Click here for Adobe Acrobat version
Click here for Microsoft Word version


This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


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

In the Matter of                  )
M&R Enterprises, Inc.             )   File No. EB-01-IH-0441
                                 )   NAL/Acct. No. 200232080010
Licensee of Station WESL(AM)      )   FRN: 0005-0159-87
East St. Louis, Illinois          )   Facility ID No.72815

                      FORFEITURE ORDER

   Adopted: July 30, 2002               Released:  July  31, 

By the Chief, Enforcement Bureau:

                      I.   INTRODUCTION

     1.   In  this  Forfeiture  Order,   we  find  that  M&R 
Enterprises, Inc.  (``M&R''), licensee of  Station WESL(AM), 
East St. Louis, Illinois,  willfully and repeatedly violated 
Section  73.3526  of the  Commission's  rules,  47 C.F.R.   
73.3526, by denying access to  the public inspection file to 
members of the public on two occasions.  Based on our review 
of  the  facts and  circumstances  in  this case  and  after 
considering  M&R's  response1  to  our  Notice  of  Apparent 
Liability (``NAL'') in this matter,2 we conclude that M&R is 
liable  for a  forfeiture  in the  amount  of five  thousand 
dollars ($5,000). 

                       II.  BACKGROUND

     2.   On July 3, 2001, the Enforcement Bureau received a 
complaint alleging that M&R failed to comply with the 
Commission's public inspection file requirements.  The 
complainant alleged that on July 2 and July 3, 2001, station 
staffers Betty Robinson and Steve Riggins denied access to 
members of the public, including Mr. Anthony Noland, Ms. 
Clytee Shaw, and Mr. Michael Bryant, who requested to view 
the public inspection file.  As a result of that complaint, 
the Commission sent M&R a letter of inquiry on August 8, 
2001.  M&R responded to the Commission's letter of inquiry 
on August 15, 2001.  In the response, M&R stated that the 
public inspection file is maintained in the manager's office 
in East St. Louis, Illinois, and has been since the station 
was acquired.  M&R further responded that Mr. Noland, Ms. 
Shaw, and Mr. Bryant did not ask for any specific materials 
and that the public inspection file was in the office at the 
time of the alleged violation.  The complainant maintains 
that the named individuals specifically asked for access to 
the public inspection file and that station personnel denied 
them access.  M&R did not deny this.  Rather, M&R stated 
that these individuals did not ask for any specific 
materials.  Based on these facts the Enforcement Bureau 
issued the NAL on March 29, 2001 finding M&R apparently 
liable for a forfeiture in the amount of ten thousand 
dollars ($10,000).3

     3.   In response to the NAL, M&R did not contest the 
violation described in the NAL, but instead asserted that it 
is a small station in a highly depressed area, and requested 
that the forfeiture be cancelled, based on its inability to 
pay.  In support of this request, M&R submitted its tax 
returns for the prior three years.

                    III.      DISCUSSION

     4.   The Commission has determined  that, in general, a 
licensee's  gross revenues  are  the best  indicator of  its 
ability  to  pay a  forfeiture.  See  PJB Communications  of 
Virginia,  Inc.,  7  FCC   Rcd  2088,  2089  (1992).   After 
reviewing the  financial documentation submitted by  M&R, we 
conclude  that it  is appropriate  to reduce  the forfeiture 
amount from $10,000 to $5,000. 

                    IV.  ORDERING CLAUSES

     5.   ACCORDINGLY,  IT IS  ORDERED  pursuant to  Section 
503(b) of  the Communications  Act of  1934, as  amended, 47 
U.S.C.  503(b),  and Sections 0.111, 0.311 and  1.80 of the 
Commission's rules, 47 C.F.R.  0.111, 0.311 and 1.80, that 
M&R  Enterprises, Inc.  is LIABLE  for a  FORFEITURE in  the 
amount of  five thousand dollars ($5,000)  for willfully and 
repeatedly  violating Section  73.3526  of the  Commission's 
rules, 47 C.F.R.  73.3526.

     6.   Payment  of the  forfeiture shall  be made  in the 
manner  provided for  in  Section 1.80  of the  Commission's 
rules, 47  C.F.R.  1.80, within  30 days of the  release of 
this Forfeiture Order.  If the forfeiture is not paid within 
the period specified,  the Commission may refer  the case to 
the Department of Justice for collection pursuant to Section 
504(a)  of the Act,  47 U.S.C.   504(a).   M&R may  pay the 
forfeiture by mailing a check or similar instrument, payable 
to the  order of  the Federal Communications  Commission, to 
the  Federal  Communications  Commission,  P.O.  Box  73482, 
Chicago, Illinois 60673-7482.  The  payment MUST INCLUDE the 
FCC Registration number (FRN) referenced above and also must 
note the NAL/Acct. No. referenced above.   Requests for full 
payment under an installment plan  should be sent to: Chief, 
Revenue and  Receivables Operations Group, 445  12th Street, 
S.W., Washington, D.C. 20554.  See 47 C.F.R.  1.1914.  

     7.   IT  IS  FURTHER  ORDERED   that  a  copy  of  this 
Forfeiture  Order shall  be sent,  by Certified  Mail/Return 
Receipt Requested, to M&R Enterprises, Inc., Robert Riggins, 
General Manager, 149 South Eighth Street, East St. Louis, IL 


          David H. Solomon
          Chief, Enforcement Bureau

1 M&R responded by submitting financial information on April 
24, 2002.  Letter from Robert Riggins, General Manager, 
Station WESL, M&R Enterprises, Inc. to Charles Kelley, 
Chief, Investiagations and Hearings Division, Enforcement 
Bureau, FCC dated April 9, 2002.  

2 M&R Enterprises, Inc. (Station WESL(AM)) East St. Louis, 
Illinois, Notice of Apparent Liability for Forfeiture, 17 
FCC Rcd 5897 (2001) (``NAL'').

3 See note 2 supra.