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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
RADIO ONE LICENSES INC. ) File No. EB-00-BS-
Brockton, MA ) NAL/Acct. No.
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: March 8,
By the District Director, Boston Office, Enforcement Bureau:
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find that RADIO ONE LICENSES INC. (``Radio One''),
licensee and operator of WBOT (FM), Brockton, MA, apparently
violated Sections 11.35(a), 73.1125(d), 73.1350(c)(1),
73.1800(a), and 73.3526(a)(2) of the Commission's Rules (the
``Rules'').1 The violations include failure to have operational
Emergency Alert System (``EAS'') equipment, failure to conduct
and log required EAS tests, failure to establish a local or toll-
free telephone number in the community of license, failure to
establish monitoring procedures to determine compliance with
Section 73.15602 regarding operating power, failure to maintain a
station log, and failure to maintain a public file. We conclude
that RADIO ONE LICENSES INC. is apparently liable for forfeiture
in the amount of twenty-two thousand dollars ($22,000).
2. On March 14, 2000, an agent from the Commission's
Boston, MA Office (``Boston Office'') inspected radio station
WBOT, Brockton, MA, to verify compliance with the Rules. The
agent's inspection of the station revealed that WBOT;
(a) did not have EAS equipment installed or available and
was unable to reliably monitor EAS transmissions. The
station reportedly began transmissions with programming on
December 1, 1999 at 10:46 PM. The station failed to transmit
and log required weekly and monthly EAS tests since that
(b) had not established a main studio. The location of the
suspected main studio was visited, but no full time
managerial personnel were present. No programming capability
for this station was available at that location.
(c) had not established a local or toll-free telephone
number in the community of license. There was no telephone
listing available for ``WBOT'' or ``Radio One''.
(d) had not established monitoring procedures and schedules
to determine compliance with FCC Rules pertaining to
operating parameters. In fact the transmitter was observed
to be operating in excess of the authorized power.
(e) had failed to maintain a station log as required by the
(f) had failed to establish a public inspection file.
3. On March 28, 2000, the District Director of the Boston
Office issued an Official Notice of Violation (``NOV'') to WBOT
for the violations the agent found during the March 14, 2000
inspection. The District Director cited WBOT for non-compliance
with Sections 11.35(a), 73.1125(a), 73.1125(d), 73.1350(c)(1),
73.1800(a), and 73.3526(a)(2) of the Rules.
4. On April 19, 2000, the Boston Office received a written
response to the NOV from RADIO ONE LICENSES INC. dated April 19,
2000. RADIO ONE LICENSES INC. acknowledged in its response that
it had failed to comply with the FCC's requirements due to
equipment delivery and installation delays, changes in management
personnel, and misunderstandings of assigned responsibilities but
detailed corrective steps that it had taken to eliminate the
violations (e.g., installing new EAS equipment). RADIO ONE
LICENSES INC. claims to have been in compliance with the main
studio rules and also claims to have had a public inspection file
established at the time of inspection.
5. Section 11.35(a) of the Rules requires broadcast
stations to have EAS equipment installed and operational so that
the monitoring and transmitting functions are available during
times the station and systems are in operation. The station must
also determine the cause of any failure to receive the required
tests or activations and make appropriate entries in its station
log. During the March 14, 2000 inspection, the agent found that
WBOT did not have EAS equipment installed or available. No EAS
logs were available.
6. Section 73.1125(a) of the Rules states that Licensees
are required to maintain a meaningful management and staff
presence at a station's main studio. Full-time managerial and
full-time staff personnel are to be employed and present at the
station during normal business hours. The inspection also
indicated that Radio One's operation of Station WBOT did not
comply with section 73.1125 of the Rules.3 First, it appeared
that Radio One did not maintain an adequate managerial and staff
presence. In this regard, on the day of the inspection, neither
the station's general manager nor any other staff representing
WBOT was present. Second, it appeared that Radio One did not
maintain a local telephone number in its community of license
since the only Brockton telephone listings for the WBOT main
studio were for the call signs WCAV and WBET.
7. In responding to staff inquiries, Radio One avers that
WBOT has always had a full-time manager, Mr. Tom Calococci, who
has an office at the main studio and was responsible for
maintaining the station's public files. Radio One further
declares that, at the time of the inspection, Mr. Calococci
served as the station's chief operator. Radio One also states
that a second person, Ms. Jane Gilson, a KJI Broadcasting LLC
employee assigned to WBET, a co-located station, served as a
receptionist for WBOT, was present on the day of the inspection,
and could reach Mr. Calococci when required. Radio One
indicates, however, that Ms. Gilson may not have fully understood
her role with respect to WBOT. Radio One notes that, in any
event, subsequent to relocation of WBOT's main studio in May
2000, it has had full-time managerial and staff personnel at
WBOT's main studio during normal business hours.
8. As for the telephone number, Radio One acknowledges
that prior to the main studio's relocation the telephone number
for WBOT was listed under the station's former call sign, WCAV.
Further, Radio One concedes that, after WBOT's relocation to
Boston, some residents of Brockton had to place a toll call in
order to reach WBOT's main studio. Radio One states that, as of
September 20, 2000, it has a new telephone line in place so that
all residents of Brockton can now reach WBOT with a toll-free
9. After considering all the facts and circumstances, we
conclude that Radio One has complied, except in one respect, with
the main studio rules. From its commencement of operations at
WBOT, Radio One has employed a manager, Mr. Calococci, on a full-
time basis, and he has used the main studio as his ``home base.''
Moreover, he could be reached if he were out of the office on
station business. As for the staff person, Ms. Gilson, although
she had responsibilities for another station, it appears that she
remained in attendance at WBOT's main studio during normal
business hours and could reach Mr. Calococci if necessary. With
respect to a meaningful management and staff presence, our main
studio rules require nothing further. See Gerard A. Turro, FCC
00-245, ¶¶ 60-62 (July 20, 2000). Accordingly, we conclude that
no sanction is warranted, although we caution Radio One to ensure
that employees with responsibility for more than one station are
made fully aware of that fact.
10. It further appears, however, that a violation did occur
insofar as Radio One failed to maintain a toll-free telephone
number for WBOT following the main studio's relocation to Boston.
In this regard, we do not consider significant WBOT's failure to
update the local listing following its acquisition of the station
and call sign change. Although, prior to WBOT's main studio
relocation, one would have to know that WCAV operated on the same
frequency as WBOT in order to call WBOT, there is insufficient
information to support a conclusion that local residents were
ever confused and thus unable to reach WBOT. See Turro, supra, ¶
58. A different conclusion, however, is warranted with respect to
the four-month period following WBOT's move from Brockton to
Boston. Radio One concedes and we conclude that some residents
of Brockton could not reach WBOT's main studio without incurring
a long-distance charge. This constitutes a violation of section
73.1125(d) of the Rules in that Radio One failed to maintain a
toll free number for WBOT from May to September 2000.
Considering the nature and duration of the violation, we believe
a forfeiture of $1,000 is warranted.
11. Section 73.1350(c)(1) of the Rules states that
monitoring procedures and schedules must be established to enable
the licensee to determine compliance with Section 73.1560
regarding operating power, and other operating parameters. On
the day of inspection, there was no indication that this station
was being monitored to determine compliance with operating
parameters. The station was found operating beyond tolerance of
the authorized power.
12. Section 73.1800(a) of the Rules states that the
licensee of each station must maintain a station log as required
by Section 73.18204. There was no station log being maintained
as of the date of inspection.
13. Section 73.3526(a)(2) of the Rules states that the
licensee of each station shall maintain a public inspection file.
This station had failed to establish a public inspection file.
Mr. Calococci, the general manager of WBOT, met with the FCC
agent during inspection of the transmitter. When questioned
during the subsequent interview as to the status of the public
file, he responded by stating that one had not been established
14. Based on the evidence before us, we find that RADIO ONE
LICENSES INC. willfully5 violated Sections 11.35(a), 73.1125(d),
73.1350(c)(1), 73.1800(a), and 73.3526(a)(2) of the Rules. The
Commission's Forfeiture Policy Statement and Amendment of Section
1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12
FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303(1999)
(``Policy Statement''), sets the base amount for failure to have
EAS equipment installed and operational at eight thousand dollars
($8,000), failure to establish a local or toll-free telephone
number in the community of license one thousand dollars ($1,000),
failure to establish monitoring procedures at two thousand
dollars ($2,000), failure to maintain a station log at one
thousand dollars ($1,000), and failure to maintain a public file
at ten thousand dollars ($10,000). 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 Communications
Act of 1934, as amended (the ``Act''),6 that include 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 other such matters as
justice may require. Applying the Policy Statement and statutory
factors to the instant case, we believe that a monetary
forfeiture of twenty-two thousand dollars ($22,000) is warranted
for the violations.
IV. ORDERING CLAUSES
15. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the
Rules,8 RADIO ONE LICENSES INC. is hereby NOTIFIED of its
APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-eight
thousand dollars ($22,000) for failure to have operational
Emergency Alert System (``EAS'') equipment, failure to conduct
and log required EAS tests, failure to maintain a local telephone
number in the community of license, failure to establish
monitoring procedures to determine compliance with Section
73.1560 regarding operating power, failure to maintain a station
log, and failure to maintain a public file, in violation of
Sections 11.35(a), 73.1125(d), 73.1350(c)(1), 73.1800(a), and
73.3526(a)(2) of the Rules.
16. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Rules within thirty days of the release date of this NOTICE
OF APPARENT LIABILITY, RADIO ONE LICENSES INC. SHALL PAY the full
amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
17. Payment of the forfeiture may be made by mailing a
check or similar instrument, payable to the order of the Federal
Communications Commission, to the Forfeiture Collection Section,
Finance Branch, Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment should note the
NAL/Acct. No. 200132260001
18. The response, if any, must be mailed to Federal
Communications Commission, Enforcement Bureau, Technical and
Public Safety Division, 445 12th Street, S.W., Washington, D.C.
20554 and MUST INCLUDE THE NAL/Acct. No. 200132260001
19. 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
20. 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. 20554.9
21. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt
Requested to RADIO ONE LICENSES INC., WBOT, 5900
Princess Garden Parkway, 8th Floor, Lanham, MD 20706.
FEDERAL COMMUNICATIONS COMMISSION
Vincent F. Kajunski
1 47 C.F.R. §§ 11.35(a), 73.1125(d), 73.1350(c)(1), 73.1800(a)
2 47 C.F.R. § 73.1560.
3 47 C.F.R. § 73.1125.
4 47 C.F.R. § 73.1820.
5 Section 312(f)(1), which also applies to Section 503(b),
provides: [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 provisions of the Act or any rule or
regulation of the Commission authorized by this Act or by a
treaty ratified by the United States. See Southern California
Broadcasting Co., 6 FCC Rcd 4387 (1991).
6 47 U.S.C. § 503(b)(2)(D).
7 47 U.S.C. § 503(b).
8 47 C.F.R. §§ 0.111, 0.311, and 1.80.
9 See 47 C.F.R. § 1.1914.