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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                           )                                 
                                                                             
     In the Matter of                      )                                 
                                               File No. EB-05-IH-0219        
     Gaston College                        )                                 
                                               NAL Account No. 200732080021  
     Licensee of Noncommercial             )                                 
     Educational                               FRN No. 0009387226            
                                           )                                 
     Station WSGE(FM), Dallas, North           Facility I.D. No. 23324       
     Carolina                              )                                 
                                                                             
                                           )                                 


                                FORFEITURE ORDER

   Adopted: January 29, 2010 Released: January 29, 2010

   By the Chief, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Forfeiture Order ("FO"), we assess a monetary forfeiture in
       the amount of $8,000 against Gaston College, licensee of Noncommercial
       Educational Station WSGE(FM), Dallas, North Carolina (the "Station"),
       for willfully and repeatedly violating Section 73.3527 of the
       Commission's rules relating to a noncommercial licensee's obligation
       to properly maintain and make available a public inspection file.

   II. BACKGROUND

    2. As discussed in detail in the Notice of Apparent Liability for
       Forfeiture ("NAL") issued in this case, the Commission received a
       complaint alleging that on March 7, 2005, the licensee, Gaston
       College, failed to make available for public inspection the Station's
       public inspection file on two separate visits to the Station's main
       studio. According to the Complainant, during his first visit on March
       3, 2005, he asked to review the public inspection file, but was told
       by a Station employee to come back another day. After the requestor
       informed the Station employee that FCC rules require that the file
       must be made available on request during regular business hours, the
       employee directed him to a drawer containing some Station documents,
       but the drawer did not contain the Station's public inspection file.
       Meanwhile, the Station employee contacted the Station's General
       Manager who, upon arrival, also directed the Complainant to the same
       drawer. Shortly thereafter, the College's Vice President for Finance
       and Operations arrived and told the Complainant that he could not look
       through the files without first making an appointment with Gaston
       College's attorney. While still at the Station, he was asked to take a
       call from Gaston College's attorney, who directed him to leave the
       Station and the college's campus or he would be arrested. The
       Complainant states that he left without viewing the public inspection
       file.

    3. The Complainant further alleges that he returned the next day and was
       told by the Station's General Manager that he first needed an
       appointment with Gaston College's attorney to view the public
       inspection file. Only after informing the General Manager that such a
       policy was illegal was he permitted to review a public inspection file
       binder and a hanging folder. Upon review of the binder and hanging
       folder, he states that the Complainant noticed that the FCC
       publication, "The Public and Broadcasting," a copy of which is
       required under the rules to be maintained, was omitted from the public
       inspection file. When he inquired about the absence of the
       publication, he was provided with a copy. He states that he also
       discovered that the required issues/programs list and equal employment
       opportunity ("EEO") report were also missing from the public
       inspection file, but were later provided after he inquired about them.
       He asserts that the issues/programs list was incomplete.

    4. The Enforcement Bureau (the "Bureau") issued a letter of inquiry (the
       "LOI") to the licensee, which directed Gaston College to respond to,
       inter alia, the allegations in the Complaint. Gaston College, through
       its counsel, responded to the allegations. Although the licensee
       generally did not dispute the allegations in the Complaint, Gaston
       College characterized the Complainant's behavior during the first
       visit as "hostile," and asked the Bureau to view the Complaint in the
       context of its past dealings with the Complainant's employer, Columbia
       Bible College. In this regard, Gaston College contended that Columbia
       Bible College has been engaged in a "pattern of harassment and
       intimidation" by pursuing FCC proceedings against Gaston College, and
       that Columbia Bible College's actions, through the Complainant, are
       motivated by its prior unsuccessful efforts to acquire the Station.
       Gaston College alleged that Columbia Bible College is attempting to
       misuse the Commission's processes to force the licensee to sell the
       Station.

    5. After release of the NAL, Gaston College responded on April 6, 2007.
       In its response, Gaston College asserts that the proposed forfeiture
       is excessive and that Gaston College should be admonished or the
       forfeiture amount should be reduced. In support of this assertion,
       Gaston College asserts that the proposed forfeiture is not in keeping
       with Commission precedent and that, in several instances, licensees
       were only admonished for public file violations. Gaston College also
       asserts that the forfeiture should be reduced in light of its record
       of compliance with the Commission's rules.

   III. DISCUSSION

    6. The proposed forfeiture amount in this case was assessed in accordance
       with Section 503(b) of the Communications Act, Section 1.80 of the
       Commission's Rules, and the Commission's forfeiture guidelines set
       forth in its Forfeiture Policy Statement. In assessing forfeitures,
       Section 503(b) of the Act requires that we 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 matters as justice may
       require. As discussed further below, we have examined Gaston College's
       response to the NAL pursuant to the aforementioned statutory factors,
       our rules, and the Forfeiture Policy Statement, and find no basis for
       cancellation of the forfeiture. We find, however, that a reduction of
       the forfeiture amount from $10,000 to $8,000 based on Gaston College's
       prior history of compliance with the Commission's rules is
       appropriate.

    7. Section 73.3527 of the Commission's rules requires noncommercial
       educational stations to maintain a public inspection file containing
       specific types of information related to station operations.
       Specifically, subsection (b) of the rule provides that "the public
       inspection file shall be maintained at the main studio of the
       station," and subsection (c) requires that "[t]he file shall be
       available for public inspection at any time during regular business
       hours." Some examples of specific materials that must be included in
       the file are the station's quarterly issues/programs lists, equal
       employment opportunity file, and a copy of the most recent version of
       the manual entitled "The Public and Broadcasting." All broadcast
       stations have an obligation to serve their local community's needs and
       interests and to comply with certain programming and other rules.
       Because we do not monitor a station's programming, viewers and
       listeners are a vital source of information about the programming and
       possible rule violations. The documents in each station's public
       inspection file have information about the station that can assist the
       public in this important role. The Commission has held that "a simple
       request to see the file should be sufficient to elicit the complete
       file" without the further necessity of asking for documents piecemeal.
       The Commission included a relatively high base forfeiture amount of
       $10,000 for public file violations in Section 1.80, recognizing the
       seriousness of a licensee's failure to comply with this rule.

    8. In its NAL Response, Gaston College does not contest that it violated
       Section 73.3527 when it failed to provide access to its public
       inspection file to a member of the public upon request and in a manner
       consistent with the rule. Instead, Gaston College requests that the
       Bureau impose an admonishment rather than a forfeiture or, in the
       alternative, reduce the forfeiture. In support of this request, Gaston
       College argues that Commission precedent dictates that only an
       admonishment should be issued. Specifically, the licensee argues that
       Tabback Broadcasting Co., Isothermal Community College, and College of
       Staten Island -- each involving an admonishment against a
       noncommercial radio station for a public file violation -- are
       analogous to the instant situation and are controlling precedent, and
       that the cases cited by the Investigations and Hearings Division in
       the NAL are distinguishable. We reject this argument. We find that the
       facts presented in Isothermal Community College are distinguishable
       from the facts in the instant case. We also find that we are not bound
       by, and decline to follow, the Media Bureau's decisions in Tabback
       Broadcasting Co. and College of Staten Island. Indeed, as discussed
       below, the Media Bureau has recently departed from earlier precedent
       and has imposed significant forfeitures for public file violations by
       noncommercial stations.

    9. The Isothermal Community College admonishment is not instructive
       because the violation at issue in that case was substantially less
       egregious than the instant case. In Isothermal Community College, the
       Bureau admonished a station for violating the rule because its file
       was admittedly not up to date. The decision admonished the licensee
       for briefly delaying, by less than a half hour, a requestor's access
       to the public inspection file while the staff called security due to
       safety concerns. By contrast, on the requestor's first visit, Gaston
       College withheld the public file altogether and threatened the
       requestor with arrest. The decision to take that action also involved
       several high-ranking Gaston College officials, not just staff and
       security. We find that it is not reasonable to equate a half-hour
       delay for security reasons, as occurred in Isothermal Community
       College, and the initial wholesale failure to produce the file and the
       arrest threat made in the instant case. The antagonism Gaston College
       describes between it and Columbia Bible College does not excuse Gaston
       College's conduct.

   10. As Gaston College asserts, in the Media Bureau letter rulings Tabback
       Broadcasting Co. and College of Staten Island, licensees were
       admonished for failing to make their respective public files available
       to a member of the public when requested. To the extent the case facts
       are reported in the letter rulings, these cases appear similar to the
       facts present here. The Commission affirmed the admonishment in
       Tabback stating that the Media Bureau had discretion to admonish
       rather than issue a forfeiture in that case. At no point, however, did
       the Commission dictate that all future public file cases should result
       in admonishments. As a matter of administrative law, the Commission,
       and the Bureaus operating pursuant to delegated authority, have
       discretion over decisions "whether to issue a warning or assess a
       forfeiture based on the nature and circumstances of the specific
       violation." The courts have found that the Commission is best
       positioned to weigh the benefits of pursuing an adjudication against
       the costs to the agency and the likelihood of success. The
       Commission's affirmation of the Media Bureau's decision in Tabback
       Broadcasting Co. was based on recognition of the Media Bureau's
       discretion to issue an admonishment.  We similarly have discretion to
       select the appropriate sanction and are not bound to issue
       admonishments in the first instance for public file violations.

   11. Indeed, more recent Media Bureau decisions have held that significant
       forfeitures are appropriate sanctions for public file violations by
       noncommercial broadcasters. For example, in Boone Biblical Ministries,
       Inc., the Audio Division of the Media Bureau expressly "disavow[ed]"
       an earlier decision proposing a relatively small forfeiture against a
       noncommercial station for an incomplete public file. The Media Bureau
       held that the base forfeiture amount, $10,000, was an appropriate
       penalty against each station responsible for such violations, and
       cited other cases holding similarly. The Media Bureau has followed
       that approach in subsequent cases.

   12. We agree with the Media Bureau that public file violations merit
       strong enforcement. This case, which involves not only an incomplete
       public file, but the outright refusal to produce the public file,
       should receive an appropriately measured forfeiture. Accordingly, we
       decline to follow the earlier approach taken in the Media Bureau's
       decisions in Tabback Broadcasting Co. and College of Staten Island and
       follow more recent and compelling precedent from both the Media and
       Enforcement Bureaus. As explained above, the Media Bureau has taken
       strong enforcement action against noncommercial stations with
       incomplete public files. With respect to Gaston College's refusal to
       produce the public file, we find that the situation here is similar to
       Riverside Broadcasting, Inc., one of the cases cited by the
       Investigations and Hearings Division in the NAL. In Riverside
       Broadcasting, Inc., the requestor called the station after being
       denied access to the public file and was hung up on three times. He
       was then told that the station would file harassment charges if he
       called again. The Bureau issued a $10,000 forfeiture as a result.

   13. Our decision to impose a forfeiture for this type of conduct is well
       supported by Commission precedent, and we disagree with Gaston
       College's assertion that the cases cited in the NAL do not apply. The
       cases cited in the NAL consistently hold that a failure to provide the
       file to a member of the public on request constitutes a violation of
       the rule, and each imposed a forfeiture for such violation. Gaston
       College distinguishes the cases primarily on the basis that they
       involve commercial as opposed to noncommercial stations, apparently
       believing that noncommercial stations do not have the same obligation
       as commercial stations to provide access to the station's public
       inspection file. The Commission has stated that the requirements on
       noncommercial stations are similar to the requirements placed on
       commercial stations except for the content of the files. Indeed, as
       noted earlier, the Media Bureau has imposed even larger forfeitures
       than that at issue here against noncommercial stations for public file
       violations. In Lebanon Educational Broadcasting Foundation, KKTK(FM),
       the Enforcement Bureau explained:

   Section 73.3527(c)(1) of the Rules requires noncommercial licensees to
   make available for inspection all required items in the station's public
   inspection file during regular business hours. Where the Rule is violated,
   Section 1.80 provides that a monetary forfeiture may be imposed, and there
   is no exemption or reduction based on the noncommercial status of a
   station.

   We therefore reject Gaston College's assertions that the cases cited in
   the NAL are not applicable here.

   14. In the instant case, we affirm the NAL's decision that a forfeiture
       rather than an admonishment is appropriate, considering all of the
       relevant circumstances and the factors enumerated in Section
       503(b)(2)(E) of the Act, including the fact that the violation
       involved high-ranking officials of Gaston College threatening to have
       the requestor arrested, the fact that the file was withheld wholesale
       on the requestor's first visit, the fact that two visits were required
       to obtain access to the file, and the need for the requestor to ask
       for missing documents. Based upon the evidence before us, we find that
       the Station willfully and repeatedly violated Section 73.3527 of the
       Commission's rules.

   15. As we noted in the NAL, compliance with the public file rule is
       vitally important because the rule "safeguards the public's ability to
       assess the station's service and to meaningfully participate at the
       station's renewal process."  Section 1.80 of the Commission's rules
       sets a base forfeiture amount of $10,000 for public file violations.
       We find that the base forfeiture amount is an appropriate starting
       point in this case. As noted above, Gaston College asserts that a
       reduction is appropriate because its history of compliance with FCC
       rules is unblemished. Based on Gaston College's history of compliance
       and the circumstances of this case, we find that a reduction of the
       forfeiture amount on that basis to $8,000 is appropriate.

   IV. ORDERING CLAUSES

   16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Act, Section 1.80 of the Commission's rules, and authority delegated
       by Sections 0.111 and 0.311 of the Commission's rules, Gaston College
       IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 (Eight
       Thousand Dollars) for its willful and repeated violation of Section
       73.3527 of the Commission's rules.

   17. 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
       Forfeiture 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.  Gaston College will also send
       electronic notification on the date said payment is made to
       Hillary.DeNigro@fcc.gov, Ben.Bartolome@fcc.gov, Anjali.Singh@fcc.gov
       and William.Knowles-Kellett@fcc.gov.

   18. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be
       sent by Certified Mail - Return Receipt Requested, and regular mail,
       to the Licensee at its address of record and to its counsel, Wade H.
       Hargrove, Esq., Marcus W. Trathen, Esq. and Stephen Hartzell, Esq.
       Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., Wachovia Capitol
       Center Suite 1600, 150 Fayetteville Street, P.O. Box 1800, Raleigh,
       N.C. 27602.

   FEDERAL COMMUNICATIONS COMMISSION

   P. Michele Ellison

   Chief

   Enforcement Bureau

   See 47 C.F.R. S: 73.3527.

   See Gaston College, Notice of Apparent Liability for Forfeiture, 22 FCC
   Rcd 4556 (Enf. Bur., Investigations & Hearings Div. 2007).

   See Letter from J. Davidson Morrison to Enforcement Bureau, Federal
   Communications Commission (the "FCC" or "Commission"), dated March 4, 2005
   (the "Complaint") (transmitted by letter from Robert J. Rini, Esq., Rini
   Coran P.C. to FCC, Enforcement Bureau dated March 7, 2005).

   See id. at 1.

   See id.

   See id.

   See id.

   See id.

   See id.

   See id. at 2.

   See id.

   See id.

   See id.

   See id.

   See Letter from William D. Freedman, Deputy Chief, Investigations and
   Hearings Division, Enforcement Bureau, FCC, to Gaston College, dated
   January 20, 2006.

   See Letter from Stephen Hartzell, Esq., counsel for Gaston College, to Tom
   Hutton, Assistant Chief, Investigations and Hearings Division, Enforcement
   Bureau, FCC, dated March 6, 2006, (the "Response Cover Letter")
   transmitting Gaston College Response and attached exhibits (the "LOI
   Response"). J. Davidson Morrison responded to the College's LOI Response
   by letter from J. Davidson Morrison, to Tom Hutton, Assistant Chief,
   Investigations and Hearings Division, Enforcement Bureau, FCC, dated March
   22, 2006 (transmitted by letter from Robert J. Rini, Esq., Rini Coran P.C.
   to Tom Hutton, Assistant Chief, Investigations and Hearings Division,
   Enforcement Bureau, FCC, dated March 23, 2006) ("Complainant's Reply").

   See Response Cover Letter at 2.

   See id. at 2-3.

   See id.

   See Letter from Stephen Hartzell, Esq. counsel for Gaston College, to
   Hillary S. DeNigro, Chief, Investigations and Hearings Division, dated
   April 6, 2007 (the "NAL Response").

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

   See 47 C.F.R. S: 1.80.

   See 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), reconsideration denied, 15 FCC Rcd 303 (1999)
   ("Forfeiture Policy Statement").

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

   See NAL Response at 10 (asserting that Gaston College has an unblemished
   history of compliance with the FCC's rules).

   See 47 C.F.R. S: 73.3527. We note that comparable requirements also apply
   to commercial stations. See 47 C.F.R. S: 73.3526.

   47 C.F.R. S: 73.3527(b) & (c).

   See 47 C.F.R. S: 73.3527(e).

   The Public and Broadcasting, 1999 WL 391297 (1999)  at 12.

   In the Matter of Liability of KLDT-TV 55, Inc., Memorandum Opinion &
   Order, 10 FCC Rcd 3198, 3198-99 (1995). See M & R Enterprise, Inc, Notice
   of Apparent Liability for Forfeiture, 17 FCC Rcd 5897 (Enf. Bur. 2002)
   (citing KLDT-TV, 10 FCC Rcd at 3198-99), Forfeiture Order, 17 FCC Rcd
   14608 (Enf. Bur. 2002).

   See Forfeiture Policy Statement, 12 FCC Rcd at 17112.

   See NAL Response at 3.

   See In re Application of Tabback Broadcasting Co. for Renewal of License
   of Station KAZM(AM), Sedona, Arizona, Letter Ruling, File No. 1800B3-JR
   (Mass Media Bur., Audio Services Div. 1999), aff'd Tabback Broadcasting
   Co., Memorandum Opinion & Order, 15 FCC Rcd 11899, 11900 (2000) (affirming
   an admonishment against a licensee for a public file violation stating
   that "we find that the staff appropriately exercised its discretion in
   admonishing TBC.").

   See Isothermal Community College, Memorandum Opinion & Order, 16 FCC Rcd
   21360 (Enf. Bur. 2001).

   See College of Staten Island, Letter Ruling,  22 FCC Rcd 4890 (Media Bur.,
   Audio Div. 2007).

   See Isothermal Community College, 16 FCC Rcd at 21362-63.

   Compare id. (delay in viewing the public file was caused by "station
   staff"). See Catoctin Broadcasting Corp. of New York, Decision, 2 FCC Rcd
   2126, 2137-38 P:75 (Rev. Bd. 1987) (citing direct participation of station
   owner in public file violations as an exacerbating factor), aff'd, 4 FCC
   Rcd 2553, recon. denied, 4 FCC Rcd 6312 (1989), aff'd sub nom. Catoctin
   Broadcasting Corp. v. FCC, 920 F.2d 1039 (Table) (D.C. Cir. 1990)
   (affirming Commission discretion to impose appropriate sanction).

   See Isothermal Community College, 16 FCC Rcd at 21364.

   See NAL Response at 5-6; LOI Response at 2-3.

   See Isothermal Community College, 16 FCC Rcd at 21364.

   See Tabback Broadcasting Co., supra note 33.

   See College of Staten Island, supra note 35.

   Forfeiture Policy and Amendment of Section 1.80 of the Commission's Rules
   to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087, 17102 (1997)
   (rejecting proposal to always issue a warning to first-time violators,
   except in particular cases, because doing so "would greatly undermine the
   credibility and effectiveness of our overall compliance efforts.").  See
   C.F.R. S: 1.80(b)(4), Note ("The Commission and its staff retain the
   discretion to issue a higher or lower forfeiture than provided 47 in the
   guidelines, to issue no forfeiture at all, or to apply alternative or
   additional sanctions as permitted by the statute.").

   See Heckler v. Chaney, 470 U.S. 821, 831 (1985)  ("an agency's decision
   not to prosecute or enforce, whether through civil or criminal process, is
   a decision generally committed to an agency's absolute discretion."); New
   York State Dept. of Law v. F.C.C., 984 F.2d 1209, 1213 (D.C. Cir. 1993)
   (upholding the FCC's exercise of its enforcement discretion, citing
   Heckler v. Chaney, 470 U.S. at 831).

   See Tabback Broadcasting, Co., 15 FCC Rcd at 11900.

   Boone Biblical Ministries, Inc., Forfeiture Order, 24 FCC Rcd 14293, 14295
   (Media Bur., Audio Div. 2009) ("disavow[ing]" the approach in Faith
   Christian Music Broadcast Ministries, Inc., Forfeiture Order,  20 FCC Rcd
   19051 (Media Bur. 2005) ("Faith Christian"), in which the Media Bureau
   imposed a $3,000 forfeiture for an incomplete public file).

   Id., 24 FCC Rcd at 14295 n.11 (citing Colby-Sawyer College, Memorandum
   Opinion and Order and Notice of Apparent Liability for Forfeiture, 22 FCC
   Rcd 21682 (Media Bur. 2007) ($10,000 forfeiture for incomplete public
   file); Capstar TX Limited Partnership, Memorandum Opinion and Order and
   Notice of Apparent Liability for Forfeiture, 22 FCC Rcd 12715, 12715
   (Media Bur. 2007) (same)).

   See San Jose State University, Forfeiture Order, 24 FCC Rcd 14331, 14332
   (Media Bur., Audio Div. 2009) (upholding a $9,000 forfeiture for an
   incomplete public file by a noncommercial station, and disavowing the
   Faith Christian decision). See also Linfield College, Memorandum Opinion &
   Order and Notice of Apparent Liability for Forfeiture, 24 FCC Rcd 12429
   (Media Bur., Audio Div. 2009) (proposing a $10,000 forfeiture for an
   incomplete public file at a noncommercial station).

   See Riverside Broadcasting,  Inc., Notice of Apparent Liability for
   Forfeiture, 15 FCC Rcd 18322, 18323 (Enf. Bur., Investigations & Hearings
   Div. 2000) (finding public file rule violations particularly serious "in
   light of the hostile reaction [the complainant] encountered from station
   personnel.").

   See id.

   See Paulino Bernal Evangelism KBRN(AM), Boerne, Texas, Order on Review,
   FCC 08-252,  2008 WL 4722115 (rel. Oct. 28, 2008) (affirming Enforcement
   Bureau forfeiture issued to a noncommercial station for, inter alia,.
   failing to produce public file when the station was inspected).

   See NAL Response at 3-5.

   See Blountstown Communications, Inc., Memorandum Opinion & Order, 22 FCC
   Rcd 1097 (Enf. Bur. 2007) (denying reconsideration of $10,000 forfeiture
   for failure to make public file available to requesting FCC agent); M&R
   Enterprises, Inc., Forfeiture Order, 17 FCC Rcd 14608 (Enf. Bur. 2002)
   (finding a $10,000 forfeiture for failure to provide access to public
   inspection file on two occasions,); Riverside Broadcasting, Inc., Notice
   of Apparent Liability for Forfeiture, 15 FCC Rcd 18322 (Enf. Bur.,
   Investigations and Hearings Div. 2000) (finding licensee apparently liable
   for $10,000 forfeiture for denying access to station's public inspection
   file on two different dates) (NAL paid).

   See id.

   See Review of the Commission's Rules regarding the Main Studio Rule and
   Local Public Inspection Files of Broadcast Television and Radio Stations,
   Report and Order, 13 FCC Rcd 15691, 15700 P: 55 (1998) ("Main Studio Rule
   and Public Inspection Files"), recons. granted in part, Memorandum Opinion
   & Order, 14 FCC Rcd 11113 (1999). Compare 47 C.F.R. S: 73.3526 and 47
   C.F.R. S: 73.3527 (public file rules applicable to commercial and
   noncommercial educational stations, respectively).

   See supra  note  46 and 48.

   Lebanon Educational Broadcasting Foundation, KKTK(FM), Memorandum Opinion
   & Order, 21 FCC Rcd 1442, 1446 (Enf. Bur. 2002) (citing Main Studio Rule
   and Local Public Inspection Files, 13 FCC Rcd at 15700 (all licensees have
   a duty to comply with public inspection file rules)).

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

   See 47 C.F.R. S: 73.3527.

   New Life Broadcasting, Inc., Forfeiture Order, 21 FCC Rcd 8641, 8643-44
   P:10 (Enf. Bur., South Central Region 2006).

   See 47 C.F.R. S: 1.80.

   See supra notes 49 and 53.

   See NAL Response at 10.

   See, e.g., SM Radio, Inc., Order on Review, 23 FCC Rcd 2429, 2430-2431
   (2008) (affirming forfeiture reduction from $7,000 to $5,600 due to
   licensee's history of compliance); Radio X Broadcasting Corporation,
   Memorandum Opinion & Order, 21 FCC Rcd 12209 (2006) (affirming forfeiture
   reduction from $20,000 to $16,000 due to licensee's history of
   compliance.).

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

   See 47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4).

   See 47 C.F.R. S: 73.3527.

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 10-153

                                       7

   Federal Communications Commission DA 10-153