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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No: EB-08-MA-0188
LSM Radio Partners, L.L.C. ) Facility ID No. 34355
Licensee of Station WWWK(FM) ) NAL/Acct. No.: 200932600001
Islamorada, Florida ) FRN: 0010245207
ORDER ON RECONSIDERATION
Adopted: October 20, 2011 Released: October 21, 2011
By the Chief, Enforcement Bureau:
1. In this Order on Reconsideration ("Order"), we grant in part and deny
in part a petition for reconsideration ("Petition") filed on September
2, 2010 by LSM Radio Partners, L.L.C. ("LSM Radio"), licensee of
Station WWWK(FM), in Islamorada, Florida. As discussed below, we
conclude that the forfeiture should be reduced to four thousand seven
hundred dollars ($4,700).
2. LSM Radio seeks reconsideration of a Forfeiture Order issued on August
4, 2010, which imposed an eight thousand five hundred dollar ($8,500)
monetary forfeiture for the willful and repeated violation of sections
11.35(a) and 73.1125(a) of the Commission's rules ("Rules"). The noted
violations concerned LSM Radio's failure to maintain: (1) an
operational Emergency Alert System ("EAS") equipment when Station
WWWK(FM) was in operation; and (2) a full-time managerial and staff
presence at the station's main studio consistent with the Rules. The
originally proposed forfeiture of $15,000 was reduced to $8,500 based
upon LSM Radio's inability to pay the $15,000 forfeiture as documented
by its tax returns for several years. LSM Radio, in its Petition, asks
that we reconsider our decision, urging cancellation of the forfeiture
altogether because, it asserts, that it simply "does not have the
money to pay the forfeiture amount."
3. With regard to an individual's or entity's inability to pay, the
Commission has determined that, in general, gross revenues are the
best indicator of an ability to pay a forfeiture. Based on the updated
financial documents and other information provided by LSM Radio, we
find insufficient basis to grant its request for cancellation of the
forfeiture. In this regard, the forfeiture amount does not exceed or
even approach LSM Radio's gross revenues. We do, however, find a
sufficient basis to further reduce the $8,500 forfeiture based on the
financial documents and other materials it submitted and, therefore,
reduce the forfeiture to $4,700.
4. Accordingly, IT IS ORDERED, pursuant to section 405 of the
Communications Act of 1934, as amended (the "Act"), and section 1.106
of the Commission's rules, that the Petition for Reconsideration filed
by LSM Radio Partners, L.L.C. IS GRANTED IN PART and DENIED IN PART
and the forfeiture is reduced to four thousand seven hundred dollars
5. Payment of the forfeiture shall be made in the manner provided for in
section 1.80 of the Rules within 30 days of the release of this Order.
If the forfeiture is not paid within the period specified, the case
may be referred to the Department of Justice for enforcement pursuant
to section 504(a) of the Act. 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/Account
Number and FRN referenced above. Payment by check or money order may
be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000. Payment by overnight mail may be sent to U.S.
Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza,
St. Louis, MO 63101. Payment by wire transfer may be made to ABA
Number 021030004, receiving bank TREAS/NYC, and account number
27000001. For payment by credit card, an FCC Form 159 (Remittance
Advice) must be submitted. When completing the FCC Form 159, enter
the NAL/Account number in block number 23A (call sign/other ID), and
enter the letters "FORF" in block number 24A (payment type code).
Requests for full payment under an installment plan should be sent
to: Chief Financial Officer -- Financial Operations, 445 12th Street,
S.W., Room 1-A625, Washington, D.C. 20554. Please contact the
Financial Operations Group Help Desk with any questions regarding
payment procedures at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov.
LSM Radio shall also send electronic notification on the date said
payment is made to SCR-Response@fcc.gov.
6. IT IS FURTHER ORDERED that this Order shall be sent by both regular
mail and by certified mail, return receipt requested, to LSM Radio
Partners, L.L.C. at 70 Walnut St., Wellesley, MA 02481and to its
counsel, David G. O'Neil, Esq., Rini Coran PC, 1140 19th Street NW,
Suite 600, Washington, D.C. 20036.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
See Petition for Reconsideration of Forfeiture Order filed by David G.
O'Neil, Esq., dated September 2, 2010 ("Petition"). See also Supplement to
Petition for Reconsideration of Forfeiture Order filed by David G. O'Neil,
Esq., dated April 21, 2011 (providing additional financial information).
See LSM Radio Partners, L.L.C., Forfeiture Order, 25 FCC Rcd 10631 (Enf.
Bur. 2010) ("Forfeiture Order").
See 47 C.F.R. S:S: 11.35(a), 73.1125(a).
See Forfeiture Order, 25 FCC Rcd at 10634.
Petition at 2.
See PJB Communications of Virginia, Inc., Memorandum Opinion and Order, 7
FCC Rcd 2088, 2089 (1992) (forfeiture not deemed excessive where it
represented approximately 2.02 percent of the violator's gross revenues);
Local Long Distance, Inc., Order of Forfeiture, 15 FCC Rcd 24385 (2000)
(forfeiture not deemed excessive where it represented approximately 7.9
percent of the violator's gross revenues); Hoosier Broadcasting
Corporation, Memorandum Opinion and Order, 15 FCC Rcd 8640 (2002)
(forfeiture not deemed excessive where it represented approximately 7.6
percent of the violator's gross revenues).
See Lancaster Educational Broadcasting Foundation, Forfeiture Order, 24
FCC Rcd 9013, 9015 (Enf. Bur. Investigations & Hearings Div. 2009)
(denying request for cancellation of proposed forfeiture based on
inability to pay claim because licensee's gross revenues exceeded proposed
This forfeiture amount falls within the percentage range that our
precedents have found acceptable. See supra note 6. If LSM Radio believes
that paying this amount still presents financial difficulties, we note
that it could always pursue an installment payment plan to lessen the
immediate impact of the forfeiture.
See 47 U.S.C. S: 405.
See 47 C.F.R. S: 1.106.
See 47 U.S.C. S: 504(a).
Federal Communications Commission DA 11-1734
Federal Communications Commission DA 11-1734