Click here for Adobe Acrobat version
Click here for Microsoft Word version


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                        )         File No. EB-03-
SM Radio, Inc.                     )         NAL/Acct.        No. 
Licensee of KUOL(AM)               )
San Marcos, Texas                                 )         FRN 

                        FORFEITURE ORDER

     Adopted:    March 31, 2004              Released:   April 5, 

By the Chief, Enforcement Bureau:

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
          monetary  forfeiture in  the amount  of seven  thousand 
          dollars  ($7,000) to  SM  Radio, Inc.  (``SM  Radio''), 
          licensee of  KUOL(AM), San Marcos,  Texas, for  willful 
          violation of Section 73.1125 of the Commission's  Rules 
          (``the  Rules'').1   The noted  violation  involves  SM 
          Radio's  failure  to maintain  a  main  studio  in  its 
          community of license. 

     2.   On December  24, 2003,  the  District Director  of  the 
Commission's  Dallas,  Texas  Field  Office  (``Dallas  Office'') 
issued a Notice of  Apparent Liability for Forfeiture  (``NAL'')2 
in the amount of $7,000  to SM Radio.  SM  Radio has not filed  a 
response to  the NAL.   Based on  the information  before us,  we 
affirm the forfeiture. 

     3.   Finally, we note  that it  is unclear  from the  record 
before us what steps, if any,  SM Radio has taken to correct  the 
violation cited in the NAL and to ensure that this violation does 
not recur.   Accordingly,  we will require,  pursuant to  Section 
308(b) of the Communications Act of 1934, as amended, (``Act''),3 
that SM Radio submit a report to the Enforcement Bureau within 30 
days of the release of this order outlining what measures it  has 
taken or will take to correct the violation and ensure that  this 
does  not recur.  SM Radio's report must be submitted in the form 
of an affidavit or declaration.4

     4.   ACCORDINGLY, IT IS  ORDERED that,  pursuant to  Section 
503(b)  of  the  (``Act''),5   and  Sections  0.111,  0.311   and 
1.80(f)(4) of the Rules, SM Radio, Inc. IS LIABLE FOR A  MONETARY 
FORFEITURE in  the  amount  of  $7,000  for  willfully  violating 
Section 73.1125 of the Rules.

     5.   Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80 of the Rules6 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.7  
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. 200432500002, and  FRN 0010-0455-32.  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. 20554.8

     6.   IT IS FURTHER ORDERED that, pursuant to Section  308(b) 
of the Act, SM  Radio, Inc. must submit  the report described  in 
paragraph 3  no later  than thirty  (30) days  from the  date  of 
release of  this  Order to:  Federal  Communications  Commission, 
Enforcement  Bureau,  Spectrum  Enforcement  Division,  445  12th 
Street, S.W., Washington, D.C. 20554, Attention: Carmen Suarez.

     7.   IT IS FURTHER ORDERED that this Order shall be sent by 
regular mail and by certified mail, return receipt requested, to 
SM Radio, Inc., P.O. Box 252, McAllen, Texas 78502.


                         David H. Solomon
                         Chief, Enforcement Bureau

     1  47 C.F.R.  73.1125.

     2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200332500011 (Enf.  Bur., Dallas  Office, released  December  19, 
2003).  An  Erratum  was  released  on  January  9,  2004,  which 
corrected  the  NAL  to  indicate  that  the  NAL/Acct.  No.   is 

     3 U.S.C.  308(b).

     4 Such affidavit or  declaration should comply with  Section 
1.16 of the Rules, 47 C.F.R.  1.16, and be substantially in  the 
form set forth therein.

     5 47 U.S.C.  503(b).

     6 47 C.F.R.  1.80.

     7 47 U.S.C.  504(a).

     8 See 47 C.F.R.  1.1914.