**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+-----------------------------------+---+-------------------------------+
| In the Matter of                  | * | File Number EB-02-OR-274      |
|                                   | * |                               |
| Metropolitan Radio Group, Inc.    | ) | NAL/Acct. No.200332620003     |
|                                   | * |                               |
| Licensee of FM Broadcast Station  | * | FRN 0007-0069-84              |
| KTKC located                      |   |                               |
|                                   | * |                               |
| in Springhill, Louisiana          | * |                               |
|                                   | ) |                               |
| Springfield, Missouri             | * |                               |
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## 

## [FORFEITURE ORDER]{.underline}

**Adopted: May 10, 2004 Released: May 12, 2004**

By the Chief, Enforcement Bureau:

**I.** **INTRODUCTION**

1\. In this *Forfeiture Order* ("*Order*"), we issue a monetary
forfeiture in the amount of twelve thousand dollars (\$12,000), to
Metropolitan Radio Group, Inc. ("Metropolitan"), licensee of Station
KTKC-FM, Springhill, Louisiana, for willful violation of Sections
73.1125(a) and 73.3526(b) of the Commission's Rules (\"Rules\").[^1] The
noted violations involve Metropolitan's failure to maintain the required
staff and management presence at the station's main studio and failure
to maintain all of the required material in the station's public
inspection file.

2\. On November 19, 2002, the Commission\'s New Orleans, Louisiana,
Field Office (\"New Orleans Office\") issued a *Notice of Apparent
Liability for Forfeiture* (\"*NAL*\")[^2] in the amount of twelve
thousand dollars (\$12,000) to Metropolitan. Metropolitan filed its
response on December 19, 2002.

**II.** **BACKGROUND**

3.  On September 10, 2002, an agent from the New Orleans Office sought
    to inspect KTKC-FM's main studio. He contacted the station's
    operations manager and said he needed to go to the station's main
    studio where the public file was located and the station maintained
    a presence to deal with the public. KTKC-FM's operations manager
    informed the agent during that telephone conversation that KTKC-FM's
    main studio was located at 924 Plain Dealing Road, Springhill,
    Louisiana, and that the studio at that location was presently
    unoccupied but he could meet the agent there in 20 minutes. In
    response to the agent's question regarding where he was, the
    operations manager stated that he was at 541 S. Main Street. The
    agent stated directly to KTKC-FM's operations manager that he needed
    to inspect the station's main studio. The operations manager again
    stated that the location of the main studio was 924 Plain Dealing
    Road. The agent proceeded to 924 Plain Dealing Road to inspect the
    main studio and met the operations manager there. During the
    inspection, the operations manager told the agent that Metropolitan
    maintained no staff presence at 924 Plain Dealing Road and that
    KTKC-FM staff visited that location twice each day to take
    transmitter meter readings. The agent again asked the operations
    manager whether the facility located at 541 S. Main Street,
    Springhill, Louisiana, could be considered KTKC-FM's main studio and
    the operations manager stated unequivocally that it could not be
    considered KTKC-FM's main studio. The operations manager further
    stated that KTKC-FM's public file was not maintained at 541 S. Main
    Street. When asked about the lack of staff presence at 924 Plain
    Dealing Road, the operations manager responded that, if he received
    a telephone call from a person who wanted to visit KTKC-FM's main
    studio, he would make an appointment to meet the person at 924 Plain
    Dealing Road. An inspection of the station's public inspection file,
    located at 924 Plain Dealing Road, revealed that it was missing much
    of the required material including the most recent ownership report,
    the Public and Broadcasting Manual, letters and comments from the
    public, and the Issues and Programs Lists.

4.  On November 19, 2002, the New Orleans Office issued the *NAL* in the
    amount of twelve thousand dollars (\$12,000) to Metropolitan.
    Metropolitan filed its response on December 19, 2002. In that
    response, Metropolitan seeks cancellation or reduction of the
    proposed forfeiture. Metropolitan now asserts that on September 10,
    2002, KTKC-FM was in the process of moving from 924 Plan Dealing
    Road to 541 S. Main Street when the agent inspected the station.
    Further, Metropolitan states that KTKC-FM's main studio was located
    at 541 S. Main Street, Springhill, Louisiana, that it maintained the
    required staff and management presence at the main studio, and that
    it maintained a nearly complete public file at 541 S. Main Street.
    In addition, Metropolitan argues that, if a forfeiture is imposed,
    the amount should be reduced because of the "inconsequentiality" of
    the offense.

### III. DISCUSSION

III. 5\. The proposed forfeiture amount in this case was assessed in
     accordance with Section 503(b) of the Communications Act of 1934,
     as amended ("Act"),[^3] Section 1.80 of the Rules,[^4] 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 Metropolitan'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
     such other matters as justice may require.[^5]

     6\. Section 73.1125(a) of the Rules requires that every broadcast
     station licensee maintain a main studio for the station. To serve
     the needs and interests of the residents of the station\'s
     community of license, the licensee must maintain a full-time staff
     and managerial presence during normal business hours.[^6]
     Metropolitan now claims that, on September 10, 2002, its main
     studio was located at 541 S. Main Street, Springhill, Louisiana,
     where it maintained the required staff and management presence. On
     September 10, 2002, however, KTKC-FM's operations manager
     identified 924 Plain Dealing Road, Springhill, Louisiana, as the
     location of KTKC-FM's main studio and repeatedly stated to the
     agent that the location at 541 S. Main Street did not meet the
     FCC's requirements for a main studio location. Based on the
     operations manager's contemporaneous statements, we conclude that,
     on September 10, 2002, KTKC-FM's main studio was located at 924
     Plain Dealing Road, Springhill, Louisiana. It is undisputed that
     there was no staff or managerial presence at 924 Plain Dealing Road
     on that date. Accordingly we conclude that Metropolitan had no
     staff or managerial presence at KTKC-FM's main studio on September
     10, 2002, in willful[^7] violation of Section 73.1125(a) of the
     Rules.

     7\. Section 73.3526(b) of the Rules requires commercial broadcast
     stations to maintain a public inspection file at the main studio of
     the station. It is undisputed that the public file available at 924
     Plain Dealing Road, Springhill, Louisiana, during the inspection of
     that facility on September 10, 2002, was missing much of the
     required material including the most recent ownership report, the
     Public and Broadcasting Manual, letters and comments from the
     public, and the Issues and Programs Lists. We conclude that
     Metropolitan did not maintain a complete public inspection file at
     KTKC-FM's main studio, in willful violation of Section 73.3526(b)
     of the Rules.

     8\. No reduction of the proposed monetary forfeiture is warranted
     on the basis that Metropolitan's violations were "inconsequential."
     Metropolitan's lack of staff and managerial presence at its main
     studio and its incomplete public file were significant violations.

9\. We have examined Metropolitan's response to the *NAL* pursuant to
the statutory factors above, and in conjunction with the *Forfeiture
Policy Statement* as well. As a result of our review, we conclude that
Metropolitan willfully violated Sections 73.1125(a) and 73.3526(b) of
the Rules and that neither cancellation nor reduction of the proposed
\$12,000 monetary forfeiture is warranted.

####  IV. ORDERING CLAUSES

10\. Accordingly, **IT IS ORDERED THAT**, pursuant to Section 503(b) of
the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,[^8]
Metropolitan Radio, Inc., **IS LIABLE FOR A MONETARY FORFEITURE** in the
amount of twelve thousand dollars (12,000) for willfully violating
Sections 73.1125(a) and 73.3526(b) of the Rules.

11\. 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.[^9] 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. 200332620003, and FRN 0007-0069-84. Requests
for full payment under an installment plan should be sent to: Chief,
Revenue and Receivables Group, 445 12th Street, S.W., Washington, D.C.
20554.[^10]

12\. **IT IS FURTHER ORDERED** that, a copy of this *Order* shall be
sent by Certified Mail, Return Receipt Requested, and by First Class
Mail to Metropolitan Radio Group, Inc., Mark L. Acker, President, 318
East Pershing Street, Springfield, Missouri 65806.

**FEDERAL COMMUNICATIONS COMMISSION**

David H. Solomon

Chief, Enforcement Bureau

[^1]: ^?^ 47 C.F.R. §§ 73.1125(a)(a) , 73.3526(b).

[^2]: ^?^ *Notice of Apparent Liability for Forfeiture*, NAL/Acct. No.
    200332620003 (Enf. Bur., New Orleans Office, released November 19,
    2002).

[^3]: ^?^ 47 U.S.C. § 503(b).

[^4]: ^?^ 47 C.F.R. § 1.80.

[^5]: ^?^ 47 U.S.C. § 503(b)(2)(D).

[^6]: *^?^* Jones Eastern of the Outer Banks, Inc., *6 FCC Rcd 3615,
    3616 and n.2 (1992),* clarified*, 7 FCC Rcd 6800 (1992).*

[^7]: ^?^ Section 312(f)(1) of the Act, 47 U.S.C. § 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,'
    ... 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).

[^8]: ^?^ 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).

[^9]: ^?^ 47 U.S.C. § 504(a).

[^10]: ^?^ *See* 47 C.F.R. § 1.1914.