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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No. EB-03-
DL-228
)
SM Radio, Inc. ) NAL/Acct. No.
200432500002
Licensee of KUOL(AM) )
)
San Marcos, Texas ) FRN
0010-0455-32
FORFEITURE ORDER
Adopted: March 31, 2004 Released: April 5,
2004
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.
FEDERAL COMMUNICATIONS COMMISSION
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
200432500002.
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.