Federal Communications Commission
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
Facility ID # 34355
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File Number: EB-08-MA-0188
NAL/Acct. No.: 200932600001
FRN: 0010245207
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: September 8, 2009
By the Resident Agent, Miami Office, South Central Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture (“NAL”), we find that LSM Radio 
Partners, L.L.C. (“LSM Radio”), licensee of station WWWK(FM), in Islamorada, FL, apparently willfully 
and repeatedly violated Sections 11.35(a) and 73.1125(a) of the Commission's Rules (“Rules”)1 by failing to 
maintain an operational Emergency Alert System (“EAS”) and failing to maintain a main studio for 
WWWK(FM) consistent with the Rules.  We conclude, pursuant to Section 503(b) of the Communications 
Act of 1934, as amended (“Act”),2 that LSM Radio is apparently liable for a forfeiture in the amount of 
fifteen thousand dollars ($15,000).
II. BACKGROUND
2. On February 6, 2009, in response to a complaint alleging that radio station WWWK(FM) 
did not have an EAS installed at its main studio, the Commission’s Miami Office of the Enforcement 
Bureau (“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, 2009.3  
LSM Radio states that it repaired the station’s EAS unit on February 13, 2009.4
3. On April 9, 2009, an agent from the Miami Office 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.5 The GM stated that the transmitter site would 
  
1 47 C.F.R. §§ 11.35(a) and § 73.1125(a).
2 47 U.S.C. § 503(b).  
3 See LOI Response at 4.
4 Id. at 5.
5 LSM Radio also stated that it would generate original programming for WWWK(FM) from its transmitter site as 
(continued....)
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serve as the main studio until LSM Radio enters into a new LMA and finds 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.  There was no staff present at the time of inspection 
and there was no telephone number posted on the studio building.  The agents called the station’s contract 
engineer, who later met them at the main studio, to conduct an inspection of the station’s EAS.  The EAS 
was operational.  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 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, and there was no posted telephone number for the 
station. There was no staff present at the time of inspection.
III. DISCUSSION
6. Section 503(b) of the Act provides that any person who willfully or repeatedly fails to 
comply substantially with the terms and conditions of any license, or willfully or repeatedly fails to comply 
with any of the provisions of the Act or of any rule, regulation or order issued by the Commission thereunder, 
shall be liable for a forfeiture penalty.  The term “willful” as used in Section 503(b) of the Act has been 
interpreted to mean simply that the acts or omissions are committed knowingly.6 The term “repeated” means 
the commission or omission of such act more than once or for more than one day.7
7. 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 monitoring and transmitting functions are available during the times the 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.  The station was in operation during this period.
8. 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, during normal 
business hours, no management or staff employees of station WWWK(FM) were present at the main 
studio in Rock Harbor, FL.  The perimeter fence was locked on both days.
9. Based on the evidence before us, we find that LSM Radio apparently willfully and 
repeatedly violated Sections 11.35(a) and 73.1125(a) of the Rules by failing to ensure that EAS equipment 
  
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of February 9, 2009 in its response to the LOI.  LOI Response at 4.
6 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', 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).
7 Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which also applies to violations for which forfeitures are 
assessed under Section 503(b) of the Act, provides that “[t]he term 'repeated', when used with reference to the 
commission or omission of any act, means the commission or omission of such act more than once or, if such 
commission or omission is continuous, for more than one day.” 
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was operational when the station was in operation between May 15, 2007 and February 13, 2009 and failing 
to maintain a full-time managerial and staff presence at the station’s main studio on July 7 and August 3, 
2009.
10. Pursuant to The Commission’s Forfeiture Policy Statement and Amendment of Section 1.80 
of the Rules to Incorporate the Forfeiture Guidelines, (“Forfeiture Policy Statement”), and Section 1.80 of 
the Rules, the base forfeiture amount for not having operational EAS equipment installed and not 
maintaining a meaningful management and staff presence are $8,000 and $7,000, respectively.8 In assessing 
the monetary forfeiture amount, we must also take into account the statutory factors set forth in Section 
503(b)(2)(E) of the Act, which include the nature, circumstances, extent, and gravity of the violations, and 
with respect to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other 
such matters as justice may require.9 Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, 
and the statutory factors to the instant case, we conclude that LSM Radio is apparently liable for a $15,000 
forfeiture.
 
IV. ORDERING CLAUSES
11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications 
Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, LSM Radio 
Partners, L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the 
amount of fifteen thousand dollars ($15,000) for violations of Sections 11.35(a) and 73.1125(a) of the 
Rules.10
12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules 
within thirty days of the release date of this Notice of Apparent Liability for Forfeiture, LSM Radio 
Partners, L.L.C. SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written 
statement seeking reduction or cancellation of the proposed forfeiture.
13. Payment of the forfeiture must be made by credit card, check or similar instrument, 
payable to the order of the Federal Communications Commission.  The payment must include the 
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 Federal Reserve Bank of New York, 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. 20554.11  If you have questions, please contact the Financial 
Operations Group Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov.  If payment is 
made, LSM Radio Partners, L.L.C. will send electronic notification on the date said payment is made to 
SCR-Response@fcc.gov.
14. The response, if any, must be mailed to Federal Communications Commission, 
Enforcement Bureau, South Central Region, Miami Office, P.O. Box 520617, Miami, FL 33152 and must 
  
8 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. § 1.80.
9 47 U.S.C. § 503(b)(2)(E).
10 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80, 11.35(a), 73.1125(a).
11 See 47 C.F.R. § 1.1914
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include the NAL/Acct. No. referenced in the caption.  
15. The Commission will not consider reducing or canceling a forfeiture in response to a claim 
of inability to pay unless the petitioner submits: (1) federal tax returns for the most recent three-year period; 
(2) financial statements prepared according to generally accepted accounting practices ("GAAP"); or (3) 
some other reliable and objective documentation that accurately reflects the petitioner’s current financial 
status.  Any claim of inability to pay must specifically identify the basis for the claim by reference to the 
financial documentation submitted.  
16. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for 
Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to LSM Radio 
Partners, L.L.C. at its address of record and to its counsel, David G. O’Neil, Rini Coran, PC, 1615 L Street, 
NW, Suite 1325, Washington, DC 20054.
FEDERAL COMMUNICATIONS COMMISSION
Michael Mattern
Resident Agent
Miami Office
South Central Region
Enforcement Bureau