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

In the Matter of                 )
                                )
Metropolitan Radio Group, Inc.   )
                                )        File Number EB-03-TP-357
Licensee of AM Radio Station     )
WBRD,                            )        NAL/Acct.No.200432700013  
Palmetto, Florida                )
                                )                FRN 0007-0069-84
Springfield, Missouri            )


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                   Released:  March 11, 2004

By the Enforcement Bureau, Tampa Office:

                      I.  INTRODUCTION

     1.    In   this  Notice   of  Apparent   Liability  for 
Forfeiture  (``NAL''),  we  find Metropolitan  Radio  Group, 
Inc., licensee of AM  radio station WBRD, Palmetto, Florida, 
apparently liable  for a forfeiture  in the amount  of seven 
thousand dollars ($7,000) for repeated and willful violation 
of  Section 73.49  of the  Commission's Rules  (``Rules'').1 
Specifically,  we   find  Metropolitan  Radio   Group,  Inc. 
apparently  liable  for  failure to  maintain  an  effective 
locked fence around the base of its AM antenna towers.

                       II.  BACKGROUND

     2.   On   December  23,  2003,  two   agents  from  the 
Commission's Tampa Field Office inspected Metropolitan Radio 
Group,  Inc.'s  antenna  towers   for  station  WBRD(AM)  in 
Palmetto, Florida. The agents found the station's AM antenna 
towers were  not enclosed within an  effective locked fence.  
The property  was accessible by  large gaps in  the property 
fencing and  the individual  fences around  the base  of two 
towers were found unlocked  and opened.  The agents notified 
the station's  contract engineer about the  condition of the 
base fences.  The contract engineer stated that he was aware 
of the  base fence problem, had  previously notified station 
management of  the fences'  condition, and that  the problem 
had existed for approximately 3 years.    

     3.  On  March 9,  2004, two  Tampa Office  agents again 
inspected the  perimeter and base fences  for WBRD(AM).  The 
agents found the perimeter  fence still allowed unrestricted 
access to the property at  various points.  One tower's base 
fence was found  unlocked and open.  The gate  of the second 
tower's base fence was unhinged and leaning against a post.

                      III.  DISCUSSION

     4.  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 or other enclosures.  
On December 23, 2003, and March 9, 2004, the WBRD AM antenna 
towers were  not enclosed within an  effective locked fence, 
allowing unrestricted access to the base of the structures.

     5.   Based on  the  evidence before  us,  we find  that 
Metropolitan Radio  Group, Inc., repeatedly2  and willfully3 
violated Section 73.49  of the Rules by  failing to maintain 
an effective locked fence around  the base of its AM antenna 
towers.

     6. Pursuant  to Section  1.80(b)(4) of the  Rules,4 the 
base  forfeiture amount  for failing  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

     7.    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, Inc.,  is 
hereby NOTIFIED of this  APPARENT LIABILITY FOR A FORFEITURE 
in  the  amount  of  seven  thousand  dollars  ($7,000)  for 
repeated and willful violation of Section 73.49 of the Rules 
by failing to maintain an  effective locked fence around the 
base of its AM antenna towers used by station WBRD.

     8.   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, 
Inc. SHALL PAY the full amount of the proposed forfeiture or 
SHALL  FILE   a  written  statement  seeking   reduction  or 
cancellation of the proposed forfeiture.

     9.  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

     10..  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.

     11.    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.  

     12.  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  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.

     13.  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,  Inc., 318 E. Pershing  Street, Springfield, MO  
65806.


                              FEDERAL         COMMUNICATIONS 
COMMISSION
                         



                              Ralph M. Barlow
                              District    Director,    Tampa 
Office
                              Enforcement Bureau
_________________________

1 47 C.F.R.  73.49.
2 Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which 
applies equally to Section 503(b) of the Act, provides that 
``[t]he 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.''
3 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).
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.