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

In the Matter of                )
JMK Communications, Inc.        )   File Number EB-02-CF-723     
WTRI                            )   NAL/Acct. No. 200332340005
Brunswick, Maryland             )   FRN:  0006-1615-09

                        FORFEITURE ORDER 

Adopted:  August 17, 2004               Released:    August   19, 

By the Chief, Enforcement Bureau:


     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary forfeiture in  the amount of  eighteen thousand  dollars 
($18,000) to  JMK  Communications, Inc.  (``JMK''),  licensee  of 
WTRI, Brunswick, Maryland for willful violation of Sections 1.89, 
73.49, and  73.1125(a) of  the Commission's  Rules  (``Rules'')1.  
The noted  violations involve  failure to  respond to  Commission 
correspondence, failure  to  enclose station  antenna  within  an 
effective locked fence  or enclosure, and  failure to maintain  a 
meaningful staff presence at the main studio.

     2.   On April 28, 2003, the Commission's Columbia,  Maryland 
Field Office (``Columbia Office'') released a Notice of  Apparent 
Liability for Forfeiture (``NAL'') to JMK proposing a  forfeiture 
in the amount of eighteen thousand dollars ($18,000) for  willful 
violation of Sections 1.89, 73.49, and 73.1125(a)  of the Rules.2    
JMK filed a response on May 28, 2003.
     3.   In  its  response  to  the  NAL,  JMK  denies  that  it 
willfully3 violated Sections 1.89,  73.49, and 73.1125(a) of  the 
Rules. JMK  seeks  reduction  or  cancellation  of  the  proposed 
forfeiture on the following   grounds:  that ``appropriate  steps 
have been taken to ensure  proper future handling'' of  important 
Commission correspondence to avoid future mail mishaps, that  the 
failure to  maintain  a meaningful  staff  presence at  the  main 
studio of  WTRI  was  a  ``temporary  anomaly  occasioned  by  an 
unfortunate medical situation,'' that the gap in JMK's fence  was 
not large enough to allow public  access and is surrounded by  an 
outer perimeter fence which provides a further barrier to  public 
access, and that the  licensee has a  history of compliance  with 
the Commission's Rules.

     4.   On November 14, 2002, an agent from the Columbia Office 
attempted an inspection of station WTRI, Brunswick, Maryland  for 
compliance with  FCC Rules.   The agent  found that  the  station 
failed to maintain a meaningful staff presence at the main studio 
because it  was locked  and unstaffed  from 1:10  p.m. until  the 
agent departed the studio  address at 3:45  p.m.  The agent  also 
observed that the station did not  have one of the three  antenna 
towers enclosed within  an effective locked  fence.  On  November 
22, 2002, the  agent returned  to the station.   Again, the  main 
studio was locked and unstaffed.  The  agent found a note on  the 
studio door directing visitors across the street to the residence 
of  a  station  employee.   The  agent  found  the  employee  and 
completed an inspection.  The employee identified himself as  the 
chief engineer.  The FCC agent found no management staff presence 
at the main studio.  

     5.   On December  16, 2002,  the  Columbia Office  issued  a 
Notice of Violation (``NOV'') to JMK for violations of Commission 
Rules.  The NOV was mailed to the address of record, but no reply 
was received to the NOV. On January 17, 2003, the Columbia Office 
issued a follow  up letter  to the  NOV with  a copy  of the  NOV 
attached.  The Columbia Office received a postal receipt  proving 
delivery of the letter on January 25, 2003, but did not receive a 
reply to the January 17 letter.  


     6.   The forfeiture  amount in  this  case was  proposed  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 JMK'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 

     7.   Section 1.89 of the Rules specifies that the  recipient 
shall send  a written  reply within  ten days  of receipt  of  an 
official notice to the Commission office originating the official 
notice.  The  Columbia Office  received no  reply to  the NOV  or 
follow-up  letter.   JMK  admits  that  its  agent  received  but 
neglected to forward the  certified NOV to  the attention of  its 
President or other appropriate  personnel.  JMK does not  contest 
the violation and states that it has undertaken steps to  prevent 
such a violation from recurring in the future. 

             8.                           Section  73.1125(a)  of 
the Rules requires  that licensees  maintain a  main studio.   On 
November 14, 2002, a Columbia  Office agent attempted to  inspect 
the station  during  normal business  hours  and found  the  main 
studio locked and  unmanned.  JMK  concedes that  the studio  was 
unmanned for six hours,  but argues that  this was a  ``temporary 
anomaly'' because the operator has special medical needs and  had 
to leave for  medical attention.  Were  this to have  been a  one 
time aberration  because  of  health, we  might  agree  with  the 
licensee.   However, a few days later, at the time of  inspection 
on November 22, 2002, JMK still had no management presence at the 
main  studio,  only   maintenance  staff.   Additionally,   JMK's 
practice of putting a sign on a radio station door directing  the 
public to return later or indicating that a station employee  can 
be found  down  the  street  does  not  constitute  the  required 
meaningful management  and  staff  presence at  the  main  studio 
location.8  In Jones Eastern of the Outer Banks, Inc., 6 FCC  Rcd 
3615 (1991), clarified,  7 FCC  Rcd 6800  (1992), the  Commission 
defined a minimally acceptable  ``meaningful presence'' as  full-
time managerial  and  full-time staff  personnel  present  during 
normal business hours.''9  JMK states that it has now  undertaken 
several actions to improve  and upgrade the station's  monitoring 
and  control  capabilities  and  to  mitigate  the   violation.10  
However, these efforts do not establish the requisite  meaningful 
staff presence at the studio in the past.
     9.   Section 73.49 of the Rules requires that antenna towers 
having radio frequency potential at  the base be enclosed  within 
effective locked  fences or  other enclosures.   On November  14, 
2002, a Columbia Office agent discovered and photographed a large 
gap in the  fence around one  of the station's  towers where  the 
fencing had pulled  away from its  supporting structure.  In  its 
response, JMK submitted some pictures dated six months later,  on 
May 28, 2003 as proof that the reported gap in its fence was  not 
large enough to ``permit  members of the  public to approach  the 
WTRI tower.'' However, pictures taken by JMK several months later 
do not rebut  the agent's earlier  observations, corroborated  by 
pictures,  of   a   large   gap.    Additionally,   the   agent's 
contemporaneous record  of  the  November  14,  2002,  inspection 
indicates the existence of an approximate six foot break in JMK's 
outer perimeter fence. Therefore, this perimeter fence was not  a 
sufficient barrier  to  prevent  the public  from  accessing  the 
tower.   JMK also argues that, in contrast to recent cases  Truth 
Broadcasting Corporation,  17 FCC  Rcd  24376 (Enf.  Bur.  2002), 
Culpeper  Broadcasting Corporation, 15  FCC Rcd 12594 (Enf.  Bur. 
2000), Mitchell Communications, Inc., 11 FCC Rcd 22391 (Enf. Bur. 
2002) and Wilson  Broadcasting Co.,  18 FCC Rcd  4864 (Enf.  Bur. 
2003), JMK's fence was indeed  effective.  We disagree.  We  find 
that the gap  in JMK's  fence was  large enough  to allow  public 
access, and that JMK lacked an outer perimeter fence which  could 
have provided a further barrier to public access.    

     10.  JMK maintains it is no longer in violation of  Sections 
1.89, 73.1125(a) and  73.49 of  the Rules and  has taken  several 
steps to remedy the defects  identified by the Commission  agent.  
However, no mitigation is warranted  on the basis of JMK's  post-
inspection efforts to correct the violations.  As the  Commission 
stated in Seawest  Yacht Brokers,  9 FCC Rcd  6099, 6099  (1994), 
``corrective action taken to come into compliance with Commission 
rules or policy is expected, and does not nullify or mitigate any 
prior forfeitures or violations.''11   

     11.  Finally, in support of its request for cancellation  or 
reduction, JMK states that  it has ``an  overall past history  of 
compliance with  the Commission's  rules.''   After a  review  of 
Commission records,  we have  determined  that no  mitigation  is 
warranted for a history of overall compliance.  On March 4, 2004, 
the Columbia  Office  issued an  NAL  to JMK  for  violations  of 
Sections 11.35(a), 73.1745(a),  73.3526(e)(5) and  73.3526(e)(12) 
of the  Rules12 at  Radio  Station WPWC,  Dumfries-Triangle,  VA, 
licensed to  JMK.   JMK, therefore,  has  no history  of  overall 

     12.  Considering the entire  record and  the factors  listed 
above, we  find  that  there  is no  basis  for  cancellation  or 
reduction of the proposed  monetary forfeiture.  Accordingly,  we 
find that JMK willfully  violated Sections 1.89, 73.1125(a),  and 
73.49 of the Rules and assess an $18,000 forfeiture.

     13.  As of  the adoption  date of  this Order,  JMK has  not 
provided evidence that it has complied with Section 73.1125(a) of 
the Rules.  Based upon the licensee's history of  non-compliance, 
we will require, pursuant  to Section 308(b)  of the Act,14  that 
JMK report to  the Enforcement  Bureau no more  than thirty  (30) 
days following the release of this Order whether it has come into 
compliance with  Section  73.1125(a) by  demonstrating  that  the 
required  meaningful  staff  and  management  presence  is  being 
maintained at the WTRI studio.  JMK's report must be submitted in 
the form  of  an  affidavit  or  declaration,  under  penalty  of 
perjury, signed by an officer or director of the licensee.


     14.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the Act15, and Sections 0.111, 0.311 and 1.80(f)(4)  of 
the Commission's Rules16, JMK Communications, Inc., IS LIABLE FOR 
A MONETARY FORFEITURE in the amount of eighteen thousand  dollars 
($18,000) for its willful violation of Sections 1.89, 73.49,  and 
73.1125(a) of the Rules.

     15.  Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80  of the Commission's Rules17  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.18   Payment may be  made by credit  card through  the 
Commission's Credit and Debt Management Center at (202)  418-1995 
or 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.   Payment  by  overnight mail  may  be sent  to  Bank 
One/LB 73482,  525  West  Monroe, 8th  Floor  Mailroom,  Chicago, 
Illinois 60661.   Payment by  wire transfer  may be  made to  ABA 
Number 071000013,  receiving bank  Bank One,  and account  number 
1165259.  The payment  must include the  FCC Registration  Number 
(FRN) and the NAL/Acct. No. referenced in the caption.   Requests 
for full payment  under an  installment plan should  be sent  to: 
Chief, Credit and Debt Management Center, 445 12th Street,  S.W., 
Washington, D.C. 20554.19

             16.    IT  IS  FURTHER  ORDERED  that,  pursuant  to 
Section 308(b) of the Act,  JMK must submit the report  described 
in Paragraph 13 above,  no more than  thirty (30) days  following 
the  release  of  this  Order,  to  the  Federal   Communications 
Commission, Spectrum Enforcement Division, 445 12th Street, S.W., 
Room 4-A223, Washington, D.C.  20554, Attention:  Emmitt Carlton, 

     17.  IT IS FURTHER  ORDERED that a  copy of this  Forfeiture 
Order shall be  sent by  First Class and  Certified Mail,  Return 
Receipt Requested,  to JMK  Communications, Inc.,  4525  Wilshire 
Boulevard, Los  Angeles, California,  90010 and  to its  counsel, 
Peter Gutmann, Esq.,  Carlyle, Sandridge &  Rice, Seventh  Floor, 
1401 Eye Street, N.W., Washington, D.C.  20005. 


                         David H. Solomon
                         Chief, Enforcement Bureau

1 47 C.F.R.  1.89, 73.49, and 73.1125(a).  

2 Notice  of Apparent  Liability  for Forfeiture,  NAL/Acct.  No. 
200332340005 (Enf.  Bur.,  Columbia Office,  released  April  28, 

3 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).

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  See Main Studio and Program Origination Rules, 2 FCC Rcd 3215, 
3217-18 (1987), clarified, 3 FCC Rcd 5024, 5026 (1998).  

9  See Jones Eastern, 6 FCC Rcd at 3616 n.6; 7 FCC Rcd at 6800. 

10 JMK  also argues  that its  situation is  not ``comparable  in 
gravity to those''  in A-O Broadcasting  Corporation, 17 FCC  Rcd 
24184 (2002)  or the  Mass Media  Bureau's Memorandum  Order  and 
Opinion in B&C Kentucky,  16 FCC Rcd 9305  (MMB 2001) ``in  which 
the respective stations had no  studio at all.''   We reject  the 
argument.  The record in this case demonstrates that on at  least 
two occasions,  when  the agent  sought  to inspect  WTRI's  main 
studio, the facility failed to meet the main studio requirements.  
The facility  was  locked  and inaccessible,  and  there  was  no 
management staff present.  In effect,  there was no main  studio.  
Accordingly, WTRI violated Section 73.1125(a).     

11 See also Callais  Cablevision, Inc., 17  FCC Rcd 22626,  22629 
(2002); Radio Station KGVL, Inc., 42 FCC 2d 258, 259 (1973);  and 
Executive Broadcasting Corp., 3 FCC 2d 699, 700 (1966).

12  47   C.F.R.     11.35(a),  73.1745(a),   73.3526(e)(5)   and 

13 See Mega Communications of St. Petersburg Licensee, L.L.C., 16 
FCC Rcd 15948,49 (Enf. Bur. 2001). 

14 47 U.S.C.  308(b). 

15 47 U.S.C.  503(b).

16 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

17 47 C.F.R.  1.80.

18 47 U.S.C.  504(a).

19 See 47 C.F.R.  1.1914.