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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                 )
RJM Communications, Inc.         )    File No. EB-02-TP-436
Kalamazoo, Michigan              )    NAL/Acct. No. 200332700026
                                )    FRN 0008028938

                        FORFEITURE ORDER

     Adopted:  January 30, 2004         Released:  February 3, 

By the Chief, Enforcement Bureau:

                        I.   INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary forfeiture in the amount of one   thousand five  hundred 
dollars ($1,500) to RJM Communications, Inc. (``RJM''),  licensee 
of radio station WGSR(AM), Fernandina Beach, Florida, for willful 
and repeated violation of Sections 73.1125 and 73.1745(a) of  the 
Commission's Rules  (``Rules'')1  and for  willful  violation  of 
Section 73.3526(c)(1)  of  the  Rules.2    The  noted  violations 
involve RJM's failure to maintain a presence at its main  studio, 
operation in excess of authorized nighttime operating power,  and 
failure  to  make  station  WGSR(AM)'s  public  inspection   file 
available during regular business hours.  

                     II.          BACKGROUND

     2.   On July  15,  2003,  the  Commission's  Tampa,  Florida 
Office (``Tampa Office'') released a Notice of Apparent Liability 
for Forfeiture (``NAL'') to RJM for a forfeiture in the amount of 
twenty-one thousand dollars ($21,000).3  RJM filed a response  on 
August 1,  2003.  In  its response,  RJM does  not challenge  the 
findings of the NAL.  Rather, RJM seeks reduction or cancellation 
of the forfeiture based upon its inability to pay.  

                      II.       DISCUSSION

     3.   The  proposed  forfeiture  amount  in  this  case   was 
assessed in accordance with Section 503(b) of the  Communications 
Act of 1934, as amended  (``Act''),4 Section 1.80 of the  Rules,5 
and The Commission's Forfeiture Policy Statement and Amendment of 
Section  1.80  of  the   Rules  to  Incorporate  the   Forfeiture 
Guidelines.6 In examining RJM'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 other  such matters  as 
justice may require.7    

     4.   Based on the  findings of  the NAL  and RJM's  response 
thereto, we find  that RJM's  violation of  Sections 73.1125  and 
73.1745(a) of the Rules was willful8 and repeated.9  We also find 
that RJM's violation  of Section 73.3526(c)(1)  of the Rules  was 
willful.  In support of its request for cancellation, RJM submits 
federal income tax returns for tax years 2000, 2001, and 2002  to 
demonstrate its inability to pay the monetary forfeiture.   After 
reviewing the financial documentation, we conclude that reduction 
of the $21,000 forfeiture to $1,500 is warranted in this case. 

     5.There  is no  evidence  that  RJM is  in  compliance  with 
Sections 73.1125, 73.1745(a) and 73.3526(c)(1) of the Rules  with 
respect to  main  studio  staffing,  excess  nighttime  operating 
power, and  the public  inspection  file.  Accordingly,  we  will 
require, pursuant to Section 308(b) of the Act,10 that RJM report 
to the Enforcement Bureau no more than thirty (30) days following 
the release of  this Order  how it has  achieved compliance  with 
Sections 73.1125,  73.1745(a), and  73.3526(c)(1) of  the  Rules.  
RJM's report must be submitted in the form of an affidavit signed 
by an officer or director of RJM.

                  IV.          ORDERING CLAUSES

     6.   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,11 RJM  Communications, Inc. IS  LIABLE FOR A  MONETARY 
FORFEITURE in the  amount of  one thousand  five hundred  dollars 
($1,500) for its violation  of Sections 73.1125, 73.1745(a),  and 
73.3526(c)(1) of the Rules.  
          7.   IT IS FURTHER ORDERED that, pursuant to Section 
308(b) of the Act, RJM must submit the report described in 
Paragraph 5, above, within no more than thirty (30) days 
following the release of this Order, to Federal Communications 
Commission, Enforcement Bureau, Spectrum Enforcement Division, 
445 12th Street, S.W., Room 7-A728, Washington, D.C. 20554, 
Attention: Jacqueline Ellington, Esq.
     8.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.12  
Payment may 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 reference NAL/Acct.  No. 
200332700026 and FRN 0008028938.  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. 

     9.IT IS FURTHER ORDERED  that a copy of this Order shall  be 
sent by First Class and  Certified Mail Return Receipt  Requested 
to RJM  Communications, Inc.,  1218  S. Park  Street,  Kalamazoo, 
Michigan 49001, and its counsel,  John Neely, Esq. at Miller  and 
Neely, P.C., 6900 Wisconsin Avenue, Suite 704, Bethesda, Maryland 

                              FEDERAL COMMUNICATIONS COMMISSION
                              David H. Solomon
                              Chief, Enforcement Bureau


1 47 C.F.R.  73.1125 and 73.1745(a).  
2 47 C.F.R.  73.3526(c)(1).
3 See Notice of Apparent Liability for Forfeiture, NAL/Acct.  No. 
200332700026 (Enf. Bur. Tampa Office, July 15, 2003).  
4 47 U.S.C.  503(b).
5 47 C.F.R.  1.80.
6 12 FCC Rcd 17087 (1997),  recon. denied, 15 FCC Rcd 303 (1999).  
7 47 U.S.C.  503(b)(2)(D).
8 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).
9 As provided by 47 U.S.C.  312(f)(2), a continuous violation is 
``repeated'' if  it  continues  for  more  than  one  day.    The 
Conference Report for Section  312(f)(2) indicates that  Congress 
intended to apply this  definition to Section 503  of the Act  as 
well as  Section 312.   See  H.R. Rep.  97th  Cong. 2d  Sess.  51 
(1982).  See Southern California Broadcasting Company, 6 FCC  Rcd 
4387, 4388 (1991)  and Western Wireless  Corporation, 18 FCC  Rcd 
10319 at fn 56 (2003). 
10 47 U.S.C.   308(b).
11 47 C.F.R.  0.111, 0.311, 1.80(f)(4).
12 47 U.S.C.  504(a).
13 See 47 C.F.R.  1.1914.