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

In the Matter of                 )
                                 )
Snow Hill Broadcasting, L.L.C.   )           File No. EB-04-CF-138
                                 )
Licensee of WQMR                 )      NAL/Acct. No. 200432340005
Snow Hill, Maryland              )
                                 )               FRN: 0007 3402 01



             NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  September 
                                                          2, 2004

By the District Director, Columbia Office, Northeast Region, 
Enforcement Bureau:

I.   INTRODUCTION

      1.  In this Notice of Apparent Liability for Forfeiture 
 ("NAL"), we find that Snow Hill Broadcasting, L.L.C. (``Snow 
 Hill''), licensee of station WQMR, in Snow Hill, Maryland, 
 apparently willfully and repeatedly violated Sections 
 73.3526(e)(6), 73.3526(e)(8), 73.3526(e)(9), and 73.3526(e)(12) 
 of the Commission's Rules ("Rules")1 by failing to retain in 
 its public inspection file a political file, ``The Public and 
 Broadcasting'' manual, a file of letters and e-mail from the 
 public, and a file with quarterly issues/programs lists for the 
 year 2003.  We conclude, pursuant to Section 503(b) of the 
 Communications Act of 1934, as amended ("Act"),2 that Snow Hill 
 is apparently liable for a forfeiture in the amount of ten 
 thousand dollars ($10,000).

II.  BACKGROUND

      2.  On March 19, 2004, agents from the Commission's 
 Columbia, Maryland office inspected radio station WQMR in Snow 
 Hill, Maryland, for compliance with FCC Rules.  At the time of 
 the inspection, the agents observed that the station operated 
 in violation of several public inspection file rules.  The 
 agents noted that the public inspection file did not include a 
 political file, the most recent copy of ``The Public and 
 Broadcasting'' manual, a file with letters and e-mail from the 
 public, and copies of the quarterly issues/programs lists for 
 2003.
 
      3.  On March 26, 2004, the Columbia Office issued a letter 
 of inquiry to the owners of WQMR in order to gather additional 
 information regarding the operation of the station and the 
 retention of the required documentation in the public 
 inspection file.  By letter dated April 14, 2004, the managing 
 partner of Maryland Star, L.L.C., John P. Gillen (``Gillen''), 
 responded to the letter of inquiry. Gillen confirmed that the 
 public inspection file had ``been incomplete for at least the 
 past 6 months.''  Further, Gillen outlined steps taken by Snow 
 Hill to correct violations brought to its attention in the 
 letter of inquiry.

III.      DISCUSSION

      4.  Section 503(b) of the Act provides that any person who 
 willfully or repeatedly fails to comply substantially with the 
 terms and conditions of any license, or willfully or repeatedly 
 fails to comply with any of the provisions of the Act or of any 
 rule, regulation or order issued by the Commission thereunder, 
 shall be liable for a forfeiture penalty.  The term "willful" 
 as used in Section 503(b) of the Act has been interpreted to 
 mean simply that the acts or omissions are committed 
 knowingly.3  The term ``repeated'' means the commission or 
 omission of such act more than once or for more than one day.4 

      5.  Section 73.3526(e)(6) of the Rules requires commercial 
 broadcast stations to retain in the public inspection file a 
 political file concerning broadcasts by candidates for public 
 office.  Snow Hill's public inspection file did not contain a 
 political file.

      6.  Section 73.3526(e)(8) of the Rules requires that 
 commercial broadcast stations have a copy of the most recent 
 version of the ``The Public and Broadcasting'' manual.  Snow 
 Hill's public inspection file did not contain ``The Public and 
 Broadcasting'' manual.

      7.  Section 73.3526(e)(9) of the Rules requires commercial 
 broadcast stations to maintain a file for letters and e-mail 
 from the public.  Snow Hill's public inspection file did not 
 contain a file for letters and e-mail from the public.

      8.  Section 73.3526(e)(12) of the Rules requires that 
 commercial broadcast stations place in the public inspection 
 file every three months a list of programs that have provided 
 the station's most significant treatment of community issues 
 during the preceding three months.  The list must include a 
 brief narrative describing what issues were given significant 
 treatment and the programming that provided that treatment.  
 Snow Hill's public inspection file did not contain 
 issues/programs lists for any quarter in 2003.

      9.  Based on the evidence before us, we find that Snow Hill 
 willfully and repeatedly violated Sections 73.3526(e)(6), 
 73.3526(e)(8), 73.3526(e)(9), and 73.3526(e)(12) of the 
 Commission's Rules by failing to retain in its public 
 inspection file a political file, ``The Public and 
 Broadcasting'' manual, letters and e-mail from the public, and 
 any quarterly issues/programs lists for 2003.
. 
      10.      Pursuant to The Commission's Forfeiture Policy 
 Statement and Amendment of Section 1.80 of the Rules to 
 Incorporate the Forfeiture Guidelines ("Forfeiture Policy 
 Statement"), and Section 1.80 of the Rules, the base forfeiture 
 amount for failure to comply with the public inspection file 
 rules is $10,000.5  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 Act, which include the 
 nature, circumstances, extent, and gravity of the violations, 
 and with respect to the violator, the degree of culpability, 
 and history of prior offenses, ability to pay, and other such 
 matters as justice may require.6  Applying the Forfeiture 
 Policy Statement, Section 1.80, and the statutory factors, a 
 $10,000 forfeiture is warranted.
  
IV.  ORDERING CLAUSES

      11.      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 of the Commission's Rules, 
 Snow Hill is hereby NOTIFIED of this APPARENT LIABILITY FOR A 
 FORFEITURE in the amount of ten thousand dollars ($10,000) for 
 violations of Sections 73.3526(e)(6), 73.3526(e)(8), 
 73.3526(e)(9) and 73.3526(e)(12) of the Rules.7

      12.      IT IS FURTHER ORDERED that, pursuant to Section 
 1.80 of the Commission's Rules within thirty days of the 
 release date of this Notice of Apparent Liability for 
 Forfeiture, Snow Hill SHALL PAY the full amount of the proposed 
 forfeiture or SHALL FILE a written statement seeking reduction 
 or cancellation of the proposed forfeiture.

      13.      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. FCC Registration Number referenced 
 above.  Payment by check or money order may be mailed to 
 Forfeiture Collection Section, Finance Branch, Federal 
 Communications Commission, P.O. Box 73482, Chicago, Illinois 
 60673-7482.  Payment by overnight mail may be sent to Bank 
 One/LB 73482, 525 West Monroe, 8th Floor Mailroom, Chicago, IL 
 60661.  Payment by wire transfer may be made to ABA Number 
 071000013, receiving bank Bank One, and account number 1165259.

      14.      The response, if any, must be mailed to Federal 
 Communications Commission, Enforcement Bureau, Northeast 
 Region, Columbia Office, 9200 Farm House Lane, Columbia, MD, 
 21046 and must include the NAL/Acct. No. referenced in the 
 caption.  

      15.      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.  

      16.      Requests for payment of the full amount of this 
 Notice of Apparent Liability for Forfeiture under an 
 installment plan should be sent to: Chief, Revenue and 
 Receivables Operations Group, 445 12th Street, S.W., 
 Washington, D.C. 20554.8

      17.      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 Federal Communications 
 Commission, Enforcement Bureau, Northeast Region, Columbia 
 Office, 9200 Farm House Lane, Columbia, MD 21046.  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.

      18.      IT IS FURTHER ORDERED that a copy of this Notice 
 of Apparent Liability for Forfeiture shall be sent by Certified 
 Mail, Return Receipt Requested, and regular mail, to Snow Hill 
 Broadcasting, L.L.C., 125 Chester Avenue, Annapolis, Maryland 
 21403.
 

                              FEDERAL COMMUNICATIONS COMMISSION



                              
                              Charles C. Magin
                              District Director
                              Columbia Office
                              Northeast Region
                              Enforcement Bureau


Enclosure:  FCC List of Small Entities

_________________________

147 C.F.R.   73.3526(e)(6), 73.3526(e)(8), 73.3526(e)(9) and 
73.3526(e)(12).
247 U.S.C.  503(b).  
3Section 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 or any rule or regulation of the Commission authorized 
by this Act...."  See Southern California Broadcasting Co., 6 FCC 
Rcd 4387 (1991).
4Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which also 
applies to violations for which forfeitures are assessed under 
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.'' 
512 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.
647 U.S.C.  503(b)(2)(D).
747 C.F.R.  0.111, 0.311, and 1.80.
8See 47 C.F.R.  1.1914.