Federal Communications Commission DA 11-1734
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
LSM Radio Partners, L.L.C.
Licensee of Station WWWK(FM)
Islamorada, Florida
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File No: EB-08-MA-0188
Facility ID No. 34355
NAL/Acct. No.: 200932600001
FRN: 0010245207
ORDER ON RECONSIDERATION
Adopted:  October 20, 2011 Released:  October 21, 2011
By the Chief, Enforcement Bureau:
1. In this Order on Reconsideration (“Order”), we grant in part and deny in part a petition 
for reconsideration (“Petition”) filed on September 2, 2010 by LSM Radio Partners, L.L.C. (“LSM 
Radio”), licensee of Station WWWK(FM), in Islamorada, Florida.1 As discussed below, we conclude that 
the forfeiture should be reduced to four thousand seven hundred dollars ($4,700).   
2. LSM Radio seeks reconsideration of a Forfeiture Order issued on August 4, 2010,2 which 
imposed an eight thousand five hundred dollar ($8,500) monetary forfeiture for the willful and repeated 
violation of sections 11.35(a) and 73.1125(a) of the Commission’s rules (“Rules”).3 The noted violations 
concerned LSM Radio’s failure to maintain: (1) an 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.  The originally proposed forfeiture of $15,000 was 
reduced to $8,500 based upon LSM Radio’s inability to pay the $15,000 forfeiture as documented by its tax 
returns for several years.4 LSM Radio, in its Petition, asks that we reconsider our decision, urging 
cancellation of the forfeiture altogether because, it asserts, that it simply “does not have the money to pay 
the forfeiture amount.”5  
3. 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.6 Based 
on the updated financial documents and other information provided by LSM Radio, we find insufficient 
basis to grant its request for cancellation of the forfeiture.  In this regard, the forfeiture amount does not 
  
1 See Petition for Reconsideration of Forfeiture Order filed by David G. O’Neil, Esq., dated September 2, 2010 
(“Petition”).  See also Supplement to Petition for Reconsideration of Forfeiture Order filed by David G. O’Neil, Esq., 
dated April 21, 2011 (providing additional financial information).
2 See LSM Radio Partners, L.L.C., Forfeiture Order, 25 FCC Rcd 10631 (Enf. Bur. 2010) (“Forfeiture Order”).
3 See 47 C.F.R. §§ 11.35(a), 73.1125(a).
4 See Forfeiture Order, 25 FCC Rcd at 10634. 
5 Petition at 2.
6 See PJB Communications of Virginia, Inc., Memorandum Opinion and 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., Order of Forfeiture, 15 FCC Rcd 24385 (2000) (forfeiture not deemed excessive where it 
represented approximately 7.9 percent of the violator’s gross revenues); Hoosier Broadcasting Corporation, 
Memorandum Opinion and Order, 15 FCC Rcd 8640 (2002) (forfeiture not deemed excessive where it represented 
approximately 7.6 percent of the violator’s gross revenues).
Federal Communications Commission DA 11-1734
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exceed or even approach LSM Radio’s gross revenues.7 We do, however, find a sufficient basis to further 
reduce the $8,500 forfeiture based on the financial documents and other materials it submitted and, 
therefore, reduce the forfeiture to $4,700.8  
4. Accordingly, IT IS ORDERED, pursuant to section 405 of the Communications Act of 
1934, as amended (the “Act”),9 and section 1.106 of the Commission’s rules,10 that the Petition for 
Reconsideration filed by LSM Radio Partners, L.L.C. IS GRANTED IN PART and DENIED IN PART 
and the forfeiture is reduced to four thousand seven hundred dollars ($4,700).
5. 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 enforcement pursuant to section 504(a) of the 
Act.11 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 
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 with any questions regarding payment 
procedures at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov.  LSM Radio shall also send electronic 
notification on the date said payment is made to SCR-Response@fcc.gov.
6. IT IS FURTHER ORDERED that this Order shall be sent by both regular mail and by 
certified mail, return receipt requested, to LSM Radio Partners, L.L.C. at 70 Walnut St., Wellesley, MA 
02481and to its counsel, David G. O’Neil, Esq., Rini Coran PC, 1140 19th Street NW, Suite 600, 
Washington, D.C. 20036.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
  
7 See Lancaster Educational Broadcasting Foundation, Forfeiture Order, 24 FCC Rcd 9013, 9015 (Enf. Bur. 
Investigations & Hearings Div. 2009) (denying request for cancellation of proposed forfeiture based on inability to pay 
claim because licensee’s gross revenues exceeded proposed forfeiture amount).
8 This forfeiture amount falls within the percentage range that our precedents have found acceptable. See supra note 6. 
If LSM Radio believes that paying this amount still presents financial difficulties, we note that it could always pursue 
an installment payment plan to lessen the immediate impact of the forfeiture.     
9 See 47 U.S.C. § 405.
10 See 47 C.F.R. § 1.106.
11 See 47 U.S.C. § 504(a).