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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-OR-274
)
Metropolitan Radio Group, Inc. ) NAL/Acct. No.200332620003
Licensee of FM Broadcast Station )
KTKC located ) FRN 0007-0069-84
in Springhill, Louisiana )
Springfield, Missouri
FORFEITURE ORDER
Adopted: May 10, 2004 Released: May 12, 2004
By the Chief, Enforcement Bureau:
I. INTRODUCTION
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of twelve thousand dollars
($12,000), to Metropolitan Radio Group, Inc. (``Metropolitan''),
licensee of Station KTKC-FM, Springhill, Louisiana, for willful
violation of Sections 73.1125(a) and 73.3526(b) of the
Commission's Rules ("Rules").1 The noted violations involve
Metropolitan's failure to maintain the required staff and
management presence at the station's main studio and failure to
maintain all of the required material in the station's public
inspection file.
2. On November 19, 2002, the Commission's New Orleans,
Louisiana, Field Office ("New Orleans Office") issued a Notice of
Apparent Liability for Forfeiture ("NAL")2 in the amount of
twelve thousand dollars ($12,000) to Metropolitan. Metropolitan
filed its response on December 19, 2002.
II. BACKGROUND
3. On September 10, 2002, an agent from the New Orleans
Office sought to inspect KTKC-FM's main studio. He
contacted the station's operations manager and said he
needed to go to the station's main studio where the
public file was located and the station maintained a
presence to deal with the public. KTKC-FM's operations
manager informed the agent during that telephone
conversation that KTKC-FM's main studio was located at
924 Plain Dealing Road, Springhill, Louisiana, and that
the studio at that location was presently unoccupied
but he could meet the agent there in 20 minutes. In
response to the agent's question regarding where he
was, the operations manager stated that he was at 541
S. Main Street. The agent stated directly to KTKC-FM's
operations manager that he needed to inspect the
station's main studio. The operations manager again
stated that the location of the main studio was 924
Plain Dealing Road. The agent proceeded to 924 Plain
Dealing Road to inspect the main studio and met the
operations manager there. During the inspection, the
operations manager told the agent that Metropolitan
maintained no staff presence at 924 Plain Dealing Road
and that KTKC-FM staff visited that location twice each
day to take transmitter meter readings. The agent
again asked the operations manager whether the facility
located at 541 S. Main Street, Springhill, Louisiana,
could be considered KTKC-FM's main studio and the
operations manager stated unequivocally that it could
not be considered KTKC-FM's main studio. The
operations manager further stated that KTKC-FM's public
file was not maintained at 541 S. Main Street. When
asked about the lack of staff presence at 924 Plain
Dealing Road, the operations manager responded that, if
he received a telephone call from a person who wanted
to visit KTKC-FM's main studio, he would make an
appointment to meet the person at 924 Plain Dealing
Road. An inspection of the station's public inspection
file, located at 924 Plain Dealing Road, revealed that
it was missing much of the required material including
the most recent ownership report, the Public and
Broadcasting Manual, letters and comments from the
public, and the Issues and Programs Lists.
4. On November 19, 2002, the New Orleans Office issued the
NAL in the amount of twelve thousand dollars ($12,000)
to Metropolitan. Metropolitan filed its response on
December 19, 2002. In that response, Metropolitan
seeks cancellation or reduction of the proposed
forfeiture. Metropolitan now asserts that on September
10, 2002, KTKC-FM was in the process of moving from 924
Plan Dealing Road to 541 S. Main Street when the agent
inspected the station. Further, Metropolitan states
that KTKC-FM's main studio was located at 541 S. Main
Street, Springhill, Louisiana, that it maintained the
required staff and management presence at the main
studio, and that it maintained a nearly complete public
file at 541 S. Main Street. In addition, Metropolitan
argues that, if a forfeiture is imposed, the amount
should be reduced because of the ``inconsequentiality''
of the offense.
III. DISCUSSION
·
5. The proposed forfeiture amount in this case was
assessed in accordance with Section 503(b) of the Communications
Act of 1934, as amended (``Act''),3 Section 1.80 of the Rules,4
and The Commission's Forfeiture Policy Statement and Amendment of
Section 1.80 of the Rules to Incorporate the Forfeiture
Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd
303 (1999) (``Forfeiture Policy Statement''). In examining
Metropolitan's response, Section 503(b) of the Act requires that
the Commission take into account the nature, circumstances,
extent and gravity of the violation and, with respect to the
violator, the degree of culpability, any history of prior
offenses, ability to pay, and such other matters as justice may
require.5
6. Section 73.1125(a) of the Rules requires that
every broadcast station licensee maintain a main studio for the
station. To serve the needs and interests of the residents of the
station's community of license, the licensee must maintain a
full-time staff and managerial presence during normal business
hours.6 Metropolitan now claims that, on September 10, 2002, its
main studio was located at 541 S. Main Street, Springhill,
Louisiana, where it maintained the required staff and management
presence. On September 10, 2002, however, KTKC-FM's operations
manager identified 924 Plain Dealing Road, Springhill, Louisiana,
as the location of KTKC-FM's main studio and repeatedly stated to
the agent that the location at 541 S. Main Street did not meet
the FCC's requirements for a main studio location. Based on the
operations manager's contemporaneous statements, we conclude
that, on September 10, 2002, KTKC-FM's main studio was located at
924 Plain Dealing Road, Springhill, Louisiana. It is undisputed
that there was no staff or managerial presence at 924 Plain
Dealing Road on that date. Accordingly we conclude that
Metropolitan had no staff or managerial presence at KTKC-FM's
main studio on September 10, 2002, in willful7 violation of
Section 73.1125(a) of the Rules.
7. Section 73.3526(b) of the Rules requires
commercial broadcast stations to maintain a public inspection
file at the main studio of the station. It is undisputed that
the public file available at 924 Plain Dealing Road, Springhill,
Louisiana, during the inspection of that facility on September
10, 2002, was missing much of the required material including the
most recent ownership report, the Public and Broadcasting Manual,
letters and comments from the public, and the Issues and Programs
Lists. We conclude that Metropolitan did not maintain a complete
public inspection file at KTKC-FM's main studio, in willful
violation of Section 73.3526(b) of the Rules.
8. No reduction of the proposed monetary forfeiture
is warranted on the basis that Metropolitan's violations were
``inconsequential.'' Metropolitan's lack of staff and managerial
presence at its main studio and its incomplete public file were
significant violations.
9. We have examined Metropolitan's response to the NAL
pursuant to the statutory factors above, and in conjunction with
the Forfeiture Policy Statement as well. As a result of our
review, we conclude that Metropolitan willfully violated Sections
73.1125(a) and 73.3526(b) of the Rules and that neither
cancellation nor reduction of the proposed $12,000 monetary
forfeiture is warranted.
IV. ORDERING CLAUSES
10. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the
Rules,8 Metropolitan Radio, Inc., IS LIABLE FOR A MONETARY
FORFEITURE in the amount of twelve thousand dollars (12,000) for
willfully violating Sections 73.1125(a) and 73.3526(b) of the
Rules.
11. 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.9
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. 200332620003, and FRN 0007-0069-84. Requests for full
payment under an installment plan should be sent to: Chief,
Revenue and Receivables Group, 445 12th Street, S.W., Washington,
D.C. 20554.10
12. IT IS FURTHER ORDERED that, a copy of this Order shall
be sent by Certified Mail, Return Receipt Requested, and by First
Class Mail to Metropolitan Radio Group, Inc., Mark L. Acker,
President, 318 East Pershing Street, Springfield, Missouri 65806.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. §§ 73.1125(a)(a) , 73.3526(b).
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200332620003 (Enf. Bur., New Orleans Office, released November
19, 2002).
3 47 U.S.C. § 503(b).
4 47 C.F.R. § 1.80.
5 47 U.S.C. § 503(b)(2)(D).
6 Jones Eastern of the Outer Banks, Inc., 6 FCC Rcd 3615,
3616 and n.2 (1992), clarified, 7 FCC Rcd 6800 (1992).
7 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies to violations for which forfeitures are assessed under
Section 503(b) of the Act, provides that ``[t]he term `willful,'
... means the conscious and deliberate commission or omission of
such act, irrespective of any intent to violate any provision of
this Act or any rule or regulation of the Commission authorized
by this Act ....'' See Southern California Broadcasting Co., 6
FCC Rcd 4387 (1991).
8 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
9 47 U.S.C. § 504(a).
10 See 47 C.F.R. § 1.1914.