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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554


                             )                               
                                                             
                             )                               
     In the Matter of                                        
                             )                               
     M.R.S. Ventures, Inc.       File Number EB-07-OR-014    
                             )                               
     Licensee of WDSK-AM         NAL/Acct. No. 200732620004  
                             )                               
     Cleveland, MS               FRN 0005013222              
                             )                               
     Facility ID # 16554                                     
                             )                               
                                                             
                             )                               


                                FORFEITURE ORDER

   Adopted:  June 6, 2007  Released:  June 8, 2007

   By the Regional Director, South Central Region, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of seven thousand dollars ($7,000) to M.R.S. Ventures,
       Inc., ("M.R.S."), licensee of radio station WDSK-AM, in Cleveland,
       Mississippi for repeated violation of Section 73.49 of the
       Commission's Rules ("Rules"). The noted violation involves M.R.S.'
       failure to enclose an antenna tower with radio frequency potential at
       the base within an effective locked fence.

   II. BACKGROUND

    2. On February 7 and February 8, 2007, in response to a complaint, agents
       from the Commission's New Orleans Field Office of the Enforcement
       Bureau ("New Orleans Office") inspected radio station WDSK-AM in
       Cleveland, MS. On both days, the hasp on the gate of the fence
       enclosing the antenna structure, which has RF potential at the base,
       was broken, allowing easy access. The latch on the gate could not be
       secured because of the condition of the hasp. There was no perimeter
       fence around the property. On February 8, 2007, the station manager
       stated he was unaware of the condition of the fence surrounding the
       antenna structure.

    3. On May 1, 2007, the New Orleans Office issued a Notice of Apparent
       Liability for Forfeiture to M.R.S. in the amount of seven thousand
       dollars ($7,000), for the apparent repeated violation of Section 73.49
       of the Rules. M.R.S. submitted a response to the NAL requesting a
       reduction or cancellation of the proposed forfeiture.

   III. DISCUSSION

    4. The proposed forfeiture amounts in this case was assessed in
       accordance with Section 503(b) of the Communications Act of 1934, as
       amended, Section 1.80 of the Rules, 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 M.R.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.

    5. Section 73.49 of the Rules requires that antenna towers having radio
       frequency potential at the base must be enclosed within effective
       locked fences or other enclosures. However, individual tower fences
       need not be installed if the towers are contained within a protective
       property fence. On February 7 and February 8, 2007, the gate of the
       fence surrounding WDSK-AM's antenna structure was not secured and
       could be easily opened, providing ready access to the base of the
       structure. This antenna structure was confirmed to have radio
       frequency at the base. There was no perimeter fence around the
       property. Therefore, the antenna structure was not enclosed within an
       effective locked fence or protective property fence on more than one
       day. Based on the evidence before us, we find that on February 7 and
       8, 2007, M.R.S. repeatedly violated Section 73.49 of the Rules by
       failing to enclose its antenna structure within an effective locked
       fence.

    6. M.R.S.' response to the NAL does not dispute these facts. Instead
       M.R.S. raises issues related to the willfulness of the violation.
       M.R.S. asserts that it regularly inspects the fence and that the hasp
       was not damaged less than a week prior to the inspection. However, as
       the NAL concluded that M.R.S. was apparently liable for repeated
       violations, not willful violations, M.R.S.' response raises no issues
       that would warrant reduction or cancellation of the forfeiture. M.R.S.
       also states that it repaired the hasp within two hours of the
       inspection on February 8, 2007 and has increased the frequency of its
       fence inspections. Corrective action taken to come into compliance
       with the Rules is expected, however, and does not nullify or mitigate
       any prior forfeitures or violations.

    7. We have examined M.R.S.' response to the NAL pursuant to the statutory
       factors above, and in conjunction with the Forfeiture Policy
       Statement. As a result of our review, we conclude that no reduction of
       the proposed $7,000 forfeiture is warranted.

   IV. ORDERING CLAUSES

    8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311 and
       1.80(f)(4) of the Commission's Rules, M.R.S. Ventures, Inc. IS LIABLE
       FOR A MONETARY FORFEITURE in the amount of seven thousand dollars
       ($7,000) for violation of Section 73.49 of the Rules.

    9. 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. Payment of the forfeiture must be made
       by check or similar instrument, payable to the order of the Federal
       Communications Commission.  The payment must include the NAL/Acct. No.
       and FRN No. referenced above.  Payment by check or money order may be
       mailed to Federal Communications Commission, P.O.
       Box 358340, Pittsburgh, PA 15251-8340.  Payment by overnight mail may
       be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670,
       Pittsburgh, PA 15251.   Payment by wire transfer may be made to ABA
       Number 043000261, receiving bank Mellon Bank, and account
       number 911-6106. Requests for full payment under an installment plan
       should be sent to: Associate Managing Director, Financial Operations,
       445 12th Street, S.W., Room 1A625, Washington, D.C. 20554.

   10. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class and Certified Mail Return Receipt Requested to M.R.S. Ventures,
       Inc. at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Dennis P. Carlton

   Regional Director, South Central Region

   Enforcement Bureau

   47 C.F.R. S 73.49.

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732620004
   (Enf. Bur., New Orleans Office, May 1, 2007) ("NAL").

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

   47 C.F.R. S 1.80.

   47 U.S.C. S 503(b)(2)(E).

   47 C.F.R. S 73.49.

   We note that M.R.S.' response to the NAL was not provided under penalty of
   perjury and did not include any supporting documentation. In addition,
   M.R.S. failed to mention contemporaneous to the inspection that it had
   recently inspected the fence.

   M.R.S. also asserts that its antenna structure is located on a dead end
   road that is often closed. However, this fact has no bearing on whether
   its antenna structure was enclosed within an effective locked fence. In
   addition, on February 7 and 8, 2007, the road was open, as the agents were
   able to reach the antenna structure.

   See Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994).

   47 U.S.C. S 503(b); 47 C.F.R. SSS 0.111, 0.311, 1.80(f)(4), 73.49.

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

   See 47 C.F.R. S 1.1914.

   Federal Communications Commission DA 07-2349

   3

   Federal Communications Commission DA 07-2349