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

In the Matter of                  )
                                 )
M&R Enterprises, Inc.             )   File No. EB-01-IH-0441
                                 )   NAL/Acct. No. 200232080010
Licensee of Station WESL(AM)      )   FRN: 0005-0159-87
East St. Louis, Illinois          )   Facility ID No.72815
                                 )


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: March 28, 2002              Released:  March 29, 
2002
                                               

By the Chief, Enforcement Bureau:

                      I.   INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture, we  find that  M&R Enterprises,  Inc. (``M&R''), 
licensee  of Station  WESL(AM),  East  St. Louis,  Illinois, 
apparently willfully and repeatedly violated Section 73.3526 
of the Commission's  rules, 47 C.F.R.   73.3526, by denying 
access  to the  public  inspection file  to  members of  the 
public on two occasions.  We conclude that M&R is apparently 
liable for a ten thousand dollar ($10,000) forfeiture.

                       II.  BACKGROUND

     2.   On July 3, 2001, the Enforcement Bureau received a 
complaint alleging that M&R failed to comply with the 
Commission's public inspection file requirements.  The 
complainant alleged that on July 2 and July 3, 2001, station 
staffers Betty Robinson and Steve Riggins denied access to 
members of the public, including Mr. Anthony Noland, Ms. 
Clytee Shaw, and Mr. Michael Bryant, who requested to view 
the public inspection file.  As a result of that complaint, 
the Commission sent M&R a letter of inquiry on August 8, 
2001.

     3.   M&R responded to the Commission's letter of 
inquiry on August 15, 2001.  In the response, M&R stated 
that the public inspection file is maintained in the 
manager's office in East St. Louis, Illinois, and has been 
since the station was acquired.  M&R stated that the public 
inspection file contains the station's FCC license, 
political contracts, EAS logs, annual employment reports, 
Articles of Incorporation, the FCC application, Letter of 
Consummation, letters from the public, Measurement Work 
Order (NRSC), the Ownership Report, Pre-filing Announcement, 
August 1997, and Revenue Application, 1997.  The response 
also stated that the station's regular business hours are 
Monday through Friday, 9:00 am until 5:00 pm, and that the 
public inspection file is available to the public during 
said business hours and a request for copies will be 
fulfilled by the General Manager in not more than seven 
days. 

     4.   M&R stated in its response that Mr. Noland, Ms. 
Shaw, and Mr. Bryant did not ask for any specific materials 
and that the public inspection file was in the office at the 
time of the alleged violation. 

     5.   The complainant maintains that the named 
individuals specifically asked for access to the public 
inspection file and that station personnel denied them 
access.  In its response, M&R does not deny this.  Rather, 
M&R states that these individuals did not ask for any 
specific materials.  

                    III.      DISCUSSION

     6.   Section 73.3526(a)  of the Commission's  rules, 47 
C.F.R.   73.3526(a), requires  all licensees  of commercial 
broadcast  stations to  maintain  a  public inspection  file 
containing   certain    designated   information.    Section 
73.3526(c)   of  the   Commission's  rules,   47  C.F.R.    
73.3526(c),  requires that  the  public  inspection file  be 
available for  public inspection at any  time during regular 
business hours.

     7.   M&R   violated    Section   73.3526(c)    of   the 
Commission's  rules, 47  C.F.R.   73.3526(c), when  Station 
WESL(AM) failed  to provide access to  the public inspection 
file to members of the public upon request.  M&R claims that 
the  named individuals  did not  request specific  materials 
from the public inspection file.  We find that this does not 
excuse the station's failure to provide access to the public 
inspection file.   The Commission  has held that  ``a simple 
request to see  the file should be sufficient  to elicit the 
complete file'' without the  further necessity of asking for 
documents piecemeal.1   Thus, we find that  it is irrelevant 
whether the individuals requested to view specific documents 
from the public inspection file or whether they simply asked 
to see the public inspection file.  M&R's failure to provide 
access  to its  public  inspection file  upon  request is  a 
violation of the Commission's rules.

     8.   Section  503(b)  of  the  Communications  Act,  47 
U.S.C.   503(b)  and  Section 1.80(a)  of the  Commission's 
rules, 47 C.F.R.   1.80(a), each state that  any person who 
willfully or repeatedly fails  to comply with the provisions 
of the Communications Act or the Commission's rules shall be 
liable for  a forfeiture  penalty.  For purposes  of Section 
503(b) of the Communications Act, the term ``willful'' means 
that the violator knew it was taking the action in question, 
irrespective  of  any  intent to  violate  the  Commission's 
rules.  See Southern California  Broadcasting Co., 6 FCC Rcd 
4387, 4387-88 (1991).

     9.   The Commission's Forfeiture  Policy Statement sets 
a  base  forfeiture  amount   of  $10,000  for  public  file 
violations.   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).  In  this case,  it 
appears  that  Station  WESL(AM)  willfully  and  repeatedly 
denied access  to the public  inspection file to  members of 
the public upon request.  The  station denied such a request 
to more than  one individual and on more  than one occasion.  
Considering  the record  as a  whole, including  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  such other 
matters as  justice may require,  we believe that  a $10,000 
forfeiture is  appropriate for the violations  in this case.  
See Riverside Broadcasting, Inc., 15 FCC Rcd 18322 (EB 2000) 
(NAL  paid; licensee  found  apparently  liable for  $10,000 
forfeiture for denying access to station's public inspection 
file on June 13 and 14, 2000).

                    IV.  ORDERING CLAUSES

     10.  ACCORDINGLY,  IT IS  ORDERED  pursuant to  Section 
503(b) of  the Communications  Act of  1934, as  amended, 47 
U.S.C.  503(b),  and Sections 0.111, 0.311 and  1.80 of the 
Commission's rules, 47 C.F.R.  0.111, 0.311 and 1.80, that 
M&R  Enterprises, Inc.  is hereby  NOTIFIED of  its APPARENT 
LIABILITY  FOR  FORFEITURE in  the  amount  of ten  thousand 
dollars  ($10,000) for  willfully  and repeatedly  violating 
Section  73.3526  of the  Commission's  rules,  47 C.F.R.   
73.3526.

     11.  IT IS FURTHER ORDERED, pursuant to Section 1.80 of 
the  Commission's  rules, that  within  thirty  days of  the 
release of this  Notice, M&R SHALL PAY to  the United States 
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 Forfeiture Collection 
Section, Finance Branch,  Federal Communications Commission, 
P.O. Box  73482, Chicago, Illinois 60673-7482.   The payment 
MUST INCLUDE  the FCC  Registration number  (FRN) referenced 
above and also must note the NAL/Acct. No. referenced above.

     13.   The response,  if any, must be  mailed to Charles 
W.  Kelley,  Chief,  Investigations and  Hearings  Division, 
Enforcement Bureau,  Federal Communications  Commission, 445 
12th Street,  S.W, Room  3-B443, Washington, D.C.  20554 and 
MUST INCLUDE THE NAL/Acct. No. referenced above.

     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.  See 
47 C.F.R.  1.1914.

     16.   IT IS FURTHER ORDERED  that a copy of this Notice 
shall be  sent, by Certified Mail/Return  Receipt Requested, 
to M&R  Enterprises, Inc., Robert Riggins,  General Manager, 
149 South Eighth Street, East St. Louis, IL.


          FEDERAL COMMUNICATIONS COMMISSION



          David H. Solomon
          Chief, Enforcement Bureau
_________________________

1 In the Matter of Liability of KLDT-TV 55, Inc., 10 FCC Rcd 
3198 (1995).  See also In the Matter of Review of the 
Commission's Rules Regarding the Main Studio and Local 
Public Inspection Files of Broadcast Television and Radio 
Stations, 13 FCC Rcd 15691, 15700-06 (1998) ( 18 and 32)  
(The Commission explained that because the public may not be 
aware of the required contents of public inspection files, 
the rule requires that the file contain the most recent 
version of the manual, ``The Public and Broadcasting,'' 
which details the required contents of the public inspection 
file and describes the public's role in monitoring a 
``station's operations and public interest 
performance...'').