******************************************************** 
                      NOTICE
********************************************************

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                        )         
                              )         
Metro Birch Enterprises, Inc.                     )    File  No.: 
EB-02-OR-195
                              )    NAL/Acct. No. 200232620008
Licensee of Station KBPA(AM)            )    FRN 0007-2843-67
Pine Bluff, Arkansas                         )



                        FORFEITURE ORDER

Adopted:  January 28, 2003                   Released:    January 
30, 2003

By the Chief, Enforcement Bureau:

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
          monetary  forfeiture   in  the   amount  of   seventeen 
          thousand dollars ($17,000) to Metro Birch  Enterprises, 
          Inc., (``Metro  Birch'') licensee of Station  KBPA(AM), 
          Pine  Bluff,   Arkansas,  for   willful  violation   of 
          Sections 73.49  and 73.3526(a)(2)  of the  Commission's 
          Rules  (``Rules'').1   The  noted  violations   involve 
          Metro Birch's failure to enclose the station's  antenna 
          tower within an  effective locked fence and failure  to 
          maintain all  of the  required items  in the  station's 
          public inspection file.

     2.   On  July  22,  2002,  the  District  Director  of   the 
Commission's New Orleans, Louisiana  Field Office (``New  Orleans 
Office'') issued a  Notice of Apparent  Liability for  Forfeiture 
(``NAL'') in the amount of $17,000 to Metro Birch.2  Metro  Birch 
has not filed a  response to the NAL.   Based on the  information 
before us, we affirm the forfeiture.

     3.   ACCORDINGLY, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the Communications Act of 1934, as amended  (``Act''),3 
and Sections 0.111,  0.311 and  1.80(f)(4) of  the Rules,4  Metro 
Birch IS  LIABLE  FOR A  MONETARY  FORFEITURE in  the  amount  of 
$17,000 for willfully violating Sections 73.49 and  73.3526(a)(2) 
of the Rules.

     4.   Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80 of  the Rules within 30 days of  the 
release of this Order.  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.5  
Payment shall be made 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  should  note 
NAL/Acct. No. 200232620008, and  FRN 0007-2843-67.  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. 20554.6

     5.        IT IS FURTHER  ORDERED THAT a  copy of this  Order 
shall be  sent by  first class  mail and  certified mail,  return 
receipt requested, to Metro Birch Enterprises, Inc., 219 West 5th 
Street, Pine Bluff, Arkansas 71601.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

     1 47 C.F.R. §§ 73.49 and 73.3526(a)(2).

     2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200232620008 (Enf. Bur.,  New Orleans Office,  released July  22, 
2002).

     3 47 U.S.C. § 503(b).

     4 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).

     5 47 U.S.C. § 504(a).

     6 See 47 C.F.R. § 1.1914.