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                )
                                )       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        ) 


     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 

     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.


                         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. 

  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. 

  9    Radio  One Licenses,  Inc.,  17 FCC  Rcd 1724  (Enf.  Bur. 

  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.