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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,
2002
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
62201.
FEDERAL COMMUNICATIONS COMMISSION
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.