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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: July 17, 2003 Released: July 22.
2003
By the Commission:
1. In this Memorandum Opinion and Order (``Order'') we
grant in part and deny in part the application for review filed
by Radio One Licenses, LLC (``Radio One''), licensee of
WBOT(FM),1 of the October 18, 2002 Memorandum Opinion and Order2
issued by the Enforcement Bureau in this proceeding.
2. On August 14, 2001, the Enforcement Bureau issued a
Forfeiture Order3 to Radio One, finding it liable for a monetary
forfeiture in the amount of $21,500 for willful violation of the
following sections of the Commission's Rules (``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).4
3. On September 13, 2001, Radio One filed a Petition for
Reconsideration of the Forfeiture Order. On January 31, 2002,
the Enforcement Bureau issued a Memorandum Opinion and Order5 in
which it denied Radio One's Petition for Reconsideration and
upheld the Forfeiture Order. On March 4, 2002, Radio One filed
an application for review of the Enforcement Bureau's January 31,
2002 Memorandum Opinion and Order. Subsequently, on August 27,
2002, Radio One requested that its application for review be
treated as a Petition for Reconsideration. On October 18, 2002,
the Enforcement Bureau issued a second Memorandum Opinion and
Order to Radio One in which it granted in part and denied in part
Radio One's second Petition for Reconsideration. The October 18,
2002 Memorandum Opinion and Order reduced the forfeiture imposed
against Radio One from $21,500 to $9,200. Based on new evidence
submitted by Radio One, the Enforcement Bureau eliminated the
$10,000 forfeiture imposed on Radio One for failure to maintain a
public inspection file. The Enforcement Bureau also reduced the
forfeiture amount for Radio One's remaining violations from
$11,500 to $9,200 based on Radio One's past history of compliance
with the Commission's rules.6 On November 18, 2002, Radio One
filed an application for review of the Enforcement Bureau's
October 18, 2002 Memorandum Opinion and Order. In its
application for review, Radio One argues primarily that the
remaining $9,200 forfeiture amount should be cancelled based on
its history of compliance with the Commission's rules. It
requests that the Commission instead issue a formal admonishment.
4. We agree with the Enforcement Bureau that Radio One's
past history of compliance with the Commission's rules, which was
already taken into account by the Enforcement Bureau in reducing
the forfeiture amount, does not warrant cancellation of the
forfeiture. In response to Radio One's argument that it acted in
good faith to comply with the EAS rules, we reduce the total
forfeiture to $8,000.7 Although we expect full compliance in
this important public safety area, the fact that Radio One had
identified the violation and ordered equipment to fix it prior to
the inspection justifies this reduction in the forfeiture amount.
Radio One's other arguments are fully addressed in the Bureau
orders and we agree with the Bureau's disposition of those
arguments.
5. Accordingly, IT IS ORDERED that, pursuant to Section
1.115(g) of the Rules,8 the application for review filed by
Radio One Licenses, LLC of the Enforcement Bureau's October 18,
2002 Memorandum Opinion and Order for NAL No. 200132260001 IS
hereby GRANTED to the extent indicated herein and DENIED in all
other respects.
6. IT IS FURTHER ORDERED that, pursuant to Section 503(b)
of the Communications Act of 1934, as amended, (``the Act'')9 and
Section 1.80 of the Rules,10 Radio One Licenses, LLC shall pay
the amount of eight thousand dollars ($8,000) 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.11 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. 20554.12
7. 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
Marlene H. Dortch
Secretary
_________________________
1 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).
2 Radio One Licenses, Inc., 17 FCC Rcd 20408 (Enf. Bur.
2002).
3 Radio One Licenses, Inc., 16 FCC Rcd 15326 (Enf. Bur.
2001).
4 47 C.F.R. §§ 11.35(a), 73.1125(e), 73.1350(c)(1), 73.1560,
73.1800(a), 73.3526(a)(2).
5 Radio One Licenses, Inc., 17 FCC Rcd 1724 (Enf. Bur. 2002).
6 The amount of the reduction for history of overall
compliance ($11,500 minus $9,200) is $2,300 not $800 as suggested
by Radio One in its Petition for Reconsideration (at n. 4).
7 See The Commission's Forfeiture Policy Statement and
Amendment to Section 1.80 of the Rules to Incorporate the
Forfeiture Guidelines, 12 FCC Rcd 17087 at para. 27 (1997),
recon. denied, 13 FCC Rcd 303 (1999) (good faith is a downward
adjustment factor).
8 47 C.F.R. § 1.115(g).
9 47 U.S.C. § 503(b).
10 47 C.F.R. § 1.80.
11 47 U.S.C. § 504(a).
12 47 C.F.R. § 1.1914.