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

In the Matter of                )
                                )       File No. EB-00-BS-106
Radio One Licenses, Inc.        )    
                                )       NAL/Acct. No. 20013226001
Licensee of Station WBOT(FM)   )     
                                )       FRN 0003-7390-34
Brockton, Massachusetts        ) 

                  MEMORANDUM OPINION AND ORDER

     Adopted:  July 17, 2003                 Released:   July 22. 
2003

By the Commission:

     1.   In this  Memorandum Opinion  and Order  (``Order'')  we 
grant in part and deny in part the application for review   filed 
by  Radio  One  Licenses,   LLC  (``Radio  One''),  licensee   of 
WBOT(FM),1 of the October 18, 2002 Memorandum Opinion and  Order2 
issued by the Enforcement Bureau in this proceeding. 

     2.   On August  14, 2001,  the Enforcement  Bureau issued  a 
Forfeiture Order3 to Radio One, finding it liable for a  monetary 
forfeiture in the amount of $21,500 for willful violation of  the 
following sections  of the  Commission's Rules  (``the  Rules''): 
11.35(a) (failure  to  have operational  Emergency  Alert  System 
(``EAS'') equipment); 73.1125(e) (failure to establish a local or 
toll-free  telephone  number  in   the  community  of   license); 
73.1350(c)(1) (failure  to  establish  monitoring  procedures  to 
determine compliance  with  Section 73.1560  regarding  operating 
power); 73.1800(a)  (failure  to  maintain a  station  log);  and 
73.3526(a)(2) (failure to maintain a public inspection file).4  

     3.   On September 13, 2001, Radio  One filed a Petition  for 
Reconsideration of the  Forfeiture Order.  On  January 31,  2002, 
the Enforcement Bureau issued a Memorandum Opinion and Order5  in 
which it  denied Radio  One's  Petition for  Reconsideration  and 
upheld the Forfeiture Order.  On  March 4, 2002, Radio One  filed 
an application for review of the Enforcement Bureau's January 31, 
2002 Memorandum Opinion and  Order.  Subsequently, on August  27, 
2002, Radio  One requested  that its  application for  review  be 
treated as a Petition for Reconsideration.  On October 18,  2002, 
the Enforcement  Bureau issued  a second  Memorandum Opinion  and 
Order to Radio One in which it granted in part and denied in part 
Radio One's second Petition for Reconsideration.  The October 18, 
2002 Memorandum Opinion and Order reduced the forfeiture  imposed 
against Radio One from $21,500 to $9,200.  Based on new  evidence 
submitted by  Radio One,  the Enforcement  Bureau eliminated  the 
$10,000 forfeiture imposed on Radio One for failure to maintain a 
public inspection file.  The Enforcement Bureau also reduced  the 
forfeiture amount  for  Radio  One's  remaining  violations  from 
$11,500 to $9,200 based on Radio One's past history of compliance 
with the Commission's  rules.6  On November  18, 2002, Radio  One 
filed an  application  for  review of  the  Enforcement  Bureau's 
October  18,  2002   Memorandum  Opinion  and   Order.   In   its 
application for  review,  Radio  One argues  primarily  that  the 
remaining $9,200 forfeiture amount  should be cancelled based  on 
its history  of  compliance  with  the  Commission's  rules.   It 
requests that the Commission instead issue a formal admonishment.
      
     4.   We agree with the  Enforcement Bureau that Radio  One's 
past history of compliance with the Commission's rules, which was 
already taken into account by the Enforcement Bureau in  reducing 
the forfeiture  amount,  does  not warrant  cancellation  of  the 
forfeiture.  In response to Radio One's argument that it acted in 
good faith to  comply with  the EAS  rules, we  reduce the  total 
forfeiture to  $8,000.7  Although  we expect  full compliance  in 
this important public safety  area, the fact  that Radio One  had 
identified the violation and ordered equipment to fix it prior to 
the inspection justifies this reduction in the forfeiture amount.  
Radio One's other  arguments are  fully addressed  in the  Bureau 
orders and  we  agree  with the  Bureau's  disposition  of  those 
arguments. 

     5.   Accordingly, IT IS  ORDERED that,  pursuant to  Section 
1.115(g) of  the Rules,8  the  application  for review  filed  by 
Radio One Licenses, LLC of  the Enforcement Bureau's October  18, 
2002 Memorandum Opinion  and Order  for NAL  No. 200132260001  IS 
hereby GRANTED to the extent indicated herein and DENIED  in  all 
other respects. 

     6.   IT IS FURTHER ORDERED that, pursuant to Section  503(b) 
of the Communications Act of 1934, as amended, (``the Act'')9 and 
Section 1.80 of the  Rules,10 Radio One  Licenses, LLC shall  pay 
the amount  of eight  thousand dollars  ($8,000) for  the  above-
stated violations  within 30  days of  the release  date of  this 
Order.  Payment may be made by  check or money order, drawn on  a 
U.S. financial institution, payable to the Federal Communications 
Commission.  The  remittance  should be  marked  ``NAL/Acct.  No. 
200132260001,  FRN  0003-7390-34''  and  mailed  to  the  Federal 
Communications Commission,  P.O.  Box  73482,  Chicago,  Illinois 
60673-7482.  If  the forfeiture  is not  paid within  the  period 
specified, the case may be referred to the Department of  Justice 
for collection pursuant to Section 504(a) of the Act.11  Requests 
for full payment  under an  installment plan should  be sent  to: 
Chief, Revenue  and  Receivables Operations  Group,  445  Twelfth 
Street, S.W., Washington, D.C. 20554.12

     7.   IT IS FURTHER ORDERED that  a copy of this Order  shall 
be sent  by  regular  mail  and  Certified  Mail  Return  Receipt 
Requested to  Pamela  C.  Cooper, Esq.,  counsel  for  Radio  One 
Licenses, LLC, at Davis Wright Tremaine, 1500 K Street, NW, Suite 
450, Washington, DC 20005.

                         FEDERAL COMMUNICATIONS COMMISSION
                    

                                                                  
                         Marlene H. Dortch
                                                                  
Secretary






          

_________________________

  1  At the time  this matter was initiated, Radio One  Licenses, 
Inc. was the licensee of WBOT(FM).  Effective December 31,  2001, 
Radio One Licenses, LLC became the licensee of WBOT(FM).

  2   Radio One  Licenses,  Inc., 17  FCC  Rcd 20408  (Enf.  Bur. 
2002).

  3   Radio One  Licenses,  Inc., 16  FCC  Rcd 15326  (Enf.  Bur. 
2001).

  4  47 C.F.R.   11.35(a), 73.1125(e), 73.1350(c)(1),  73.1560, 
73.1800(a), 73.3526(a)(2). 

  5  Radio One Licenses, Inc., 17 FCC Rcd 1724 (Enf. Bur. 2002). 

  6   The  amount  of  the  reduction  for  history  of   overall 
compliance ($11,500 minus $9,200) is $2,300 not $800 as suggested 
by Radio One in its Petition for Reconsideration (at n. 4).

  7  See  The   Commission's  Forfeiture  Policy  Statement   and 
Amendment to  Section  1.80  of  the  Rules  to  Incorporate  the 
Forfeiture Guidelines,  12  FCC Rcd  17087  at para.  27  (1997), 
recon. denied, 13 FCC  Rcd 303 (1999) (good  faith is a  downward 
adjustment factor).

  8  47 C.F.R.  1.115(g).  

  9  47 U.S.C.  503(b).

  10  47 C.F.R.  1.80.

  11  47 U.S.C.  504(a).

  12  47 C.F.R.  1.1914.