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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-00-BS-106
Radio One Licenses, Inc. )
) NAL/Acct. No. 20013226001
Licensee of Station WBOT(FM) )
) FRN 0003-7390-34
Brockton, Massachusetts )
MEMORANDUM OPINION AND ORDER
Adopted: October 16, 2002 Released: October
18, 2002
By the Chief, Enforcement Bureau:
I. INTRODUCTION
1. In this Memorandum Opinion and Order ("Order") we grant
in part and deny in part the Petition for Reconsideration1 filed
by Radio One Licenses, LLC ("Radio One"), licensee of WBOT(FM),2
of the Memorandum Opinion and Order ("MO&O")3 issued by the
Enforcement Bureau in this proceeding. Pursuant to Section
503(b) of the Communications Act of 1934, as amended ("the
Act"),4 and Section 1.80 of the Commission's Rules ("the
Rules"),5 the Enforcement Bureau found Radio One liable for a
monetary forfeiture in the amount of $21,500 for willful
violation of the following sections of the Rules: 11.35(a)
(failure to have operational Emergency Alert System (``EAS'')
equipment); 73.1125(e) (failure to establish a local or toll-free
telephone number in the community of license); 73.1350(c)(1)
(failure to establish monitoring procedures to determine
compliance with Section 73.1560 regarding operating power);
73.1800(a) (failure to maintain a station log); and 73.3526(a)(2)
(failure to maintain a public inspection file).6
2. Radio One has presented new information which has
persuaded the Bureau to reconsider and reverse the
assessment of a forfeiture for violation of Section
73.3526(a)(2) of the Rules. The Bureau had assessed a
forfeiture against Radio One for not maintaining a
public inspection file for station WBOT(FM). It now
appears, based on new information provided by Radio
One, that Radio One did maintain a public inspection
file, although the file was not made available to the
Commission agent who conducted the inspection of
WBOT(FM) and who requested the public file. Thus, by
eliminating the forfeiture imposed for the public
inspection file violation, we are reducing the
forfeiture from $21,500 to $11,500. We also find that
some additional reduction would be appropriate in light
of Radio One's history of overall compliance. We will
therefore reduce the total forfeiture to $9,200.
3. Regarding the remaining violations7 and the arguments
raised by Radio One in its Petition for
Reconsideration, we have already addressed these
arguments in our Forfeiture Order8 and in our previous
Memorandum Opinion and Order.9 Radio One has not
presented any arguments which would persuade us to
change our decision below with respect to those
violations.
4. Accordingly, IT IS ORDERED THAT, pursuant to Section
405 of the Act10 and Section 1.106 of the Rules,11 the Petition
for Reconsideration of the Memorandum Opinion and Order in this
proceeding IS hereby GRANTED IN PART to the extent discussed
above AND DENIED in all other respects.
5. IT IS FURTHER ORDERED that, pursuant to Section 503(b)
of the Act and Section 1.80 of the Rules, Radio One Licenses, LLC
shall pay the amount of nine thousand two hundred dollars
($9,200) for the above-stated violations within 30 days of the
release date of this Order. Payment may be made by check or
money order, drawn on a U.S. financial institution, payable to
the Federal Communications Commission. The remittance should be
marked ``NAL/Acct. No. 200132260001, FRN 0003-7390-34'' and
mailed to the Federal Communications Commission, P.O. Box 73482,
Chicago, Illinois 60673-7482. If the forfeiture is not paid
within the period specified, the case may be referred to the
Department of Justice for collection pursuant to Section 504(a)
of the Act.12 Requests for full payment under an installment
plan should be sent to: Chief, Revenue and Receivables Operations
Group, 445 Twelfth Street, S.W., Washington, D.C. 20554.13
6. IT IS FURTHER ORDERED that, a copy of this Order shall
be sent by regular mail and Certified Mail Return Receipt
Requested to Pamela C. Cooper, Esq., counsel for Radio One
Licenses, LLC, at Davis Wright Tremaine, 1500 K Street, NW, Suite
450, Washington, DC 20005.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 On August 30, 2002, Radio One Licenses, LLC submitted a
request to have its previously filed application for review
treated as a Petition for Reconsideration. We are granting its
request and treating it as such.
2 At the time this matter was initiated, Radio One Licenses,
Inc. was the licensee of WBOT(FM). Effective December 31, 2001,
Radio One Licenses, LLC became the licensee of WBOT(FM).
3 Radio One Licenses, Inc., 17 FCC Rcd 1724 (Enf. Bur.
2002).
4 47 U.S.C. § 503(b).
5 47 C.F.R. § 1.80.
6 47 C.F.R. §§ 11.35(a), 73.1125(e), 73.1350(c)(1), 73.1560,
73.1800(a), 73.3526(a)(2).
7 Sections 11.35(a), 73.1125(e), 73.1350(c)(1), and
73.1800(a) of the Rules.
8 Radio One Licenses, Inc., 16 FCC Rcd 15326 (Enf. Bur.
2001).
9 Radio One Licenses, Inc., 17 FCC Rcd 1724 (Enf. Bur.
2002).
10 47 U.S.C. § 405.
11 47 C.F.R. § 1.106.
12 47 U.S.C. § 504(a).
13 47 C.F.R. § 1.1914.