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


In the Matter of                )
                                )
RADIO ONE LICENSES INC.         )            File No. EB-00-BS-

106
WBOT                            )
Brockton, MA                    )       NAL/Acct. No. 

200132260001
                                

           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released: March 8, 
          2001

By the District Director, Boston Office, Enforcement Bureau:


                        I.  INTRODUCTION

     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).

                         II.  BACKGROUND

     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 
   time.
 (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 
   Rules.
 (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. 

                        III.  DISCUSSION

     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 
call.  

     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 
as yet.

     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 
forfeiture.

     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 
submitted.

     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
                              District Director
                              Boston Office
_________________________

1 47 C.F.R.  11.35(a), 73.1125(d), 73.1350(c)(1), 73.1800(a) 
and 73.3526(a)(2).

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.