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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        ) 


     Adopted:  November 20, 2003        Released:   December   3, 

By the Commission:

     1.   In this  Memorandum Opinion  and Order  (``Order'')  we 
deny the August  20, 2003 Petition  for Reconsideration filed  by 
Radio One Licenses, LLC  (``Radio One''), licensee of  WBOT(FM),1 
Brockton, Massachusetts, of the July 22, 2003 Memorandum  Opinion 
and Order  2  (``MO&O'') issued  in  this proceeding.   The  MO&O 
imposed a  forfeiture of  $8,000 against  Radio One  for  willful 
violations 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); and 73.1800(a)  (failure to maintain a  station 

     2.   Radio One  now asserts  that its  forfeiture should  be 
cancelled because ``newly available evidence'' suggests that  the 
Bureau applied  its  forfeiture policies  inconsistently  to  the 
detriment of Radio One.  Specifically, Radio One claims that  the 
Bureau treated it differently  than American Family  Association, 
Inc. (``AFA'') because  it proposed a  $4,000 forfeiture  against 
AFA  for  failure  to   have  operational  EAS  equipment,4   but 
originally proposed  and assessed  an $8,000  forfeiture  against 
Radio One (as part of a larger amount involving other violations) 
for its failure  to have  operational EAS  equipment.  Radio  One 
claims that  the circumstances  underlying  the issuance  of  the 
forfeiture are substantially similar to the circumstances of  the 
AFA  case.   Further,  Radio  One  claims  that  ``there  is   no 
indication why AFA was treated more leniently, and Radio One more 
punitively, for  an  alleged violation  of  the same  rule  under 
substantially similar facts'' and cites to Melody Music, Inc.  v. 
FCC5 for  its  prohibition against  treating  similarly  situated 
parties differently without an explanation.

     3.   Radio One's  argument lacks  merit.  As  a  preliminary 
matter, the  alleged  EAS violation  in  the AFA  case  was  less 
serious than the one here.  In the AFA case, the licensee had EAS 
equipment installed  at station  KAUF-FM  but the  equipment  was 
turned off  at the  time of  inspection while  it was  undergoing 
repair.  Here, Radio  One had  no EAS  equipment (operational  or 
otherwise) installed at station WBOT(FM).  Moreover, with respect 
to Radio One's challenge to the Bureau's original proposal of  an 
$8,000 forfeiture for  the EAS  violation, we note  that what  is 
relevant at this point  is the forfeiture  that we have  imposed, 
not what the Bureau originally proposed.  We also note that  even 
if the amount of our forfeiture attributable to the EAS violation 
($5,200)6 is  too high,  Radio  One has  not explained  why  that 
portion of the forfeiture should be cancelled rather than reduced 
to $4,000  or why  the  remaining $2,800  of the  forfeiture  not 
attributable to EAS should be affected at all.    Accordingly, we 
appropriately assessed a $5,200 forfeiture for the EAS  violation 
rather than a $4,000 forfeiture.     

     4.   Accordingly, IT IS  ORDERED that,  pursuant to  Section 
405 of the Communications Act of 1934, as amended (``the  Act'')7 
and Section 1.106 of the Rules,8 the Petition for Reconsideration 
filed by Radio  One Licenses,  LLC of the  Commission's July  22, 
2003 Memorandum Opinion  and Order  for NAL  No. 200132260001  IS 
hereby DENIED. 

     5.   IT IS FURTHER ORDERED that, pursuant to Section  503(b) 
of the Act9 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

     6.   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.


                         Marlene H. Dortch



  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., 18 FCC Rcd 15964  (2003).

  3  47 C.F.R.   11.35(a), 73.1125(e), 73.1350(c)(1),  73.1560, 
and 73.1800(a). 

  4   See  American  Family  Association,  Inc.,  NAL/Acct.   No. 
200232560027 (Enf. Bur.,  Kansas City Office  rel. September  23, 
2002) (``AFA NAL''); forfeiture cancelled and licensee admonished 
for other reasons,  18 FCC Rcd  16530 (Enf. Bur.  2003).  In  the 
cancellation order,  the  Bureau  found  that  no  EAS  violation 

  5  345 F.2d 730 (D.C. Cir. 1965).

  6 The Bureau  originally imposed an $11,500 forfeiture for  the 
four violations at issue here,  including the $8,000 base  amount 
for the EAS violation, and then reduced the forfeiture by 20% for 
Radio One's history of overall  compliance to a total of  $9,200, 
including $6,400  for the  EAS  violation.  Radio  One  Licenses, 
Inc., 17 FCC Rcd 20408 (Enf.  Bur. 2002).  In the MO&O, based  on 
Radio One's good faith (albeit deficient) attempts to comply with 
the EAS  rule,  we  further reduced  the  forfeiture  to  $8,000, 
including $5,200 for the EAS violation.

  7   47 U.S.C.  405.

  8  47 C.F.R.  1.106.  

  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.