct. No. referenced above.
10. 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
11. 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 tracing 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 Spectrum
Enforcement Division. 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.
12. IT IS FURTHER ORDERED THAT a copy of this Notice
of Apparent Liability shall be sent by regular mail and
Certified Mail Return Receipt Requested to Metropolitan
Radio Group of Florida, Inc., 318 Pershing Street,
Springfield, MO 65806.
Ralph M. Barlow
District Director, Tampa
1 47 C.F.R. § 73.49.
2 Section 312(f)(1) of the Act, 47 U.S.C. § 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 ....'' See
Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).
3 The 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
U.S.C. § 312(f)(2).
4 47 C.F.R. § 1.80(b)(4).
5 47 U.S.C. § 503 (b)(2)(D).
6 47 U.S.C. § 503(b).
7 47 C.F.R. §§ 0.111, 0.311, 1.80.
8 See 47 C.F.R. § 1.1914.