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 Federal  Communications  Commission  DA  04-  1306 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 

 In  the  Matter  of 
 Metropolitan  Radio  Group,  Inc.  Licensee  of  FM  Broadcast  Station  KTKC  located 
 in  Springhill,  Louisiana  Springfield,  Missouri 

 )  ) 
 )  ) 
 )  ) 

 File  Number  EB-  02-  OR-  274 
 NAL/  Acct.  No.  200332620003 
 FRN  0007-  0069-  84 

 FORFEITURE  ORDER 
 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  Commissions  Rules  ("  Rules").  1  The  noted  violations  involve  Metropolitans  failure  to  maintain  the 
 required  staff  and  management  presence  at  the  stations  main  studio  and  failure  to  maintain  all  of  the  required  material  in  the  stations  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. 

 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). 
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 II.  BACKGROUND 
 3.  On  September  10,  2002,  an  agent  from  the  New  Orleans  Office  sought  to  inspect  KTKC-FMs  main  studio.  He  contacted  the  stations  operations  manager  and  said  he  needed  to  go  to  the  stations 
 main  studio  where  the  public  file  was  located  and  the  station  maintained  a  presence  to  deal  with  the  public.  KTKC-  FMs  operations  manager  informed  the  agent  during  that  telephone  conversation  that  KTKC-  FMs 
 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  agents 
 question  regarding  where  he  was,  the  operations  manager  stated  that  he  was  at  541  S.  Main  Street.  The  agent  stated  directly  to  KTKC-  FMs  operations  manager  that  he  needed  to  inspect  the  stations  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-  FMs  main  studio  and  the  operations  manager 
 stated  unequivocally  that  it  could  not  be  considered  KTKC-  FMs  main  studio.  The  operations  manager  further  stated  that  KTKC-  FMs  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-  FMs  main  studio,  he  would  make  an  appointment 
 to  meet  the  person  at  924  Plain  Dealing  Road.  An  inspection  of  the  stations  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-FMs  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 
 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 
 Commissions  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  Metropolitans  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 

 3  47  U.  S.  C.    503(  b). 
 4  47  C.  F.  R.    1.80. 
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 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-  FMs  operations  manager  identified  924  Plain  Dealing  Road, 
 Springhill,  Louisiana,  as  the  location  of  KTKC-  FMs  main  studio  and  repeatedly  stated  to  the  agent  that  the  location  at  541  S.  Main  Street  did  not  meet  the  FCCs  requirements  for  a  main  studio  location.  Based 
 on  the  operations  managers  contemporaneous  statements,  we  conclude  that,  on  September  10,  2002,  KTKC-  FMs  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-  FMs  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-  FMs  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  Metropolitans  violations  were  inconsequential.  Metropolitans  lack  of  staff  and  managerial  presence 
 at  its  main  studio  and  its  incomplete  public  file  were  significant  violations. 
 9.  We  have  examined  Metropolitans  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. 

 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). 
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 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 

 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. 
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