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                            Before the
                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 
WRXB,                            )
St. Petersburg, Florida          )                  FRN 0007006884 
                                )
Springfield, Missouri



         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                 Released:   August 25, 2003

By the Enforcement Bureau, Tampa Office:

                      I.  INTRODUCTION

     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 
towers.

                       II.  BACKGROUND

     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.

                      III.  DISCUSSION

     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 
submitted. 

     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.


                              FEDERAL         COMMUNICATIONS 
COMMISSION
                         


                              Ralph M. Barlow
                              District    Director,    Tampa 
Office
                              Enforcement Bureau


Attachment
_________________________

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.