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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554


                                    )                                
                                                                     
                                    )                                
     In the Matter of                                                
                                    )                                
     LSM Radio Partners, L.L.C.         File No: EB-08-MA-0188       
                                    )                                
     Licensee of Station WWWK(FM)       NAL/Acct. No.: 200932600001  
                                    )                                
     Islamorada, Florida                FRN: 0010245207              
                                    )                                
     Facility ID # 34355                                             
                                    )                                
                                                                     
                                    )                                


                                FORFEITURE ORDER

   Adopted: August 2, 2010 Released: August 4, 2010

   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 eight thousand five hundred dollars ($8,500) to LSM
       Radio Partners, L.L.C. ("LSM Radio"), licensee of station WWWK(FM), in
       Islamorada, FL for willful and repeated violation of Sections 11.35(a)
       and 73.1125(a) of the Commission's Rules ("Rules"). The noted
       violations involve LSM Radio's failure to maintain: (1) operational
       Emergency Alert System ("EAS") equipment when station WWWK(FM) was in
       operation; and (2) a full-time managerial and staff presence at the
       station's main studio consistent with the Rules.

   II. BACKGROUND

    2. On February 6, 2009, in response to a complaint alleging that radio
       station WWWK(FM) did not have EAS equipment installed at its main
       studio, the Enforcement Bureau's Miami Office ("Miami Office") issued
       a Letter of Inquiry ("LOI") to LSM Radio requesting information
       regarding its EAS equipment. In a response dated March 4, 2009, LSM
       Radio stated that the station did not have operational EAS equipment
       installed in its main studio between May 15, 2007 and February 13,
       2009. LSM Radio also stated that it repaired the station's EAS unit on
       February 13, 2009.

    3. On April 9, 2009, after an agent from the Miami Office had difficulty
       locating the main studio for station WWWK(FM), the agent conducted a
       telephone interview with the general manager ("GM") for LSM Radio. The
       GM stated that station WWWK(FM) had terminated its local marketing
       agreement ("LMA") with Caribbean Broadcasting, Inc. and moved out of
       its previous main studio location in Homestead, FL. The GM stated that
       station WWWK(FM) would generate all programming from its transmitter
       site in Rock Harbor, FL. The GM stated that the transmitter site would
       serve as the main studio until LSM Radio entered into a new LMA and
       found a new studio location.

    4. On July 7, 2009, agents from the Miami Office attempted to inspect the
       main studio for station WWWK(FM) in Rock Harbor, FL during normal
       business hours. The agents observed a locked fence surrounding the
       perimeter of the studio building. No station staff was present at the
       time of inspection and no telephone number was posted on the studio
       building. The agents called the station's contract engineer, who later
       met them on site, to conduct an inspection of the station's EAS
       equipment. The EAS equipment was operational. However, the contract
       engineer would not answer any questions regarding the regular staffing
       of the main studio.

    5. On August 3, 2009, an agent from the Miami Office again attempted to
       inspect the main studio for station WWWK(FM) in Rock Harbor, FL during
       normal business hours. The agent observed a locked fence surrounding
       the perimeter of the studio building. No station staff was present at
       the time of inspection and no telephone number was posted for the
       station.

    6. On September 8, 2009, the Miami Office issued a Notice of Apparent
       Liability for Forfeiture to LSM Radio in the amount of fifteen
       thousand dollars ($15,000), for the apparent willful and repeated
       violation of Sections 11.35(a) and 73.1125(a) of the Rules. LSM Radio
       submitted a response to the NAL requesting reduction or cancellation
       of the proposed forfeiture based on its history of compliance with the
       Rules, its prompt action to repair its EAS equipment, and its
       inability to pay the forfeiture. LSM Radio's response does not dispute
       the violations identified in the NAL.

   III. DISCUSSION

    7. The proposed forfeiture amount in this case was assessed in accordance
       with Section 503(b) of the Communications Act of 1934, as amended
       ("Act"), Section 1.80 of the Rules, and the Commission's Forfeiture
       Policy Statement. In examining LSM Radio'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. As discussed below, we have considered LSM Radio's response
       in light of these statutory factors and reduce the proposed forfeiture
       to $8,500, based on LSM Radio's documented inability to pay.

    8. Every broadcast station is part of the nationwide EAS network and is
       categorized as a participating national EAS source unless the station
       affirmatively requests authority to refrain from participation, and
       that request is approved by the Commission. The EAS enables the
       President and state and local governments to provide immediate and
       emergency communications and information to the general public.  State
       and local area plans identify local primary sources responsible for
       coordinating carriage of common emergency messages from sources such
       as the National Weather Service or local emergency management
       officials.  Required monthly and weekly tests originate from EAS Local
       or State Primary sources and must be retransmitted by the
       participating station. As the nation's emergency warning system, the
       Emergency Alert System is critical to public safety, and we recognize
       the vital role that broadcasters play in ensuring its success. The
       Commission takes seriously any violations of the Rules implementing
       the EAS and expects full compliance from its licensees.

    9. Section 11.35(a) of the Rules requires all broadcast stations to
       ensure that EAS encoders, EAS decoders, and attention signal
       generating and receiving equipment are installed and operational so
       that the EAS monitoring and transmitting functions are available
       during the times a station is in operation. LSM Radio admits that
       station WWWK(FM) did not have operational EAS equipment between May
       15, 2007 and February 13, 2009, and that the station was in operation
       during this period. LSM Radio, nevertheless, requests cancellation or
       reduction of the proposed forfeiture, because it fixed its EAS
       equipment by February 13, 2009, one week after the Commission issued
       the LOI. However, the Commission has long held that post-notification
       corrective action taken to come into compliance with the Rules is
       expected, and such corrective action does not nullify or mitigate any
       prior forfeitures or violations. Thus, based on the evidence before
       us, we find that LSM Radio willfully and repeatedly violated Section
       11.35(a) of the Rules by failing to ensure that EAS equipment was
       operational when the station was in operation between May 15, 2007 and
       February 13, 2009.

   10. Section 73.1125(a) of the Rules requires broadcast stations to
       maintain a main studio. "A station must equip the main studio with
       production and transmission facilities that meet applicable standards,
       maintain continuous program transmission capability, and maintain a
       meaningful management and staff presence."  The Commission has defined
       a minimally acceptable "meaningful presence" as full-time managerial
       and full-time staff personnel.  On July 7, 2009 and August 3, 2009, no
       management or staff employees of station WWWK(FM) were present at the
       main studio in Rock Harbor, FL during normal business hours. The
       perimeter fence was locked on both days. LSM does not dispute that its
       main studio was unstaffed. LSM Radio instead requests a reduction in
       the amount of the proposed forfeiture, because it states that, due to
       its financial situation, it was faced with either going silent or
       operating an unstaffed main studio. Licensees are, however, expected
       to comply with all of the rules, regardless of individual
       circumstances, and may apply for waivers of the rules in the event
       compliance is not possible. LSM Radio makes no claim that it applied
       for or received a waiver in this instance. Thus, based on the evidence
       before us, we find that LSM Radio willfully and repeatedly violated
       Section 73.1125(a) of the Rules by failing to maintain a full-time
       managerial and staff presence at the station's main studio on July 7,
       2009 and August 3, 2009.

   11. LSM Radio asserts that its record of compliance with the Commission's
       rules warrants mitigation of the forfeiture. The Commission may take
       into account the duration of a violation, however, in considering
       whether a licensee has a history of overall compliance. Here, LSM
       Radio operated without operational EAS equipment for approximately 21
       months. Given the duration and seriousness of the violation, we do not
       believe that LSM Radio has demonstrated a history of overall
       compliance with the Commission's rules and therefore find that no
       reduction of the forfeiture based on this factor is warranted.

   12. Finally, LSM Radio asserts that the forfeiture would pose a financial
       hardship and requests reduction or cancellation of the forfeiture on
       this basis. With regard to an individual's or entity's inability to
       pay, the Commission has determined that, in general, gross revenues
       are the best indicator of an ability to pay a forfeiture. We have
       reviewed LSM Radio's submitted documentation and conclude that the
       forfeiture should be reduced to $8,500, based on its documented
       inability to pay the forfeiture amount proposed in the NAL.

   IV. ORDERING CLAUSES

   13. 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, LSM Radio Partners, L.L.C. IS
       LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand five
       hundred dollars ($8,500) for violations of Section 11.35(a) and
       73.1125(a) of the Rules.

   14. 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/Account
       Number and FRN Number referenced above. Payment by check or money
       order may be mailed to Federal Communications Commission, P.O. Box
       979088, St. Louis, MO 63197-9000. Payment by overnight mail may be
       sent to U.S. Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005
       Convention Plaza, St. Louis, MO 63101. Payment by wire transfer may be
       made to ABA Number 021030004, receiving bank TREAS/NYC, and account
       number 27000001. For payment by credit card, an FCC Form 159
       (Remittance Advice) must be submitted.  When completing the FCC Form
       159, enter the NAL/Account number in block number 23A (call sign/other
       ID), and enter the letters "FORF" in block number 24A (payment type
       code). Requests for full payment under an installment plan should be
       sent to:  Chief Financial Officer -- Financial Operations, 445 12th
       Street, S.W., Room 1-A625, Washington, D.C.  20554.   Please contact
       the Financial Operations Group Help Desk at 1-877-480-3201 or Email:
       ARINQUIRIES@fcc.gov  with any questions regarding payment procedures.
       LSM Radio shall also send electronic notification on the date said
       payment is made to SCR-Response@fcc.gov.

   15. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class and Certified Mail Return Receipt Requested to LSM Radio at its
       address of record and to its counsel, David G. O'Neil, Esq., Rini
       Coran PC, 1140 19th Street NW, Suite 600, Washington, DC 20036.

   FEDERAL COMMUNICATIONS COMMISSION

   Dennis P. Carlton

   Regional Director, South Central Region

   Enforcement Bureau

   47 C.F.R. S:S: 11.35(a) and S: 73.1125(a).

   See LOI Response at 4.

   Id. at 5.

   LSM Radio also stated that it would generate original programming for
   WWWK(FM) from its transmitter site as of February 9, 2009. LOI Response at
   4.

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200932600001
   (Enf. Bur., Miami Office, September 8, 2009) ("NAL").

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

   47 C.F.R. S: 1.80.

   The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
   of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
   12 FCC Rcd 17087 (1997) ("Forfeiture Policy Statement"), recon. denied, 15
   FCC Rcd 303 (1999).

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

   47 C.F.R. S:S: 11.11, 11.41.

   47 C.F.R. S:S: 11.1, 11.21.

   47 C.F.R. S: 11.18.  State EAS plans contain guidelines that must be
   followed by broadcast and cable personnel, emergency officials and
   National Weather Service personnel to activate the EAS for state and local
   emergency alerts.  The state plans include the EAS header codes and
   messages to be transmitted by the primary state, local and relay EAS
   sources.

   See Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994), Rama
   Communications, Inc., Memorandum Opinion and Order, 24 FCC Rcd 4981 (Enf.
   Bur. 2009), Bethune-Cookman College, Inc.. Forfeiture Order, 24 FCC Rcd
   4513 (South Central Region 2009), International Broadcasting Corporation,
   Order on Review, 25 FCC Rcd 1538 (2010).

   Section 312(f)(1) of the Act, 47 U.S.C. S: 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', when used with reference to the
   commission or omission of any act, 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)  recon. denied, 7 FCC Rcd 3454 (1992).

   As provided by 47 U.S.C. S: 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).

   47 C.F.R. S: 73,1125(a).

   Main Studio and Program Origination Rules, Memorandum Opinion and Order, 
   3 FCC Rcd 5024, 5026 (1988).

   Jones Eastern of the Outer Banks, Inc., Memorandum Opinion and Order, 6
   FCC Rcd 3615, 3616 (1991), clarified 7 FCC Rcd 6800 (1992).

   See Claro Communications LTD, Forfeiture Order, 23 FCC Rcd 359 (South
   Central Region 2008).

   See Commercial Radio Service Corp., Forfeiture Order, 16 FCC Rcd 3543,
   3545 (Enf. Bur. Tech. & Pub. Safety Div., 2001) (denying a reduction for a
   history of overall compliance where the licensee operated eleven
   specialized mobile radio stations without authorization for five months).

   See TV 45 Productions, Inc., Forfeiture Order, 17 FCC Rcd 11259 (Enf. Bur.
   2002) (denying a reduction for a history of overall compliance where the
   licensee operated without operational EAS for one year).

   See PJB Communications of Virginia, Inc., Forfeiture Order, 7 FCC Rcd
   2088, 2089 (1992) (forfeiture not deemed excessive where it represented
   approximately 2.02 percent of the violator's gross revenues); Local Long
   Distance, Inc., Forfeiture Order, 16 FCC Rcd 24385 (2000) (forfeiture not
   deemed excessive where it represented approximately 7.9 percent of the
   violator's gross revenues); Hoosier Broadcasting Corporation, Forfeiture
   Order, 15 FCC Rcd 8640 (2002) (forfeiture not deemed excessive where it
   represented approximately 7.6 percent of the violator's gross revenues).

   47 U.S.C. S: 503(b); 47 C.F.R. S:S:S: 0.111, 0.311, 1.80(f)(4), 11.35(a),
   73.1125(a).

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

   Federal Communications Commission DA 10-1442

   2

   Federal Communications Commission DA 10-1442